Loading...
R00-058RESOLUTION R0 0-¢¢'g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON JCP ASSOCIATES, LTD. PROVIDING FOR THE CITY TO CONTINUE LEASING THE SPACE AT THE BOYNTON BEACH MALL FOR "CITY HALL IN THE MALL"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current lease agreement between the City and Boynton JCP Associates, LTD., Providing space for "City Hall in the Mall" expires May 31,2000. WHEREAS, the City of Boynton Beach has successfully operated "City Hall in the Mall" at the Boynton Beach Mall, bringing local government services to mall patrons, enhancing community relations, and providing other useful services to the community; and WHEREAS, on February 15, 2000, the City Commission approved a multi-year Special Event Permit at no charge to Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in the Mall" location for a five (5) year period beginning June 1, 2000 and expiring on May 31,2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the lease agreement between the City of Boynton Beach and the Boynton JCP Associations, LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy of said lease being attached hereto as Exhibit "A". Section 2. passage. This Resolution will become effective immediately upon PASSED AND ADOPTED this ,~ day of May, 2000. AT_TEST: Cit/y Clerk CITY ~ BOYN~0~ ~E,~CH, FLO?DA IV~yo~.? Vice Mayor -~- ~ Mayor ~ro Tern Co~sioner 2 /'~"A 'PLICATION FOR PERMIT TO USE "~,~COMMON AREA Form 138 (Rev. 2.99) Shopping Center Boynton Beach Mall Instructions: Please TYPE or PRINT all informa~on. !~::~;~~ Descdbe the nature of the activity City Hall In The Malt Information and display regarding the City Of Boynton. 100 E. Boynton Beach Blvd. The City of Boynton Beach satellite customer service Boynton Beach, FL 33425 center staffed by volunteers and City workers to provide (561)375-6000 a variety of services for the City and Palm Beach County in room 111 at Boynton Beach Mall at 1,595sf. DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD SE IN CHARGE From: [] A.M. To: [] Wilfred Hawkins, Assistant to the City Manager A.M. 06/01/2000 N/A [] P.M. N/A [] P.M. From: [] A.M. To: [] A.M. through N/A [] P.M. N/A [] P.M. From: [] A.M. To: [] A.M. ~05~31/2005~ N/A [] P.M. N/A [] P.M. If use of special decorations, signs, clispisys, or devices is requested, explain 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, adsing 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 sharaholdera, directors, employees, customers and invitses), 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 parson 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 hereby waived by Applicant for itself and each of its members.  ACKNOWLEDGEMENT ~,~0~,'~' (P/ease rse~ carefully) Th_e~:lersigned h.~iy~resents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that he/she is 21r<~rs of age~;4~. 'The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations Goveming Use of the ~(~nmon Ares~e Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the making of this Application, the ) ~; issua~~'lllit b?'~ed-o_n this Application and the use authorized by such Permit are expressly conditional upon Applicant's acceptance and ~....9~tin~ observation of said Rules and Regulations. ,~d~'e of ~ n~ng application Street Address (if different that above) 'Gerald Broening Janet M. Prainito 100 East Boynton Beach Boulevard TitJe (if any) City, State, Zip ~,~ayor Deputy City Clerk (-:~-~ mf ~nfon Beach 2itv of Bovnton Beach Boynton Beach, FL 33425 S~c~/Z/~ ~t~..?/.~)/_~ Date I PhoneNo. ~/.:/-.l~.~,,~-v-----,.~ 5/].c~/oo (56].) 742-6000 The IndividUal/Organization named above I designated portion of the Common subject to the Mall -- reverse side hereof. ~ [] Please locate the exhibit, as indicated on the attached map of the Mall. Authorized Signature Date RULES AND REGUIJ~TION~ GOVERNING THE USE OF SHOPPING CENTER COMMON AREA The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service sctiv~es 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 organ~.ations 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 Mail, tenants, their owners, officers, directors, employees, customers and inviteea are the primary activities of the Shopping Center. All other Users cannot conduct any other ectiv~ within the Shopping Center without having first obtained a permit for such activity from the Management. Such permit shall be granted only for usa of that area designated as 'Common Area." A User may apply for a permit to usa 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 Usar for usa of the "Common Area". In making a determination as to whether a permit to usa 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 parson or properties; the risk of unreasonable interference with the aforementioned commercial activities of Shopping Center tenants and their owners, officers, directors, employees, customers and invitess. Management will consider applications on firat-come, first-served basis. Each Usar shall agree to comply with the following conditions and rules: 1. The activity shall be confined to a spacific 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 usa of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests or invitess. 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 usa of the 'Common Area" including but not limited to the usa of alcoholic beverages or gambling. 4. All Users using the "Common Ares" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the Management Company (and ali their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners, officers, directors, employees, customers 'and invitess) and the Merchants' Association or Promotional Fund against and from any and ali liabilities, obligations, Icasss, penalties, claims, action suits, damages, expanses, disbursaments (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, employs~, 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 perking lot, by the User's consent, invitation or licensa, 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 employes 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 parson 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 sscurity 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 general comprehensive or public liability policy having limits of $250,000.00 for one person, $,500,000.00 for one occurrence and property damage of $250,000.00 or a combined single limit poticy of $1,000,000.00. 6. Unless other,riss permitted by Management the User shall not vend or peddle, or solicit orders for'sale or distribution of merchandise, devices, services, periodicals, books, pamphlet, tickets or o~er material whatsoever. User shall nct exhibit any sign, plaque or banner, notice or any other written matedal in or around the Shopping Center without prior written approval by Management. 7. The User shall nct uss any vehicle, motor, camera, lighting device or projector on the 'Common Area' without pdor approval of Management. The User shall not engage in any f'~hting 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 suctl as the making of unreasonable noise or coarse or offensive utterance, gesture or display which causes or is likely to causa significant publio inconvenience, annoyance or alarm, In addition, the Usa' shall not permit the emission of noisa 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. 8. Any interested pemon 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 invitsa or employee, employer, or tenant or create a disturbance, attract attention or harass, annoy, disparage or be dat."imental to any of the retail establishments of the Shopping Center. Management, in its sole discretion, shsil determine whether such objectionable conduct has occurred. The "Common Area' shall be'surrendered in the sams condition as it was upon commencement of its usa. All expenses incurred to maintain order and to keep the "Common Area' free from rubbish will be borne by the User. 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 usa the 'Common Area.' All such persons shall immediately remove themsstvea from the Shopping Center, the enciosact pedestrian arcade, and the adjoining grounds and parking lots. All users of the "Common Area" shall, prior to occupying the "Area" for usa, notify the Marketing Director or the Manager of the Shopping Center at least 30 minutes before such usa. 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. Not~ithstanding 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. 11. 12. 13.