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.