Res 18-79(a
RESOLUTION NO. 18 -79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING AN INDEMNITY AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE DELRAY MALL CORPORATION.
WHEREAS, the City of Delray Beach has requested and received per-
mission from the Delray Mall Corporation to use their main interior
corridor and some adjacent exterior parking spaces as an election voting
place for Precinct Numbers 174 and 176; and,
WHEREAS, as a condition for the use of said facilities it is
necessary and appropriate for the City of Delray Beach to hold harmless and
indemnify the Delray Mall Corporation against any and all claims for
damages as respects bodily injury, personal injury, or property damage or all
combined, up to the current liability insurance coverage of the City of
Delray Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby reaffirmed and
ratified.
Section 2. That the Mayor of the City of Delray Beach, Florida,
and the City Clerk thereof are hereby authorized to execute said Indemnity
Agreement between the City of Delray Beach, Florida, and Delray Mall Corpora-
tion, a copy of said agreement being hereto attached and made a part hereof.
PASSED AND ADOPTED in regular session on this the
day of February, 1979.
ATTEST:
City Clerk
M A Y O R
LEON M. WEEKES
26th
INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this
1979, by and between:
CITY OF DELRAY BEACH, FLORIDA
a Municipality of the State of Florida,
hereinafter referred to as "the CITY ",
and
DELRAY MALL CORPORATION,
1668 -A South Federal Highway,
Delray Beach, Florida, hereinafter
referred to as "the MALL ".
WITNESSETH:
day of
WHEREAS, the CITY has requested of the MALL permission for the
CITY to use the main interior corridor of the DELRAY MALL, Delray Beach,
Florida, along with some adjacent exterior parking spaces for an elec-
tion voting place for Precinct Numbers 174 and 176; and,
WHEREAS, permission has been granted by the MALL to use the
DELRAY MALL and adjacent parking spaces for this purpose;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that in considera-
tion of the MALL granting permission for the use of the above described
location between the hours of 6 :00 A.M. and 9 :00 P.M. as a voting place
when necessary for Precinct Numbers 174 and 176 in the City of Delray
Beach, Florida, the parties do agree as follows:
1. That the CITY shall hold harmless and indemnify the
MALL against any and all claims for damages as respects
bodily injury, personal injury, or property damage or
all combined (as defined by the CITY'S insurance carrier)
to the limit of the CITY'S current liability insurance
coverage, arising out of the use by the CITY of the above
described property as a voting place for Precinct Numbers
174 and 176.
2. That neither.party may rescind or cancel this Indemnity
Agreement without first giving the other party at least
thirty (30) days written notice of such intent to cancel
or rescind this Agreement, which notice shall state the
date for cancellation; but in no case shall such cancel-
lation date fall within the thirty (30) days preceeding
the date the MALL is to be used as such an election voting
place for Precinct Numbers 174 and 176.
IN WITNESS WHEREOF, the parties have executed this agreement on
the day and year first aforesaid, by their duly authorized officers
and representatives.
ATTEST:
City Clerk
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
CITY OF DELRAY BEACH, FLORIDA
BY THE CITY COUNCIL
By:
M A Y 0 R
DELRAY MALL CORPORATION _
LIM
CORPORATE SEAL
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