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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-003Temp. Reso. #6947 1 December 29, 1994 Rev. #1: Jan. 5, 1995 Rev. #2: Jan. 6, 1995 Rev. #3: Jan. 10, 1995 Rev. #4: Jan. 11, 1995 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95-�L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING APPROVAL FOR ST. MALACHY PARISH TO CONDUCT A CARNIVAL FROM WEDNESDAY, JANUARY 25, 1995, TO SUNDAY, JANUARY 29, 1995, ON CHURCH PROPERTY LOCATED AT 6200 JOHN HORAN TERRACE; PROVIDING THAT SUCH APPROVAL IS CONTINGENT UPON THE EXECUTION OF HOLD HARMLESS AGREEMENTS AND OBTAINING THE REQUIRED PERMITS; PROVIDING ALL REQUIRED STATE LICENSES ARE OBTAINED; PROVIDING FOR WAIVER OF ALL APPROPRIATE FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PRQV-JDINQFOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has received a request from St. Malachy Parish to conduct a carnival on Wednesday, January 25, 1995, through Sunday, January 29, 1995 on church property located at 6200 John Horan Terrace, as identified on Exhibit "A" attached hereto; and WHEREAS, St. Malachy Parish is an non-profit organization and requests waiver of all fees; and 1 1 Temp. Reso. #6947 2 December 29, 1994 Rev. #1: Jan. 5, 1995 Rev. #2: Jan. 6, 1995 Rev. #3: Jan. 10, 1995 Rev. #4: Jan. 11, 1995 WHEREAS, the Director of Community Development recommends approval; and WHEREAS, St. Malachy Parish and Hildebrands Midway of Fun, Inc. agree to hold the City harmless of any claims whatsoever arising from the location, construction, installation and operation of a carnival and as attached hereto, as Exhibit "B", Hold Harmless Agreements; and WHEREAS, St. Malachy Parish has requested permission to sell beer at the carnival, upon showing evidence of State approval of a 4COP License. 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 approve a request from St. Malachy Parish to conduct a carnival on Wednesday, January 25, 1995, through Sunday, January 29, 1995 on church property. 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 is hereby made a specific part of this Resolution. SECTION 2: That the granting of the approval for the St. Malachy Parish to 1 1 L Temp. Reso. #6947 3 December 29, 1994 Rev. #1: Jan. 5, 1995 Rev. #2: Jan. 6, 1995 Rev. #3: Jan. 10, 1995 Rev. #4: Jan. 11, 1995 conduct a carnival is herein contingent upon the City receiving an executed Hold Harmless Agreement from St. Malachy Parish and the carnival company, "Hildebrands Midway of Fun, Inc.", for any claim or act which may arise as a result of the activities permitted by this Resolution. SECTION 3: That the City Commission of the City of Tamarac authorized St. Malachy Parish to conduct a carnival on Wednesday, January 25, 1995, through Sunday, January 29, 1995. In no event shall the carnival extend beyond January 29, 1995. SECTION 4: That proper insurance coverage be provided to the City in connection with the operation of the carnival, as shown in Exhibit "C". SECTION 5: That clean-up of the St. Malachy Parish property is to be provided by the St. Malachy Parish and Hildebrands Midway of Fun, Inc. and shall be continuous during the carnival, Wednesday, January 25, 1995, through Sunday, January 29, 1995. SECTION 6: That the hours of operation for the carnival shall not be conducted between the hours of 10:00 PM and 8:00 AM during the set-up, operation of the 1 1 Temp. Reso. #6947 4 December 29, 1994 Rev. #1: Jan. 5, 1995 Rev. #2: Jan. 6, 1995 Rev. #3: Jan. 10, 1995 Rev. #4: Jan. 11, 1995 carnival, and dismantling of equipment. SECTION 7: That the selling of beer is subject to regulations of the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for a temporary 4COP License. SECTION 8: That the granting of City approval for the carnival is subject to St. Malachy Parish obtaining all appropriate permits, inspections and licenses required in the operation of the carnival and that all applicable Building permit fees be waived but the waiving of these fees shall not eliminate the requirement to have regulatory agency inspections. SECTION 9: That Captain Goldstein of the Broward Sheriffs Office (BSO) has recommended that two (2) off -duty police officers be required, and it is the recommendation of the City Manager that this be a condition of the City Commission's approval of the carnival permit and it hereby is required that two (2) off -duty BSO Sheriff Deputies or Florida Highway Patrol Officers in uniform be required. SECTION 10: All resolutions or parts of resolutions in conflict herewith are 1 1 I Temp. Reso. #6947 December 29, 1994 Rev. #1: Jan. 5, 1995 Rev. #2: Jan. 6, 1995 Rev. #3: Jan. 10, 1995 Rev. #4: Jan. 11, 1995 hereby repealed to the extent of such conflict. 5 SECTION 11: 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 12: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this // ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this R I AN E a;of I HELL S.CITY ATTOR day of , 1995. INORMAN ABRAMOWITZ MAYOR RECORD OF COMMISSION VOTE MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: COMM. MISHKIN DIST. 3: COMM. SCHREIBER DIST. 4: COMM. MACHEK EXHIBIT A I7070 I v r pW a 1. 0 RI • \ co V f .� N SgpD a al 1 ap0 �; I fge�es < 8 d �ao z I�� I •� r N p p� of Co_ N 77-50 1� C _ y> u1 r z m Ll- N it N W -4A y W VILLAGE 0° I CONCORD _ B-, a �~ DWI 1 I 79-56 a, yN 11 1 _ B5-55 W . W N W ? "' CM N U) n I n W U I I TAw P'AC POINTE r i IN r EXHIBIT B 0 11 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the 28TH day of DECEMBER 1994, is made by and between the City of Tamarac, a municipal corporation, Hildebrand's (hereinafter "CITY"), and Midway of Fun?, (hereinafter " HMF ") . Inc. WHEREAS, HILDEBRAND' S MIDWAY OF FUN, INC. ; 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 HMF and in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1: That HMF 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 ST. MALACHY PARISH CARNIVAL Section 2: The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 5ectign I 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: HMF shall provide the City's Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. 1 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. e 9 io 21F shall provide the CITY with the requisite document evidencing that the signatory for HM has the authority to enter into this Agreement. Section • 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 -1L day of 199 5, o 14D-GAeAabs M 40&04 r . _.F Eu.44 =NC^. , signing by and through c duly authorized to execute same. Pj ATTEST. By: Carol A. Evans City Clerk 0 CITY O TAMARAC: B. Mayor Date: / s-. n By. ROBERT S. NOE, JR. .� CITY MANAGER Lary Attorney K • A EST: Corpora Secretary (Corporate Seal) STATE OF FLORIDA : SS 100, �j[CPR IDENT `-Q Tr�Q r PLEASHO PRINT NAME " rC 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 0- 7- to me known to be the person(s) described in and wh executed the foregoing instrument and Sle—acknowledged before me and under oath that gl&—executed the same. WITNESS my hand and official seal this a e day of19W TARY PUBS. , State of Florida at Large -�� �r�"It y.4cOr3LLG/S (Name of Notary Public:Print, Type or Stamp name of Notary) ( ) , Personally known to me, or I ( i.-� Produced identification D f 1y e cs L Ce n-ye— Type of I.D. Produced DID take an oath, or () DID NOT take an oath. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 0 9 This Agreement entered into on the 6 day of JANUARY 1995; is made by and between the City of Tamarac, a municipal corporation, (hereinafter "CITY"), and ST • MALACHY PARISH (hereinafter " SMP ") . WITNESSETH WHEREAS, ST • MALACHY PARISH • 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 SMP and in consideration of the s. mutual covenants contained herein, the parties agree as follows: SeCV013—tThat SMP 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 THE CARNIVAL Sokil2: The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement even though the claim may be made after the termination hereof. 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: SMP shall provide the City's Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. 1 �¢i 6; SMp Shall keep such policies of insurance in full force and 40 • 0 effect during the term of this Agreement and shall provide to the City's Risk Manager Proof of payment of the required documents. i S shall provide the CITY with the requisite document evidencing that the signatory for S_ has the authority to enter into this Agreement. e io 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 11 day of JANLTARY 1995; ST. MALACHY PARI H sighing by and through REV. DOMINICK O'DWYER E. duly authorized to execute same. ATTEST: By: Carol A. Evans City Clerk Date: ROBERT S. NOE, JR. -�I m CITY MANAGER Date: Approve4 as to fo r By: / Mitchell S. Krift City Attorney 2 r ATTEST: Corporate tocretaty r (Corporate Seal) STATE OF FLORIDA : : SS COUNTYOF ST. MALACHY PARISH REV. DOMINICK O'DWYER PLEASE PRINT NME 1 HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared "REV. DOMINICK O'DWYER - to me known to be the person(s)'described In and who executed the foregoing Instrument and acknowledged before me and under oath that HE executed the same. WITNESS my hand and official sea( this 6 day JANUARY 1095. 0 _ ft A • NOTAF Y PUBLIC, State of Florida" ge,1F11,i= DORIGO ':ti4t f otar..Y STATE 0� F \Pu); Puc � y CGrnrn �npRIDA (Name of Notary Ili int, 1�pe or Stamp name of Notary) ( �) Personally known to me, or ( ) Produced. identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 3 N I[] HN T 9 2: 22 1047 4 MlNOLTAFAk PAX r 1 y Will Adhere to the Fire Department's site plan in full. 194 x Ica FMA ALLIED SPECIALTY INSURANGE� ING. 10451 Gulf Boulevard Treasure Island, Florida 33706 To L L FrQe 1-800-237- = National 3-80008?--677b Florida Certificate Number; 00077 CERTIFICATE OF INSURANCE This certificate neither affirmatively nor negatively amends, extends or a It erw the coverage afforded by the p o l icy( ies) described hereon and is issued as a matter of information apt confers no right upon the holder, The pol ic4 ies) Identified below by a policy number is in force on the gate of certificate issuance, Insurance is afforded only with respect to those coverages for which a specific Limit of Liability has been entered and is subject to all terms of the policy having reference thereto . Nothing herein contained shall modify any provision of said policy. In the event of canceLlation of the policy, the company issuing said policy wi LL make all reasonable effort to send Notice of Cancellation to the certificate ho Lder at the address shown hrarein, but the Company assumes no responsibi Li ties for any mistake or failure to give such notice, Any insurance made a part of the po L i cy Inc Ludes as a person Insured with respect to an occurrence taking place at a CARNIVAL site, (1) the Fair or exhibition association, sponsoring organization or committee (2) the owner or Lessee there of (3) a municipality granting the Named Insured permission to operate a(n) CARNIVAL, but only as respects bodily injury or property damage caused by or contributed to by the ne+gi. igence of the Named Insured while acting in the course and scope of their employment, NAME & ADDRESS OF INSURED Hi Ldeb rand Midway of Fun 01kBox 404 ican Rapids, MN 56672 NAME & ADDRESS OF CERTIFICATE HOLDER; City of Tamarac PRIMARY COVERAGE COMPANY; General i Assicurazioni S.P.A. Po L icy Number; 94G/1686 LIABILITY LIMITS AGG Food Products! Po L iCY Period: From; 4/01/94 To; 4/01/95 ADDITIONAL» INSURED; City of Tamarac, St. Malachy Catholic Church DATES: Jan- 23 EXCESS COVERAGE Bodily Injury & Property Damage to Jan- 30, 1995 Bod I ly In jury & Property Damage Excess of 0/00/00 0/00/00 0/00/00 0/00/00 * -- COMBINED SINGLE LIMIT Coverage shown herein applies only to those items scheduled on or endorsed to the policy, This certificate is not valid unless an on g i na L signature appears below, (Copies Not Valid) �J wemtter_D�x_J W ��a to of CMert NOW YOUREW o`—' —�u�har t z�� 1 yna�uri' IT C ZA ALLIED SPECIALTY INSURANCE, INC.