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HomeMy WebLinkAbout2026-FG007INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: February l 1, 2026 Organization: Under the Sun Promotions, Inc Address: 335 South Ocean Dr. Apt. 403 City/State/Zip Code: Fort Pierce, FL 34949 Name of Event: 31 Annual Treasure Coast Bbq Country Music Festival Load -In Date/Time: Friday May 1, 2026 Sam Event Date: May 1-3, 2026 Contact Name: Larry Burdgick Phone: 954-205-7813 E -Mail: info@flnauticalfleamarket.com Expected Attendance: 1500 Load -Out Date/Time: May 3, 2026 by Bpm WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the County has the authority to issue and/or execute, and Under the Sun Promotions, Inc / Larry Burdgick (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds which Applicant may apply for a permit, license, or use hereunder are more particularly described as Fairgroun ce A reement lnitials Page 1 of 11 Ar I. Facilities (See Exhibit A) a. 0 Acreage ❑ 0-5 ❑ 6-10 CEJ 11-40 3 days ❑ 41+ b. ❑ Expo Center C. 0 Expo Open Air Pavilion 3 days d. ❑ Agricultural Pavilion e. ❑ Entertainment Building f. ❑ Cook Shed g. ❑ RV Hook-up II. ❑ Amenities ❑ Large Bleachers ❑ Small Bleachers ❑ Small Stage ❑ Stage Risers # (1-6) ❑ Trans -Stage ❑ 10X20 Tent # ❑ Light Towers ❑ Picnic Tables ❑ without canopy ❑ with canopy ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs # ❑ Chairs only # ❑ Marquee # weeks ❑ Internet Access Q Golf Carts # 1 for all three days ❑ Expo Pavilion Curtains ❑ Fire Extinguishers # 0 Midway Electric (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel Q Parks Division Staff IV. Permits Z Fairgrounds Use Permit C Alcohol Permit 3 days 2. Applicant may use and have access to the Premises for a period, commencing at 9am, on the 1St day of May 2026, and ending at Bpm on the 3rd day of May 2026, ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not Fairgrou re ent Initials,. Page 2 of 11 limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the 3rd Annual Treasure Coast Bbq Country Music Festival (the `Event"), two-day music festival with live bands arts and crafts vendors Alcoholic beverages served by a licensed vendor. (a) The Event may include the following activities: live music, line dancing, mechanical bull and vendors selling arts and crafts related products Alcohol will be served by licensed alcohol vendor (b) The hours of the Event shall be: Friday. May 1. 2026 4pm-8pm, Saturday, May 2, 2026, Ilam -bpm and Sunday. May 3.2026. llam-spm. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $6450.00 plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental fee, $1612.50 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) A Damage Deposit of5$ 00.00 shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Fairgrounds that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. (c) TOTAL DUE: $6950.00 Fafrgro s Le a eement Initia Page 3 of 11 (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 14. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. Fairgro4s� ment In "s Page 8 of 11 15. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 16. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.2. (a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 17. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 19. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such Fairgr i greement Init'als Page 9 of 11 loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 23. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 24. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 27. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Elaine Carow Indian River County Parks and Recreation 550077 1h Street Vero Beach, FL 32967 Email: ecarow(dindianriver.gov Fairgroui&-Py ense tr ent Initials - Page 10 of 11 Applicant: Under the Sun Promotions, Inc Larry Burdgick 355 S. Ocean Dr. Apt. 403 Fort Pierce, FL 32949 Email: info@flnauticalfleamarket.com 28. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 29. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 30. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. 31. Animals will not be permitted onto the Fairgrounds property during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do h eby execute this License Agreement on this day of APPLICANT:' INDIAN RIVER COUNTY: '—L— ByJai 1 1, La dgi er the romo ions Elamre Carow, airgrounds Manager Fairgrou e e greem nt Page 11 of 11 Initial Exhibit C Indian River County Parks Division Fairgrounds Rules & Regulations General Fairgrounds Rules 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriff's Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement. b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. d. Evidence of IRSO law enforcement scheduling shall be provided to the County 30 days prior to the Event by means of a paid receipt to the IRSO. The County will provide Applicant with the order form for IRSO. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Fairgrounds Management Staff. 5. Deposits: a. All buildings and facilities shall be left in the same condition it was received in. A cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location. b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events. i. Festivals require a damage deposit of no less than $2500. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. Fairground Agreement Page I of 3 Initials rev. 81 Exhibit C 7. No animals are allowed unless assisting the handicapped or the event is an animal related event. Animals are allowed in the RV area but must be on a leash (<6') or in a carrier at all times. 8. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Fairgrounds Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 14. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Fairgrounds Management Staff. All RV's will be required to pay the daily fee for the campsite hook-up. 15. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event. 16. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. RV Campground Rules 1. RV sites are not open to the public. 2. RV sites are used only during scheduled events. Only participants of the events may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Fairgrounds Management Staff. 5. Showers are to be used by registered guest only. 6. Only one (1) hook-up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Fairgrounds Management Staff will count each morning and will confirm count with the Applicant daily. 11. Fees are $20.00 per site plus 11 % tax for a total of $22.20 each for full hookup. 12. Feesgr.00 plus 11% tax for a total of $16.65 each for all dry camping. Fairggreement Page 2 of 3 Initialrou rev. 81 Exhibit C 13. Reconciliation for camping fees will be collected within 3 days of the conclusion of the event. 14. A separate check for camping fees is required. 15. Early arrival and late departure for events must be coordinate thru the Fairgrounds Management Staff @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. Fairgrounds cen ement Initials 81 Page 3 of 3 rev.