HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-275July 12, 2000 - Temp. Reso. #9108 1
Revision No. 1 - October 16, 2000
Revision No. 2 - October 18, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-v275'
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 ST. MALACHY CATHOLIC CHURCH TO
CONDUCT A CARNIVAL BEGINNING
THURSDAY, NOVEMBER 16, 2000 THROUGH
SUNDAY, NOVEMBER 19, 2000, LOCATED AT
THE NORTHEAST CORNER OF NW 61 STREET
AND UNIVERSITY DRIVE, PROVIDING THAT
SUCH APPROVAL IS CONTINGENT UPON
OBTAINING THE REQUIRED PERMITS AND
THAT ALL STATE INSPECTIONS ARE
OBTAINED; PROVIDING FOR CONDITIONS OF
APPROVAL; CASE NO. 21-MI-00; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, St. Malachy Parish wishes to conduct a carnival to benefit the St.
Malachy Catholic Church and the St. Malachy Catholic School; and
WHEREAS, the City of Tamarac has received a request from the St. Malachy Parish
(attached hereto as Exhibit 1 ") to conduct a carnival beginning Thursday, November 16,
2000 through Sunday, November 19, 2000 on church property located at the northeast
corner of NW 61 Street and University Drive; and
WHEREAS, the St. Malachy Catholic Church is a non-profit organization; and
WHEREAS, the Director of Community Development, the Fire Chief and the
Building Official recommend approval; and
WHEREAS, Hildebrand's Midway of Fun, Inc. agrees to hold the City harmless of
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1
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July 12, 2000
- Temp. Reso. #9108 2
Revision No. 1
- October 16, 2000
Revision No. 2
- October 18, 2000
any claims whatsoever arising from the location, construction, installation and operation of
the Carnival (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 St. Malachy Catholic Church to
conduct a carnival beginning Thursday, November 16, 2000 through Sunday, November
19, 2000, located at the northeast corner of NW 61 Street and University Drive.
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
St. Malachy Catholic Church to conduct a carnival beginning Thursday, November 16,
2000 through Sunday, November 19, 2000, located at the northeast corner of NW 61
Street and University Drive, providing that such approval is contingent upon obtaining the
required permits and that all State inspections are obtained; is HEREBY APPROVED
subject to the following conditions.
July 12, 2000 - Temp. Reso. #9108 3
Revision No. 1 - October 16, 2000
Revision No. 2 - October 18, 2000
SECTION 3: The granting of such waiver is subject to the following
conditions:
1. That all appropriate permits, inspections and licenses in the operation of the
carnival be waived, and that all applicable permit fees be waived but the
waiving of these fees shall not eliminate the requirement to have regulatory
agency inspections.
2. That proper insurance coverage be provided to the City in connection with
the operation of the carnival.
3. That clean-up of the St. Malachy Catholic Church property is to be provided
by the St. Malachy Catholic Church and Hildebrand's Midway of Fun, Inc.
and shall be continuous during the operation of the carnival beginning
Thursday, November 16, 2000 through Sunday, November 19, 2000.
4. That the hours of operation for the carnival shall not be conducted between
the hours of 12:00 a.m. and 8:00 a.m. during the set up, operation of the
carnival 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.
SECTION 6:
passage and adoption.
July 12, 2000 - Temp. Reso. #9108 4
Revision No. 1 - October 16, 2000
Revision No. 2 - October 18, 2000
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this , — day of '2000.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have a6groved this
MITCHELL S. KRAF
CITY ATTORNEY
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RECORD OF COMMISSION VOTB
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST a: COMA. IliU1.T14IUt
DIST 4: VIM 00
St Malachy ParishEXHIBIT Volvo
Ode TEMP RESO ##9108
6200 John Horan Terrace 0 Tamarac, FL 33321
St Malachy Church 726-1237
July 28, 2000
Mr. Jeffrey Miller, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
RE: St. Malachy Annual Carnival
Dear Mr. Miller,
St. Malachy Parish would like to have a Carnival in November. The dates and times would be:
Thursday, November 16th
Friday, November 17th
Saturday, November 18th
Sunday, November 19th
5 P.M. - 11 P.M.
5p.m.-12am.
12 p.m. - 12 a.m.
1:30 P.M. - 10:30 P.M.
The Carnival would be located on St. Malachy property in the front parking lot and on the back soccer
field. We would send the City of Tamarac a detailed site plan layout as soon as we would obtain one from
the Carnival company, Hildebrand's Midway of Fun, Inc.
We appreciate Judy Yacobellis for sending us a detailed list of requirements and documents necessary for
having a Carnival. We would work very hard to comply with all the City's regulations and send the city
the other required documents for having a Carnival as soon as possible.
Could you please give us your permission to have a Carnival? And could you please waive all the license
and permit fees necessary to have a Carnival? All Carnival proceeds will be used to support the Churcit�
and our school, St. Malachy Catholic School,
d
If you have any questions, please call me at 979-6906.
Thank you very much!
Sin rely,
Debbie Heuser
2000 Carnival Permit Chairperson
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CC: Judy Yacobellis, CLO, CCO
Matt Lyons, St. Malachy Development Director/Plant Manager
MMEBRAND'S MMWAY OF FUN, .1.W.
AMUSEMENT CONTRACT AND AGREENMN'Y
ThJs Contract aad Agreement entered iota this 18`� day of August, 2000 between HILf7EBRAND'S
MIDWA`! OF FUN, INC., party of dae First Part and St. hialachy Church, 'patty of the SecoAtd Part.
Hildebrand's will exhibit at St. Ma achy Church Parking lot and bark field for a period of'4 days
corutn;ricing on November 16, 2000 and ending on November 19, 2000. "rite party of the first part shall
have exclusive rights to all shows, .rides, and concessions at this event, except that the party of'the second
part clt.all be perrnitted to have local, non-profit food and drink stands. All others must hereby contract
with. party of the f first part. Tktis Contract shall ren.iain in effect for a period of 3 years, 2000, 2001 avid
2002 if the result of the 2000 Carnival is satisfactory to the party of the second part.
'%111NESSET,K. The Party of the First Part hereby agrees; to provide a suit;:tble combuiation of rides,
shows attd concessions for this scheduled event, also posters, tickets, press matter and newspaper cuts, a
certificate of inswance in the amount of One Million Dollars. raid a hold harmless agreeurent with the
City of Tau7arao attd St. Maiachy Church; to help rnwket ilia event with our bi-house advertising teams,
and to paly .for and arraatge for State safety i►aspectiotts for this event. Iiildobrautd will provide the
aforetrren totted posters advetlising the Carnival 60 days in advance,( Septertiaet• 15, 2000). If posters are
not received, diets the expenses incurred by St, Malachy to leave the posters printed will be paid by
Hildebrand's. Also, the presale bracelet voticheis aced to be received by St. Malachy 30 days in advance
of the Carnival opening day (October 16, 20001 Hildebrwid's will aassurne all expenses to have the paviXtg
corrrpany move the parking cttrbs before and after the event, will. pity $1,000.00 towards entertaimnent
arid S100.00 for Trash pick-up, slid will pay to fix any light poles broken by l4ddebrwid's. Hiidebrartd's
will split advertising 50/50 with St. Malachy with fees not exceeding $3,000.00 total. Hildebrand's will
also split security costs 50/50 with St. Malachy. Hildebrand's will supply a large tent f'or entertairunent
attd port -a jobn,s for duration of the Carnival. Hild0brand's will maintain their concession and ride area
clean for the duration of the Carnival and,vill clears -up the area after tite Carnival is over. Concessions
will not include face painting.
WI NESSETH: Tice Party of the Second Part hereby agrees; not to permit tho operation of a sirnilar
event within 90 days prior to the above date; to provide a suitable location for the construction and
operation of the party of the 1'ust part; provide water source and suitable placement for house trailers; to
obtain local pennits if needed and any costs associated with the permits that is not waived will be paid by
Ole party of the #first part, Hildebtvind's.
Remarks, Any outer attracti.ons,(Le. rock clintbitt.g, simulator, etc..) must be negotiated by the party of
the second part before these attractions are set up and in operation. All sots drink beverages trust be
Pepsi prpducts artdthere will be no Coke signs,
In consideration of the above the -party of the Second fart will receive a 35% of advance sale tickets attd
30% of ticket and anuband sales (minus all sales and federal excise t xis') and $100.001)4T gate
concession and (2) I-bidebratid's food stands and $200,00 per each for additional food stands for the entire
event.
Should any unforseen calamity or acts of providence such as fire, flood, strikes, war, wrecks, tornado,
riots, civil corm notion, prohibitive entrergy costs, or the tlueat therein, this Contract will be rescheduled.
St. Malachy Chu.t•ch
Father O' r, tP sor /
620 John Horau,'1'erraCe
',+tnarac, FI 33321
Hilde and'& &-"--
wa ,Inc.
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P.O. Box 50332
Littlttltouse Point, FL 33074
954-781-2222
EXHIBIT "2"
TEMP RESO #9108
INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT
This Agreement entered into on the J-�31 day of .;gin. , loop is made
by and between the City of Tamarac, a municipal corporation (hereinafter "CITY"), and
(hereinafter "VENDOR").
WITNESSETH:
WHEREAS, CITY and VENDOR desire to enter into an agreement to provide
a Carnival with amusement rides
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 !--Q�
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 a Carnival with Amusement rides
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
0
by the Risk Manager.
SECTION 5: VENDOR ihall 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
its CITY COMiMISSION, signing by and through its Mayor, authorized to execute same
by Commission action on the day of
14-1;) 6&441G `5`�w of L�•� ,vC_ , signing by and
through , e qJ f ;j , duly authorized to execute same.
. ATTEST:
By:
Marion Swenson, CMG
-City Clerk
CITY Or' TAMARAC
By:
Joe Schreiber, Mayor
Date: --
of
By: -
Je fret' Duller
City Manager
Date: J/_119-16 0
Aparove.d as to form and legal
sulliciency: ,
By
Itcnall S. Gil
City A"LMr ey
0 0! V.L.o 0
CITY �QF 7'P,h1ARAC
ATTEST:
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF �OCd9;L>
SS
President
J7h 0"s-V
Picase print name
Before me personally apppared me well known
and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seat, this % 7 day of
My Commission Expire��e� 4
��`��\`Q� bert•M. C� �"%�
0 7is '�i
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VOTARY PUSLK;-, State of
Florida At Large
Print or Type Na of Notary
►a
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ST MALACHY CATHOLIC CHURCH
CASE NO. 21-MI-00 - TEMP RESO #9108
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CITY COMMISSION
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City of Tamarac
September 27, 2000
Waiver of Fees
I Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Director Telephome: (954) 724-1292
Community Development Facsimile.- 724-2453
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PROFIT
CORPORATION
r,tVNUAI. REPORT
1999
DOCUMENT # 1/-9756
1, Corporation Noma
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crincipal place of Suslnenn
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k4th-Trine ►iartia
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OIVISIC)N OF C09PORATIONS
Hiding Address
2060 NE IST AVENUE
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7. Date InCTarporaled or Ou5tlfled
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4. FEI Numbe Tr
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6. Election Campaign Flnanong I''$5.00 mby ge
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10. Name And Address of Now Registmill Agent
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ACORDM CERTIFICATE F LIAF31CITY INORANCE
DATEIMMIODRY)
D8/21/2000
peo UCER (210)RZ9-7634 FA7 (210)629-7536
Mendel S. Xaliff Insurance
P.O. Box 171225
San Antonio, TX 79217-1225
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 13YTHE POLICIESBELOW,
INSURERS AFFORDING COVERAGE
w hildabrand's Midway of Fun, Inc.
International Food Bazaar. Inc
P.O. Box $0332
Lighthouse Point. FL 33074
INSURERA General Star Indemnity Company
INSURER97
INSURER C:
JVSURERD•
INSURER E:
COVERAGES
HE POLL O-F--IRSUAANCE 06TED BEW HAVE EEN IWIDTO 701 INSURED NAMED ABOVE VOR THE POLICY RIOD INDICATED. TWITH NDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
TYPET*INSVRANCS
POLIGYNUMBER
DATEIMMlODlYY)
GATE(MIND
LIMITS
GENERAL LIA91LrrY
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01/19/2001
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$ 1.000,00D
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DESCRIPTION OF OPERAT1IMS&OCATIONSNEXICLEVEXCLUS a C IONS
ADDITIONAL INSURED AS RESPECTS INSURED'S OPERATIONSt ST. MALACHY CATHOLIC CHURCH, THE CITY OF
TAMARAC.�Ft. AND THE ARCHDIOCESE OF MIAMI LOCATION; TAMARACK FL
DATES: 11-16.00 THROUGH 11-19-00
CERTIFICATE HOLDER I I AmmoNAL INSURED;1uwkwt Leman CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Ba CANCULEO 0E►ORE THE
EXPIRATION DATE THEMOF, THE ISSUING COMPANY HALL ENDEAVOR TO AWL
3 ( DAYS WRITTEN NOMCI TO TH4 CERTIFICATE HOLDER NAMED TO THE LEFT,
5T. MALACHY CATHOLIC CHURCH
BUT rARURETOMAIL SUCH NOTICE LIM S NOORUCATIONORWASILITY
ATTN: MATT LYON$
OPAHXWNQI�P¢I' .1 RoPRESENYAY1Vf4.
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Jeffrey L. Miller
City Manager
jeffm@tamarac.org
City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 - Facsimile (954) 724-2454
October 31, 2000
Mr. Matt Lyons
St. Malachy Development Director/Plant Manager
6200 John Horan Terrace
Tamarac, FL 33321
Dear Ms. Lyons:
I am pleased to advise you that at its meeting of October 25, 2000, the
Tamarac City Commission authorized the appropriate City Officials to grant a
waiver of fees to the St. Malachy Catholic Church to conduct a carnival beginning
Thursday, November 16, 2000 through Sunday, November 19, 2000. This
Carnival will be located at the northeast corner of NW 61st Street and University
Drive in the City of Tamarac. Enclosed is a copy of the approved Resolution for
your records.
The Director of Community Development, Mr. J. Christopher King, will be
your contact for all matters. Please feel free to telephone him at (954) 724-1292.
However, if there should be any problems of a serious consequence, I expect
you to advise me directly and immediately.
The City looks forward to working with you in all future endeavors.
Sincerely,
Je r47Miller
City Manager
c: Director of Community Development
attachment
JLM/JCK/ep
Equal Opportunity Employer