HomeMy WebLinkAboutLibrary Lease 1st Amndmt 1998 AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this 1 day of SP temhpr , 1998, by
and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a
political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE
CANAVERAL, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a
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copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City owns the original 9000 square foot facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the Board has constructed in conjunction with the City, a 6000 square foot
addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the
"Library Building" which is owned in its entirety by the City, and
WHEREAS, the parties hereto desire to set forth and define their respective duties and
responsibilities relating to the Library Building.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereby agree as follows:
SECTION 1. That Paragraph 1 of the Agreement is amended to read:
The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue,
Cape Canaveral, Florida 32920.
SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following
language:
A list of all materials (including books and media), fumiture, equipment and other tangible property
given to the Board is appended hereto as Exhibit "A."
And to read:
The Board shall have control over all County -owned property for such time as this Agreement is in
effect.
SECTION 3. That Paragraph 3 of the Agreement is amended to read:
It is hereby mutually agreed and understood that the Board shall have primary control over the
operation and maintenance of the Library Building including, but not limited to, the collection and
disbursement of income attributable thereto, except for funds raised or eamed by the City of Cape
Canaveral and the Friends of the Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish accounting procedures for control of these
funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the
library shall be held in a separate account and such funds shall be utilized solely for such purposes
as requested by the Library Director, and as approved by the Board or its designee.
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SECTION 4. That Paragraph 6 of the Agreement is amended to read:
The Board shall not be obligated to replace the library structure or any library media, materials, or
furniture in the event of fire, theft or accidents which destroy library property. It being understood
that the City shall maintain, at its sole expense, hazard, liability and extended insurance on the
structure and its contents. However, the Board shall be responsible for any damage, personal injury
or death resulting from the negligence of any of its employees for any casualty, theft or accident
which destroys library property (structure and contents) or causes death or personal injury.
SECTION 5. That Paragraph 7 of the Agreement is amended to read:
The City agrees to provide a local Library Board to represent the interests of the public, to provide
for development and improvement of local library services, and to serve as an information resource
in planning local library service programs for discussion and review by the Brevard County Public
Library Board. This local board shall be implemented to facilitate the transmission of information
x from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard
County Library Board and the Library Services Director.
SECTION 6. That Paragraph 14 of the Agreement is amended to read:
Notice under this Agreement may be given to the County be sending written notice to the Office of
the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940.
SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988,
which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first
above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLO IDA
.l4.. _Am BY:
STATE OF FLor+;Baridy Cra ord, Cle ' Helen Voltz, Ch rman
COUNTY OF BRE' ARD As approved by the Board 9-15-9R
This is to certify that the fn re "o'ng iS . a
true and correct copy °f . l�►l_. � -+t' hand
CITY OF CAPE CANAV
Witness my
day of
and faf seal this BY p 1
19 —"' Mayor
gpNOY CRAWFORO Dated: .2 -4 �w....e 1998
STATEert PiPtoit )
e lf COUNTl!„QE,20t )
The foregoing instrument was acknowledged before me this day of 7,ve
1998, by Rock( RAA/A &GS of the CITY OF CAPE CANAVERAL,
who is personally known to me or who has produced as identification.
Notary
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igi.."14k= SANDRA H. SIMS
f*: ak 14 MY COMMISSION 1 CC 483565 '
O(PIRES: July 24, 1999
Thru Notify Pubic Unden•alters
(S E A L)
Notary Name (typed, printed or stamped)
My Commission No.
My Commission Expires:
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