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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-253C] August 9, 2000 - Temp Reso #9107 1 Revision No. 1 - September 13, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- A S3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO GRANT A WAIVER OF FEES TO THE BULLDOGS -A SPECIAL NEEDS ORGANIZATION, INC. FOR A HALLOWEEN HAUNTED HOUSE FROM OCTOBER 1, 2000 THROUGH OCTOBER 31, 2000; LOCATED ON THE SOUTHEAST CORNER OF NW 64 STREET AND UNIVERSITY DRIVE; PROVIDING THAT SUCH APPROVAL IS CONTINGENT UPON THE EXECUTION OF HOLD HARMLESS AGREEMENTS AND OBTAINING THE REQUIRED PERMITS; PROVIDING ALL STATE INSPECTIONS ARE OBTAINED; PROVIDING FOR WAIVER OF ALL APPLICABLE FEES; CASE NO. 20-MI-00; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has received a request from The Bulldogs -A Special Needs Organization, Inc. for a waiver of fees for a Halloween Haunted House to be produced and managed by Magical Village, Inc. as one of their Annual Fundraising Events (attached hereto as Exhibit 1"); and WHEREAS, The Bulldogs -A Special Needs Organization, Inc. is a non-profit organization; and WHEREAS, the Director of Community Development and the Building Official recommend approval; and 1 IF7 I 1 August 9, 2000 - Temp Reso #9107 2 Revision No. 1 -- September 13, 2000 WHEREAS, The Bulldogs -A Special Needs Organization, Inc. agrees to hold the City of Tamarac harmless of any claims whatsoever arising from the location, construction, installation and operation of the Halloween Haunted House (attached hereto as Exhibit "2"); and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to grant a waiver of fees to The Bulldogs -A Special Needs Organization, Inc. for a Halloween Haunted House from October 1, 2000 through October 31, 2000; located on the southeast corner of NW 64 Street and University Drive; providing that such approval is contingent upon the execution of Hold Harmless Agreements and obtaining the required permits and that all State inspections are obtained, providing for conditions of approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: 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 appropriate City Officials grant a waiver of fees to The Bulldogs -A Special Needs Organization, Inc. for a Halloween Haunted House from October 11 August 9, 2000 - Temp Reso #9107 3 Revision No. 1 - September 13, 2000 1, 2000 through October 31, 2000; located on the southeast corner of NW 64 Street and University Drive, providing that such approval is contingent upon the execution of Hold Harmless Agreements and obtaining the required permits and that all required State inspections are obtained; is HEREBY APPROVED, subject to the following conditions: SECTION 3: The granting of such waiver is subject to the following conditions: 1. That the granting of the approval for The Bulldogs -A Special Needs Organization, Inc. for a Halloween Haunted House is herein contingent upon the City of Tamarac receiving an executed Hold Harmless Agreement from The Bulldogs -A Special Needs Organization, Inc. for any claim or act which may arise as a result of the activities permitted by this Resolution. 2. That The Bulldogs -A Special Needs Organization, Inc. obtain all appropriate permits, inspections and licenses in the operation of the Halloween Haunted House and that all applicable permit fees be waived but the waiving of these fees shall not eliminate the requirement to have regulatory agency inspections. 3. That proper insurance coverage be provided to the City in connection with the operation of a Halloween Haunted House. 4. That clean-up of the Bruce Plat property located at North University Drive August 9, 2000 - Temp Reso #9107 4 Revision No. 1 - September 13, 2000 1 is to be provided by The Bulldogs -A Special Needs Organization, Inc. and shall be continuous during the operation of the Halloween Haunted House through the month of October 2000. 5. That the hours of operation for the Halloween Haunted House shall not be conducted between the hours of 10:00 p.m. and 11:00 a.m. during the set up, operation of the Halloween Haunted House and dismantling of equipment. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. 1 August 9, 2000 - Temp Reso #9107 5 Revision No. 1 - September 13, 2000 1 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this � 7'day of , 2000. ATTEST: MARION S ENSON, CMC CITY CLERK I HE BY CERTIFY that I h e roved this ES L�TIOWas to form. MITCHELL S. K CITY ATTORNE commdev\u:\pats\u serdata\wpd ata\res\9107 reso 1 V/ JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER- DIST 2: COMM. MISHKIN — DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS ~.I THE BULLDOGS . � ^'� �� (7� An Agency of Special Olympics of Broward 8041 W. McNab Road ® Tamarac, Florida 33321 r T r .'� ✓ President Mark Hurvitz Board of Directors Robert H. Cohen Sue Cohen Ellen Kleinert -Cohn Lois Filcman Ted Goldberg Diane Goodman Harvey Goodman Vicki Gray Robert Irvine Pat Kemen Peggy Perkins David Reisen Advisory Board Cheryl Chace L. Jerry Cohn, Esq. Dan Davila Manny D. Fagundes (Golden Corral) Bill Gould (State of Israel) Kathie Margoles. (Tmrc. Parks & Rec.) Steve Markley, CEO (Golden Corral) Jeff Minde, Esq. Karen L. Roberts (Tmrc. City Comm.) Joe Schreiber (Tmrc. City Mayor) Phyllis Spitzer EXHIBIT 111" TEMP RESO #9107 JUNE 22, 2000 CITY OF TAMARAC 7525 NORTHWEST 88 AVE. TAMARAC, FL 33321 ATTN: JEFFREY MILLER, CITY MANAGER DEAR MR. MILLER, THE TAMARAC BULLDOGS, AN AGENCY OF SPECIAL OLYMPICS, AS ONE OF OUR FUNDRAISING EVENTS WILL BE HAVING A HALLOWEEN HAUNTED HOUSE ON THE PROPERTY OWED BY MR. IRA CON. MR. CON HAS GRACIOUSLY DONATED THIS PROPERTY FOR THE MONTH OF OCTOBER 2000. WE WOULD APPRECIATE IF THE CITY OF TAMARAC COULD WAVE ALL CITY PERMIT FEES NECESSARY FOR THIS EVENT AS WE ARE A NON-PROFIT 501 (C) (3) CORPORATION. YOUR CONTINUED SUPPORT OF OUR SPECIAL ATHLETES GIVES THEM A CHANCE TO FULFILL THEIR DREAMS AND LIVE UP TO THEIR OWN INDIVIDUAL POTENTIALS. WE LOOK FORWARD TO SEEING YOU AND YOUR STAFF AT OUR HALLOWEEN HAUNTED HOUSE. SINCERELY, ROBERT H. COHEN TREASURER/FUNDRAISING CHAIRMAN TAMARAC BULLDOGS Telephone: 954-216-3470 Fax: 954-724-9963 P9 1 Of 1 "'' /30/20 0 13:06 9547249963 ACCOUNTANT PAGE 01 EXHIBIT "1" TEMP RESO #9107 THE BULLDOGS -A SPECIAL NEEDS ORGANIZATION, INC. Recognized by IRS as a 501 (3) (c) charitable organization 8061 W. McNab Rd Tamarac, Fl 33321 To: Judy Yacobellis, City of Tamarac From; The Bulldogs (An agency of the Special Olympics of Broward County) Date: August 29, 2000 Subject: THE HAUNTI~D HOUSE FUNDRAISER Dear Ms. Yacobellis, This letter is to inform you of our upcoming Halloween Haunted House fundraiser. The Haunted House will be managed by Magical Village Inc. Magical Village Inc. has, for the past fifteen years, operated the Christmas Magical Village, Nvhich up until last year was located on Sterling Road and 441, and presently setup during the Christmas season at Boomer's in Dania. Four years ago, Magical Village Inc. and Mr. Jerry Moskowitz, started a Halloween Haunted House to benefit the YMCA of Broward County, This Haunted House has been located in the following cities: Hollywood, Dania and Coral Springs, Florida. It has been one of the most successful fundraisers for the YMCA. The Tamarac Bulldogs are very excited that they will have the opportunity to benefit from future Haunted House fundraisers. Our involvement in this year's upcoming Haunted House will be as follows: we need to enlist approximately 50 volunteers to run the nightly scares of the Haunted House and we are also involved with advertisement and promotion of the Haunted House. We would like to take this opportunity to thank all the people of the city of Tamarac for their past and future help in the event. z W M a w� cr, CD CM o c:) tz You ul , Bob Cohen Treasurer of the Tamarac Bulldogs pg1of2 1*:X:rr.11fi" TEMP RESO #9107 CORPORATE RESOLUTION OF THE BULLDOGS A SPECIAL NEEDS ORGANIZATION, INC. DATED: SEPTEMBER 6, 2000 Whereas, at a meeting of the Board of Directors of the Bulldogs, A Special Needs Organization, Inc., held on the 6�' day of September, 2000, at the Corporations Headquarters, situated at 8041 W. McNab Road, Tamarac, Florida, 33321, there was presented, discussed and adopted a resolution regarding the organizations participation in the Halloween House activities. Whereas, a motion was made by Mark Hurvitz, and seconded by Ellen Kleinert, and a vote was taken by a voting majority of the Board of Directors, namely Mark Hurvitz, Ellen Kleinert, Sue Cohen, and Ted Goldberg, and a resolution was adopted by this majority vote that Robert Cohen, the Treasurer, shall be empowered to sign any hold harmless agreements or other necessary agreements relative to liability matters which shall indemnify the City of Tamarac from any and all liability which may arise from activities pertaining to the Halloween House on any form provided by representatives from the City of Tamarac. Mark Hurvitz/Presid pg 1 of 3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the l t _- day of CcPnwA 66 R, is made by and between the City of Tamarac, a municipal corporation (hereinafter "CITY"), and -rkte (hereinafter "VENDOR"). DR6PoWl��'tto� l IYJC. WITNESSETH: WHEREAS, CITY and VENDOR desire to enter into an agreement to provide I-1a-t.Qu,�� rJ KA0" T� D ttOUSV- : and WHEREAS, the City Commission 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 and other good and valuable consideration received from VENDOR and in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1: That VENDOR shall indemnify, hold the CI) 'Y, its officers, employees and agents harmless and defend the CITY, its officers, employees and agents from any and all claims, causes of action, damages, liability, and expenses including attorney's fees in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly causes by, resulting from arising out of or occurring in connection with p, R n, owF-� er., si0 7,, C ,tft�us� in the City of Tamarac. SECTION 2: The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, event 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: VENDOR shall provide the Risk Manager of the City of Tamarac all necessary certificates of insurance in such form and amounts as required by the Risk Manager. SECTION 5: VENDOR shall keep such policies of insurance in full force and effect during the term of this Agreement and shall provide to the Risk Manager of the City of Tamarac proof of payment of the required documents. SECTION 6: VENDOR shall provide the CITY with the requisite document evidencing that the signatory for VENDOR has the authority to enter into this Agreement. SECTION 7: This Agreement shall not be assigned without receiving City Commission approval. SECTION 8: Venue shall be in Broward County, Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY OF TAMARAC through 2 its CITY COMMISSION, signing by and through its Mayor, authorized to execute sp-ne A % d a, o; �!r- �� cp� . by Commission action on the �. -- iingxAc ,e16GAPo� ,signing by and through , duly authorized to execute sa,irne. . ATTEST: b By. Maribn Swenson, CMC -City Clerk CITY Or TAMARAC By: Joe Schreiber, Mayor Date:.. By: 7zx effrey miller c� City Manager Da.e: r d as t. form and leg? y:Pititche Kra; City -orney ATTEST: Corporate Secretary (Corporate Seal) v 5_ �J D STATE OF FLORIDA COUNTY OFLi�� • ' ! IU`4 MRS On :SS Please print name Before me personally appeared C'r .►�I to me well known and known to me to be the person described re me thaWhe/she executed sa'd ithe nng strument instrument, and acknowledged to a for the purposes therein expressed. WITNESS my hand and official seal, this _J_�_ day of - _� o0 My Commission Expires: JUDIrH A r U.!& cc Buz 70 OTARY P IC, State of ••a At Large Print or Type Name of Notary M AUG-17-00 10:3!5 pM GN REPOSSESSION 9549614100+ P.01 G.M. INVESTIGATION SECURITY PATROL, INC. 5611 SHERIDAN STREET HOLLYWOOD, FL 33021 24 Hour Service G.M. Repossessing Service PHONE: (954) 981-9991 . (954) 961-4100 Process Servers AUGUST 1 7, 2000 r'NUM : GE ORGE MANOS TO: JUDY THIS LETTER IS CONFIRMATION THAT WE HAVE HANDLED SECURITY MAG2CAL VILLAGE W11ENZVER HE HAS EVENTc �?L+ct1G FOR THE PAST 10 YEr=a. IF YOU NEED ANY ADDITIONAL INFORMATION FEEL FREE TO CONTACT US AT ABOVE NUMBER. SI CERELY, 41 �fl�. ORGE MANOS TEMP RESO #9107 0-3/ 21/ 2000 13: 58 954-893-9668 JOHN IAICHAEL & A'SS0C PAGE c i ACDRD-. CERTIFICATE OF LIABILITY INSURANCE DATE(MM`DDrM 08/21/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN MICHAEL b ASSOCIATES, INS ONLY AND CONFERS NO RI(3HTS UPON THE CERTIFICATE 6314 STIRLING ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DAVIE FL 33024 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 954-893-9666 INSURERS AFFORDINd COVERAGE INSURED RAMEL, INC. dba MAGICAL VILLAGE ETAL INBUREHA: Nautilus Ins. CO 11931 SW 12th COURT INSURER 8:. FORT LAUDERDALE FL 33325 INSURERC, T _ INSURER E); COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR TYpC OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION • �_� LIMITS �•� GENERAL LIA9ILIT/ _T_ EACH DCCUgRPauCE S 1.000,001 i( CQMMERC(AL GENERAL UA81LtTY _7 __7 Finr nAmAGE (Any one fire; rn177Y'�i� yn.y—•ir ;]Mi•..4 1 r �WvanhX ..1 1 _ yGlIIE u&j7ijGYluu UefjS�;AL :LUV1 PERSON&ADVINJURY is 1.000.00( GENERALAGGREGATE ! $z,000,00f LQEj'LAGGFIEGATE UMIT APPLES PER: PRO PPRpDUCTS - CCVF'/MP AGG S ��T POLICY LOC AUTOMOBILE UABILITY SINGLE LIMT ANY AUTO (Ea acccicannO S ALL OWNED AUTOS EDGILY �vJURY $ SCHEDULED AUTOS (Per per3on, ^ _ HIFICED AUTOe 6.:DILY WJURY (e NON -OWNED AUT08 (Per acc!dent) --- PROPERTY DAMAGE (Per RCClaenq GARAGE LIA0IUTY I ; ' • (AUTO ONLY - EA ACCIDENT S ~ ANY AUTO �Y----_�- OTHEA THAN EA ACC $ -Y—� A'jTO ONLY: AGG I S EXCESS LIABILITY A EACH OCC:;Rr•.ENCE $ OCCUR J CLAIMS MADE AG,PE ZA"E f a DEDUCTIBLE �~ RETENTiON a WORKEF15 COMPENSATION AND x TAI aTH- ( •.kj' "'TS I FR I EUPLOYER6' LIABILITY E.L. EACH ACCIDENT a _ E,L. CI9EA9E - EA EMPLOYE $ y�~ E L DISEASE • POLICY L:MIT I S OTHER i DESCRIPTION OF OPERATIONS/LOC.,A.TIONENEHICLEI;IU(CLUS1ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THEME PARK OPERATION CEI^ITIFICATE h10LOEii ADdITIONAL INSURf.O; INSURER LETTER: CANCELLATION City of Tamarac SHOULDAIJY OF T;-ICAaOVC DESCRIBED POLICIES BE CANCELLED 13ETOFIlE THE E(PIRATION 7525 NW 88 Ave DATE THEREOF,:THE I68UINQ INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN • NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL Tamarac FL 33321 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENSURER- ITS AGENTS OR Faxed Judy 954-724-2453/Jdrry 305-633-2227" REPRESENTATIVES. AUTHORIZED RERRESENT � ACORD 25-5 (7/97) TA —CORD CORPORA FION 15BU I TAMARAC BULLDOGS CASE NO.20-MI-00 - TEMP RESO #9107 E7 B-1 R SITE; . . -- r —T7 I � B-2� a �, i-w �- [ � �\a �. 4 � F T ;.. � T — 1( 600 0 600 Feet CITY COMMISSION City of Tamarac ma September 27, 2000 . - Waiver Of Fees J. a-,",apher King 7525 MephW. 80 Ave., Tamarac, Florida 33321-2401 areaor Telone: (954) 7241282 Cvmrnmily DeveloWsrd Facsimile: 724-2453