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Home My WebLink AboutCity of Tamarac Resolution R-90-108r Temp. Reso. # S71v( 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-90 Lg A RESOLUTION AUTHORIZING THE KIWANIS CLUB OF TAMARAC TO SELL BEER AT THE CELEBRATE TAMARAC FESTIVAL 190 TO BE HELD ON SATURDAY, APRIL 21 THROUGH SUNDAY, APRIL 22, 1990; PROVIDING THE HOURS WITHIN WHICH BEER MAY BE SOLD; PROVIDING THAT THE AUTHORIZATION TO SELL BEER IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT; THAT THE KIWANIS CLUB OF TAMARAC HAS VOLUNTEERED TO DONATE THE NET PROCEEDS RECEIVED FROM THE CONCESSION TO THE TAMARAC CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Chamber of Commerce wishes to sponsor a Celebrate Tamarac Festival 190 to benefit the Tamarac Chamber of Commerce and other worthy causes; and WHEREAS, the City of Tamarac wishes to act as co-sponsor with the Chamber of Commerce for the Celebrate Tamarac Festival 190; and WHEREAS, the Kiwanis Club of Tamarac wishes to acknow- ledge the Celebrate Tamarac Festival 190 by sponsoring a concession stand to permit the consumption of alcoholic beverages provided a permit for such a stand is obtained. 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 Kiwanis Club of Tamarac has requested permission to be able to sell beer at the Celebrate Tamarac Festival 190, showing evidence of State approval of a 4COP License; and WHEREAS, the Kiwanis Club of Tamarac has agreed to hold the City harmless of any claims whatsoever arising from the location, sale and operation of the concession stand. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 33 31 35 SECTION 1 : That the granting of the approval for the Kiwanis Club of Tamarac.to sell beer at the Celebrate Tamarac Festival 190 is herein contingent upon the City receiving an executed Hold Harmless Agreement from the Kiwanis Club Of Tamarac and/or the beer distributor for any claim or act which may arise as a result of the activities permitted by this Resolution. SECTION 2 That the City Council authorizes the Kiwanis Club of Tamarac to sell beer on Saturday, April 21, 1990, from 12:00 noon to 10:00 P.M. and on Sunday, April 22, 1990, after 12:00 noon, at the Celebrate Tamarac Festival 190. The selling of beer will end approximately thirty (30) minutes before dusk on Sunday, and in no event shall the sale of beer extend beyond the hour of 5:00 P.M. on Sunday. SECTION 3 : That proper insurance coverage be provided to the City in connection with the operation of the con- cession stand. SECTION 4 : 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 5 : That the Kiwanis Club of Tamarac has volunteered and agreed that all net proceeds received from beer sales at the Celebrate Tamarac Festival 190, minus expenses, will be donated to the Tamarac Chamber of Commerce. PASSED, ADOPTED AND APPROVED this // day Of Phc.1990. ATTEST: 6&,Z, e-" �- CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this TION as to form'� ALAN OF INTERIM ACTING ATTORNEY KIWANIS/FEST/JY It RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT2: _ C/M SCHUMANN + �� DISTRICT 3: VIM HOFFM,�N DiS-TRICT 4: _ C/M BENDER ("9v—log HOLD HARMLESS AGREEMENT This agreement is entered into on the _LL day of 1990, between the CITY OF TAMARAC a municipal corporation hereina:".'ter "CITY", and the KIWANIS CLUB OF TAMARAC, herein- after "KIWANIS". W I T N E S S E T H: WHEREAS, KIWANIS wishes to sponsor a concession stand to permit the sale of alcoholic beverages at the Celebrate Tamarac Festival 190 to benefit the Tamarac Chamber of Commerce and other worthy causes; and WHEREAS, KIWANIS wishes to conduct the concession stand on a portion of 57th Street during the period of April 21, 1990 through April 22, 1990. NOW, THEREFORE, in consideration of the sum of one dollar ($1.00) and other good and valuable consideration received from the KIWANIS CLUB OF TAMARAC, and in considera- tion of the mutual covenants contained herein, the parties agree as follows: SECTION 1 : That KIWANIS shall hold the CITY harmless 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 the events sponsored by KIWANIS hereunder (Celebrate Tamarac Festival 190, April 21 through April 22, 1990), or any act or omission of KIWANIS, their agents, employees, members, or the general public in connection therewith. SECTION 2 : The above provisions shall survive the termination of this Agreement and shall p rtain to any occurrence during the term of the Agreement, even though the claim may be made after the termination hereof. SECTION 3 : KIWANIS shall provide to the City Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. SECTION 4 KIWANIS shall keep such policies of insurance in full force and effect during the term of this Agreement and shall provide to the City Risk Manager proof of payment of the required premiums. SECTION 5 : KIWANIS shall provide the City Risk Manager with the requisite document evidencing that the signatory of KIWANIS has the authority to enter into this Agreement. SECTION 6 This Agreement shall not be assigned by KIWANIS without receiving City Council approval. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: i� TEST: r� c -jot--- CAROL A. EVANS CITY CLERK APPROVED TO FORM: ALA INTERIM N CTZ ATTORNEY ATTEST : '�. l ov is �, 5 #1 1-46545v�P� WITNESSES: HLDHM-FESTIVAL/JY ". CITY OF TAMARAC BY: Ua , N RMAN ABRAMOWI, ,,MAYOR BY: / 1 JOHN P . "KELMI CITY MANA E KIWANIS CLUB OF TAMARAC BY: BRIAN A. MORGAN, PRESIDENT . /�- 9 0- 1 IS O ,} u CY) a O w cc W Z .Q b U 0 ..�• .. 'i• �.�.�_ ,ice 3 � M a W rr•. 4 1 t Z Q0 to N.� m 4 � fj �r �t� ;+:� `r.7� �' •�� y to UJ u G CC LM C7 W.! r+N r.... 'Y•.t CA Y vLu wCu fD.. W AC a. Z W W }� ' W r..ZY''yt q # m O to a)(ii:A.:.U.'" W wcr`•irt U O O u1 _; [ - LU -i 4 . Z ~! �. "A" W'` �w + Irk t, LL cc 0 ! 111 lw a -u m e" w W n x LL 7 V o e- Z Cp+ 4 $ Q H w r E WWI _ Aj Lb c H q to �--4 41 w y U v] fin.. ECal N itl Yi G{ _ o J O r W �Z u7 S Q,' z 7 Z Z� b�4 H ..st a sW, ro 0 r--? 4J rd ro (0 4-) 0) �-4 co 0) (1) C'4 ro 71 (d C) C) 4.) C) -,A Ln :s 41 ,Q, 0: CY) U) 1�1 Z; Nt LLI C� pkc uj > co 0 00 0 U- Z U-) Cm cr LO < I Ing *A 21* .too Z >1 > 0 let" z —0 0 wag cc 0 c eu., 0 U. d U. w C 0 o� LU 41 NW Z-. 4C `4 14 CL 2 lei >4 0) 4) cc uj Cc dIC M Cc UA I-. x CL LU r LIS CL LLI CL LIJ CL W § 01 0 0�1 IL) - 1; 0 > U r-I qtr 4j 0 %0 4 tn r, 0 un Ln -4 0 t- r. ui L) It's C4 N 40 C14 cn W -4 H E-4 -1 z ca cn 24 M 0 0 0 W 4J Q) E� fo E-1 4 E4 0 U) 4) x :3 ': 4J -40 &4 CM4 S: w UM P4 c H j 0 0 r-Iz z FA do . 0 0 Ln AZ (n ul dt u 0._ 340, Y 6-0 Vu- 0 0:1 OXO .4 U z sz- ZOE v W- I .- -x 0 z cc uhs Lu Z goo uj w oo Z dK IL z cc WA u,—O OVIO 7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 May 18, 1990 TAMARAC KIWANIS 3500 N. State Road 7 Suite 299 Ft. Lauderdale, FLorida 33319 Enclosed please find your copy from the CITY OF TAMARAC, the following; RESOLUTION NO. R-90-108 Very truly yours, CITY OF TAMARAC CITY CLERK'S OFFICE ENC. AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS Temp. Reso. # CITY OF TAMARAC, FLORIDA RESOLUTION NO. Rr-90 Lg A RESOLUTION AUTHORIZING THE KIWANIS CLUB OF TAMARAC TO SELL BEER AT THE CELEBRATE TAMARAC FESTIVAL 190 TO BE HELD ON SATURDAY, APRIL 21 THROUGH SUNDAY, APRIL 22, 1990; PROVIDING THE HOURS WITHIN WHICH BEER MAY BE SOLD; PROVIDING THAT THE AUTHORIZATION TO SELL BEER IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT; THAT THE KIWANIS CLUB OF TAMARAC HAS VOLUNTEERED TO DONATE THE NET PROCEEDS RECEIVED FROM THE CONCESSION TO THE TAMARAC CHAMBER OF COMMERCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac Chamber of Commerce wishes to sponsor a Celebrate Tamarac Festival 190 to benefit the Tamarac Chamber of Commerce and other worthy causes; and WHEREAS, the City of Tamarac wishes to act as co-sponsor with the Chamber of Commerce for the Celebrate Tamarac Festival 190; and WHEREAS, the Kiwanis Club of Tamarac wishes to acknow- ledge the Celebrate Tamarac Festival 190 by sponsoring a concession stand to permit the consumption of alcoholic beverages provided a permit for such a stand is obtained. 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 Kiwanis Club of Tamarac has requested permission to be able to sell beer at the Celebrate Tamarac Festival 190, showing evidence of State approval of a 4COP License; and WHEREAS, the Kiwanis Club of Tamarac has agreed to hold the City harmless of any claims whatsoever arising from the location, sale and operation of the concession stand. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 4 KIWANIS shall keep such policies of insurance in full force and effect during the term of this Agreement and shall provide to the City Risk Manager proof of payment of the required premiums. SECTION S KIWANIS shall provide the City Risk Manager with the requisite document evidencing that the signatory of KIWANIS has the authority to enter into this Agreement. SECTION 6 This Agreement shall not be assigned by KIWANIS without receiving City Council approval. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: aesi� ---21eny TEST: CAROL A. EVANS CITY CLERK APPROVED TO FORM: ALAN INTERIM CTI ATTORNEY ATTEST:,, ov rs �, 5 fNFF TRESS vR� WITNESSES: HLDHM-FESTIVAL/JY 7'zVTt.y44'O F TAMARAC r KIWANIS CLUB OF TAMARAC �--11 BY : J t-j—r --� � . BRIAN A. MORGAN, PRESIDENT BY: . N RMAN ABRAMOWI ,MAYOR BY: � 4 JOHN P . 'KELlill CITY MAMA E /Z- 9 0- I 08 - t co V� cn LU zcc ci W - Li U 'C7 �r. • '�' o I` +4 C G kV, •� rC�, w 7 o -y. w Q E 04 Cc 0 41 W CC { LL r h rn&IL c W i� -. - LLJ W OM ol W,cn LL cc 0 ,W }o r p+x JL W 3 z CD a E f w z L .--. q O w o N -K 0co � ,a W Ca to i�i. • _r N E _ s 5 I rl c � 3 0 � w �o C w z ,. g. �g aid m� z �H �H T CD VCC N ,e