HomeMy WebLinkAboutCity of Tamarac Resolution R-87-369Temp. Reso. #4848
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CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-87- 36%
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4 A RESOLUTION OF THE CITY OF TAMARAC GRANTING
APPROVAL OF A CARNIVAL SPONSORED BY TAMARAC
5 POLICE ATHLETIC LEAGUE AND TAMARAC KIWANIS
CLUB ON NOVEMBER 11, 12, 13, 14 AND 15, 1987,
6 AUTHORIZING APPROVAL FOR USE OF CITY OWNED
PROPERTY, AUTHORIZING WAIVER OF CERTAIN
7 BUILDING PERMIT FEES; PROVIDING FOR SEVER -
ABILITY; AND PROVIDING AN EFFECTIVE DATE.
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9 WHEREAS, the City of Tamarac has received a request from
10 Tamarac Police Athletic League and Tamarac Kiwanis Club to
11 operate a carnival on November 11, 12, 13, 14 and 15, 1987 on
12 City owned land, as identified on Exhibit "A"; and
13 WHEREAS, Tamarac Police Athletic League and Tamarac
14 Kiwanis Club are non-profit organizations, and request waiver
15 of building permit fees; and
16 WHEREAS, the Tamarac Police Athletic League and Tamarac
17 Kiwanis Club have requested to be able to sell beer at the
18 carnival., showing evidence of State approval of a 4COP
19 License, as shown on Exhibit "B"; and
20 WHEREAS, the Tamarac Police Athletic League and Tamarac
21 Kiwanis Club have agreed to hold the City harmless of any
22 claims whatsoever arising from the location, construction,
23 installation and operation of a carnival on City property;
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
25 THE CITY OF TAMARAC, FLORIDA:
26 SECTION 1 That the granting of the location of the
27 carnival on City owned property is subject to an executed
28 Hold Harmless Agreement.
29 SECTION 2 Building permit fees shall be waived but
30 the waiving of building permit fees shall not eliminate the
31 requirement to have regulatory agency inspections.
32 SECTION 3 Appropriate water fees may be waived
33 subject to approval of the Utility Department.
34 SECTION 4 : That the selling of beer is subject to
35 regulations of the State of Florida Department of Business
Regulations, Division of Alcoholic Beverages and Tobacco for
Temporary 4COP License.
Temp. Reso. #4848
SECTION 5 That cleanup of the property is to be
provided by the Tamarac Police Athletic League and Tamarac
Kiwanis Club and said cleanup shall be continuous during
carnival time period of November 11, 12, 13, 14 and 15, 1987.
SECTION 6 : That proper insurance coverage be provided
in connection with the operation of said carnival..
SECTION 7 : This Resolution shall become effective
immediately upon its passage.
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PASSED, ADOPTED AND APPROVED this .S day of 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD DOODY
CITY ATTORNEY
MAYOR: HART ....,,�,
DIST. 1: C/M ROHR
DIST, 2: C/M STELZER
DIST. 3. C/M HOFFMAN
LAST. 4: V/M STEIN —
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HOLD HARMLESS AGREEMENT
This Agreement entered into on the _L day of
Ql'oleaaA/9S�` 1987 was made by and between the City of
Tamarac, a municipal corporation, hereinafter "CITY", the
Tamarac Police Athletic League, hereinafter "PAL", the
40 Tamarac Kiwanis Club, hereinafter "KIWANIS", and Crown
Amusement, Inc., a Florida corporation, hereinafter "CROWN
AMUSEMENTS".
W I T N E S S E T H:
WHEREAS, PAL and the KIWANIS wish to sponsor a carnival
to benefit the Children's Athletic Program and other worthy
causes; and
WHEREAS, PAL, KIWANIS and CROWN AMUSEMENTS wish to stage
the carnival on City property during the period of November
9, 1987 through November 15, 1987; 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 Tamarac Police Athletic League, Tamarac
Kiwanis Club and Crown Amusements, Inc., and in consideration
of the mutual covenants contained herein, the parties agree
as follows:
SECTION 1 : That PAL, KIWANIS and CROWN AMUSEMENTS
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
events sponsored by PAL hereunder (Carnival, November 9th
through 15th, 1987), or any act or omission of PAL, KIWANIS
and CROWN AMUSEMENTS, their 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
occurrence during the term of this Agreement, even though the
claim may be made after the termination hereof.
SECTION 3 PAL, KIWANIS and CROWN AMUSEMENTS shall
provide to the City Risk Manager Certificates of Insurance in
such form and amounts as required by the Risk Manager.
SECTION 4 PAL, KIWANIS and CROWN AMUSEMENTS shall
keep such policies of insurance in full force and effect
40during the term of this Agreement and shall provide to the
CITY proof of payment of the required premiums.
SECTION 5 : PAL, KIWANIS and CROWN AMUSEMENTS shall
provide the Risk Manager with the requisite document
evidencing that the signatory for PAL, KIWANIS and CROWN
AMUSEMENTS have the authority to enter into this Agreement.
SECTION 6 This Agreement shall not be assigned by
PAL, KIWANIS or CROWN 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, sealed and delivered
in the presence of:
Witnesses:
ATTEST:
CAROL E. BARBUTO
CITY CLERK
Approved as to form:
�Rt'C(O'L"
RICF. 4DODY2�
CITY ATTORNEY
ATTEST:
WITNE S Kz�`�
AAA�
W TNES
THE CITY OF TAMARAC
: BY
BERNAR HART
MAYOR
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DATE: �/ 7
TAMARAC POLICE ATHLETIC LEAGUE
By : L)1 Q • (� -
BRIAN A. HOR SEC/TEAS.
CROWN AMUSEMENTS, INC.
By:
RICHARD A. CARL, PRE .
TAMARAC K ANI UB
By:
LOUIS SCHIFF, PRES./KIWANIS