HomeMy WebLinkAboutCity of Tamarac Resolution R-88-325Temp. Reso. #5252
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88- ,-IZe�
A RESOLUTION OF THE CITY OF TAMARAC
GRANTING APPROVAL OF THE USE OF CITY OWNED
PROPERTY FOR A HOLIDAY TREE SALE TO BE
SPONSORED BY THE FRATERNAL ORDER OF POLICE
FROM DECEMBER 2ND THROUGH DECEMBER 25TH,
1988, PROVIDING THAT SUCH APPROVAL IS
CONTINGENT UPON THE EXECUTION OF A HOLD
HARMLESS AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE FRATERNAL ORDER OF POLICE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has received a request from
the Fraternal Order of Police to operate a holiday tree sale
on December 2nd through December 25th, 1988 on City owned
land, as identified on Exhibit "A" attached hereto; and
WHEREAS, the Fraternal Order of Police is a non-profit
organization; and
WHEREAS, the Fraternal Order of Police has agreed to
hold the City harmless of any claims whatsoever arising from
the location, construction, installation and operation of a
holiday tree sale on City property.
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 holiday tree sale on City owned property is
subject to an executed Hold Harmless Agreement between the
City and the Fraternal Order of Police.
SECTION 2: That the granting of City approval for the
location of a holiday tree sale on City owned property is not
intended to waive the requirement that the Fraternal Order of
Police obtain all appropriate permits and regulatory agency
inspections needed for the operation of the holiday tree
sale.
SECTION 3: That the Fraternal Order of Police agrees
that access to its holiday tree sale site shall be limited to
the Durbin Paper Stock Company driveway and 57th Street and
that such access and internal traffic flow shall be con-
sistent with the plan attached hereto as Exhibit "A".
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Temp. Reso. #5252
SECTION 4: That cleanup of the property in Exhibit "A"
is to be provided by the Fraternal Order of Police and said
cleanup shall be continuous during the holiday tree sale time
period of December 2nd through December 25th, 1988.
SECTION 5: That proper insurance coverage be provided to
the City in connection with the operation of the holiday tree
sale.
SECTION 6: This Resolution shall become effective
immediately upon its passage.
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PASSED, ADOPTED AND APPROVED this day of , 1988.
ATTEST:
I NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
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RICHARD DOO
CITY ATTORNtkYJ
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ a�
DISTRICT 1:
C/M ROHR
DISTRICT 2:
V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4-
C/M BENDER
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HOLD HARMLESS AGREEMENT
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This Agreement entered into on the day of
1988 is made by and between the City of
Tamarac, a municipal corporation, hereinafter "CITY", and the
Fraternal Order of Police, hereinafter "FOP".
PW I T N E S S E T H:
WHEREAS, the FOP wish to sponsor a holiday tree sale to
benefit the Fraternal Order of Police and other worthy
causes: and
WHEREAS, the Fraternal Order of Police wish to stage the
holiday tree sale on City property during the period of
- , 1988 through �L 1988= and
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 the FOP, and in consideration of the mutual
covenants contained herein, the parties agree as follows:
SECTION 1 : That the FOP shall hold 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 holiday tree sale
sponsored by the FOP, or any act or omission of the FOP, its
agents, employees, members, or the general public in
connection therewith.
SECTION 2 : The above provisions shall survive the
termination of this Agreement and shall pertain to any
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occurrence during the term of this Agreement, even though the
claim may be made after the termination hereof.
SECTION 3 The FOP 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 : The FOP shall keep such policies of
insurance in full force and effect during the term of this
Agreement and shall provide to the CITY proof of payment of
the required premiums.
SECTION 5 : The FOP shall provide the Risk Manager with
the requisite document evidencing that the signatory for FOP
has the authority to enter into this Agreement.
SECTION 6 : This Agreement shall not be assigned by the
FOP without receiving City Council approval.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day and year first above written. W
Signed, sealed and delivered
in the presence of:
Witnesses:
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ATTEST:
CAR A. EVANS
CITY CLERK
Approved as to form:
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RICHARD DOODY
CITY ATTORNEY
ATT ST:
WITNESS
01ITNESS/
2121112387It
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DATE: /�-�� % L�? 8
FRATERNAL ORDER OF POLICE
BY
rnP JWV 11-97
DATE: