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Home My WebLink AboutCity of Tamarac Resolution R-93-034I 2 MA W7 Q 30 24 ' is 16 17 is 11) 2G 23 I Temp. Reso. #�'51 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE TAMARAC ATHLETIC FEDERATION TO SELL BEER AT THE "TOURNAMENT FOR TOMMY" ON A PORTION OF THE TAMARAC PARK LOCATED AT 7501 NO. UNIVERSITY DRIVE ON FRIDAY, APRIL 30, SATURDAY, MAY 1 AND SUNDRY, MAY 2, 1993; PROVIDING THE HOURS IN WHICH BEER MAY BE SOLD ARE LIMITED; CONTINGENT UPON APPROVAL AND THE EXECUTION OF A HOLD HARMLESS AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR WHEREAS, the Tamarac Athletic Federation wishes to sponsor a "Tournament For Tommy" to benefit the Tamarac Athletic Federation and raise funds for Tommy Van Note's radiation therapy; and WHEREAS, the City of Tamarac wishes to act as co-sponsor with the Tamarac Athletic Federation for the "Tournament For Tommy"; and WHEREAS, the Tamarac Athletic Federation wishes to acknowledge the "Tournament For Tommy" by sponsoring a concession stand to permit the consumption of alcoholic beverages provided a permit is obtained for such stand and tent; and WHEREAS, the Tamarac Athletic Federation wishes to locate the concession stand on a portion of property located at the Tamarac Park, located at 7501 No. University Drive; and WHEREAS, under Sections 3-1, 3-2, 3--3, and 3-4, of the City of Tamarac Code of Ordinances, the City has the power to regulate the consumption, sale, and location of alcoholic beverages in the City; and WHEREAS, the Tamarac Athletic Federation has requested permission to be able to sell beer at the "Tournament For Tommy", showing evidence of State approval of a 4COP License; and WHEREAS, the Tamarac Athletic Federation has agreed to hold the City harmless of any claims whatsoever arising from the a 2 Temp. Reso. # 5 3l location, sale, and operation of the concession stand for beer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: ,SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2*- That the granting of the approval for the Tamarac Athletic Federation to sell beer at the "Tournament For Tommy" is herein contingent upon the City receiving an executed Hold Harmless Agreement from the Tamarac Athletic Federation and/or beer distributor for any claim or act which may arise as a result of the activities permitted by this Resolution. SECTION_ That the City Council authorized the Tamarac Athletic Federation to sell beer on Friday, April 30, 1993, from 6:00 P.m. to 10:00 P.M., Saturday, May 1, 1993 from 6:00 P.M. to 10:00 P.M. and Sunday, May 2, 1993 from 6:00 P.M. to 10:00 P.M. In no event shall the sale of beer extend beyond the hour of 10:00 P.M. on Friday, Saturday and Sunday. SECTJQJ 40 That the Tamarac Athletic Federation agrees to limit the concession stand to a portion of property located at the Tamarac Park, located at 7501 No. University Drive; and S,,ECTION__5- That proper insurance coverage be provided to the City in connection with the operation of the concession stand. SECTION _6— That the selling of beer is subject to regulations of the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for Temporary 4COP License. SECTION 77: That the Tamarac Athletic Federation has volunteered and agreed that all net proceeds received from beer sales at the "Tournament For Tommy", minus expenses, will benefit the Tamarac Athletic Federation. 3 Temp. Reso. # (&4 'S ,SECTION 8: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: if any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 10: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this )' day of rx_o ,'j,., 1993. H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK RECORD OF COUNCIL I HEREBY CERTIFY that I DIST 1: have approved this DIS-% 2: RES UTION as to form. DIST. d: w MITCHELL S. T CITY ATTORNEY TAF-MURNA-= FOR TOMMY/rkt AGENT: BERTHOLON-ROWLAND OF ILLINOIS item 1. TP 3. l LITTLE LEAGUE GENERAL LIABILITY POLICY DECLARATIONS me lZ 079847 260 LLB NAMED INSURED ADDRESS AND LOCATION OF OPERATIONS (Number 6 Street, Town, County, State & Zip Code) LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP INC. 1�f - 1' 3 3 ATE 155UGD NEW REPLACEMENT OF ].! .',6/9_3 RENEWAL OF L..I...F,70 7416t:i:i.:. CNA r"All the(-�mh Tent. Yew M.he' INSURANCE IS PROVIDED BY Continental Casualty Company A stock insurance cor party herein called the company )ilie)17 6(" I. 1 2. POLICY PERIOD f'1-11'1MF !;i.iN . • '.. I i•tl,l ,rt.f, '•;'f'r�l'-I""T �.r,i�r....;t.{1...;:•(j i s�` ..• l !li 11'r6 F:'I IT I_ . F"I. "x::;,419 ' From: i 11 / To: 1 r 4)1 /94 A registered Little League of Little League Baseball, Inarated of Willamsport, This policy boomies effective and spires at 12:01 a.m. Pennsylvania orpoStandard Time at Your Mailing Address Shown in Item 1. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS CONTAINED HEREIN, WE AGREE WITH YOU TO PROVIDE THE INSURANCE STATED. ADDITIONAL. INSUREDS, IF ANY, AS.•RESPECTS PREMISES LOANED, DONATED OR RENTED TO THE NAMED INSURED LITTLE LEAGUE NAMED IN ITEM 1 OF THESE DECLARATIONS. SHOULD THE POLICY BE CANCELLED WITH RESPECT TO ABOVE NAMED INSURED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL MAIL. 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INSUREDS, IF ANY. r:T.T..Y CIF' 'T'-V� iARAC 1 . C'T TY ('IF*' .T'r:?MAR AC 4. 1 LIMITS OF INSURANCE COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY EACH OCCURRENCE.:.+ AGGREGATE�.•R.U�!�?.,.52�14► COVERAGE B. HIRED AUTO AND NON -OWNED AUTO LIABILITY EACH OCCURRENCE Via.>•S1(� .1.Q6,. ! 5. PROPERTY DAMAGE DEDUCTIBLE APPLICABLE TO: COVERAGE A. $ 250 (PER CLAIM) FORMS AND ENDORSEMENTS APPLICABLE AT TIME OF ISSUANCE: ('1.-.•:'ir"et51.1►_ <() '.i L,—�;4311.1.•-.P-IOW s• PREMIUM FOR THIS COVERAGE PART Premlurn payable at Inception 7. THESE DECLARATIONS AND THE GENERAL DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED Pp ICY. Authorized Agent: ' ''� JAN 26 ' 1993 �' , Date: G-101368-B (� (ED 10/92) /4� �.►..l -� 4J z, . l- S 3- J INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the �5b day of 1993, is made by and between the City of Tamarac, a municipal corporation, (hereinafter "CITY"), and Tamarac Athletic Federation, (hereinafter "TAF"). WITNESSETH WHEREAS, TAF wishes to sponsor a "Tournament For Tommy" to benefit the Tamarac Athletic Federation and raise funds for Tommy van Note's radiation therapy; and WHEREAS, TAF wishes to conduct the "Tournament For Tommy" on Friday, April 30, Saturday, May 1, and Sunday, May 2, 1993 on a portion of property located at the Tamarac Park, • 7501 N. University Drive; 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 TAF, and in consideration of the mutual coven- ants contained herein, the parties agree as follows: Section 1: That TAF shall indemnify and hold the City, its officers, agents and employees harmless and defend the City, its officers, agents and employees from any and all claims, causes of action, damages, costs, expenses and attorney fees which the CITY shall or may suffer by virtue of the defense of, or response to, any claim being made against it in connection with the "Tournament For Tommy" to be held PAGE 1 on Friday, April 30, Saturday, May 1, and Sunday, May 2, 1993. Further, TAP, their principles, agents and employees shall indemnify and hold harmless the City of • Tamarac, its officers, agents or employees for any act or omission of the general public related to the "Tournament For Tommy" to be held on Friday, April 30, Saturday, May 1, and Sunday, May 2, 1993. 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: TAP shall provide the City's Risk Manager all necessary Certificates of insurance in such form and amounts as required by the Risk Manager. Section 4: TAP shall keep such policies of insurance in full force and effect during the term of this Agreement and shall provide to the City's Risk Manager proof of payment of the required documents. Section 5: TAP shall provide the CITY with the requisite document evidencing that the signatory for TAP has authority to enter into this Agreement. Section 6: This Agreement shall not be assigned without receiving City Council approval. 0 PAGE 2 �-A IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY OF TAMARAC through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action on the day of 1993; Tamarac Athletic Federation, signing by and through duly authorized to execute same. ATTEST: By *aro�A. Evans .City Clerk l_I T Y OF to APrIAJ'&1i 11MEETING UFO C APPROL 9 PAGE 3 CITY or C L By � AY Date BY IVVfWA, A&" kyJo n P. Kel y 1-sC" City Manager Date: `-1 /1q)C(3 FA ved as to or By Mi c e S r t City Attorney TAMARAC ATHLETIC FEDERATION WITNESSES: Thomas Van Note, Secretary/Treasurer t Tamarac Athletic Federation *AE F FLORIDA SS COUNTY OF Broward - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Thomas Van Note to me known to be the person (s) describedescribe3 in and who executed the foregoing instrument and acknowledged before me and under oath that he executed the same. WITNESS my hand and official sea 19 93 . OFFIC1AI, � OTARY SEA(, NIARIO:V %6 E;11 OTC!RYf'L'BLiC5I'SO� C011AF OFFEpKIDA ;d1YC0+;ti;;WrO� 1'O CC24?232 iViyti;OA EXP. DEC. 15,1996 1 this 31 day of March NOTARY PUBLIC, State o Florida at large Marion Swenson (Name of Notary Public: Print, Type or Stamp name of Notary ( ) Personally known to me, or ( xx) Produced identification Drivers License Type oE I.D. Produced ( xx) DID take an oath, or ( 0 PAGE 4 ) DID NOT take an oath. Q S3"3� • L