ALACHUA COUNTY FAIRGROUNDS RENTAL APPLICATION PROCESS

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1 ALACHUA COUNTY FAIRGROUNDS RENTAL APPLICATION PROCESS Page Application Process 1 Fairgrounds General Rules 2 Terms and Conditions for Fairgrounds Bookings 3 Fairgrounds Fee Schedule 6 Licensee s Insurance Requirements 7 Self-Insured Governmental Entities Insurance Requirements 8 Alachua County and State of Florida Worker s Compensation Requirements 9 Auditorium Floor Plan 10 Site Plan 11 Agency Contact List 12 Sample License Agreement 13 Public Safety Pre-Application Meeting Checklist 17

2 APPLICATION PROCESS 1. User Group may decide on date(s) for event and contact the Alachua County Parks and Recreation Department (Parks) to verify availability. Applications will be accepted up to one year in advance but no less than four weeks in advance of the proposed event. 2. User Group will contact the Alachua County Sheriff s Office (Sheriff) for security planning. They will identify the appropriate law enforcement requirements for User Group s event and approval of their security plan. If a security plan is required the User Group will be responsible for submitting the plan and coordinating with the Sheriff. The Fairgrounds Public Safety Pre-application Checklist is required at that time. The Sheriff will notify Parks and the User Group when they have completed their process. The Sheriff will coordinate security planning with the Gainesville Police Department (GPD) as necessary. The event will not be allowed to proceed unless Parks has received written confirmation from the Sheriff that an adequate security plan has been approved and paid for, if applicable. Additional fees may be charged by the Sheriff and the GPD based on complexity of the event. To defray the cost for security, events conducted by the City of Gainesville may be exempt from this requirement provided documentation is submitted confirming that the GPD will be responsible for security. 3. User Group will contact the Alachua County Fire Marshall (Fire Marshal) to discuss a grounds site plan, auditorium floor plan and life/safety issues. The Fire Marshal will notify Parks and the User Group when they have completed their process. The User Group is responsible for meeting all applicable provisions of the Fire Code. Parks must receive written confirmation from the Fire Marshal in advance of the event indicating they have approved the site plan and/or floor plan and any other items under their jurisdiction. Additional fees may be charged by the Fire Marshal based on complexity of the event and need for additional reviews and inspections. 4. If the event is more than four weeks away the User Group must submit items listed below to retain the date requested. a. Completed Fairgrounds application This application is located at the following web address: b. Payment of Fifty percent (50%) of the rental fee (may be non-refundable depending on situation) c. Payment of Fire Marshal Assessment Fee of $90.00 (non-refundable) 5. If the event is less than four weeks away the User Group must submit the following to retain the date requested. a. The completed Fairgrounds application This application is located at the following web address: b. Payment of 100% of the rental fee (50% may be non-refundable depending on situation) c. The Fire Marshal Assessment Fee of $90.00 (non-refundable) d. The Security Deposit based on the type, size and complexity of the event as indicated by Parks. 6. A completed application includes all necessary fees and the following documents, if they apply to User Group situation. All applications must be complete four weeks prior to the event. a. Certificate of Insurance as required by Alachua County Risk Management b. Workers Compensation Exemption Affidavit from the State of Florida. c. Workers Compensation Exemption Affidavit for Alachua County d. Auditorium Floor Plan showing how the space would be used (location of tables, booths, stage, equipment, chairs, etc.) e. Grounds site plan that includes the location of equipment, vehicles, structures and any other information necessary to show how the grounds will be used f. Liquor Permit g. Proof of State Sales Tax Exemption Page 1

3 h. Permits and documentation of all mammals, fish, amphibians, reptiles and birds and their owners and possessors i. Two original Lease/License Agreements for Use of Alachua County Fairgrounds signed by User Group and returned to Parks for further processing j. Approval of site security plan by Alachua County Sheriff s Office. k. Approval of life/safety plan by the Alachua County Fire Marshal l. Proof of State of Florida Corporation or applicable state proof of corporation. 7. The Parks Superintendent or his designee reserves the right to cancel the event if the fees are not paid in accordance with the schedule and the application is incomplete. Alachua County Fairgrounds General Rules In the following information, the Alachua County Fairgrounds will be referred to as the Fairgrounds. The Alachua County Parks and Recreation Department will be referred to as Parks. The Alachua County Sheriff s Office will be referred to as Sheriff and the Alachua County Fire Marshal will be referred to as Fire Marshal. The applicant will be referred to as the User Group. The Alachua County Fairgrounds operates under the management of the Alachua County Parks and Recreation Department and direction of the Alachua County Board of County Commissioners. Completed applications are required for all uses of the Fairgrounds. Special Conditions Facility fees will be reduced by 50% for municipalities within Alachua County. Facility fees will be waived for municipal public safety agencies within Alachua County. Facility fees will be reduced 25% for nonprofit corporations The Fairgrounds shall be made available for a period of four (4) consecutive weeks for use by the Alachua County Youth Fair with no rental charge. The four-week period set out herein shall be determined by the Parks Superintendent or designee communicating with the Director of the Alachua County Agricultural Extension Service to ascertain the precise dates when the Fairgrounds are to be made available. Any expenses for the utilities associated with the Alachua County Youth Fair shall be paid by the Alachua County Youth Fair. The Fairgrounds shall be made available for a period of four (4) consecutive weeks for use by a State approved non-profit Fair Association to operate the Alachua County Fair. The period set out herein shall be determined by the Parks Superintendent or designee communicating with the Fair Association to ascertain the precise dates when the Fairgrounds may be made available. Amplified sound may be allowed on one Friday night until 1:00 AM Saturday morning for a Midnight Madness event. The Fairgrounds may be made available to a state approved non-profit Fair Association or other non-profit agency to operate a campground during the Gatornationals. The camping period shall be determined by the Alachua County Parks and Recreation Department communicating with the Fair Association or non-profit agency to ascertain the precise dates when the Fairgrounds may be made available. The rental charge for the Fairgrounds shall be 10% of the net revenue. The Fair Association or non-profit agency shall make available to the County any and all financial information needed to ascertain the gross and net revenue from the campground operations. Non-reserved recurring activities are activities that occur on a regular weekly or monthly basis. These activities are not open to the general public but are for the User Group members renting the facility. The fairground facilities under this arrangement are not reserved by the User Group renting the facilities but made available to the User group on an as available basis. Unless a User Group has secured the entire facility, there may be times when multiple events are scheduled on the Fairgrounds. The County reserves the right to schedule multiple events without compensation to involved parties. Page 2

4 No modifications to existing grounds, buildings, or equipment will be made without prior written approval of Parks. If prior approval has been given for such modifications, any and all modifications will be returned to its original or better condition. Any member of the County or other government agency representative may move in, out, on, or about the entire facility while conducting his or her official duties. User Group shall adhere to all signs and postings i.e. No Parking, No Smoking, etc. TERMS AND CONDITIONS for FAIRGROUNDS BOOKINGS Additional Charges (Charged to Security Deposit) 1. $ Keys and locks are not returned or damaged. 2. $ Lights and fans are left on. 3. $300 minimum --- Building or grounds are not cleaned up after an event. 4. $200 minimum ---- Bathrooms are not cleaned up after an event. 5. If the cleanup extends past the rental date or there is damage or additional cleanup is needed Parks will use the Security Deposit to cover the costs and refund the balance after the necessary repairs or cleanup has been made. 6. If a repair goes beyond the Security Deposit the User Group will be responsible for payment to Parks. 7. If any equipment, trailers, dumpsters, port-a-potties etc. are left on the grounds beyond the rental date Parks will charge an additional ½ day charge for each additional day the grounds or facility is used. This applies to all User Groups. Alcohol 1. Alcoholic beverages will be permitted on the Fairground s property with the proper licensing; proof thereof and prior approval by Parks and the Sheriff. 2. User groups may utilize banners, signage or advertisement of companies that sell or endorse alcoholic products within the fairgrounds property. Amplified Sound 1. No amplified sound is permitted between Midnight and 7:00 AM except as noted in Special Conditions. 2. Alachua County reserves the right to charge the User Group their Security Deposit for any violation of this City Ordinance (Chapter 15 - Noise.) Animals 1. Non-human primates are prohibited at the Fairgrounds. 2. User Group shall provide a list of all mammals, fish, amphibians, reptiles and birds (collectively the animals ) that will be at the Fairgrounds to the Alachua County Parks and Recreation Division and Alachua County Animal Services no later than four weeks prior to the beginning of the event. Notice shall be ed to both acparks@alachuacounty.us and animals@alachuacounty.us. 3. User Group shall maintain a list of the names, addresses and telephone number of all persons owning or possessing the animals on the premises. 4. User Group is responsible for any damage, injury or loss caused by the animals. 5. User Group shall remove all animal waste from the Fairgrounds. Banners, Signs and Advertising 1. Signage, banners, and advertisement to be placed at the entrance to the Fairgrounds or along adjacent public roads must be approved by Alachua County and the City of Gainesville. If signage, banners, and advertisements are to be placed in the adjacent road right-of-way approval by the Florida Department of Transportation is required. 2. Any signage pertaining to the event that will be placed in the unincorporated areas of Alachua County must first be approved through Alachua County Growth Management. 3. Contact any municipality within Alachua County within which signage pertaining to the event will be placed for its approval and/or permit process. The Alachua County Fairgrounds is located in the City of Page 3

5 Gainesville. Signage placed on the actual Fairgrounds must be approved and/or permitted by the City of Gainesville. 4. Bandit signs are not lawful anywhere within the unincorporated areas of Alachua County or any of its municipalities. Should bandit signs pertaining to the event be placed anywhere within such areas, the County reserves the right to deny, cancel or delay the event without refund, damages or restitution to the applicant. 5. Copies of all proposed advertising and promotional material must be submitted to the County at least two weeks prior to the event Equipment Storage 1. Due to a limited amount of storage space, no equipment, supplies or any items belonging to a User Group will be stored at the Fairgrounds. 2. If such items are left at the Fairgrounds the County shall dispose of these items without restitution to the owner(s) of disposed items Improvements 1. No permanent improvements may be made to the property without prior approval by Parks. 2. Any improvement made permanent becomes the property of Alachua County and shall be utilized or maintained at their discretion. 3. No electrical wiring is to be done on the Fairgrounds without prior written permission of Parks. 4. Cutting of trees and branches is prohibited Insurance 1. User Group shall follow all insurance requirements as set forth under Insurance Requirements as part of this document. 2. User Group shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the User Group s operation and use of the licensed premises. The cost of such insurance shall be borne by the User Group. Permits, Licenses and Inspections 1. The User Group is responsible for complying with all applicable cities, county, state and federal laws and regulations that apply to the specific activity of the User Group. 2. Any and all required permits, licenses, and inspections for any event will be the sole responsibility of the User Group. The County reserves the right to deny, cancel or delay any event that does not obtain the proper permits, licenses or inspections. Pre-Event Setup and Post-Event Cleanup 1. Upon execution of the License/Lease Agreement the User Group will contact Parks to schedule a walkthrough of the Fairgrounds and arrange access for the scheduled event. The User Group shall do a pre-event walk through inspection with Parks staff. 2. The User Group is responsible for their pre-event setup. It is not the responsibility of Parks staff to direct, conduct, manage, or set-up for User Group s scheduled event. 3. The User Group shall do a post event walk through inspection with Parks staff. The User Group is responsible for their post-event breakdown. It is not the responsibility of Parks staff to direct, conduct, manage, or breakdown for User Group. 4. It is the responsibility of the User Group to provide trash bins, dumpsters and port-a-potties for their event. User Group is responsible for the payment of these services. 5. It is the responsibility of the User Group to collect trash and clean all areas used during the scheduled event. 6. It is the responsibility of the User Group to have all equipment, dumpsters, trailers etc. removed by the end of their License/Lease period. The User Group will be charged for any cleaning required by Parks staff. No cleaning equipment or supplies are provided to User Groups. The Alachua County Board of County Commissioners will not be responsible for any equipment, displays, personal items or any other items lost or damaged due to fire, theft or any other causes for loss. Page 4

6 7. The User Group will return the Fairgrounds and its facilities to Parks under the same or better condition than received. By the end of the day of the scheduled event (rental period) all clean-up of facilities must be completed. 8. If there is damage, additional cleanup is needed or equipment is left at the Fairgrounds Parks reserves the right to use the User Group s security deposit to make repairs, clean up the Fairgrounds or charge additional fees. 9. Daily the User Group must empty trash cans, replace with new trash liners and remove all trash from the Fairgrounds Restrooms 1. The User Group will hire or appoint a restroom attendant to insure the restrooms are cleaned daily and provide the necessary bathroom items (toilet paper, hand soap, hand towels) for the duration of the event. 2. No supplies or services are provided by Parks. Refunds 1. All fees charged by any city, county or state entity are not refunded by Parks. 2. Parks reserves the right to cancel any License/Lease Agreement prior to the event. Refunds of fees will be based on circumstances. The User Group will receive a refund of the Security Deposit. 3. The User Group may cancel the event upon written notice to the Parks Department. The User Group will receive a refund of the Security Deposit. 4. Parks, Sheriff and Fire Marshal or other appropriate government agency representative in the performance of their duties are authorized to shut down the event for public safety purposes, violation of building or health codes, failure to obtain required permits, violation of permits, or the description of the event in the application was not accurately described or was misrepresented. Security, Parking, Rescue and First Aid 1. The Licensee will be required to submit a parking and security plan when it is determined by the Sheriff to be in the best interest of the public. 2. User Group must submit a scaled drawing of the floor plan for the auditorium upon rental of the auditorium. 3 User Group must submit a scaled drawing of the fairgrounds site plan upon rental of the grounds. 4. The plans should include but not be limited to showing all proposed uses for different areas, where equipment, tables, partitions, stages, tents, etc., will be located and other details as necessary to evaluate the safety and security needs. 5. An emergency response rescue unit may be required as deemed necessary by the Sheriff or Fire Marshal for safety purposes. The User Group shall be responsible for all costs of the unit. 6. There is NO SMOKING inside the Auditorium or the Pole Barn 7 Discharge of firearms is prohibited Page 5

7 BUILDING ONLY Daily Rate $ Weekday Rate $ Weekend Rate (Saturday and Sunday) $1, GROUNDS AND POLE BARN Daily Rate $ Weekday Rate $ Weekend Rate (Saturday and Sunday) $1, BUILDING AND GROUNDS: Daily Rate $1, Weekday Rate $ Weekend Rate (Saturday and Sunday) $2, PARKING LOT ONLY: Daily Rate $ Weekday Rate $ NON-RESERVED Recurring activity $15.00 per hour per area SECURITY DEPOSIT (PER EVENT): Class I $1, Class II $2, Class III $5, CLEAN UP BY PARKS PERSONNEL: Hourly Rate Fee FAIRGROUNDS FEE SCHEDULE ADDITIONAL FEES: Other agencies such as the Sheriff, City of Gainesville, Fire Marshal and others may require payment of additional fees for permits, inspections, security, and other activities based on the size and complexity of the proposed event. Sales Tax will be charged on all rentals. NOTE: Any building rentals that use the grounds for vendors, camping, etc. will be charged for both building and grounds according to the fee schedule. Page 6

8 INSURANCE REQUIREMENTS Alachua County Fairgrounds Licensee s Insurance Licensee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee s operation and use of the licensed premises. The cost of such insurance shall be borne by the Licensee. COMMERCIAL GENERAL LIABILITY Coverage must be afforded under a per occurrence form policy for limits not less than $1,000,000 General Aggregate, $1,000,000 Products / Completed Operations Aggregate, $1,000,000 Personal and Advertising Injury Liability, $1,000,000 each occurrence, $100,000 Fire Damage Liability and $5,000 Medical Expense. AUTOMOBILE LIABILITY (While Operating Vehicles on County Owned Property) Coverage must be afforded including coverage for all owned vehicles, hired and non-owned vehicles for Bodily Injury and Property Damage of not less than $1,000,000 combined single limit each accident. WORKERS COMPENSATION AND EMPLOYER S LIABILITY (While on County owned Property) Coverage to apply for all employees at STATUTORY Limits in compliance with applicable state and federal laws; if any operations are to be undertaken on or about navigable waters, coverage must be included for the USA Longshoremen & Harbor Workers Act. Employer s Liability limits for not less than $100,000 each accident; $500,000 disease policy limit and $100,000 disease each employee must be included. OR: As an independent contractor outside the construction industry with fewer than four employees choosing not to secure worker s compensation coverage under the Florida Workers Compensation Act, the Licensee may choose to post clear written notice in a conspicuous location accessible to all employees telling employees and others of their lack of entitlement to work s compensation benefits. LIQUOR LIABILITY (While on County owned Property) Coverage must be afforded when a licensee, vendor, concessionaire, independent contractor, or subcontractor is engaged in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages while on County property. Coverage must be afforded for Bodily Injury and Property Damage of not less than $1,000,000 Combined Single Limit each occurrence. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: I. Commercial General Liability Coverage a. The Alachua County Board of County Commissioners, its officials, employees and volunteers are to be covered as an Additional Insured as respects: Liability arising out of activities performed by or on behalf of the Licensee and premises owned, leased or used by the Licensee. b. The Licensee s insurance coverage shall be primary insurance as respects the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be excess of Licensee s insurance and shall be non-contributory II. Workers Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the County, its officials, employees and volunteers for losses arising from work performed by the Licensee for the County. III. All Coverage The Licensee shall provide a Certificate of Insurance to the County with a Thirty (30) day notice of cancellation. The certificate shall indicate if cover is provided under a claims made or per occurrence form. If any cover is provided under claims made form the certificate will show a retroactive date, which should be the same date of the contract (original if contact is renewed) or prior. Page 7

9 SUBCONTRACTORS, VENDORS, CONCESSIONAIRES Licensee shall include all subcontractors as insured under its policies. All coverage for subcontractors, vendors, concessionaires and independent contractors shall be subject to all of the requirements stated herein. Certificate Holder: Alachua County Board of County Commissioners Risk Management 12 SE 1 st Street, 3 rd Floor Gainesville, FL INSURANCE REQUIREMENTS Alachua County Fairgrounds Self-Insured Governmental Entities And / Or Fully Insured Entities Entity shall provide evidence that it has in place a program of self-insurance pursuant to Florida Statutes Sections , and That the self-insurance program provides coverage for claims which emanate from Automobile Physical Damage and Public Liability incidents arising from Automobile Liability (both Bodily Injury and Property Damage), Commercial General Liability, and Workers Compensation with a limit of liability not to exceed $300,000 per accident. OR Entity shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the entity, his agents, representatives, employees or subcontractors. COMMERCIAL GENERAL LIABILITY Coverage must be afforded under a per occurrence form policy for limits not less than $1,000,000 General Aggregate, $1,000,0000 Products / Completed Operations Aggregate, $1,000,000 Personal and Advertising Injury Liability, $1,000,000 each Occurrence, $50,000 Fire Damage Liability and $5,000 Medical Expense. AUTOMOBILE LIABILITY Coverage must be afforded including coverage for all Owned vehicles; hired and Non-Owned vehicles for Bodily Injury and Property Damage of not less than $1,000,000 Combined Single limit each accident. WORKERS COMPENSATION AND EMPLOYER LIABILITY Coverage to apply for all employees at STATUTORY Limits in compliance with applicable state and federal laws; if any operations are to be undertaken on or about navigable waters, coverage must be included for the USA Longshoremen & Harbor Workers Act. Employer s Liability limits for not less than $100,000 each accident; $500,000 disease policy limit and $100,000 disease each employee must be included. OTHER PROVISIONS Indemnification Clause: Each party agrees that it shall be solely responsible for the negligent acts or omissions of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitation set forth in Section , Florida Statutes. Page 8

10 Affidavit Licensees not meeting the definitions of Employment under Florida s Workers Compensation Statute (b) 2 I hereby certify that as an employer outside the construction industry with fewer than four (4) employees, I understand and acknowledge that by choosing not to purchase Worker s Compensation and Employers Liability Insurance as permitted by Florida Statute , Waiver of Exemption, I assume liability under Common Law Tort Liability for injuries sustained by my employees while working within the scope of their employment. I also agree, to the maximum extent permitted by Florida Law, I shall indemnify, save and hold harmless Alachua County and all of its agents and employees of and from all claims, demands, actions or causes of action of whatsoever nature or character, to include workers compensation action over claims arising out of, or by reason of, the use of the County Fairgrounds. I further agree to defend, at my sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim or whatsoever arising hereunder. The terms and provision of this paragraph shall survive the termination of this Agreement subject to applicable statutes of limitations. Signature of Licensee By: Print: Title: NOTICE OF ELECTION TO BE EXEMPT STATE OF FLORIDA The Florida Division of Workers' Compensation (Division) is pleased to offer this online service that allows you to submit your Notice of Election to be Exempt. With this online system, you can apply for or renew an exemption, modify your application, and print your Certificate. The construction industry exemption processing fee of $50 plus a service fee of $1 must be made by Visa, MasterCard (prepaid cards are acceptable), or from a business or personal checking or savings bank account. The user must agree to the terms and conditions when applying for or renewing an exemption. The Division is the sole authority responsible for processing and approving workers' compensation exemption applications. Applications submitted after 5:30 PM will be received by the Division the next business day. The Division has 30 days from the date the Notice of Election to be Exempt is received to review and determine your eligibility to be exempt. Certificate holders are required to print their Certificate of Election to be Exempt. To print your Certificate, click on the button below ("Print your Certificate of Election to be Exempt"). If you are unable to print your Certificate, please contact the Division's Customer Service Office at Note: Your computer must utilize Internet Explorer 8 or higher and you must turn off Pop-up blockers and install Adobe Reader. If you have any questions, contact the Division's Customer Service Office at , option 2, toll , option 3, or at wc_exemption@myfloridacfo.com. Page 9

11 AUDITORIUM FLOOR PLAN Provide measurements of stages, seating areas, aisles, and other use areas Page 10

12 SITE PLAN (Not to Scale) Page 11

13 THE ALACHUA COUNTY FAIRGROUNDS CONTACT LIST Parks Kim Carter, Senior Staff Assistant Vernest LeGree, Superintendent of Parks 5620 NW 120 th Lane 5620 NW 120 th Lane Gainesville FL Gainesville FL Phone: Phone: Fax: Fax: Fire Marshal Mark V. Smith, Fire Marshal Brian Green, Fire Marshal 911 SE 5 th Street 911 SE 5 th Street Gainesville FL Gainesville FL Phone: Phone: Fax: Fax: mvsmith@alachuacounty.us bgreen@alachuacounty.us Sheriff s Office Lt. Bella Blizzard Giselle Honeycutt; Extra Duty Coordinator P O Box 5489 P. O. Box 5489 Gainesville, FL Gainesville, FL Phone: Phone: Fax: Fax: bblizzard@alachuasheriff.org ghoneycu@alachuasheriff.org City of Gainesville Codes Enforcement Building Department 306 NE 6 th Avenue 302 NE 6 th Avenue Thomas Center B Room 130 Thomas Center B: Gainesville FL Gainesville FL Phone: Phone: Fax Fax: codes@cityofgainesville.org bldg.@cityofgainesville.org Page 12

14 SAMPLE LICENSE AGREEMENT FOR USE OF ALACHUA COUNTY FAIRGROUNDS THIS LICENSE AGREEMENT, made and entered into this day of 20, by and between Alachua County, a charter county and political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as County, and ( Licensee ); WITNESSETH: WHEREAS, Licensee is a Corporation headquartered in the State of doing business at and and WHEREAS, Licensee desires to utilize all or a portion of the Alachua County Fairgrounds ( Fairgrounds ); and WHEREAS, the County finds that this event is consistent with the allowable uses outlined for the Fairgrounds; and WHEREAS, the parties hereto desire to enter into a license agreement to establish rights and obligations with regard to the use of the Fairgrounds: NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto do mutually covenant and agree as follows: 1. Effective Date. This license agreement shall be effective for dates and times as outlined in Exhibit A, Fairgrounds Application, until revoked as provided for herein. 2. Property. This license agreement is for the use of the property located at 3100 NE 39 th Avenue, Gainesville FL Use of Property. Licensee agrees to use the property exclusively for the activities outlined in Exhibit A Fairgrounds Application, and in accordance with applicable requirements of Exhibit B, General Rules and Terms and Conditions of Fairgrounds Use. 4. Payment. Licensee agrees to pay the County the sum of $ as a license fee for the privilege of using the property; and, a Security Deposit in the sum of $. a. fifty percent of the fees plus $90.00 for the Fire Marshal s fee is non-refundable and is due upon submittal of the application. b. the event will be denied if payment of the required fees is not received four weeks prior to the date of the event. 5. Grant. The County grants to Licensee the right to access and utilize the Property for the purposes set forth in Exhibit A, Fairgrounds Application. 6. Restrictions. Licensee shall adhere to the Alachua County Fairgrounds General Rules and Terms and Conditions of Fairgrounds Use as listed in Exhibit B. Licensee understands that amplified sound is specifically prohibited between 12:00 midnight and 7:00 a.m. except as noted in Special Conditions. Licensee understands that violation of this provision may cause forfeiture of his/her deposit, termination of this license, denial of future applications, and subject to civil or criminal penalties in accordance with local law. Page 13

15 7. Right of Assignment. Licensee shall not have the right to assign this license agreement without the written consent of the County. 8. Notices. All notices shall be in writing and sent to the County: Alachua County Parks and Recreation Department 5620 NW 120 th Lane Gainesville, Florida and to: A copy of any notice hereunder shall also be sent to: Clerk of the Court Office of Management and Budget Alachua County Florida 105 SE 1 st Avenue, Suite East University Avenue AND TO Gainesville, FL Gainesville, Florida Attn: Contracts Attn: Finance and Accounting 9. Indemnification. Licensee shall indemnify, save harmless and defend the County and all its agents, officials and employees from any and all claims, demands, actions or causes of action of every description brought against the County that arise from or in connection with the execution, performance, or exercise of any rights, privileges, or uses allowed or granted in this license agreement. In the event the County is alleged to be liable on account of alleged acts or omissions, or both, of Licensee, its subcontractors, agents, or invitees, then Licensee will defend such allegations through counsel chosen by the County. Furthermore, Licensee will pay all costs, fees and expenses of any defense, including but not limited to, all attorney s fees and expenses, court costs, and expert witness fees and expenses. This indemnification provision will survive the termination of this license agreement. 10. Insurance. The Licensee will procure and maintain insurance throughout the entire term of this agreement of the types and in the minimum amounts detailed in License Insurance Requirements under General Terms and Conditions of Fairgrounds Use as described in Exhibit B. 11. Termination. a). This License Agreement may be revoked at any time by the Parks Superintendent or his designee. Under no circumstances shall Alachua County or the Alachua County Sheriff be liable for any damages resulting from the termination of this License Agreement. The maximum liability of Alachua County or of the Alachua County Sheriff shall be the amount of the application fee. b). Events displaying or utilizing animals are subject to approval or rejection by the Board of County Commissioners. 12. Permits. The Licensee will obtain and pay for all necessary permits, permit application fees, licenses or any fees required including building permits for temporary structures and tents. 13. Laws & Regulations. Licensee will comply with all laws, ordinances, regulations, and building code requirements applicable to the work required by this agreement. Licensee is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work outlined in this agreement. If Licensee is not familiar with state Page 14

16 and local laws, ordinances, code rules and regulations, Licensee remains liable for any violation and all subsequent damages or fines. 14. Third Party Beneficiaries. This agreement does not create any relationship with, or any rights in favor of, any third party. 15. Conflicts of Interest. Licensee warrants that neither it nor any of its employees have any financial or personal interest that conflicts with the execution of this agreement. Licensee shall notify the County of any conflict of interest due to any other clients, contracts or property interest. 16. Severability Clause. This agreement does not create any relationship with or any rights in favor of any third party. If any provision of this agreement is declared void by court of law, all other provisions will remain in full force and effect. 17. Non Waiver - The failure of any party to exercise any right in this agreement shall not be considered a waiver of such right. 18. Governing Law and Venue. This agreement is governed in accordance with the laws of the State of Florida. Venue is in Alachua County. 19. Amendments. The parties may amend this agreement only by mutual written agreement of the parties. 20. Attachments. All exhibits attached to this Agreement are incorporated into and made part of this Agreement by reference. 21. Entire Agreement. This agreement constitutes the entire agreement and supersedes all prior written or oral agreements, understandings, or representations. Page 15

17 IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed for the uses and purposes therein expressed on the day and year first above-written. WITNESS: ALACHUA COUNTY, FLORIDA By: Dr. Lee A. Niblock County Manager APROVED AS TO FORM Alachua County Attorney LICENSEE By: Print: NOTARY Title: Dated this day of, 20. SWORN TO AND SUBSCRIBED BEFORE ME THIS day of, 20, By personally known to me/produced, who is as identification. Notary Public, State of Florida at Large My Commission expires Page 16

18 : Alachua County Fairgrounds Public Safety Pre-Application Meeting Checklist The information requested in this pre-application checklist must be completed to the best of your ability prior to applying for use of the Alachua County Fairgrounds. This document will serve as evidence that you have discussed with both the Alachua County Sheriff s Office and Alachua County Fire Rescue Department public safety concerns as they relate to your event at the fairgrounds. You will be required to provide responses to the questions below as part of our process. Any additional concerns addressed will be documented on the reverse side of this form. 1. What is the event title? 2. What part(s) of the Fairgrounds will be utilized for this event? Exhibition building? Pole Barn? Grounds? The different parts of use for the fairgrounds have different and unique issues that need to be addressed. 3. Do you have the grounds and facility site plans and do they include the details for your event? 4. How many people are expected to be in attendance? 5. How many staff will be on site? Does this figure include security personnel and will any of them be armed personnel? Any security personnel carrying weapons on the premises will need to show proof of licensing and/or concealed carry credentials. This must be approved by law enforcement. 6. How many staff will be crowd manager trained and certified? 7. Do you have a prepared security plan? The security plan should include security inside the exhibition building, on the grounds, in the parking areas and anywhere money is handled. 8. Will food be served? Will food be prepared on site? Are concessions trailers being used? Will propane be used for cooking? Food prepared off site and only sold/distributed during the event poses less issue. Food being cooked under tents may be prohibited depending on the cooking appliance. Food cannot be sold or distributed under the same tent it is cooked under. Food cooked in food vending trailers will be required to be equipped with appropriate built-in fire protection. 9. Will tents be used for this event? How many? What size(s)? Tents will be required to be permitted and inspected. 10. Will there be a stage? Provide details. The stage structural details are important for stability and accessibility and will need to be submitted with an engineering schematic and inspected (the larger the stage the more important). 11. If there is a stage, will there be stage lighting? Provide details. The stage lighting support structure detail will need to be submitted. 12. Will there be pyrotechnics involved? Pyrotechnics will need to be approved by the Fire Marshal and a plan of action will need to be in place for detonation and emergencies. A sample of the pyrotechnics will need to be fired for the Fire Marshal prior to approval. Page 17

19 13. Will there be animals involved? What animals? How many (of each)? Describe in detail how the animals will be displayed or the events that they will participate in. 14. Do you have an Emergency Plan for inclement/severe weather, including but not limited to lightning, wind, etc.? Any additional concerns addressed will be documented below. Applicant Name (Print) Applicant Signature Date ACFR Representative ACSO Representative OFFICE USE ONLY Approved by ACSO Date: Approved by ACFR Date: Page 18