HomeMy WebLinkAboutCity of Tamarac Resolution R-90-267Temp. Reso. 4 vEV71
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CITY OF TAMARAC, TLORIDA
RESOLUTION NO. R-90 aj� 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 64
STREET, FOR A CHRISTMAS TREE SALE
TO BE SPONSORED BY THE MASONIC LODGE,
FROM FRIDAY, DECEMBER 7, 1990, TO
MONDAY, DECEMBER 24, 1990, PROVIDING
THAT SUCH APPROVAL IS CONTINGENT UPON
THE EXECUTION OF A HOLD HARMLESS
AGREEMENT BETWEEN THE CITY OF TAMARAC,
THE MASONIC LODGE, HART-T-TREE FARMS, -
AND BRUCE EAGEN, PROPERTY OWNER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has received a request from
the Coral Springs Masonic Lodge #373, to conduct a Christmas
Tree Sale on Friday, December 7, 1990, through Monday,
December 24, 1990, on vacant property located at the South
East corner of University Drive and 64 Street, as identified
on Exhibit "A" attached hereto; and
WHEREAS, the Coral Springs Masonic Lodge 9373, is a non-
profit organization; and
WHEREAS, the Coral Springs Masonic Lodge i373, Hart-T-
Tree -Farms, and Bruce Eagen, property owner, have agreed to
hold the City harmless of any claims whatsoever arising from
- the location, construction, installation and operation of a
Christmas 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
Coral Springs Masonic Lodge 9373 to conduct a Christmas Tree
Sale is herein, contingent upon the City receiving an
executed Hold Harmless Agreement from the Masonic Lodge and
for any claim or act which may arise as a result of the
activities permitted by this Resolution.
SECTION 2 : 'That the City Council authorized the Coral
Springs Masonic Lodge #373 to sell holiday trees on Friday,
December 7, 1990, through Monday, December 24, 1990.
•In no event shall the Christmas Tree Sale extend beyond
December 24, 2990.
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SECTION 3 That proper insurance coverage be provided'
to the City in connection with the operation of the Christmas
Tree Sale, as shown in Exhibit "B"«
SECTION 4 : That clean-up of the property is to be
provided by the Coral Springs Masonic Lodge #373 and shall be
continuous during the Christmas Tree Sale, Friday, December
7, 1990, through Monday, December 24, 1990«
SECTION 5 That the Coral Springs Masonic Lodge 6373
agrees that access to its 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
SECTION 6 That the granting of City approval for the
Christmas Tree Sale is subject to the Coral Springs Masonic
Lodge t373 obtaining all appropriate permits, inspections and
licenses required in the operation of the Christmas Tree
Sale.
SECTION.__7 : This Resolution shall become effective
Immediately upon its passage.
PASSED, ADOPTEb AND APPROVED this
1990.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Re-41ution as
to 'k /
ALAA RUFF
CITY A ORNEY
HOLIDAYTREES/JY
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RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
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THIS CERTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY AND COd
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
EXTEND OR ALTER THE COVERAGE APPOIEDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
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LETTER Y A General Acci.dmit
INSURED COMPANY
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TO CERTIFY THAT POLICIES OF INANCE LISTED BELOW HAVE BEEN ISSUED
THE INSURED NAMED
NOWT STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY rONTR CT OR OTOMERR DOCUMENT WITH
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN q1 SUBJECT TO
TIONS OF SUCH POLICIES.
TYPE OF INSURAN(IlP POLICY NUMESEN —� fTcM jN DRJ (OMPAT D
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ABOVE FOR THE POLICY PERIOD INDICATED,
RESPECT TO WHICH THIS CERTIFICATE MAY
ALL THE TERMS, EXCLUSIONS, AND CONDI•
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Certificate bolder is Waned. as an additicnIal insured with re'spmts
to the ChrisWas Tree Ent located at the SE onler of University Ur
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRrrTEN NOTICE TO THE Cl11TIFR"rwLe'"018"LIGATION
MED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICB LL OR
IIABILITV OF KIN HE COMP ITS OR REPRESENTATIVES.
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HOLD HARMLESS AGREEMENT
This agreement is entered into on the _Z1 day of
1990, between the CITY OF TAMARAC a municipal corporation
hereinafter "CITY"; CORAL SPRINGS MASONIC 'LODGE #373,
hereinafter "MASONIC LODGE", HART-T-TREE FARMS, hereinafter
"HART-T-TREE", and Bruce Eagan, hereinafter "BRUCE HAGEN".
W I T N E S S E T H:
WHEREAS, "MASONIC LODGE", "HART-T-TREE", and "BRUCE
EAGEN", wishes to promote a Christmas Tree Sale to benefit
Coral Springs Masonic Lodge #373 and other worthy causes; and
WHEREAS, "MASONIC LODGE", "HART-T-TREE", and "BRUCE
EAGEN", wishes to conduct the CHRISTMAS TREE SALE on vacant
property located at the South East corner of 64 Street and
University Drive, on Friday, December 7, 1990 through Monday,
December 24, 1990.
NOW, THEREFORE, in consideration of the sum of one
dollar ($1.00) and other good and valuable consideration
received from "MASONIC LODGE", "HART-T-TREE", and "BRUCE
EAGEN", in consideration of the mutual covenants contained
herein, the parties agree as follows:`
SECTION 1 : That "MASONIC LODGE% "HART-T-TREE" and
"BRUCE EAGEN", 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 Christmas Tree Sale, promoted by the
"MASONIC LODGE", "HART-T-TREE", and "BRUCE EAGEN", on Friday,
December 7, 1990, through Monday, December 24, 1990, or any
act or omission of "MASONIC LODGE", "HART-T-TREE" and "BRUCE
EAGEN", 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 pertain to any
occurrence during the term of the Agreement, even though the
claim may be made after the termination hereof.
SECTION 3 : That "MASONIC LODGE", "HART-T-TREE", and
"BRUCE EAGEN", 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 : "MASONIC LODGE", "HART-T-TREE" and "BRUCE
EAGEN", 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 : The "MASONIC LODGE" shall provide to the
City Risk Manager the requisite document evidencing that the
signatory of Coral Springs Masonic Lodge #373, has the
authority to enter into this Agreement.
SECTION 6 : This Agreement shall not be assigned by
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:
ATTEST:
CAROL A. EVANS
CITY CLERK
APPR D TO FO
ALAN R01F
CITY ATTO NEY
WITNESSES:
BY
BY
CORAL SPRI ONIC
DGE i3
BY:
DA
T- EE FARMS
BY:
DATE: 12 y %�
BRUCE EAGEN, PROPERTY
OWNER ve BY : Q�`Kcr �
DATE: ,
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HLDHM-FESTIVAL/JY
PROPERTY INVESTMENTS, INC.
r LICENSED REAL ESTATE BROKER
F COMMERCIAL BROKERAGE
AMO DEVELOPMENT
PEVIEW
1990
In I
`t •Y.
790 EAST BROWARD BOULEVARD, SUITE 200
FORT LAUDERDALE, FLORIDA 33301
FTL 305-523-3344 MIAMI 305-944-2153
FAX 305-764-8027