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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-253REVISED 9/20/88 Temp. Reso . ** S/ F 3 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 *11 kilt 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88'- ,;2S3 A RESOLUTION OF THE CITY OF TAMARAC GRANTING APPROVAL FOR A FAIR TO BE HELD AT THE 25TH ANNIVERSARY CELEBRATION, ON CITY PROPERTY, LOCATED AT NORTHWEST 57TH STREET; TO BE HELD OCTOBER 8TH, 1988 THROUGH OCTOBER 9TH, 1988; PROVIDING THAT THE AUTHORIZATION TO HOLD THE FAIR IS CONTINGENT UPON THE EXECUTION OF A HOLD HARMLESS AGREEMENT; PROVIDING THAT ALL APPROPRIATE FEES REQUIRED UNDER THIS RESOLUTION BE SUBMITTED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 1988 is the 25th anniversary of the Incorpora- tion of the City of Tamarac, Florida; and WHEREAS, Amusement of America wishes to acknowledge the City's anniversary by holding a carnival as part of the anniversary celebration; and WHEREAS, under Section 14-51 of the City of Tamarac Code of ordinances the City has the power to regulate the holding of a carnival; and WHEREAS, under Section 15-52 of the City of Tamarac Code of Ordinances, all appropriate occupational license fees must be paid in full before any equipment is brought to the location, where It Intends to operate, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 . That the council authorizes the appro- priate City officials to execute the contract hereto as exhibit "A", authorizing Amusement of America to conduct a Fair, October 8, 1988 through october 9, 1988, on City property, located on SECTION 2 That Northwest 57th Street. the City Council also authorized Amusement of America to operate the fair between the hours of 10:00 A.M. to 10:00 P.M. on Saturday, October 8, 1988; and 10:00 A.M. to 5:00 P.M. on Sunday, October 9, 1988. 1 2 3 4 5 6 8 9 10 11 12 13 14 1 21 22 23 24 25 . 26 27 28 29 30 3 33 34 35 SECTION 3 That the approval of the fair authorized herein Is contlrrgent upon the City receiving a Hold Harmless Agreement frorn Amusement of America for any claim or act which may arise as a result of the activities permitted by this Resolution. SECTION 4 This Resolution shall become effective Immediately upon Its passage. l�' PASSED, ADOPTEDrAND APPROVED this --;Zg day Of 1988. ATTEST: LL ��' CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1 RICHARD DOODY CITY ATTORNEY ORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR _ ABRAMOWITZ DISTRICT 1: C/M ROHR .,,.-_.....Sc DISTRICT 2: V/M STELZER Q� DISTRICT 3: C%M HOFFMAN DISTRICT 4: C/M BENDER NOTE: This Carnival was not held because the Hold Fa.rmless .Aareemen.t was never received.. JE DATE (MI 9/20/88 rRDC�CER OHNSt.IN M IGGINS Hof New Jersey, Inc. TITS CERTIFICATE IS ISYUND AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOER NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 10 Sylvan Way Parsippany, NJ 07054 COMPANY A National Union Fire Insurance Co. COMPANY INSURED LLET'TPER Y C ATnusenlants of America, Inc. 37--A Federal Road Englishtown, NJ 07726 CCOTMTHR Y D COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY NOTWITHSTANDING ANY REQUIREMENT OME IN, BE WIUED OR MAY PERTATHE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDO- TIDNS OF SUCH POLICIES. 00 TYPE OF INSURANCE POLICY NUMBER POLE EFRUIVE GATE (MMf VM POLICY EXPIRATION DATE (AM IDO/YY) LIABILITY LIMITS IN THOUILAWS EACH AGGREGATE A GENERAL LIASISJTII x COMPREHENSIVE FORM Gi,A5812973RMA 6/27/88 6/27/89 ODILY INJURY r W PREMISESIOPERATIONSUNDEFOUIND LAPSE HAZARD PROPERTY p a i cNaBaeiN�D -- - 11000 1,000 X PRODUCTS/COMPLETED OPERATIONS X �' - x INDEPENDENT CONTRACTORS PERSONAL INJURY $ x BROAD FORM PROPERTY DAMAGE X PEA INJURY 1: 1 000 AUTOMOBILE LIABILITY ANY AUTO BUY MPEOR Wxy ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS l 6H PASS. PROPERTY HIRED AUTOS NON -OWNED AUTOS 61 & PD, COMBINED GARAGE LIABILITY EXCESS LUUNLFrY UMBRELLA FOAM BI A F'D COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKER$' COMMPENSATION $ (EACH ACCIDENT) AND (DISEASE -POLICY LMMT) EMPLOYERS' LIABILrI Y (pISE/LSE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATKAVLOCATIONS/VEHICLESISPECIAL ITEMS Da t e s Cfober 3 - 10, 1988 Location: W. Commercial Blvd., Tamarac City of Tamarac, Kiwanis Club of Tamarac are included as additional insureds as respects the operations of the Named Insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- y of Tamarac PIRATIgl1 DATE_ THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO WWL --- umLip TWMI,G.....1. �,.,,,....,...............,Y LEFT, BUT FAILURE TO MANL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L.IABIL.NTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BUSINESS OFFICES tMB �rY 4py 37A Federal Road MORRIS VIVONA PHILIP A. VIVONA YrYONA 9RD�vt Englishtown, N. J. 07726 1 Glen Road 24 Glenwood Road 201 - 446-7144 W. Caldwell, N. J. 07006 Colts Nock, N. J. 07722 SOUTH 201 - 228.0240 201 • 946-4301 24301 S.W. 137 Ave. JOHN VIVONA 'BABE" VIVONA DOMINIC VIVONA Princenton, Fla. 33032 7275 S.W. 137th St. 14730 S.W. 85 Lane 9424 S.W. 142 St. 305 - 245.2020 Miami, Fla. 33158 Miami, Fla. 33193 Miami, Fla. 33176 305 - 238.3555 305 - 270-0537 305 - 251-2277 CONTRACT ANDGREEMENT SEASON 19 A .... .. THIS AGREEMENT, made and entered into this... Z.. ., b.............. day �C .... 19 by and between AMUSEMENTS OF AMERICA, INC., hereinafter r ferred to as "party of the first part," and ................... �..�.......�.n-� .. .�,.5.....�. It-V2.......u....�...........�a �n �,�.�.�- ...................... ............ .r�............................................. r77 pa the City of t`'r.i41.'"r.! -.........,.and State of ...�-�,,L-0.a%-VxA.......... , hereinafter referred to as "party of the second part," WITNESSETH: That for and in consideration of the sum of ONE DOLLAR ($1.00) paid by each of the parties to theliother, and for other good and valuable considerations, receipt whereof is hereby acknowledged, the parties hereto agree as follows: s �y Party of the second part agrees to present AMUSEMENTS OF AMERICA INC., in the City of . ..t:.1t1,7. ,...... State of..... L.o..R.w..,A..................... for a period commencing on or about. rrrr � q. ..... .................... 19!R7.,7... and ending on or... Party of the first par* is to furnish without expense to the party Of the second part, all paid attractions, shows, ridingdevices, ticker, and boxes. Party of the second part is to obtain and furnish party of the first part a suitable location for Its operation to be known as: ............. ... ... ... I ....... .•••••••••••••••••••••••-•--•--••••••••••.•..........., same to be cleared of brush, refuse and other objectionable matter, and to be in such good condition that the attractions may be conveniently set up and so that shows may exhibit without discomfort to themselves or to the public. The responsibility of restoring and cleaning of amusement area to original order after final day of engagement will be assumed by party of the second part. sue, Party of the second part will pay $...1 .0.."..lri., towards all licenses that may be required by law to operate. Party of second part will furnish newspaper and radio advertising, water, ticket takers and sellers, police protection. Party of the First part will provide.......................................advance sale ticket books at :...................................... each. And will also provide ....................................... advance sale strips at 5............................... each. Sponsor percentages on advance sale to be paid as follows ................................................................................................................................................... Merchants tickets for promotion will be provided by ...................................................... .................. If Wrist Sand promotion Is used the date will be..............................................................and the hours will be .............................................. ....................................... Posting paper to be furnished by ................................................... ,,,,,,,If advertising Flyers are used, they will be furnished by............. ............ I... ............................ I .... ,............................................................................................... , .... avulpmentrPaand emane o} first part will supply use of power plant, diesel fuel, wire, sockets and labor to the party of the second part for their Party of the tl j 1 concessions for the sum of $.,. ,,,,,,,,` . „ �....................... for the entire engagement. • en 4 shows and rides to be made at be close of each days business. Rental fee of concessions operated by the first part will be i. settled on ...... !Nwr.............................. day of engagement, Toilet facilities should be furnished by..1„7L.4-.►..1,,,,,,,�r„,,,_�.r•._., ......................... Party of the first part agrees to pay party of the second Dart cent cent of the gross money taken in on all riding devices operated. Those that are agreed upon and listed to be spectaculars by both parties, are to be paid the following percentagesi ................ r .............o.....p..r".....4..�....+�?,.A....................................................................................................................................... 0.l 1 Party of the first agrees to pay party of the second part $ ..... ......� N,.......... per cent of all shows. ...................... ................................................................................................................................. Party Of the first part will deft the cost of Public Liability Insurance and Property Donrage Insurance from the gross receipts in n � thefollowing manner.... ....�. �................................................................................:........... .................................................................... The percentages above mentioned shall be based on the gross receipts after deducting Federal, State or other taxes. If any, that may be required to be paid on admissions. [[ ��" ,+c.�±1 ",s Party of the first pert will pay party of the second peR..ti,Z,`,�!.... Ufa-PU for each privilege st.nd,it operated during entire engagement. PRIVILEGE STANDS to consist of pop -Corn -stand complete, which Includes (Pop -Corn, Candy Apples, Cotton Candy, Qilawleallalraal4ieir. rr�Pt1QSbS. �a11ar1,.ltOs�,Tee_$hf[is�repd vslyagames where permitted, .� ...�,....P. ... .a h1...4...Jr'T.�..t-�... ,.�.�D.: t... RD.'i..........f�hl ...V.N..iT ..................... 3.... ..ia.r D��,. ..... ..J3.M. .. Qis . ....a.. lS........... ........................ :.......... ............ It Is understood that should any privilege stand be closed during any portion of the above mentioned period, enan the amount to be paid by the party of the first part for such privilege stand shall be pro -rated for the time It IS actually In operation. Party of the second part agrees not to book or contract any attraction similar to the one operated by the party of the first part so that any such other attraction shall appear In above city preceding the period above mentioned. Party of the Second part also agrees to endeavor to prevent any shows from exhibiting or operating In the above city unless with the consent and under the management of party of the first part. Before party of the first part Is bound by this agreement, the same must be approved In writing by Morris Vivona, general representative of party of the first part. Party of the first part shall not In any way be liable for any damages expenses caused by any failure or delay In the Presanting one of Its attractions as hereinafter provided if caused by War, riots, strikes, governmental regulations, labor difficulties, transportation difficulties, cyclones, adverse weather conditions, gasoline or diesel oil shortages or any other accident or circumstances over which the party of the first part has no control. REMARKS: 1).orJC).wIL-L_P A`f A 200•1)0 1-70Z. 1>0� c10IR,N,LAtOW1 AI�P�CS ta1`46 C.0TT,0N L,ANDY A . ov A. t0 h- - PA`4 Q 100 -00 Signed this..rZ.. 1....day of.L. kT.............I..... , 19...b.c •_;0 IL C_ALIA C,RNC- C_otst-CS9 to N TOTAL Z AMUSE ENTS OF AMERICA P � th first part By— ..... .. ..... ............................................................... THIS DATE TO BE ADVERTISED AS EXHIBIT "All sasses .�'_* .... ­ .............. ..... .7.....By ......................... ...... the