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Home My WebLink AboutCity of Tamarac Resolution (293)September 17, 2002 - Temp. Reso. #9923 1 Revision No. 1 -- October 3, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2002µ293 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 LOCATED AT THE NORTHEAST CORNER OF NW 61 STREET AND UNIVERSITY DRIVE TO CONDUCT A CARNIVAL AND APPROVE THE SALE OF ALCOHOLIC BEVERAGES DURING THE OPERATION OF THE SAINT MALACHY CARNIVAL BEGINNING THURSDAY, OCTOBER 17, 2002 AND ENDING SUNDAY, OCTOBER 20, 2002, PROVIDING THAT SUCH APPROVAL IS CONTINGENT UPON OBTAINING THE REQUIRED PERMITS AND THAT ALL STATE INSPECTIONS ARE OBTAINED (CASE NO. 16- MI--02); PROVIDING FOR CONDITIONS OF APPROVAL; 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, St. Malachy Catholic School and other worthy causes; 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, October 17, 2002 and ending Sunday, October 20, 2002 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 is also requesting permission to sell alcoholic beverages during the operation of the Saint Malachy Carnival beginning October 17, 2002 and ending Sunday, October 20, 2002; and September 17, 2002 - Temp. Reso. #9923 2 Revision No. I -- October 3, 2002 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 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 located at the northeast corner of NW 61 Street and University Drive to conduct a carnival and approve the sale of alcoholic beverages during the operation of the St. Malachy Carnival beginning Thursday, October 17, 2002 and ending Sunday, October 20, 2002, providing that such approval is contingent upon obtaining the required permits and that all State inspections are obtained. 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. September 17, 2002 - Temp. Reso. #9923 3 Revision No. 1 — October 3, 2002 SECTION 2: That the appropriate City Officials grant a waiver of fees to the St. Malachy Catholic Church located at the northeast corner of NW 61 Street and University Drive to conduct a carnival and approve the sale of alcoholic beverages during the operation of the Saint Malachy Carnival beginning Thursday, October 17, 2002 and ending Sunday, October 20, 2002, 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. 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 obtained, 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 the hours of operation shall be Thursday, October 17`f' from 5:00 p.m. to 11:00 p.m.; Friday, October 18'hi from 4,00 p.m. to 12:00 Midnight; Saturday, October 29`p' from 12.00 Noon to 12:00 Midnight; and Sunday, October 201h from 1:30 p.m. to 11.00 p.m. 4. 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. September 17, 2002 - Temp. Reso. #9923 4 Revision No. I — October 3, 2002 and shall be continuous during the operation of the carnival beginning Thursday, October 17, 2002 and ending Sunday, October 20, 2002. 5. That the selling of alcoholic beverages is subject to regulations of the State of Florida Department of Regulations, Division of Alcoholic Beverages and Tobacco. 6. 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. ul 1 SECTION 6: passage and adoption. September 17, 2002 - Temp. Reso. #9923 5 Revision No. 1 — October 3, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002. ATTEST: 0 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. a a; g, MITCHELL S. KRAFT CITY ATTORNEY corn mdev\u:\pats\userdata\wpdata\res\9923reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 10/10/02 11:26 FAX 19547242453 CITY OF TAMARAC 0 002 -INDEMNIFICATION AND (HOLD HARMLESS AGREEMENT F This Agreement entered into on the day of , 200 .. is made by and between the City of Tamarac, a municipal corporation (hereinafter "CRY'), and t i i ',(hereinafter °VENDO t M 1i ITNE ETH w WHEREAS, CITY and VENDOR desire to enter into an agreement to provide and WHEREAS, the City Commission of the City of Tamarac has determined that the execution of this Indemnification and Hold Harmless Agreement is in tho public interest. NOW, THEREFORE, in consideration of the sum of and rather 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 shell indemnify, hold the CITY, 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 attorneys fees in connection with loss of life, bodily or personal injury, or 10/10/02 11:26 FAX 19547242453 CITY OF TAMARAC 19100.3 property damage, including loss of use thereof, directly or indirectly causes by, resulting Pram arising out of or occurring in connection with 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 Fisk 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 tusk 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 groward 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 10/10/02 11:27 FAX 19547242453 CITY OF,TAMARAC. IN04 its CITY COMMISSION, signing by and through its Mayor, authorized to execute same -by Commission action on the � day of 200 z2 * , signing by and through , duly authorized to execute same. ATTEST: By: Marion Swenson, CMC City Clerk Date: f f a 3 CITE` OF TAMARAC i r i, r ,doe Schreiber, Mayor Date: c' �T ay; g e rey L. Miller City Manager Date: ` Approved as to form and legal sufficiency: � z Mit+oh011 w Kraft City :Attorney 10/10/02 11:27-FAX 19547242453 CITY OF TAMARAC 005 U, My Commission Expires: Print or Type Name of Notary rd