HomeMy WebLinkAboutCity of Tamarac Resolution R-95-010Temp. Reso. # 6966
Revised January 25, 1995
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, GRANTING APPROVAL FOR THE
TAMARAC ATHLETIC FEDERATION TO HOLD A "CHARITY
SOFTBALL TOURNAMENT FOR KATHY CYMBALISTY (KC)"
AT TAMARAC PARK, LOCATED AT 7501 NORTH
UNIVERSITY DRIVE, ON FEBRUARY 3,4 AND 5, 1995 AND
TO EXTEND THE HOURS OF THE PARK FROM 10:00 P.M.
TO 11:00 P.M. AND GRANTING APPROVAL FOR THE
TAMARAC ATHLETIC FEDERATION TO SELL BEER AT THE
TOURNAMENT FOR KATHY CYMBALISTY; PROVIDING
SUCH APPROVAL IS CONTINGENT UPON THE
EXECUTION OF THE HOLD HARMLESS AGREEMENT AND
PROVIDING A CERTIFICATE OF INSURANCE IN A FORM
AND AMOUNT BY FEBRUARY 1, 1995 ACCEPTABLE TO
THE CITY'S RISK MANAGER; PROVIDING THAT LICENSE
FEES BE WAIVED; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida, has received
a request from the Tamarac Athletic Federation to sponsor a "Charity Softball Tournament
for Kathy Cymbalisty (KC)" on Friday, February 3, 1995, through Sunday, February 5, 1995,
to benefit the Tamarac Athletic Federation and other worthy causes, and to extend the
hours of the park on Friday, February 3, 1995, from 6:00 p.m. to 11:00 p.m., on Saturday,
February 4, 1995, from 8:00 a.m. to 11:00 p.m., and on Sunday, February 5, 1995, from
8:00 a.m. to 11:00 p.m.
WHEREAS, the Tamarac Athletic Federation has agreed to hold the City
harmless of any claims whatsoever arising from the location, construction, all sales
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Temp. Reso. # 6966
Revised January 25, 1995
including beer, installation and operation of the tournament at Tamarac Park, located at
7501 North University Drive; and
WHEREAS, the City of Tamarac, agrees to waive all license fees for the
Tamarac Athletic Federation "Charity Softball Tournament for Kathy Cymbalisty (KC)'
providing a Certificate of Non-profit is provided; and
WHEREAS, the Parks and Operations Manager recommends approval; and
NOW, THEREFORE, BE IT SO RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA;
SECTION 1: The foregoing 'WHEREAS" clause is hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this Resolution.
SECTION_2: That the granting of approval of Tamarac Athletic Federation
to hold a Charity Softball Tournament for Kathy Cymbalisty on a City facility and to sell beer
at said tournament is contingent upon the City of Tamarac receiving an executed Hold
Harmless Agreement from the Tamarac Athletic Federation for any claims or act which may
arise as a result of the activities permitted by this Resolution and providing by February 1,
1995 an insurance policy in a form and amount acceptable to the City's Risk Manager.
SECTION 3: That the City Commission authorizes the Tamarac Athletic
Federation to conduct the tournament on Friday, February 3, 1995, from 6:00 p.m. to 11:00
p.m. and on Saturday, February 4, 1995, from 8:00 a.m. to 11:00 p.m. and on Sunday,
February 5, 1995, from 8:00 a.m. to 11:00 p.m., and to extend the hours of the park until
11:00 p.m. In no event shall the tournament extend beyond the hour of 11:00 p.m. on
Sunday, February 5, 1995.
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Temp. Reso. # 6966
Revised January 25, 1995
SECTION 4: That the City Commission authorizes the license fees to be
waived for the promotional event for the tournament, subject to the Tamarac Athletic
Federation submitting proof of non-profit.
SECTION 5: If any clause, section, other part of 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 & That the Tamarac Athletic Federation has volunteered and
agreed that all net proceeds received from the 'Tournament for KC", minus expenses, will
benefit the 'Tournament for KC".
$ECTIQN 7: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: 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 of
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 9: This Resolution shall become effective immediately upon its
passage and adoption.
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Temp. Reso. # 6966
Revised January 25, 1995
PASSED, ADOPTED AND APPROVED THIS S day of ,
1995.
ATTEST:
CAROL A. EVANS
CITY CLERK
II Hf REBY CERTIFY that I have
pr ved this Resolution as to form.
1TCHELL S. KRAFT
CITY ATTORNEY !
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COW
MAYOR AcBI=l��PA0%7tTZ
DIST. 1:
V l ?A KA'il_�_�__�
DIST.2:
COMM. WSHKIN
DIST. 3:
COMM. SCHREIBER
DIST. 4:
COMM. MACHEK
f�*
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Agreement entered into on the 20 day of JANUARY
1995 is made by and between the City of Tamarac, a municipal corporation,
(hereinafter "CITY"), and TAMUAu (hereinafter " TAF ") .
ATHLETIC FEDERATION
WITNESSETH
WHEREAS, TAMARAC ATHLETIC FEDERATION • and
WHEREAS, the City Council 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 ONE DOLLAR ($1.00) and other
good and valuable consideration received from TM , ` and In congideration of the
mutual covenants contained herein, the parties agree as follows:
Section 1: That TAF shall 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, 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 TOURNAMENT FOR KC
$ection 2: The above provisions shall survive the termination of this
Agreement and shall pertain to any occurrence during the tern of this Agreement, even
though the claim may be made after the termination hereof.
, ection 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: _ _ TAF shall provide the City's Risk Manager all necessary
Certificates of Insurance in such form and amounts as required by the Risk Manager.
. 1
won 5:--!A_F shall keep such policies of insurance in full force and
effect during the term of this Agreement and shall provide to the City's Risk Manager
Proof of payment of the required documents.
io - TAE shall provide the CITY with the requisite document
evidencing that the signatory for _ TAF has the authority to enter into this
Agreement.
Se-ction • This Agreement shall not be assigned without receiving City
Council approval.
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
COUNCIL, signing by and through its Mayor, authorized to execute same by Council action
on the e S day of 199 LEs7Ez a•U e- - signing by and -
through
�ETic FED16;eA �a v F
through P�t"�si T to duty authorized to execute same.
C�
ATTEST.
By
Carol A. Evans
City Clerk
C�
is -V-47.1
Mayor
Date: S 9
�
dgiROBERT S. NOE, JR.
CITY MANAGER
Date; 0-xuA.
Appro ed as to f
By;
Mit 'If K
City Attorney
2
ATTEST:
Corporate Secretary
—;---
(Corporate Seal)
STATE OF FLORIDA
COUNTYOF
TAMARAC ATHLETIC
FEDERATION
�J«
g:
PRESIDENT
R-
PLEASE PRINT NAME
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s) described
In and who executed the foregoing instrument and HE, acknowledged before me and
under oath that HE --executed the same.
• WITNESS my hand and official seal this 20 day of !ANuARY 1995.
NOTARY PUBLIC, State of
Florida at Large
J TTH YACOBELLIS
(Name of Notary Public:Print, Type
or Stamp name of Notary)
( ) Personally known to me, or
( g ) Produced identification DRIVERS LICENSE
Type of I.D. Produced
( )DID lake an oath, or (� ) DID NOT take an oath.
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BROWARD COUNTY VOTER REGISTRATION I
N G 879342 006H DEM
g'�PL REGISTRATION * PCT. PARTY
M w ll/10/51 3/15/77
SEX RACE rgIRTHLREG,-KEG.DATE
DONALD G TERRELL
1041 Sw 83 AVE
NORTH LAUDERDAL
ANk �CAIROIIL
SUPERVISOR OF ELECTIONS SIGNATURE OF VOTER
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A/�/I1t11. CERTIFICATE OF INSURANCE � � _ D01 of/qs:
PRooucER Far sarvicA , cA 1 I i THIS CERTIFICATE 1S ISSUED A8 A MATTER OF ItiFORMATIQNT
RIpHT3 UIaON tHE CERTIFICATE
FrAnc i Q I,. DeAT1 A
W�tRt-n, Illinois
�/665-7011
Ar-901•IAtPA, Inc.
No. 4067
speci.nl A.ctivi.ti.es Association and
ONLY AND CONFERS NO
HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND
l.-ALTF-it THE COVERAOR AFFORDED By THEE POCIER BRIT(.!'
COMAAN AlrFORDINO COVERAOI -- ---
COMPANY
ASCOTTSDALE INSURANCE COMPANY
COMPANY _ - NO MVER,AOIE FOR pARIIMA irs
GOWPANY R —.. _.- NwE► i C►r/1M L:' REQU 0
TAmrtr. ac Athletic Federation C
P. O. Sox 832677 COMPANY
Richardson, Texas 75083 0
nqPORCS IN it �� • NI4I4 IrCERTIPY THAT _ _... v......_ . _,��__ ....,_. ._.._..__.........,...
THE P`^L.I0IE9 OF INSUFIANCE I ISTFF) RPI CIW HAVF. AFFN iq�UED TO THE INSURER NAMED ABOVE FOR THE POLICY rEnicio
INDICA: NrItWl I HAT ANnRu Aldv AFcT1IMFMFNT, TERM OP CONUII ION CTF ANY CONTFIAGI CID OTHER DOCUMFNT WITH, RESPECT TO WHICH THIS
CIATIFII ATE MAY 8E ISSUED On MAY PERTAIN, TILE INCIInANC;F AFrO90F.n BY THE POLICIES DESCFIIBED HEREIN 19 SU04ECT TO ALL THE TrnMF
' _. EXGLl161 I�.d�lP�4Nn�TIS2N�_4f..�CH POLICI.EB,. L1M.IT9 AHOWN.MAY_HAVE BEEN REDUCED DY PAID Cl-AIMS. _.�_- �_. -�� _.,—.. _ ___
rYPE Of INSURANCE
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PAOe§FITYDAMAGE I /
DESCRIPTION Of OPERArIOIIflLOCATVON"tMCLSSSP[C,IAL ITiMI<
Cie y of ralerac
IWorthv6st 99th Avenue
ar, Florldi 33321
AUTO ONL Y
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6TATUTORY LIMITS
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DISEASE • POLICY LIMT
The Certificate Bolder is an Additional Insured as
respects the Haved Insured's operations and direct
use of claYiBO tacllillss, ._..._..T..,
CANC>ELLA'11aN .... .....
eHOUL.O ANY 61 TNK ASOV[ 6ESOM11110 POLICIES It CANCELLED SEPORE TWO
I EXPIRATION DATE YNEREOF, r"S I/SLIM a OCAVANY WILL ENDEAVOR TO MAIL
DAY! WRITT N ND TO TNS CERTIPICATE HOLDER NAMED TO W. LEFI,
i ■UT tAILU P TO ( H M& WIA IMPOSE NO OOLIpATM OR LIABILITY
or ANY GOAIPA j 06NTe OR RKPRCSENTATIVES.
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I, , as a representative of the Tamarac Athletic
Federation, waive the right to sell beer at the Softball Tournament for KC. due to the inability to
provide insurance at this late date.
f.
Lester Barr, President
ROTARY PU IC STA T Z OF FUMMA
Ftr E;. FP'Z.L�y19:5
60itiUM THRU Czci:':Ail ilia. UND.
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City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (305) 724-1230 • Facsimile (305) 724-2454
Robert S. Noe, Jr.
City Manager
January 26,. t995
Mr. Lester Barr, President
Tamarac Athletic Federation
9953 North Belfort Circle
Tamarac, FL 33321
CITY COMMISSION
Norman Abramowitz, M
Irving Katz, Vice Mays
Sharon Machek
Larry Mishkin
Joe Schreiber
I am pleased to advise you that at its meeting an January 25, 1995 the Tamarac City
Commission approved a resolution authorizing the Tamarac Athletic Federation to hold
their "Charity Softball Tournament for Kathy Cymbalisty (KC)" on Friday, February 3, 1995,
through Sunday, February 5, 1995. The Commission also approved the sale of beer,
contingent upon the City receiving an executed Hold Harmless Agreement and providing
an insurance policy is received by February 1, 1995. Both must be approved by the Risk
Manager.. Enclosed is a copy of the resolution. A copy of the executed resolution will be
forthcoming.
The City's Parks and Recreation Operations Manager, Edward J. Doyle, will be your
contact person in this matter. I expect him to work closely with you. If there should be any
matters of serious consequence, please advise me directly and immediately.
The City looks forward to working with you in this matter. If you have any questions,
or if I can provide additional information, please let me know.
Enclosures
Very truly yours,
Robert S. Noe, Jr. s "
Equal Opportunity Employer