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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-198Temp. Reso.# 61 1 2 3 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91-�9?) A RESOLUTION OF THE CITY OF TAMARAC GRANTING APPROVAL FOR THE USE OF BROOKWOOD PLAZA FOR A CRAFT FAIR TO BE SPONSORED BY KIT N' KABOODLE 7160 WEST MCNAB ROAD, FROM NOVEMBER 16 TO NOVEMBER 17, 1991, PROVIDING THAT SUCH AP- PROVAL IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has received a request from Kit N' Kaboodle to sponsor a Craft Fair on November 16 through November 17, 1991 at Brookwood Plaza, as identified on Exhibit "A" attached hereto; and WHEREAS, Kit N' Kaboodle wishes to sponsor a Craft Fair to benefit certain non-profit organizations and the community; and WHEREAS, Kit N' Kaboodle has agreed to hold the City harmless of any claims whatsoever arising from the location, construction, installation and operation of a Craft Fair at Brookwood Plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 That the granting of the approval for the location of a Craft Fair at Brookwood Plaza is subject to an executed Hold Harmless Agreement between the City, Kit N' Kaboodle and Lee Teledgadis, owner, Brookwood Plaza. SECTION 2 That the granting of City approval for the location of a Craft Fair at Brookwood Plaza is not intended to waive the requirement that Kit N' Kaboodle obtain all appro- priate permits and pay all appropriate license and permit fees. SECTION 3 : That Kit N' Kaboodle agrees that access to its Craft Fair site shall be limited to the Brookwood Plaza entrances and exits and that such access and internal traffic flow shall be consistent with the plan attached here to as Exhibit "A SECTION 4 That cleanup of the property in Exhibit "A" is to be provided by Kit N' Kaboodle and said cleanup shall be continuous during the Craft Fair sale time period of November 16 through November 17, 1991. SECTION 5 : That proper insurance coverage be provided to the City in connection with the operation of the Craft Fair. # Cp 17 0 SECTION 6 That Kit N' Kaboodle agrees to limit the Craft Fair tables to 30 participants and said tables shall not block the entrances/exits of the subject premises or that of adjacent businesses. SECTION 7 : That Kit N' Kaboodle agrees that the outdoor storage/display of merchandise shall not impede normal pedes- trian movement via the sidewalk of the subject premises or that of adjacent business. SECTION 8 : That Kit N' Kaboodle agrees that the outdoor storage/display of tables shall not block fire lanes and that portable fire extinguishers must be in immediate area of displays. SECTION 9 That merchants participating be limited to authorized, licensed businesses, within Brookwood Plaza. SECTION 10 : That outside participants be limited to non - business use. SECTION 11 That Kit N' Kaboodle agrees that no food or beverages be sold outside and that alcoholic beverages are prohibited. SECTION 12 : This Resolution shall become effective immediately upon its passage. I PASSED, ADOPTED AND APPROVED this I �'�"day ofrLL(,OA1991 . ATTEST: JVORMMAN ABRAMOW TZ MAYOR CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ZAZ ALAN R ATTORN Y Craftfair/JY 34 35 RECORD OF COUNCIL VOTE MAYOR DIST ACT 2: DISTRICT 3:i DISTRICT4: V M BEhID =� p 4 i <<j�_9/-/ 91,f HOLD HARMLESS AGREEMENT This agreement entered into on the day of 4LL�� ,1991 is made by and between the City of Tamarac, a municipal corporation, hereinafter, "CITY"; and Kit No Kaboodle, the sponsor, hereinafter, "KIT N' KABOODLE" and Brookwood Plaza, Hereinafter, "BROOKWOOD PLAZA". W I T N E S S E T H: WHEREAS, the City Council of the City of Tamarac has determined that the execution of this 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 KIT N' KABOODLE and in consideration of the mutual convenants contained herein, the parties .agree as follows: SECTION 1 That KIT N' KABOODLE shall hold the City harmless 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 "Craft Fair" sponsored by KIT N' KABOODLE, its agents, employees, members, participating businesses, or the general public in connection therewith. 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. SECTION'3 That KIT N' KABOODLE shall provide to the City Risk Manager all necessary Certificates of Insurance in such form and amounts as required by the Risk Manager. SECTION 4 : KIT N' KABOODLE shall keep such policies of • insurance in full force and effect during the term of this Agreement and shall provide to the City Risk Manager proof of payment of the required premiums. SECTION 5 : KIT N' KABOODLE shall provide the City Risk Manager the requisite document evidencing that the signatory Of KIT N' KABOODLE has the authority to enter into this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of: Witnesses: "I ?aLL' L4 ATTEST: CAROL A. EVANS CITY CLERK Approved as to Form: f,ALAN RUF 0 CITY ATTORNEY ATTEST: WITNESS �•� /WITNESS HHAGREEMENT/RK 0 By: NORMAN ABRAMOWITZ MAYOR CITY MANAGER DATE: DATE:_ !G -/ ? - !/ BROOKWOOD PLAZA BY: /4 1 d LEE TELEDGADIS, OWNER DATE: f f t 0