Res 18-78 RESOLUTION NO. 18-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING INDEMNITY AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND DELRAY MALL
CORPORATION.
WHEREAS, the City of Delray Beach has requested and received
permission from Delray Mall Corporation to use their facilities as an
election voting place for Precinct Nos. 174 and 176; and,
WHEREAS, as a condition for the use of said facilities it is
appropriate and necessary for the City of Delray Beach to hold harmless
and indemnify the owner against any and all claims for damages of every
kind and nature; and,
WHEREAS, the City of Delray Beach, Florida, has liability
insurance to cover its polling locations,
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 on said
Indemnity Agreement, copy of which is attached hereto and made a part
hereof, between the City of Delray Beach, Florida, and Delray Mall
Corporation.
PASSED AND ADOPTED in special session on this the 6th day of
March, 1978.
A ¥ /
ATTEST:
City Clerk
INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this day of
1978, 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".
WI TNE S SE TH :
WHEREAS, the CITY has requested the MALL for permission to use
an interior corridor of the DELRAY MALL, Delray Beach, Florida, along with
some adjacent exterior parking spaces for an election voting place for
Precinct Nos. 174 and 176; and,
WHEREAS, the MALL has granted such permission:
NOW, THEREFORE,
.... KNOW ALL MEN BY THESE PRESENTS that in consideration of the MALL
granting permission for the use of this above described location between the
hours of 6:00 A.M. and 9:00 P.M. as a voting place for Precinct Nos. 174
and 176 in the City of Delray Beach, Florida, the parties do agree as
fo 1 lows:
1. The CITY shall hold harmless and indemnify the MALL against
any and all claims for damages of every kind and nature including but not
limited to claims for property damage, personal injury or death, arising
out of the use by the CITY of this property as a voting place for Precinct
Nos. 174 and 176.
2. The CITY hereby certifies that such use of this property and
parking facilities are covered by Liability Insurance through the CITY's
general insurance carrier while said premises are being used for such
elections as are conducted by the City of Delray Beach, Florida.
IN WITNESS WHEREOF, the parties have executed this agreement on
the day and year first aforesaid, by their duly authorized officers and
representatives.
CITY OF DELRAY BEACH, FLORIDA,
BY THE CITY COUNCIL
~ *By: · ~
// ZMA Y~
· . ~ City Clerk
DELRAY MALL CORPORATION
ATTEST:
By:
(CORPORATE SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
*Subject to city Council ratification and approval at the March 6, 1978,
Special Council Meeting.
- 2 -