HomeMy WebLinkAboutCity of Tamarac Resolution R-88-099■ ' .
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Temp. Reso. # 5006
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88 % 9
A RESOLUTION OF THE CITY OF TAMARAC GRANTING
APPROVAL FOR A CARNIVAL TO BE HELD AT ST.
MALACHY'S CATHOLIC CHURCH, FROM APRIL 21 THRU
APRIL 24, 1988, PROVIDING THAT SUCH APPROVAL
IS CONTINGENT UPON THE EXECUTION OF A HOLD
HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC,
ST. MALACHY HOME AND SCHOOL ASSOCIATION, THE
CATHOLIC ARCHDIOCESS OF MIAMI, AND SUNSHINE
AMUSEMENT, INC.; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac has received a request from
he St. Malachy Home and School Association to operate a
arnival on April 21, 22, 23, and 24, 1988 on Church proper-
y; and
WHEREAS, the St. Malachy Home and School Association is
non-profit organization; and
WHEREAS, the St. Malachy Home and School Association has
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greed to hold the City harmless of any claims whatsoever
rising from the location, construction, installation and
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peration of a carnival on Church property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
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HE CITY OF TAMARAC, FLORIDA:
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SECTION 1 That the granting of the approval for
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he location of a carnival on Church property is subject to
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n executed hold harmless agreement between the City and the
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it.
Malachy Home and School Association.
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SECTION 2 That the granting of City approval for
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he location of a carnival on Church property is not intended
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o waive the requirement that the St. Malachy Home and School
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ssociation obtain all appropriate licenses, permits and
4egulatory agency inspections needed for the operation of the
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arnival.
33 SECTION 3 That the St. Malachy Home and School
34 sociation agrees that access to its carnival site shall be
351"mited to the driveways on University Drive and N. W. 61
reet.
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Temp. Reso. #5006
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SECTION 4 That cleanup of the property is to be
provided by the St. Malachy Home and School Association and
said cleanup shall be continuous during carnival time period
of April 21, 22, 23, and 24, 1988.
SECTION 5 That proper insurance coverage be
provided in connection with the operation of said carnival.
6 SECTION 6 This Resoluton shall become effective
-9 immediately upon its passage.
to �
PASSED, ADOPTED AND APPROVED this /c,?- day of �, 1988.
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13 ATTEST:
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15 [nCAROL E. BARBUTO
CITY CLERK
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17 I HEREBY CERTIFY that I have
approved this RESOLUTION as
' to form.
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20 RICHARD L. D ODY
CITY ATTORNEY
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NORMAN ABRAMOWITZ
MAYOR -.
RECORD OF COUNCIL VOTE
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DIS r RICT 4
HOLD ITARMLESS AGREEMENT
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This agreement is entered into on the day of
1988, between the CITY of Tamarac, a municipal corporation
hereinafter "CITY", the ST. MALACHY HOME AND SCHOOL ASSOCIATION,
hereinaf t.er "ST. MALACHY" , THE CATHOLIC ARrWT) rnrFc.c op X4T AMT
hereinafter "ARCHDIOCESS", and SUNSHINE AMUSEMENT, INC., a Florida
Corporation, hereinafter "SUNSHINE AMUSEMENTS".
W I T N E S S E T H;
WHEREAS, ST. MALACHY and the ARCHDIOCESS wish to sponsor a
carnival to benefit the St. Malachy School Programs and other worthy
causes; and
WHEREAS, ST. MALACHY, the ARCHDIOCESS and SUNSHINE AMUSEMENTS
wish to stage the carnival on Church property during the period of
April 21, 1988 through April 24, 1988; and
WHEREAS, ST. MALACHY, the ARCHDIOCESS and SUNSHINE AMUSEMENTS
have regi,.ested that the City of Tamarac Police Department provide
appropriate securl.ty for the proposed carnival; and
WHEREAS, ST. MALACHY, the ARCHDIOCESS and SUNSHINE AMUSEMENTS
are required to obtain necessary City inspections and building
permits in order to put on the carnival; and
WHEREAS, the City Council of the City of Tamarac has deter-
mine(I 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 ST.
MALACHY, the ARCHDIOCESE and SUNSHINE AMUSEMENTS, INC. and in con-
s i (a e ra t i o n C)f the mutual covenants contained herein, the parties
agree as follows:
SECTION 1 That ST. MALACHY, the ARCHDIOCESE and SUNSHINE
AM1SEMEi1TS shall, hold CITY harmless from any and all claims, causes
of action, damages, costs, expenses and attorney fees which the CITY
shall suffex- by virtue of t.hc• clefense of, or response to, any claim
arising out of 0j. h,e;.ng A,,ade &gainst the City in co*lnection with the
sta.g:,�.ng of the subject Carnival, on April 21. through April 24, 1988,
by ST. MALACHY, the ARCHDIOCESS and SUNSHINE AMUSEMENTS, their
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agents, employees, members, or the general public in
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connec ti.on.
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therewith.
;:ECT_;.ON� 2 The alcove provisions shall survive the termina-
tion of this Agreement rand shall pertain to any occurrence during
t}1e i_-ermof th .s Agreement, even though the claim may be made after
the terminat-ion hereof.
SECTION 3 : ST. MALACHY, the ARCHDIOCESS and SUNSHINE AMUSE-
MENTS shall provide the CITY with the requisite documentation
evide.nc,Lng that the signatory for ST. MALACHY, the ARCHDIOCESS and
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SUNSHINE AMUSEMENTS have the authority to enter into this Agreement.
SECTION 4 This Agreement shall not be assigned by ST.
MALACHY, the ARCHDIOCESE or SUNSHINE AMUSEMENTS 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. =
Signed, seaied and delivereLl THE CITY OF TAMARAC
in tl.e presence of:
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Witnesses:
AN ABRA7OATTL�
A MAYOR
.____.. _. CITY OF TAMARAC
APPROVED AT MEETING OF /erg
ATTEST:
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CARO1,
CITY CT TI RE
Ap p.r cv e d as to Z o a: m:
&a,_'e0 - OaD
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R I C fr Ala ,'.D-}OUl7y __M
C Ir7Y A'a'TORNEY
0 ATTEST:
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'eJ T•7E, S S
By
JOHN n . KEL Y
CITY MANAGE
ST. MALACEY HOME AND SCHOOL
ASSOCIATION
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�y.
SL1�1,; 1:1:NT A"11TUSEIMENTS, INC.
BY
CATHUIJIC APCHDIOCESS OF MIAMI
P1 JA