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Home My WebLink AboutCity of Tamarac Resolution R-94-203Temp. Reso. * 6847 Revision *1 10/0T/94' Revision *2 10/07/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94 p?03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING APPROVAL FOR A PUMPKIN SALE TO BE SPONSORED BY HART-T-TREE FARM/ JOHN CHEFAS FROM, THURSDAY, OCTOBER 13, 1994, TO MONDAY, OCTOBER 31, 1994; AND FOR A HOLIDAY TREE SALE TO BE SPONSORED BY HART-T-TREE FARM/JOHN CHEFAS FROM THURSDAY, NOVEMBER 24, 1994 TO SUNDAY, DECEMBER 25, 1994; PROVIDING THAT SUCH APPROVAL IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT AND OBTAINING THE REQUIRED PERMITS; PROVIDING FOR CONFLICTS; PRO- VIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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 the Hart-T-Tree Farm/John Chefas to conduct a Pumpkin Sale on Thursday, October 13, through Monday, October 31, 1994, on vacant property located at the South East corner of University Drive and N.W. 64 Street, as Identified on Exhibit "A" attached hereto; and WHEREAS, the City of Tamarac has received a request from the Hart-T-Tree Farm/John Chefas to conduct a Holiday Tree Sale on Thursday, November 24, through Sunday, December 25, 1994 on vacant property located at the South East corner of University Drive and N.W. 64 Street, as Identified on Exhibit "B": attached hereto; and 1 Temp. Reso. * 6847 Revision *1 10/07/94 Revision *2 10/07/94 A WHEREAS, the Director of Planning Recommends Approval; and WHEREAS, the Hart-T--Tree Farm/John Chefas agrees to hold the City harmless of any claims whatsoever arising from the location, construction, Installation and operation of a Pumpkin Sale and Holiday Tree Sale and as attached hereto, as Exhibit "C", a Hold Harmless Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : The forgoing "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 granting of the approval for the Hart-T-Tree Farm/John Chefas to conduct a Pumpkin Sale and Holiday Tree Sale is herein contingent upon the City receiving an executed Hold Harmless Agreement from Hart-T- Tree Farm/John Chefas for any claim or act which may arise as a result of the activities permitted by this Resolution. SECTION 3 That the City Commission authorized the Hart-T--Tree Farm/John Chefas to sell pumpkins on Thursday, October 13, through Monday, October 31, 1994. In no event shall the Pumpkin Sale extend beyond October 31, 1994. P•l Temp. Reso. * 6847 Revision #1 10/07/94 Revision #2 10/07/94 SECTION 4 That the City Council authorized the Hart-- T-Tree Farm/John Chefas to sell Holiday Trees on' Yhursday, November 24, through Sunday, December 25, 1994. In no event shall the Holiday Tree Sale extend beyond December 25, 1994. SECTION 5 : That proper Insurance coverage be provided to the City In connection with the operation of the Pumpkin Sale and Holiday Tree Sale, as shown In Exhibit "D". SECTION 6 That clean-up of the property Is to be provided by the Hart-T-Tree Farm/John Chefas and shall be continuous during the Pumpkin Sale, Thursday, October 13, through Monday, October 31, 1994; and continuous during the Holiday Tree Sale, Thursday, November 24, through Sunday, December 25, 1994. SECTION 7 That the Hart-T-Tree Farm/John Chefas agrees that access to Its Pumpkin Sale site and Holiday Tree Sale site shall be limited to North West 64 Street and that such access and internal traffic flow shall be consistent with the plan attached hereto as Exhibit "E". SECTION 8 That the granting of City approval for the Pumpkin Sale and Holiday Tree Sale Is subject to the Hart-T- Tree Farm/John Chefas obtaining all appropriate permits, Inspections and licenses required in the operation of the Pumpkin Sale and Holiday Tree Sale and paying the required fees. I 3 1 Temp. Reso. * 6847 Revision *1 10/07/94 Revision *2 10/07/94 SECTION 9 All Resolutions or parts of resolutions In ' r conflict herewith are hereby repealed to the extent of such conflict. SECTION 10 : 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 11 This Resolution shall become effective Immediately upon Its passage and adoption. PASSED, ADOPTED AND APPROVED this /OZ day of 1994. A4 AAA ALA NORMAN ABRAMOWIT MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have RECORD OF COUNCI VOTE 70ajoived this RESOL ION as MAYOR ABRAMOWITZ m .. DIST. 1: V ! M KATZ de DIST. 2: C / M MISHKIN LM1-4TCHELL S . AFT DIST. 3: C / M SCHREIBER CITY ATTO EY DIST. 4: C / 1N MACHEK Ri yWy Cpp�qq W • 105 - OWNED IMF. RESO . ,847 F _ BELLE OF TEFME OF TAMARAC ;_6 � � n.r rr•. fr .. F "' ' S .. AA C �,� B-1 b s h _ •wr�•�cr M• � si 7Rl►CT O 4. ea iloir 0/6 ••Kr• • t V ow _ �.1. 1 Nw H•�7r ' r WgrtRWAY o li in ' � r = a � •v w• i! �� Sr � 4 � � h �i 11 1� w 1 • r. 1: 1. 1 UVI-i* ARAC 1nsb � 1 w ,4 PA0zece A" t ST. MALACHY M (95-36) K c . , f ,. F SUMMIT. PROF, w • COMPLEX B-6 ya 8.43• ; ns•-- •101 — 29) J PARCEL. t ? N � 4 OFr T ERR E OF ;-6 f N S TAMARA C ALaCaf:• "P ES ; • U o lie r pq ( q • ti rw a.• fr t CQ ii t• Y'Y B "1 , J •� p ti �•'• w •, R'A ►IRNAI ' � W Yt , • r.v al ^• JI :`, 1. ry 'R TRACT ^ a 'A• Br • � .. M y Now of —sr "TREE • R SI t + wATtr►rrAY o + 1 p .. t ItAQ Y \ 1 w. i1 • n h � A Y O � � `� � '� sr 105 T AR •� ... A I" PARCEe- A" °t �r OWNED t ' 14, =a1 r ST. MALACHY 2W. RKSO. T �a �t, s" . a aw r • 5847 y (95-36) YS -6 e, •6 ; -6 o a so RIST ST JAI � r At 46 b •' CANAL SUMMIT, PROF.jr, ,, . ,,� �_• COMPLEX 1 •�1 Q sr 7T r y 7 o •' OI — i.r V ) ; •p PI� � r i .• ��P+ • +r ~ r PARCEL ; c a rr SQ •�' •p a• '' "EXHIBIT "Cn u �I J EXHIBIT "D" . .. .� � L'I I I.. ,. --::1.''� I., if a w .. I L. = I• +___� LI {_ja li ,.— ___ �—CC__ti-.--C=C=..,--__=T_-•~---_— :__,_�.------------- r;�_r�=- =Tr=---=-=T=; . �; G- A-i RFITR' i1;-Z1F'{1F,MAiT{" ONLY AN ' TI I�I'�7N �F f!"'TTGTfarE 1.'nLLrEA i:lTw CERTTFrI"11•'� 7�JE'_ AJ'Yir �'nFtn. P._3HTS 'IiL j Y'TENi` L ; RP,,6E r"-rr!:, _Li c7 1PE PL �r 71ru9a - , L 0MPANiE:. F CIt is ; t.'LRAGE COMPANY I_GTTEr: A u iN):RA!_ A( CIDE.NI' i 15 COMPANY LETTER E r -.PANY LETTER C COMPANY LETTER D FL COMPANr LETTER E i ?FITS I`S '10 CrRTIFY !':!Al' P;'r_ICIE "1: INSU A,NCE L? .71EC BE:LOU HAVE BEEN ISSUED TO THE INSURED NAM►-D ABODE FOR THE POLICY >rRTCO r,inrf arr n �dCTWITHSTANCTNr ANY REQUIREMENT, r!�R?! OR !_�J:.rIfTrrN CF' ANY trrrllRACT OR rJ'rHE:R CC:IJFfENr IeTTH RESPECT n OHfCH THIS ^1'IFICAiE DAY BE TRUU'EQ OR MAY PERTAIN, (HE INSU;RAN1:E FORDEO BY THE POLICIES DESCRIBED HEREIN i5 SL' JFr;Y `0«+LL-!,!, r_am{cti»EXCLUSIONS, -AvO CONDITIONS _OF_RUCH_POLICIE.S_` LIMITS -'knWN�l!AY„F!AVE�QErN_REr!LrCEn DY_�AID-CLAIMS==_-=__-. fill TrY POLICY ik: F'F. r?:' 1;' ;1IiAN�.1F POLICY t?!;hSER ETF, CA,TE_ _fF_ DATE- ----- ---------==i_IMITS==----___ �E:[I_Ir;______________�.._-----_-=--�µ:ENERAL. tX? PC*" Lr_ r j !�; a7 n ( SAL ENERAL "BIL_TY I �L49C..W71- 4 � n/n� ae /. A`;G.REGAFE. ) , G= npf _Irll'rC--f'iiMPf(ip A,fjjj = /0'2/, a j v:'n * 1 rir5r....r. { ) CLAIMS MADE : �) UCCrJk, j PERSONAL AD,,, INJURY g 1 ( ) 1-rI,iNER'c .z CONTRACTOR'S °ROT, ! I EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) $ r i MEfl EXPENSE (ANY C!Ry FFac1 5,00') I' i --- -t- ---------__.._--------------------__,----------------------------------_----_-------------_---------_--------------_--- jAUTIIMI" T!'E LIABILITY j i COMBINwD SINGLE LIMIT r ( ) ANY A!,TO A!_L (WNEO AUrOS PERSON) a; j ( ) SCHEDULED A;JI'OS ( I BODILY INJURY (PER I ( 1 HIRED AUTOS ( ( ) mm-Omi-i!J AurO5 ( BODILY INJURY (PER A"v) s ( ) !:ARAGE LIABILITY i ---__----------------------------------------------------------- I PROPERTY DAMAGE ---___-_--___.._____...._ . _---------------------------------------- . ;XUES` LIA3ILITY i I r ) L'MCREI_LA t4kts I EACH (TCURRENCE I ( ) OTHER THAN UM4ELLA FORM j AGGREGATE: --__.._-----------------•----....____.____---.-------______.._----_----------_--_-------------____--____ -TATUTORY LIMITS I ;rrl _R. Eu R'•.' rCr�PEN4ATIQ�i ! 1 EACH �CCIDENr DISEASE -POLICY LIMIT � i ANO EMPLOYER '. LIABILITY l I OIIrEGSE-E,,*TH-EWI0YE,E, I r) THEP I I ....__��_____...._-----___--____________---------------____._-_____-------___---- �HCR'-f?rrnN OF oPE- PAT IONS/LOCATICPS/ VEHICLES/SPEC'IAL ITEMS --.____________________________.._______----.- ORIG:HLD? CC:INSD & CITY OF TAMARAC ADD'L INSD: CITY OF TAMARAC ¢+ HOLDER ALSO AC'O'L !NSO *} 7525 N,W• BSTH AVENUE LOC;S,E.CDRNER OF UNIVERSITY CR 6 OW 64 ST, TAMARAC,FL TAMARAC, FL 33321 CEPTIF.1"FE HOLDER' I CANCELLATION -- CRUC-r• EG:�N ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE '17AA CALT 'TEAK DRIVE EXPIRATION PATE FHEPEOF, THE ISSUING COMPANY !.DILL ENDEAVOR !'0 MAIL IT. !_iIU)ERDALE, FL I 10 DAYS IdRITTEP! NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, r BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO CFLIGArIeN OR LIASTL:rY r OF ANY KIND UPON THE COMPANY, I1•S AGENTS UP,REPRESENTATIVE-- _ AUfHOwIZED irPREs[NTAlIvE u�UD-r� 4042566 730 REINSURANCE FACILITY RTH CAROU NA FARM BUREAU MUTUAL INSURANCE COMPANY PART B DECLARATION PAGE 'O BOX 27427 RALEIGH. NORTH CAROLINA 27611-7427 PERSONAL AUTO POLICY DOLICY RENEWAL DECLARATION — COVERAGE WILL IXPIRE ON 09/03/94 IF PREMIUM IS NOT PAID BY THE DUE DATE SHOWN ON THE STUB BELOWAh - JAP 4042566 109/03/94 103/03/951 0836777 JOHN STEVEN CHEFAS PO BOX 35 GRASSY CREEK NC 28631 005Z205 No CARROLL ROTEN TELEPHONE — 910/246--8828 P- O• BOX 767 JEFFERSON, NC 28640 - 1ICLES COVERED TYPE SYM/ STATED IT ST TER YR MAKE VEH- SERIAL NUMBER OCN AMT- CLASS SDIP 1 NC 024 90 FORD FZ50 PU 1FTHF2GHZLNB0948 18000 1AF 00 Z NC OZ4 90 LINC TOWNI CAR C PP 1LNLM83F1LY654766 11 1AF 00 3 NC 024 68 JEEP PU JSA45HC784845 1AF 00 SURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE. VERAGE LIMITS OF LIABILITY PREMIUMS UNIT 1 2 3 30DILY INJURY $100r000 EA PERSON $300000 EA ACC 47.00 47.00 47.00 PROPERTY DAMAGE $509000 EACH ACCIDENT' 24.00 24.00 24.00 MEDICAL PAYMENTS $29000 PER PERSON 7.00 7.00 7.00 UNINS/UNDERINS MTR BI $100000 EA PER $300000 EA AC 22.00 22.00 22.00 UNINSURED MOTORIST — PROPERTY DAMAGE $509000 2.00 2.00 2.00 TOTAL BY UNIT 102.00 102.00 102.00 Lr -------------------------- --- ILLING STATEMENT IT PREM $443.00 JRR PREM $443.00 ,LANCE S443.00 AMT DUE $443.00 JE DATE 09/03/94 EXHIBIT " D" EXHIBIT "D" September 15. 1994 4 to LETTER OF rNDEIVtNIIC The City of Tamarac FROM: John Chefas d; b; a, Hart-T-Tree Farms Hart-T-Tree Farms does hereby agree to indecnniiti, and save the City of Tamarac from any and all claims. liability. losses and causes of action which may arise out of the activities of Hart-T-Tree Farms- its went. employees and patrons of the pumpkin and Christmas tree sales at the Vacant lot at the SE corner of Universit<' Drive and 64th Street owned by Bruce Egan. liars-T-Tree Farms agrees to pay ail claims, losses of any major nature whatsoever in connection therewith. whenever applicable and pay all costs and judgments which issue there from. PW,129�__ John Chetas or I i ; I PLAN 1' 1 IM 0 all i- • 1 EXHIBIT liCit INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the 20t day of��- 1994, is made by and between tle rC,ity of Tamarac, a municipal corporation, (hereinafter " G�eh� C'�r CITY"), and ir� f-��M (hereinafter " G'�i ref r N) . WITNESSETH WHEREAS, C'hClr s 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 and in consideration of the Smutual covenants contained herein, the parties agree as follows: That 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 �u m 042A/ ,� �'/��,� •� P /� EAQUZ2: 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. C rShall provide the City's Risk Manager all necessary Certificates of Insura nce in such form and amounts as required by the Risk Manager. EXHIBIT "C" �L 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. �� n, 10 shall provide the CITY with the requisite documen evidencin r t g that the signatory for �h has the authority to enter into this Agreement. ection • 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 y of 1994; signing by and through �_C�, s �cv,vEk J duly authorized to execute same. ATTEST: By 1 Carol A. Evans City Clerk Date: (0,,;ti: AL, % y 4 y AW-6& prjal#� ROBERT S . NOE , JR . K h el� CITY MANAGER Date: �,f /9 2 to form: Mitchell S. K City Attornew, 0 0 I EXHIBIT "C" � 1�-.Z10;�) 0 ( c HART-T-TREE FARMS y, PLEASE PRINT NAME JOHN CHEFAS, INDIVIDUALLY OWNED 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 JJo to be the person(s) in and who exe uted the foregoing instrument and kn�e own acknowledged before mer'bed and nder oath that executed the same. WITNESS my hand and official seal this � day of I94`1 TARY PUBLI State of Florida at Large (Name of Notary Public:Print, Type 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. NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR.25,199'S BONDED THRU GENERAL INS. UND. 3