HomeMy WebLinkAboutLibrary Lease 3rd Amendmt 2017 THIRD AMENDMENT
LIBRARY LEASE AGREEMENT
THIS THIRD AMENDMENT TO THE LEASE AGREEMENT entered into this
19 day of Sept . 2017, by and between the BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida,hereinafter
referred to as the "Board" and the CITY OF CAPE CANAVERAL, hereinafter referred to as the
"City."
WITNESSETH:
WHEREAS, the parties previously entered into an Agreement dated March 1, 1988, as
amended on September 15, 1998 and again amended on August 18, 2009; and
WHEREAS,the City owns the building and land used for Cape Canaveral Library; and
WHEREAS, the Board operates Cape Canaveral Library as part of the Countywide
Library System; and
WHEREAS, the Parties desire to amend the Agreement regarding the use of the Cape
Canaveral Library, specifically the Meeting Room,by the City; and
WHEREAS, the City has used the Meeting Room for a number of years for purposes of
holding City Council meetings and other public meetings; and
WHEREAS, the City, as authorized by the Second Amendment to this Library Lease
Agreement, made improvements to the Library Meeting Room at its expense, including
refurbishing the Meeting Room, providing for new audio and visual equipment and providing
flexible furnishings to accommodate public meetings; and
WHEREAS, the City has completed a new City Hall construction project and no longer
will have a regular need to use the Library Meeting room for City Council and public meeting
purposes,though occasional use will still occur; and
WHEREAS, the City desires to allow the Cape Canaveral Library to continue to use the
audio visual equipment and flexible furnishings for library purposes, provided that the Library
maintains such equipment and furnishings; and
NOW THEREFORE, in consideration of the promises and mutual covenants herein
contained,the Parties hereby agree as follows:
SECTION 1. Paragraph 2.b. of the Agreement, a subparagraph added by the Second
Amendment of the Library Lease Agreement, is deleted in its entirety and replaced with the
following:
The City shall be entitled to use the 2,000 square-foot multi-purpose public Meeting
Room located within the Cape Canaveral Library, on an as-needed basis for various public
meetings, subject to coordination of scheduling of dates and times with the Cape Canaveral
Library Director. The City, having previously used the Meeting Room for City Council and
various City Board meetings, made improvements to the Meeting Room at its expense,
including provision of new audio and visual equipment and flexible furnishings as described in
Meeting Room Concept A, attached to the Second Amendment to the Library Lease Agreement.
The City desires to allow the Cape Canaveral Library to continue to use the
improvements, namely the audio and visual equipment, with the exception of a Dell 1LKR551
laptop, and flexible furnishings, for library uses, public events and meetings. The Cape
Canaveral Library shall be responsible for the repair and maintenance of the improvements.
When such improvements are no longer needed for library purposes, the Cape Canaveral Library
shall return such improvements to the City for its use or disposition and sale.
SECTION 2. All other terms and conditions of the Agreement dated March 1, 1988 as
amended by the Amendment dated September 15, 1998 and the Second Amendment dated
August 18, 2009, not inconsistent with the provisions herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have set their signatures and seals
effective on the date first written above.
CITY OF CAPE CANAVERAL, BOARD OF COUNTY COMMISSIONERS
FLORIDA, OF BREVARD COUNTY, FLORIDA
11111
BY: J BY:
Bob Hoog,Mayor Chai .Orson- CURT SMITH
As approved by City Council 10/17/17
A1-1ESTED: As approved by the Board on:September 19 , 201 7
September 19 , 2017
Mia Goforth, City Clerk Date
ATTEST: ,
Clerk-4 .LIS
RI. 'it.lead for legal form and content:
(Assistant)County Attorney