Res 47-75 RESOLUTION NO. 47-75.
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,
INC., A FLORIDA CORPORATION.
WHEREAS, the City of Delray Beach has requested and received per-
mission from Delray Mall, Inc., a Florida corporation, to use their
facilities as an election voting place for Precinct No. 174; and,
WHEREAS, as a condition for the use of said facilities it is appro-
.priate 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, Inc., a Florida
corporation.
PASSED AND ADOPTED in regular session on this the 13th day of
October, 1975.
City Clerk
INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1975, by and between:
CITY OF DELRAY BEACH, FLORIDA,
a municipality of the State
of Florida, hereinafter referred
to as "the CITY",
and
DELRAY MALL, INC., a Florida
corporation, Post Office Box 369,
Delray Beach, Florida, hereinafter
referred to as "the MALL".
W I T N E S S E T H:
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 No. 174; and,
WHEREAS,~ the MALL has granted such permission;
Now, therefore,
KNOW ALL M~N BY THESE PRESENTS that in consideration of the MALL
granting permission for the use of this above described location as a'
voting Place for Precinct No. 174 in the City of Delray Beach, Florida,
the parties do agree as follows:
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
No. 174.
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 Beacl~, 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
ATTEST: ~~
By ~
yCity Clerk
DELRAY MALL, INC., a Florida
corporation
ATTEST:
~ By:
William Y. Lamar, Vice-President
Secretary
(CORPORATE SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
, i ~Cit~~ Attorney
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