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Home My WebLink About2025 AgreementJOINT SPECIAL EVENT AGREEMENT THIS AGREEMENT entered in this ; $ day of, , 2025 between the CITY OF SEBASTIAN, a Florida municipal corporation (herein er ca led "CITY"), and the Sebastian Clambake Foundation, Inc. a Florida not for profit corporation (hereinafter called "FOUNDATION"), provides that: WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the Winter, Spring, and Summer of each year; and WHEREAS, it is desirable that the CITY host a Fall Festival; and WHEREAS, the FOUNDATION is incorporated for organizing a festival to be known as "The Sebastian Clambake Lagoon Festival" (hereinafter called "Clambake") in celebration of the unique aspects of life along the Indian River Lagoon, to be held each year in the Fall; and WHEREAS, the CITY and FOUNDATION desire that said celebration be centered around CITY'S Riverview Park complex; and THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises herein, the sufficiency of which is hereby acknowledged by the parties, it is hereby agreed: 1. The CITY agrees to sponsor the FOUNDATION'S Clambake for the years 2025 through 2030 as set forth herein. 2. This Agreement shall terminate on December 1, 2030. 3. The FOUNDATION Committee, with minimal assistance of the City, shall organize and administer all activities and events for said special event, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, City of Sebastian Fire Marshall, Indian River County Fire Rescue and Indian River County Health Department. 4. Clambake shall entail, at a minimum: live musical entertainment, a festival in Riverview Park with food and non-alcoholic beverages, and beer and/or wine sales in accordance with Florida Statute §561.422. In the case of park renovations, the city and the foundation will work together to mitioate anv disruptions due to renovations. 5. The event operational plan must be approved by the City Council if the FOUNDATION makes any substantial changes to the event or site plan. Planning/organizational meetings shall take place each year with staff designated by the City Manager. 6. The event shall take place over a two or three-day period occurring on a date mutually agreeable to both parties, targeted annually for the second weekend In November. 7. CITY shall further provide the City Manager with authority to open and close affected streets and rights -of -way in the vicinity of Riverview Paris to potentially include: Indian River Drive, Sebastian Blvd, Harrison Street and the Yacht Club boat ramp during the course of the two or three-day festival at his sole discretion. 8. Except as specifically set forth herein, the FOUNDATION shall have all financial responsibility for funding Clambake. It is recognized that Clambake is Intended to be a fund-raiser for local charitable and public -purpose projects and that, towards these purposes the FOUNDATION may be compensated by vendors and others for use of the rights -of -way and park areas subject to this Agreement. So long as its non-profit status is maintained, the FOUNDATION shall control disbursement of all proceeds of Clambake in accordance with the requirements of Florida Law and the Rules of the festival. 9. within 60 days after conclusion of the event, FOUNDATION shall provide a final accounting in accordance with generally accepted practices. City shall reimburse FOUNDATION up to $5,000 towards the costs of entertainment, administrative and miscellaneous expenses. Any amount over $5,000 shall be the financial obligation of the FOUNDATION. 10. FOUNDATION shall have the usage of the CITY's band shell during Clambake as long as it is available and in working condition or when a permanent structure is available. CITY shall also provide the usage of two golf carts for the FOUNDATION's usage during the event for waste removal and cleanup. 11.The CITY shall assign law enforcement personnel as deemed necessary by the Chief of Police, throughout the event, including at a minimum one officer (either a sworn officer or a member of the departments volunteer unit) who shall be specifically assigned to duty at the Riverview Park complex for security overnight on Friday and Saturday evenings of the event. The Police Department shall only provide a close patrol on Thursday evening of the event. 12. CITY shall provide minimal personnel to handle road closures and event troubleshooting duties to include at least one CITY employee on -site during the duration of the event. FOUNDATION will be responsible for all disposal of waste during and after event in dumpsters provided by CITY in close proximity to the park. 13. CITY shall provide all electric and water utilities as needed by Clambake. CITY will provide additional portable restroom facilities deemed necessary for the event. 14. CITY shall publicize the event through its newsletter, governmental access channel, public signage, website, social media and all other available CITY information outlets. 15. CITY shall be accorded the highest level of sponsorship for the festival and shall receive the publicity and recognition granted any others of that status. 16. FOUNDATION agrees to indemnify, defend, insure and hold CITY harmless from any and all claims of any nature, personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by FOUNDATION, its agents, employees, patrons and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be 2 construed as the City waiving its immunity pursuant to 768.28, et se_q., Florida Statues, or any other sovereign or governmental immunity. AGREED to on the date first set forth above. ATTEST: jm�-nette Williams, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: JJVer Cockcroft City Attorney CITY OF SEBASTIAN A Municipal Corporation Brian Benton City Manager SEBASTIAN CLAM BAKE FOUNDATION, INC. �� President Print Name: k/ z U /L -'r-20 � ,+ - - � .. _ , � _ • \� t _ j �:' �, - .. / - / , _ ..f. - • ' •� �� a � • � � •� � � 1 � l►.� � cto. � ., w' 1 . e . � err/.. �;