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HomeMy WebLinkAboutLibrary Lease 2nd Amndmt 2009 • SECOND AMENDMENT LIBRARY LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT entered into this (' day of 2009, 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 WHEREAS, the City owns the building and land of 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 additional use of the Cape Canaveral Library, specifically the Meeting Room, by the City and define their respective duties and responsibilities. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, the Parties hereby agree as follows: 1 SECTION 1. Paragraph 2. of the Agreement (March 1, 1988), as amended by the Amendment (September 15, 1998) is hereby re- numbered to Paragraph to be Paragraph 2.a.. SECTION 2. Paragraph 2.b., a new subparagraph, is added as follows: The City shall be entitled to use the 2,000 square foot multi - purpose public Meeting Room located within the Cape Canaveral Library, on a temporary basis, as a meeting room for the City Council and various City Boards subject to coordination of scheduling of dates and times with the Cape Canaveral Library Director. The City, given its increased use of the multi- 1 • • purpose room and the nature of the use (city council meetings, etc.), wishes to make improvements to the Meeting Room that the City will fund at its expense. The City, at its expense, shall refurbish said Meeting Room, provide for new audio and visual equipment and provide flexible furnishings, as prescribed in Exhibit "A" attached hereto. The City shall be responsible for the repair and maintenance of the meeting Room audio and visual equipment and the flexible furnishings. The Cape Canaveral Library Director is authorized to use said flexible furnishings and the new audio and visual equipment for Library use, public events and meetings. The City shall be responsible for moving the flexible furniture when requested by the Cape Canaveral Library Director. The City shall, at its expense, upgrade the security alarm system to separate the Library area from the Meeting Room, Lobby and Restroom areas. The City shall be responsible for the cost, fines, etc. associated with any false alarms which may occur or associated with an improperly set alarm. The City shall be responsible for securing the Meeting Room, Lobby, and Restroom Areas during hours which the Library is not operating or closed to the public. The Parties agree that the City is not required under the terms of this amendment to reimburse the County for any maintenance costs at this time. The parties will review maintenance costs incurred by the respective parties, other than those expended for the improvements made to the Meeting Room, on an annual basis beginning June 1, 2010 to determine whether this paragraph should be adjusted. SECTION 3. All other terms and conditions of the Agreement dated March 1, 1988 as amended by the Amendment dated September 15, 1998, not inconsistent with the provisions herein shall remain in full force and effect. 2 • • 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 dui ALL BY: BY Rocky Randels, Mayor Chuck Nelson, Chairperson ATTESTED: As approved by the Board on: - \to.- JP! r lif3f apoR Mia oforth, Actin eputy City Clerk Date / / ATTEST: AV cot lhs, 47 erk to the Board 3 • 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 Q.a)c_V-1 n dui Alai - BY: w�/QQQ, BY: Rocky Randels, Mayor Chuck Nelson, Chairperson ATTESTED: As approved by the Board on: "../6" ?J J ( � Mia oforth, Acti . I eputy City Clerk Date f � ATTEST: AV/ 'cow llis,Terk to the Board 3 i i 1 01 i i dpi3 t 1 / <141464g) i Ail th 4 idj g i 1 N i 7 1 g_ sifigonti g L 111 ii I 1 1° Q <1 N , @ N N fi ' N ■ 1 < i 5 8 kg 1 §--. a V:Al i O'ig b , § 3 h d 1-- I W U Z / _Jr 0 i / ° OOO ® ®® 1 l g ® OOOOOfJ N .iA g ® O O2O O O �, OOOa0OO 0 a n CA 0 0 it C J --Q 0 0 O.000 0 C r 0 D 0; D 0 0 O O O Z O O 0E- O O O I'." 0 ii 0 000000 II LUG \ C) k›- m g 0 0 0 0 0 0 U .=_L ' - 00 b 075 o — . 119 X y � 4 1