Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-94-006K Temp. Reso. # 66,2-C CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97 A RESOLUTION AUTHORIZING ST. MALACHY CHURCH TO CONDUCT A CARNIVAL ON WEDNESDAY, JANUARY 19, THROUGH SUNDAY, JANUARY 23, 1994, ON A PORTION OF VACANT PROPERTY ON N.W. 57 STREET, EAST OF PINE ISLAND ROAD; CONTINGENT UPON APPROVAL AND THE EXECUTION OF A HOLD HARMLESS AGREEMENT; PROVIDING THE REQUIRED BUILDING PERMITS AND CITY LICENSES ARE OBTAINED; PROVIDING ALL REQUIRED STATE LICENSES ARE OBTAINED; PROVIDING FOR WAIVER OF ALL APPROPRIATE FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Saint Malachy Parish wishes to promote a carnival to benefit the Saint Malachy Parish and other worthy causes; and WHEREAS, Saint Malachy Parish has requested authoriza- tion to conduct a carnival on Wednesday, January 19, through Sunday, January 23, 1994, located on a portion of vacant property on N.W. 57 Street, East of Pine Island Road, as identified in Exhibit "A"; and WHEREAS, Saint Malachy Parish has submitted a Hold Harmless Agreement to the City for this event and has agreed to hold the City harmless of any claims whatsoever arising form the location, sale and operation of the carnival function, as identified in Exhibit "B"; and WHEREAS, Saint Malachy Parish is a non-profit organiza- tion and requests waiver of building permit fees; and WHEREAS, Saint Malachy Parish has requested permission to be able to sell beer at the carnival, upon showing evidence of State a-pproval of a 4COP License. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Temp. Reso. �(a 1� SECTION 1 : That the granting of the approval for the carnival is subject to an executed Hold Harmless Agreement between the City, and Saint Malachy Parish, Saint Malachy 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, dam- ages, costs, expenses and attorneys fees which the City shall suffer by virture of defense of or response to any claim being made against or in connection with the carnival. SECTION 2 That the City Council hereby authorization for Saint Malachy h to dParisconduct grants a carnival on Wednesday, January 19, throu h S 17 g unday, January 23, 1994 on 18 a portion of vacant property located on N.W. 57 Street, East of Pine Island Road. 19 SECTION 3 : That 20 Proper insurance coverage shall be 23. provided to the City in connection with the operation of the arniva1. Said 22 coverage shall be approved by the City's Risk 23 onager as to form and amounts of coverage. (Insurance ertificates attached hereto as Exhibit .�xhibit SECTION 4 The hours of 25 operation for the carnival hall 26 t not be conducted beween the hours of 10:00 P.m. and :00 a.m. during the set-uP,'operation 27 dismantling of the carnival, and of equipment. 28 SECTION 5 : That Building 2 Permit fees shall be waived t the 3requirement waiving of these fees shall not eliminate the to have regulatory agent 31 in Y spections. 32 SECTION 6 That the selling of beer is subject to gulations of the State of Florida 33 11 De Partment of Business gulations, Division of Alcoholic Beverages 9 and Tobacco for to porary 4 COP License. 35 -2- 1 2 Temp. Reso. np 3 4 5 SECTION 7 That cleanup of the property is to be 6 provided by Saint Malachy Church and said cleanup shall be 7 continuous during carnival time period of Wednesday, January 8 19, through, Sunday, January 23, 1994. 9 SECTION 8 This Resolution shall become effective immediately upon adoption. 10 11 PASSED, ADOPTED AND APPROVED this /,2 day. of 1994. 12 13 14 NORMA,N ABRAMOWITZ 15 ATTEST: MAYOR 16 17 4CROL A. E ANS, CMC CITY CLERK _ 18 19 I HEREBY CERTIFY tha I have approved this this Reso Lion as 20 ° f II/ / MPTCHELL S. CITY ATTORN ST.MALACHY-CAR/JY RECORD OF COUNCIL VOTE MAYOR 13FNCER D I ST 1: DIST. 2: C /A DIST. 3: DIST. 4: C / IVI AF3,RA?-,�?0WJ7 =19 r� 0 D El D • C SIT-& 11f - A 81cr Fop t yl µ ; i� ,So bi , `" �s f zsl.1� , , s w W EXHT,RIT "A"rn •;, j s .o o N w� LIN, Z - T y ', a M•:ri� yy � . MITa� µ i �r..R—tea,.•. - t _ 45 SC 47 _i O Gt`. ° ry CO • \ y 1 .R a Be 4Y• 4y fe ' J r N ►til ° — _ /V W Fi Z a, V 9n 5T z sr r a \ • I ST r 4 " I o •� , sr — 71 s h A r w O - / D r ^ .--. .` Z `) v� N.W. 80th T T* C V , N C� ria 'n N VJ w rn �A rr rn 0 MC) n N rr H r N ° rn e u M 'x vw 7 9 TN 4V� t 3$7 N-W. 79 AVE, ..00 i N aX x 2 U Im A N �'° 0 t°, Cn o , _ ... n 'm m A N.W. 78th TERR. THE HOPKINS (119-15) c7 v ' ° (4Z- 31) , v I� N g =• = OUTHERN "A N.W. 78th WAY PLAZA 84-21 o U 8 a a C GOLD -TAM SHOPS (119-10) 711 a o L '¢ -0 PP Lo -4 .ns N.W. 77th AVE. N --+1 A D m n (A � ro c '-` m D Q1 rn o 4 Mm q > cn Y �rnCo : F � > v m m . rn � =� n m 666r � r d m C i1 r d EXHIBIT "A" r. 0 r INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement entered into on the 12 day of JANUARY 1994, is made by and between the City of Tamarac, a municipal corporation, (hereinafter "CITY"), and ST . MALACHY (hereinafter " MALACHY " ) WITNESSETH WHEREAS, ST . MALACHY CHURCH ; 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 ($1.00) and other good and valuable consideration received from MALACHY and in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1: That MALACHY shall indemnify, hold the CITY, its officers, employees and agents harmless and defend the CITY, its officers, employees and agents from any and all claims, causes of action, damages, costs, expenses and attorney fees which the CITY shall suffer by virtue of the defense of or response to any claim being made against it in connection with THE CARNTVAL C2.: The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. This Hold Harmless Agreement is in addition to any other Agreement entered into by the parties and supplements other Hold Harmless Agreements entered into by the parties. ,-$ t� jpl� 4: MALACHY shall provide the City's Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. 1 '0 r. fiction 5, MALACHY 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. Section 6: MALACHY shall provide the CITY with the requisite document evidencing that the signatory for MALACHY _ has the authority to enter into this Agreement. SeclionThis 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 124day of , 1994;ST, MALXH a WRcli , signing by and through it iEicK--c'OWYCK duly authorized to execute same. ATTEST: 6L-6�Z-Z a� V Carol A. Evans City Clerk CITY By: TAMARAC: Mayor Date: pL3 irRT S NnE c iTY t,1.4&4G=�� Date: _ -1) )1"i �► Appro as to for : Apprjo By: itchell S. KratK City Attorney 2 0 ATTEST: a Corporate Secretary (Corporate Seal) STATE OF FLORIDA SS COUVfYOF _ �XH1617 P,46- �-- -a ST. MALACHY CHURCH y 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 REV. DOMINICK O'DWYER 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 -.!LE—executed the same. WITNESS my hand and official seal this 12 day of JANUARY 19 94 IJA TARY PUffidf, State of Florida at Large of 3 JUDITH YACOBELLIS (Name of Notary Public:Print, Type or Stamp name of Notary) ( x ) Personally known to me, or ( ) Produced identification NOTARY PUBLIC STATE OF FLORIDA Type of I.D. Produced MY' COMMISSION EXP. APR.25,1995 BONDED THRU GENERAL INS. UND. ( x ) DID take an oath, or ( ) DID NOT take an oath. 3 [] LJ L HOLD HARMLESS AGREEMENT Silver Dollar Shows, Inc. shall indemnify and hold harmless the City of Tamarac, Florida, St. Malachi Catholic Church and Lateral Partners, their agents, officers, employees and volunteers for and against all claims and damages, losses, and expenses including attorney fees arising out of or resulting from their operations on the dates January 19, 1994 through January 23, 1994, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death, or to injury to or destruction of tangible property including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of the contractor, any sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Provisions for this agreement are included in the Broad Form Contractual part of Homestead Insurance Company Policy #131CAE0028. December 29, 1993 Signature of Authorized Rep,iesentative �X 1 1 l,6/ 7— 'C " DAIS E l a I- -Z I• 10 46 $905 846 0488 GALLAGHER BASSET Z 002 CERTIFICATE OF INSURANCE IS5UEDATE(M?l&DDiyy) z�.....a,.,_,.:�,.:,..•.;�...>.,.r.>>;. �:xAr,:..;,,.,:;Mw<�.,,,..... , : I2/29/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NC RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND Arthur J. Gallagher & Co. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- ; c/o Gallagher Bassett Services, Inc P.O. Box 02-5288 COMPANIES AFFORDING COVERAGE r Miami, FL 33102-5288 Company er y A Lloyd's of London and Other Companies Phone: (305) 592-6084 Lett INSURED Company Archdiocese of Miami Letter Company C 9401 Biscayne Blvd, Miami, FL 33138 Letter Company ID Letter Company E Letter COVERAGES , IH IS A TO CE011710 Y TMA T POLIC1E S qR INS URA NU 41S TED/EL OW HAVE SE E N 15 WE 0 TO THE INSURED NAME D AEOVE F OR THE POU CY PE RI OD INDICA T[D N01 WI, OR COMO$TION Or ANT CON TRAC1 FM OR OTHER DOCUMENT WITH RESPECT TO WnICH TS CEAT1rtcArs MAY e[ 1SSVEp OR MAY PERTAIN. THE INSu"Ner A 01 WI tMSIAMOIHGMEgVIRI1+FN1 IF11ti tJ Er THE 1'OL1GANT [7ES4IE.eED /AREnr I Sue 14 CT T O oat L rNp 1 E RIMS_ E 1t 4 V SONS, Np CONDITIONS Of SV CN PO41C1[S, G I TYPE Of 7NSURANC[ LIAXLMY LIMITS MI LTi eOIICY'MUMaER "Tr lYYYppE P4l1CY EItP1RATSOg1 THOUSANDS D1T't (YY/pp/S'n -;i... Ead% A General Liability ''Modify .'.... © ComprePromI" dOp re Form Qualified Self Insurer V1J93 4/1/94 injury s s Q Underground Explosion ISL 5493 & ICO 7203 ❑ Underground Explosion Property ACollapseMasard Dmas S ® PrrlductOCompleted Operations AI IL Po TGN s600 (� Contractual Combined a Independent Contractors 51A Broad Form Property Damage x Personal injury saw ✓•erfgnat l ] Claims Made Form nivey A Automobile liability MrafwAng SIRa.dH Mw © Any Auto Qualified Self Insurer 4J7J93 4J1Jy4 ❑ All Owned Autos (Other than to., s ❑ All Owned Autos (v Pass? ISL 5493 & ICO 7203 y PrV Pass) N ry S .«rs^,•.• a• ., ❑ HiredComp. 8 Coll n-Owne ❑ Nen-Owned . OArhi� s ,:;r,••:.~±.,��;. Deductible ❑ Garage Liability SSO� 4 - 99 Claims Made Form 61 a PO Si°O 9 eowelNPs IndSMt Excess Liability 0 Umbrella Form p a Py s s © Other Than Umbrella Farm c.,wn.r Workers Compensation S�tutor And Employers' Liability rIE.eI A� rOirwrIrl L.wrq Other �� Ead1 E PlIlleseriplion of Operations/Locations/Vehicies/Special Items St, Malachy Church Carnival at Commercial Blvd. & 79th Ave. On —624. lQb Moran Terrace Tamarac FL 33321 January 19 - 23, I994 CERTIFICATE----- MOLDER " I CANCELLATION Additional insured SOi01y AS Repsect'Tp This Event: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFpRE THE r . EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL IQ C1t7 OP Tamarac DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUI FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF AN, 7525 N.W. 88th Avenue "., KIND UPON THE COMPANY, ITS ENTSORREPR NTATIVES. Tamarac-, FL 33321 Authorized Amara re,�4 M you have any questions, please R# rG Ertl? ........... � 0 SENT BY:MENDEL 5 KALIFF INS, ;12-30-93 ;12:29PM ; A4101 ).g P IIOOUCER . < . x ^•3.t;.J s di,'giaa l;Y .),. Mendel S. Kalif$' P.O. Box 171225 San Antonio TX 76217 210-829-7634 21082976364 13057242453;# 1 ,A;"4 L��=` a '�d ii< r.3t��j �yF� DATE fmm/e0'In THIS CEATIFICATE 18 ISSUED AS A MA DNILY AND CONFERS TTEA OF INFOfiMgTI01V 4 LDER, THIS CERTIFICATE DoErl NOT AMEND,PON THEGEk EIHp pq ALTER THE COVERAGE AFFORDED — THE POLICIES COM9ELOW, PANIES AFFORDINf: d MV=CbA^V COMPANY INsuasb A Homestead Silver Dollar Shows, Inc. COB' P.O. Box 789 Homestead In East Moriches NY 11940 COMPANY 0 General tar COMPANY urance C F*i ity..Co. THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H�¢e.C&3�I,Sii3rr$AVE BEEN ,t;?iltSi<a.�i.4t`?e£8 Ir.>k.f�Pa�IA•R'nIS. i e a sP1`i INDICATED, NOTWITHSTANDIND ANY REQUIREMENT, ` CERTIFICATE MAY BE Issue[) OR MAY EXCLUSIONS AND CONDITIONS OF SUCH TERM OR CONDITION OF ANY CONTRACT OR OTNOURED NAMED HER DOCUMENT RWER BPTME POLICY PERIOD PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES ECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY RUMSER POLICY EFFECTIVE POLICY tXPIRATION OtNSRAL LIABILITY DATE (MMMDrM DATE (MM/OD/1'1') LIMITS A X COMMRRCIAI QENERAL LIABILITY 131 CLAIMS MADE 1] Q=Fj CAE 0028 GENERAL AGGREOATIE !1 3 0 4/ 2 9/ 9 4 PRODUCT& - COMP100 AAQ t 1 0 0 0 0 0 OWNER'S 6 OOWR4CTOR9 PROT PERSONAL A ADV INJURY ! 100000 BROAD F0RM CGL EACH °CCUFFIE"C 10 0 n o 0 FlPE DAMAO E (Anyone Mr.) : 5 0 0 0 AUTOMOSII.E WBIUTV MED E7(P �, one roen) S 1 00 B X ANYAUTO CPP ALL OWNED ALROS 03341 0 3/ 0 8/ 9 3 0 3/ 0 8/ 9 4 COMBINED SINGLE LIMIT 2 1 000 SCHEDULED AUTOS BODILY INruRr X HIPEDAUTOS iF'MP—) i X NON -OWNED AUTOS O eY INJURY ' GARAGE UADJUTY PROPERTY DAMAGE $ ANY AUTO AUTO ONLY - EA ACCIDENT • OTHER THAN AUTO ONLY, EACH ACCIDENT S EXCESS UABIUTY AGQREQATE S C UMBRELLA FORM I XG 313852 EA` �a� H °Ncr $ 5 0 0 0 0 X OTHER THAN UMBRELLA FORM 0 4/ z 9/ 9 3 0 4/ 2 g/ g 4 AGMF%QAT'E WORKERS COMPENSATION AWO � EMPLOYERS' LIABILITY STATUTORY LIMITS THE E PARTNERgjEXeW TVINCL EACH ACCIDENT $ OFFICRR9 ARE: EXCL D16EA9E- POLICY LIMIT $ OTHER DOPME. EACH EMPWYE!! $ PI'acRIPT1ON OF 61-ERAT10NSILOCATteNENEHICIk'A/lpICIAL ITEMS ADDITIONAL INSURED: CITY OF TAMARAC, FL , CATHOLIC CHURCH AND LATERAL PARTNERES- NAMED INSUREDS ST. MALACHI R T147 mnTrc OF JANUARY 19 1994.THRnrTrw CITY OF TAMARAC, FL AS NAMED INSURED ATTN: JUDITH YACOBELLIS 305-724-2453, $MOULD ANY OF THR ABOVE DESCRIBED POLICIESIII* CANCnh-'•:;i:=�'x;V.��fi:,A^':: EXPIRATION DATE THEREOF. TMl ISSUING COM►ANY WILLELLEO BEFowt THE Nt ENOEAvoR TO MAIL ,,��, DAYS WRITTE" MOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUQATION On L lm OF ANY Il UPON TMC coMP Nr, AVTHORIZIb REP H A9E 011 R ERTATTYEE,