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Home My WebLink AboutCity of Tamarac Resolution R-93-1272 3 1 5 i Temp. Reso . # 6561 REVISED: 10/13/93 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--93 r�'7 A RESOLUTION OF THE CITY OF TAMARAC GRANTING APPROVAL OF THE USE OF PROPERTY LOCATED AT THE SOUTH EAST CORNER OF'UNIVERSITY DRIVE AND N.W. 64 STREET, FOR A PUMPKIN SALE TO BE SPONSORED BY HART-T-TREE FARM/ JOHN CHEFAS FROM, WEDNESDAY, OCTOBER 13, 1993, TO SUNDAY, OCTOBER 31, 1993; AND FOR A HOLIDAY TREE SALE TO BE SPONSORED BY HART-T-TREE FARM/JOHN CHEFAS FROM THRUSDAY, NOVEMBER 25, 1993 TO SATURDAY, DECEMBER 25, 1993; PRO- VIDING THAT SUCH APPROVAL IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT AND OBTAINING THE REQUIRED PERMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac as received a request from the Hart-T--Tree Farm/John Chefas to conduct a Pumpkin Sale on Wednesday, October 13, through Sunday, October 31, 1993, on vacant property located at the South East corner of University Drive and N.W. 64 Street, as identified on Exhibit "A" attached hereto; and WHEREAS, the City of Tamarac has received a request from the Hart-T-Tree Farm/John Chefas to conduct a Holiday Tree Sale on Thursday, November 25, through Saturday, December 25, 1993 on vacant property located at the South East corner of University Drive and N.W. 64 Street, as identified on Exhibit "A: attached hereto; and WHEREAS, the Hart-T-Tree Farm/John Chefas agree to hold the City harmless of any claims whatsoever arising from the location, construction, installation and operation of a Pumpkin Sale and Holiday Tree Sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : That the granting of the approval for the Hart-T-Tree Farm/John Chefas to conduct a Pumpkin Sale and Holiday Tree Sale is herein contingent upon the City - receiving an executed Hold Harmless Agreement from Hart T Tree Farm/John Chefas for any claim or act which may arise as a result of the activities permitted by this Resolution. CODING: WORDS IN STRUCK THROUGH TYPE ARE DELETIONS FROM LAW; WORDS IN UNDERSCORED TYPE ARE ADDITIONS. 1 35 SECTION 2 : That the City Council authorized the Hart- T-Tree Farm/John Chefas to sell pumpkins on Wednesday, October 13, through Sunday, October 31, 1993. In no event shall the Pumpkin Sale extend beyond October 31, 1992. SECTION 3 That the City Council authorized the Hart- T-Tree Farm/John Chefas to sell Holiday Trees on Thursday, November 25, through Saturday, December 25, 1993. In no event shall the Holiday Tree Sale extend beyond December 25, 1&*1*M SECTION 4 : That proper insurance coverage be provided to the City in connection with the operation of the Pumpkin Sale and Holiday Tree Sale, as shown in Exhibit "S". SECTION 5 That clean-up of the property is to be provided by the Hart T-Tree Farm/John Chefas and shall be continuous during the Pumpkin Sale, Wednesday, October 13, through Sunday, October 31, 1993; and continuous during the Holiday Tree Sale, Thursday, November 25, through Sunday, December 25, 1993. SECTION 6 That the Hart-T-Tree Farm/John Chefas agrees that access to its Pumpkin Sale site and Holiday Tree Sale site shall be limited to North West 64 Street and that such access and internal traffic flow shall be consistent with the plan attached hereto as Exhibit "C". SECTION 7 : That the granting of City approval for the Pumpkin Sale and Holiday Tree Sale is subject to the Hart-T-- Tree Farm/John Chefas obtaining all appropriate permits, inspections and licenses required in the operation of the Pumpkin Sale and Holiday Tree Sale and paying the required fees. CODING: WORDS' IN STRUCK THROUGH TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORED TYPE ARE ADDITIONS. Pa SECTION 8 : This Resolution shall become effective immediately upon its passage. PASbED, ADOPTED AND APPROVED this 1J�adayf1993. ATTEST: C%ROL-A.-EVA—NS CITY CLERK I HEREBY CERTIFY that I ave af oved this Resolut n as o r ti MAYOR DIST 1: DIST. 2: MITCH LL FT DIST.3: CITY ATTMNEY INST. 4: HOLIDAYTREES/JY RECORD OF COUNCIL CODING: WORDS IN STRUCK THROUGH TYPE ARE DELETIONS FROM EXISTING LAW; WORDS IN UNDERSCORED TYPE ARE ADDITIONS. 3 Ll INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the ��'' dayof 1993, is made by and between the City of Tamarac, a municipal corporation, (hereinafter "CITY"), and J2. 0 '� C�e7 (hereinafter " 22 Cfi�S " ) .4/�../* T'Te9 ��r�s VC. WITNESSETH WHEREAS, CHEFAS / HART-T-TREE -FARMS and WHEREAS, the City Council of the City of Tamarac has determined that the execution of this Indemnification and Hold Harmless Agreement is in the public interest. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration received from CHEFAS and in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1: That CHEFAS shall indemnify, hold the CITY harmless and defend the CITY from any and all claims, causes of action, damages, costs, expenses and attorney fees which the CITY shall suffer by virtue of the defense of, or response to, any claim being made against it in connection with PUMPKIN AND TREE SALE section 2. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Section 3: This Hold Harmless Agreement is in addition to any other Agreement entered into by the parties and supplements other Hold Harmless Agreements entered into by the parties. Section 4: CHEFAS shall provide the City's Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. 1 0 0 9 U I I"Y Ut I Hf1HKHU hHK NU, 1JUb(e424bJ V UL ,,C-9 3-'017 ATTEST, HART-T-TREE FARMS By: Corporate Secretary (Corporate Seal) By: J n 2c-hofas Individually STATE OF FLORIDA OCUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the e aforesaid nd I the aunty aforesaid to take acknowledgments, personally appeared to me kn n to be the person($) described i n who exec ed a foregoing instrument and-nowledged before me and tler oath th ecuted the same. r WITNESS my hand and official -seal this/-3-6eday of Y3 1 My &TATE OF Ff.oaloxi *QN090 "MV "'°"""4.1'�+ oFrlda �13 State of at Large W& 0 0 llYl (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or Produced identification VJ Type of I.D. Produced DID take an oath, or) DID NOT take an oath. 0 vverrn TwP na ll u "3•- / ISSUE DATE (MM/DDfYY) AII��I��Is CERTI■ 1CATE F INSURANC C a X U9/17 93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I:"r2t�i;19CC�1t1�; & �itiSgC33tE, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE DOES 5726 S.R. 54 Ste. B Pnljclps BELOW, ivew Fort aiciiey, FL 34653 COMPANIES AFFORDING COVERAGE COMPANY A LETTER l enerai Ac ident .. . COMPANY 8 INSURED LETTER Jqn Cheras & LETTER COMPANY Ci hart-T-True Farms 50 Greeunaver COMPANY D LETTER Oldsmar, FL 34677 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C TYPE OF INSURANCE POLICY NUMBER L POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE S!A .... .................... ....................... is COMMERCIAL GENERAL LIABILITY 2 10/02/93 PRODUCTS-COMPfOP AGO. $ 1'W' 000 CLAIMS MADE X OCCUR. LU495 193 10/02/94 PERSONAL & ADV. INJURY S I'� OWNER'S 8 CONTRACTOR'S PROT. .y EACH OCCURRENCE S L�O �� (.1 , I FIRE DAMAGE (Any one fire) $ 5Q,Uuu f tl MED. EXPENSE (Any arts person) $ AUTOMOBILE LIABILITY I COMBINED SINGLE $ ANY AUTO t LIMIT ALL OWNED AUTOS 1i BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE —POLICY LIMIT i EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS O.C14 i8 : aur & City of Tamarac W : insCi ** AwiLlona1 Insured: l3 ixe -''pan & City of Tamarac; .Loca4l.t?11s: S. a. turner of Univers:Lty liiive & NW 64Cn St., Tamarac, FL CERTIFICATE HOLDER CANCELLATION &-uc e Egail SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .37UU +sail+ (k2a►1 jzaxe EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Ft. Laucer'GalC, >a'L 333UU" aria MAIL _j 9 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR i.�t ' r�i rTa�a>rat: / 52t i�. i . Lain iiVe. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. �.ciilli3tc►L , FL�J ]Gl AFTHRI2E)D REPRESENTATIVE ACORD 25-S 7/90 _ 1JAUUHLI UUMFUNAI IUIV 1`Vwy _ _� P BO L5 5 4 3 . — M�NAB�R0�1 IV , g.o.' ... . , .. x • "� IIA11 (el PARCEL 4- 31) '"'` ` on lot MCNAB a PLAZA PLAT "' 1 'n BELLE OF TEME OF 3-.6 TAMARA C DES 1 � b + ~ Q 0 NNfall sr �a . , � .Ma �` h U• T ' .� • W , S F R•ATCRWAr 2 .r , Y ar w a! • Y) . f r t; M F a + 16. S I / �•p 80/6 �•I - ""` irw co—jr 60 MAr/'RWAI' B —N. �,. A ;� Y• n N 4 9 c ♦ Q\ n. 1 j n w k Q or x x ^'w iJ.s Sr IIT OWNED 0 ARAC -1 4 ry o -4TA c P,Ve44 A"' '1 ,� �LIU- ST. MALACHY T "� ��, ' f " ry`� 1 R : �, M V (95-36) �, �x 11=#h. h �; v 11 K �M1 O -b so N•W. filsT -- r, s� t� M 11 .1 a (iL .1 r 45r 4br /7 SUMMIT P ROF. a �� b CANAL ° " '��f. � y COMPLEX 6 � � „ r ., rs � y �e s s. ja (101 - 29) 1 p, tap - � iT s T PARCEL � a CA