R05-104
1 RESOLUTION R05-/OL/
2 (CORRECTED)
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR
7 AND CITY CLERK TO EXECUTE A LEASE
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND BOYNTON JCP ASSOCIATES, LTD.
10 PROVIDING FOR THE CITY TO CONTINUE
11 LEASING THE SPACE AT THE BOYNTON BEACH
12 MALL FOR "CITY HALL IN THE MALL"; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15
16
17 WHEREAS, the current lease agreement between the City and Boynton JCP
18 Associates, L TD., providing space for "City Hall in the Mall" expires May 31, 2005.
19 WHEREAS, the City of Boynton Beach has successfully operated "City Hall
20 in the Mall" at the Boynton Beach Mall, bringing local government services to mall
21 patrons, enhancing community relations, and providing other useful services to the
22 community; and
23 WHEREAS, as part of the agreement, the City Commission approved a
24 multi-year Special Event Permit for up to twelve (12) events per year at no charge to
25 Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in
26 the Mall" location for a five (5) year period beginning June 1, 2005 and expiring on
27 May 31,2010.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
29 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33
Section 2.
The City Commission of the City of Boynton Beach, Florida
34
does hereby authorize and direct the Mayor and City Clerk to execute the lease
2 agreement between the City of Boynton Beach and the Boynton JCP Associations,
3 LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy
4 of said lease being attached hereto as Exhibit "A".
5 Section 3. This Resolution will become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this al day of June, 2005.
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APPLICATION FOR PERMIT TO USE
COMMON AREA
I Shopping Center
Boynton Beach Mall
Fa",> 138 (Rev. 9-01)
Instructions: Please TYPE or PRINT all information.
Name of Individual/Organization
it Hall in the Mall
treet Address
Ros -/Ot./
100 East Bo nton Beach Boulevard
City, State, Zip
Boynton Beach, Florida 33425
Describe the nature of the activity
Information and dis la re ardin the Cit of Bo nton Beach
satellite customer service center in room 111 at Boynton Beach Mal/.
Staffed by volunteers and City workers
to rovide a variet of services for the Cit and Palm Beach
County. City of Boynton Beach agrees to allow
Boynton Beach Mall the use of their southeast/southwest
parking lots for recreational vehicle, automobile, boat,
holida tree sales and shows 12 times er ear.
Telephone No.
561-742-6236
DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD BE IN CHARGE
From: o A.M. To: o A.M. Virginia Shea
6/1/05 o P.M. o P.M.
From: o A.M. To: o A.M.
o P.M. o P.M.
From: o A.M. To: o A.M.
5/31/10 o P.M. o P.M.
If use of special decorations, siqns, displavs, or devices is requested, explain
. . .
(Please read carefully)
Applicant agrees that if a Permit is issued pursuant to this Application, Applicant will defend, indemnify and hold Management, the Owner, each
tenant of the Shopping Center, and the Merchants' Association or Promotional Fund harmless from and against any and all claims for personal
injuries, death, damages, costs, and/or other expenses, including reasonable attomey's fees, arising from or in any way connected with the use of
the Common Area of the Shopping Center or any part or facility thereof by the Applicant or his agents, members, partners, associates, contractors,
,ervants and employees, and the undersigned does hereby release, discharge and acquit the Owners of the real estate, their lessees, the Mall
Management Company (and all their shareholders, directors, employees, customers and invitees), Mall Tenants (and their owners, officers,
directors, employees, customers and invitees) and the Mall Merchants' Association or Promotional Fund from any and all claims, demands, and
actions for any Joss, cost, expense, damage or injury either to the person or property of the Applicant and each member of the Applicant sustained
by reason of any condition of said Common Area or the Mall Shopping Center, or due to any act of any employee or agent of the Merchants'
Association or Promotional Fund, the Mall Tenants the fee Owner, its lessee, the Management Company or the act of any other person or entity
whatsoever, all of which claims are hereb waived b A licant for itself and each of its members.
ACKNOWLEDGEMENT
(Please read carefully)
The undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that
he/she is 21 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations
Goveming Use of the Common Area of the Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the
making of this Application, the issuance of any Permit based on this Application and the use authorized by such Permit are expressly conditional
upon Applicant's acceptance and continuing observation of said Rules and Regulations.
Name of person completing application
Jerry Taylor
Street Address (if different that above)
City, State, Zip
Date
Phone No.
PERMIT TO USE COMMON AREA
The Individual/Organization named above has permission to use the
designated portion of the Common Area during the above stated hours
date(s), subject to the Mall policies and to the Rules and Regulations
stated on the reverse side hereof.
Please locate the exhibit, display, or equipment in the Mall Common
a as indicated on the attached map of the Mall.
Authorized Signature
Date
For:
KURT BRESSNER
BOYNTON BEACH. fL
fi Q~'7A
{p 1~3 ~
RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA
. A. The ~anagement Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activities to be
conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called "Common Area") by interested
persons and organizations approved by Management in its sole discretion (hereinafter called "Users"). To accommodate such Users in a manner and
to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in
order to facilitate such use of the "Common Area."
The commercial activity of the Shopping Center and Mall, tenants, their owners, officers, directors, employees, customers and invitees are the
primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a
permit for such activity from the Management. Such permit shall be granted only for use of that area designated as "Common Area."
C. A User may apply for a permit to use the "Common Area" within the Shopping Center at the Mall office of the Marketing Director during the hours of
9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and
regulations and should be made no later than 30 days prior to the day requested by the User for use of the "Common Area".
D. In making a determination as to whether a permit to use the "Common Area" within the Shopping Center shall be issued, Management shall evaluate
the following: The nature of the activity; the dates, times and duration of the activity; the risk of injury to any person or properties; the risk of
unreasonable interference with the aforementioned commercial activities of Shopping Center tenants and their owners, officers, directors, employees,
customers and invitees. Management wil/ consider applications on first-come, first-served basis.
E. Each User shall agree to comply with the following conditions and rules:
1. The activity shall be confined to a specific use of the "Common Area" as set forth in detail on the Application and will be limited to date and times
specified on such Application and confined to the "Common Area" as determined by Management.
2. Users shall at all times during its use of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests
or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be
asked to leave the Shopping Center immediately.
3. In the event there are any licenses or permits required by any governmental agency or authority with respect to the type of activity carried on,
Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the
"Common Area" including but not limited to the use of alcoholic beverages or gambling.
4. All Users using the "Common Area" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the
Management Company (and all their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners,
officers, directors, employees, customers and invitees) and the Merchants' Association or Promotional Fund against and from any and all
liabilities, obligations, losses, penalties, claims, action suits, damages, expenses, disbursements (including legal fees and expenses), or costs of
any kind and nature whatsoever in any way relating to or arising out of any activity of the Users (including without limitation the activities of the
User's members, officers, directors, employees, agents, contractors, servants within the Shopping Center). The Shopping Center tenants, the
Merchants' Association or Promotional Fund, fee owner, its lessee, or the Management Company shall not be liable to any User using the
"Common Area" or any other person on or about the enclosed Mall, the adjoining grounds and parking lot, by the User's consent, invitation or
license, express or implied, for any loss, expense or damage, either to the person or property sustained by reason of any condition of said
"Common Area" or the Shopping Center, or due to any act of any employee or agent of the Association or the Promotional Fund, the Shopping
Center tenants, the fee owner, its lessees, the Management Company or the act of any other person whatsoever.
5. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require
substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the
commencement of the activity, the Management may, as a condition to granting a permit, require security for the performance of the Applicant's
obligation as licensee under such permit and these rules and regulations. Such security shall be in a form satisfactory to the Management and
may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant's performance. Where such determination is
made and insurance is required, such insurance shall be in the minimum of a commercial general liability policy having limit of $2,000,000.00 per
occurrence with a $2,000,000.00 aggregate, naming Landlord, Property Manager, and Simon Property Group, Inc. as additional insured.
6. Unless otherwise permitted by Management the User shall not vend or peddle, or solicit orders for sale or distribution of merchandise, devices,
services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any
other written material in or around the Shopping Center without prior written approval by Management.
7. The User shall not use any vehicle, motor, camera, lighting device or projector on the "Common Area" without prior approval of Management.
The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or
engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display
which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of
noise or odors or use any device or paraphernalia, which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or
phonographs without prior written approval by Management. If use of vehicles is approved, evidence of auto liability in the amount of
$1,000,000.00 combined single limit must be provided.
8. Any interested person or organization using the "Common Area" shall not engage in any conduct which might interfere with or impede the use of
any other facilities of the Shopping Center by any customer, business invitee or employee, employer, or tenant or create a disturbance, attract
attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole
discretion, shall determine whether such objectionable conduct has occurred.
9. The "Common Area" shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain
order and to keep the "Common Area" free from rubbish will be borne by the User.
10. If the Management shall deem the use of the "Common Area" objectionable, at its sole discretion, it may, without any notice whatsoever,
terminate the rights of the User to use the "Common Area." All such persons shall immediately remove themselves from the Shopping Center,
the enclosed pedestrian arcade, and the adioining grounds and parking lots.
11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Marketing Director or the Manager of the Shopping Center
at least 30 minutes before such use.
12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stairways, escalators, roads, driveways, parking
lots or any other area regularly used for such traffic within the Shopping Center.
13. Notwithstanding anything herein to the contrary, management may in its sole discretion permit or not permit any person or organization to use the
common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever
for any damages, claims, losses, actions, suits arising from such removal.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
June 27, 2005
ANDREA HORNE
MANAGER
BOYNTON BEACH MALL
801 N CONGRESS AVENUE
SUITE 295
BOYNTON BEACH FL 33426
Re: Resolution No. ROS-l04 - Application for Permit to Use Common Area -
City Hall in the Mall
Dear Ms. Horne:
Enclosed for your information and files is a copy of Resolution No. ROS-I04 that was
approved by the City Commission at their regular meeting on June 21, 2005. Also
enclosed is a copy of "Application for Permit To Use Common Area" for the City of
Boynton Beach City Hall in the Mall.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CTIY OF BOYNTON BEACH
Yn.~
net M. Prainito, CMC
City Clerk
Enclosures
c: Wally Majors, Central File
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\Andres Home. City Hall in the Mall Pennit Appncation.doc
America's Gateway to the Gulfstream
II I
1
2
3
4 RESOLUTION ROS- 10&.#
5
6
7 A RESOLUTION OF THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA,
9 AUTHORIZING AND DIRECTING THE MAYOR
10 AND CITY CLERK TO EXECUTE A LEASE
11 AGREEMENT BETWEEN THE CITY OF BOYNTON
12 BEACH AND BOYNTON JCP ASSOCIATES, LTD.
13 PROVIDING FOR THE CITY TO CONTINUE
14 LEASING THE SPACE AT THE BOYNTON BEACH
15 MALL FOR "CITY HALL IN THE MALL"; AND
16 PROVIDING AN EFFECTIVE DATE.
17
18
19
20 WHEREAS, the current lease agreement between the City and Boynton JCP
21 Associates, L TD., providing space for "City Hall in the Mall" expires May 31, 2005.
22 WHEREAS, the City of Boynton Beach has successfully operated "City Hall
23 in the Mall" at the Boynton Beach Mall, bringing local government services to mall
24 patrons, enhancing community relations, and providing other useful services to the
25 community; and
26 WHEREAS, as part of the agreement, the City Commission approved a
27 multi-year Special Event Permit for up to six (6) events per year at no charge to
28 Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in
29 the Mall" location for a five (5) year period beginning June 1, 2005 and expiring on
30 May 31,2010.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
32 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36 Section 2. The City Commission of the City of Boynton Beach, Florida
1
!
ì
I) I
1 does hereby authorize and direct the Mayor and City Clerk to execute the lease
2 agreement between the City of Boynton Beach and the Boynton JCP Associations,
3 LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy
4 of said lease being attached hereto as Exhibit "A".
5 Section 3. This Resolution will become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this ar day of June, 2005.
8
9 BEACH, FLORIDA
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24 Commissioner
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2
APPLICATION FOR PERMIT TO USE I Shopping Center I
COMMON AREA
Boynton Beach Mall
Form 138 (Rev. 9-01)
Instructions: Please TYPE or PRINT all information. R05-l0t./
Name of Individual/Organization Describe the nature of the activity
Cit Hall in the Mall Information and dis la re ardin the Cit of Bo nton Beach
Street Address satellite customer service center in room 111 at Boynton Beach Mall.
Staffed by volunteers and City workers
100 East Bo nton Beach Boulevard to rovide a variet of services for the Cit and Palm Beach
City, State, Zip County. City of Boynton Beach agrees to allow
Boynton Beach, Florida 33425 Boynton Beach Mall the use of their southeast/southwest
parking lots for recreational vehicle, automobile, boat,
holida tree sales and shows 12 times er ear.
Telephone No.
561-742-6236
DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD BE IN CHARGE
From: DA.M. To: DA.M. Virginia Shea
6/1/05 Dp.M. D P.M.
From: DAM. To: DA_M.
Dp.M. Dp.M.
From: DAM_ To: DAM.
5/31/10 Dp.M. Dp.M.
If use of special decorations, siQns, displavs, or devices is requested, explain
GENERAL RELEASE AND INDEMNITY
(Please read carefully)
Applicant agrees that if a Permit is issued pursuant to this Application, Applicant will defend, indemnify and hold Management, the Owner, each
tenant of the Shopping Center, and the Merchants' Association or Promotional Fund harmless from and against any and all claims for personal
injuries, death, damages, costs, and/or other expenses, including reasonable attorney's fees, arising from or in any way connected with the use of
the Common Area of the Shopping Center or any part or facility thereof by the Applicant or his agents, members, partners, associates, contractors,
servants and employees, and the undersigned does hereby release, discharge and acquit the Owners of the real estate, their lessees, the Mall
Management Company (and all their shareholders, directors, employees, customers and invitees), Mall Tenants (and their owners, officers,
directors, employees, customers and invitees) and the Mall Merchants' Association or Promotional Fund from any and all claims, demands, and
actions for any loss, cost, expense, damage or injury either to the person or property of the Applicant and each member of the Applicant sustained
by reason of any condition of said Common Area or the Mall Shopping Center, or due to any act of any employee or agent of the Merchants'
Association or Promotional Fund, the Mall Tenants the fee Owner, its lessee, the Management Company or the act of any other person or entity
whatsoever, all of which claims are hereb waived b A licant for itself and each of its members.
ACKNOWLEDGEMENT
(Please read carefully)
The undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that
he/she is 21 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations
Governing Use of the Common Area of the Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the
making of this Application, the issuance of any Permit based on this Application and the use authorized by such Permit are expressly conditional
upon Applicant's acceptance and continuing observation of said Rules and Regulations_
Name of person completing application Street Address (if different that above)
Jerry Taylor
City, State, Zip
CITY MANAGER
Date Phone No.
PERMIT TO USE COMMON AREA
The Individual/Organization named above has permission to use the Authorized Signature Date
designated portion of the Common Area during the above stated hours
date(s), subject to the Mall policies and to the Rules and Regulations
stated on the reverse side hereof.
D Please locate the exhibit, display, or equipment in the Mall Common
Area as indicated on the attached map of the Mall.
For: KURT BRESSNER
BOYNTON BEACH, Fl
!t2- Q ~'7Ã (PJ~3 ~
C".ITV ßTTnn.._-::
RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA
A The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activities to be
conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called "Common Area") by interested
persons and organizations approved by Management in its sole discretion (hereinafter called "Users"). To accommodate such Users in a manner and
to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in
order to facilitate such use of the "Common Area."
B. The commercial activity of the Shopping Center and Mall, tenants, their owners, officers, directors, employees, customers and invitees are the
primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a
permit for such activity from the Management. Such permit shall be granted only for use of that area designated as "Common Area."
C. A User may apply for a permit to use the "Common Area" within the Shopping Center at the Mall office of the Marketing Director during the hours of
9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and
regulations and should be made no later than 30 days prior to the day requested by the User for use of the "Common Area".
D. In making a determination as to whether a permit to use the "Common Area" within the Shopping Center shall be issued, Management shall evaluate
the following: The nature of the activity; the dates, times and duration of the activity; the risk of injury to any person or properties; the risk of
unreasonable interference with the aforementioned commercial activities of Shopping Center tenants and their owners, officers, directors, employees,
customers and invitees. Management will consider applications on first-come, first-served basis.
E. Each User shall agree to comply with the following conditions and rules:
1. The activity shall be confined to a specific use of the "Common Area" as set forth in detail on the Application and will be limited to date and times
specified on such Application and confined to the "Common Area" as determined by Management.
2. Users shall at all times during its use of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests
or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be
asked to leave the Shopping Center immediately.
3. In the event there are any licenses or permits required by any governmental agency or authority with respect to the type of activity carried on,
Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the
"Common Area" including but not limited to the use of alcoholic beverages or gambling.
4. All Users using the "Common Area" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the
Management Company (and all their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners,
officers, directors, employees, customers and invitees) and the Merchants' Association or Promotional Fund against and from any and all
liabilities, obligations, losses, penalties, claims, action suits, damages, expenses, disbursements (including legal fees and expenses), or costs of
any kind and nature whatsoever in any way relating to or arising out of any activity of the Users (including without limitation the activities of the
User's members, officers, directors, employees, agents, contractors, servants within the Shopping Center). The Shopping Center tenants, the
Merchants' Association or Promotional Fund, fee owner, its lessee, or the Management Company shall not be liable to any User using the
"Common Area" or any other person on or about the enclosed Mall, the adjoining grounds and parking lot, by the User's consent, invitation or
license, express or implied, for any loss, expense or damage, either to the person or property sustained by reason of any condition of said
"Common Area" or the Shopping Center, or due to any act of any employee or agent of the Association or the Promotional Fund, the Shopping
Center tenants, the fee owner, its lessees, the Management Company or the act of any other person whatsoever.
5. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require
substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the
commencement of the activity, the Management may, as a condition to granting a permit, require security for the performance of the Applicant's
obligation as licensee under such permit and these rules and regulations. Such security shall be in a form satisfactory to the Management and
may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant's performance. Where such determination is
made and insurance is required, such insurance shall be in the minimum of a commercial general liability policy having limit of $2,000,000.00 per
occurrence with a $2,000,000.00 aggregate, naming Landlord, Property Manager, and Simon Property Group, Inc. as additional insured.
6. Unless otherwise permitted by Management the User shall not vend or peddle, or solicit orders for sale or distribution of merchandise, devices,
services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any
other written material in or around the Shopping Center without prior written approval by Management.
7. The User shall not use any vehicle, motor, camera, lighting device or projector on the "Common Area" without prior approval of Management.
The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or
engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display
which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of
noise or odors or use any device or paraphernalia, which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or
phonographs without prior written approval by Management. If use of vehicles is approved, evidence of auto liability in the amount of
$1,000,000.00 combined single limit must be provided.
8. Any interested person or organization using the "Common Area" shall not engage in any conduct which might interfere with or impede the use of
any other facilities of the Shopping Center by any customer, business invitee or employee, employer, or tenant or create a disturbance, attract
attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole
discretion, shall determine whether such objectionable conduct has occurred.
9. The "Common Area" shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain
order and to keep the "Common Area" free from rubbish will be borne by the User.
10. If the Management shall deem the use of the "Common Area" objectionable, at its sole discretion, it may, without any notice whatsoever,
terminate the rights of the User to use the "Common Area." All such persons shall immediately remove themselves from the Shopping Center,
the enclosed pedestrian arcade, and the adjoining grounds and parking lots.
11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Marketing Director or the Manager of the Shopping Center
at least 30 minutes before such use.
12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stairways, escalators, roads, driveways, parking
lots or any other area regularly used for such traffic within the Shopping Center.
13. Notwithstanding anything herein to the contrary, management may in its sole discretion permit or not permit any person or organization to use the
common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever
for any damages, claims, losses, actions, suits arising from such removal.
--... '" .,.."...........