HomeMy WebLinkAboutLibrary Lease February 1988i
MICROFILN4ED JUNE 89
RESOLUTION NO. 88-4
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO ENTER INTO A Y
AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNT
FLORIDA, TO PROVIDE LIBRARY SERVICES
TO THE CITY OF CAPE CANAVERAL; PROVID-
ING AN EFFECTIVE DATE.
BE IT RESOLVED, BY THE City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Y
SECTION 1.
The Mayor and City Clerk are hereby authorized
to execute an agreement with the Board of County Commissioners of
Brevard Cy►
ount Florida, for providing library services to the
City of f Ca e Canaveral, Florida; a copy of said agreement is
attached hereto and made a part hereof by reference.
SECTION 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 2nd day of February , 1988.
Mayor
ATTEST: DAME YES I NO
HOOG X
KID D X
C ' ty Clerk LEE X
Approved as to Form: rnlLI_ER XXj -
RANDELS
Ci Attor ey
MICROFILMED JUNE 89
L E A S E A G R E E M E N T
THIS AGREEMENT, entered into this 1st day of March ,
19 88, by and between the BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, hereinafter referred to as "Board", and
the CITY OF CAPE CANAVERAL, hereinafter referred to as "City".
TAT T m M IM e 0 L1 m v.
WHEREAS, the Board intends to establish a Countywide free
public library system; and
WHEREAS, the City owns the facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the residents of the City and the County will
benefit from the operations of such a library; and
WHEREAS, the City wishes to relinquish its obligations to
operate such a library, and
WHEREAS, the Board wishes to undertake the operation of such
a library, and
WHEREAS, the parties wish to define their responsibilities
relating to the library.
NOW, THEREFORE, for and in consideration of the mutual
promises of the parties and the covenants and conditions herein
contained, it is mutually agreed between the parties as follows:
1. The City leases to the Board for $1.00 per year that
building located at 7400 Poinsetta Avenue, Cape Canaveral,
Florida 32920, on the parcel of City property described below:
Section 23, Township 24 South, Range 37E,
Avon -by -the --Sea, Block 47, Lots 1-2-3.
9-10-11
2. It is the intent of the parties that the Board shall
have the primary control in accordance with this Agreement over
all buildings, structures, facilities, library media and
materials, furniture, equipment and other tangible property
utilized for the operation and maintenance of the library.
Policy for use of Meeting/Conference Rooms for said library shall
be by mutual agreement between the Brevard County Library System
and the City.
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MICROFILMED JUNE 89
A list of all materials (including books and media),
furniture, equipment and other tangible property given to the
Board is appended hereto as Exhibit "A". The Board shall have
control of these items for such time as this Agreement is in
effect. If the Board determines such material shall be disposed
of or not be utilized for this library's purposes, the Board
shall return such items to the City.
3. It is hereby mutually agreed and understood that the
Board s -ll_. have primary control over the operation and
maintenance of the library including, but not limited to, the
collection and disbursement of income attributable thereto,
except for funds raised or earned by the City of Cape Canaveral,
the City of Cape Canaveral Library Board 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 seperate account and
such funds shall be utilized solely for the library.
4. The Board hereby agrees to provide all payment for
electricity, light, heat, power, water, telephone and other
utility services required for the operation and maintenance of
the library.
5. Pursuant to its right to control the facility, the Board
reserves the right to make renovations and additions and
deletions to the said buildings, structures, facilities and
equipment, including, but not limited to, the roof, plumbing,
heating and cooling systems, and all other utility systems and in
all respects to deal with the facility in its sole discretion.
Any work which would enlarge or expand the Library building or
alter the exterior or interior walls would require prior City
approval.
6. 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.
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MICROFILMED ,DUNE 89
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 or causes death or personal injury not covered
by the insurance of the City. Further, the Board agrees to
indemnify and hold the City, their sureties, insurors,
successors, assigns and legal representatives harmless from any
liability, claim, cause of action, demand or damages for such
casualty, theft, accident, death or personal injury of any kind
or nature to any third party or such third party's property as a
result of the acts, whether intentional or negligent, or
omissions of any of the Board's employees, independent
contractors or agents. Any promises to indemnify, however, are
limited on the basis that the Board is self-insured as permitted
under Florida Statutues and rely on Florida Statute 768.28 which
limits the County's liability to $100,000 per person, $200,000
per occurrence.
7, 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 from the local community pertaining
to the needs of the Cape Canaveral Library to the Brevard County
Library Board and the Library Services Manager.
8, The City shall be responsible for maintenance of the
parking areas, walkways and grounds adjacent to and surrounding
the library at its own expense and for providing public liability
insurance consistent with the limits of coverage applied to all
other City owned property. Proof of liability insurance shall be
provided at the time of the signing of the agreement, and a copy
delivered to the Contracts Manager within ten (10) days of the
signing. The Board shall be responsible for the maintenance of
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MICROFILMED JUNE 89
the structures including the interior and exterior of the
structures. The City shall be responsible for maintenance of
outside lighting, sprinkler system, underground water and
wastewater lines, landscaping and approaches to the Library
building.
9. This Agreement shall be for so long as the facility is
maintained as a Public Library open to the public by the Board,
except that either party may terminate this Agreement, without
cause, upon one hundred eighty ( 184) days written notice to the
other party. If this Agreement is breached, the non --breaching
party may terminate the Agreement upon providing twenty-four (2 4 )
hours written notice to the breaching party. However, said
termination shall not affect the rights of the non -breaching
party to pursue any remedies at law or equity that it may have.
14. This Agreement is not assignable.
11. No change, modification or waiver of any of the
provisions or conditions of this Agreement shall be valid unless
in writing, signed by a duly authorized representative for each
party. Waiver or breach of this Agreement or failure to follow
any provision of the Agreement shall not be deemed a waiver of
any other or subsequent breach, and shall not be considered to be
a modification of the terms of this Agreement.
12. This Agreement shall be governed by the Laws of Florida.
In the event any portion of the contract is declared invalid, the
remainder of the Agreement shall remain in force.
13. This Agreement represents the entire Agreement between
the parties.
14. Notice under this Agreement may be given to the County
by sending written notice to the Office of the County
Administrator, 2235 North Courtenay Parkway, Merritt Island, FL
32953, and notice shall be given to the City by sending written
notice to the City Manager, City of Cape Canaveral, P.O. Box 326,
Cape Canaveral, FL 32920.
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MICROFILMED .LUNE 89
IN WITNESS WHEREOF, said parties have herein set their hands
and seals the day and year first above written.
ATTEST: CITY CAPE CA V RAL
City Clrerk -(Eleputzlj M yor
ATTEST:
.00
R. C. Winstead, Jr. , 9j4,rk
STATE of FLORroA
r-OUNrr of DREVARD
This is to certify that th• oi1fD 4
Or correct copy
W t�ss� ixrari
MWafficral salt thi day cd
R. C. WINSTEAD, dL
Ctuk ai C W1
C
D.C.
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY,LORIDA
By.
Chairman Sue Schmitt
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MICROFILMED JUNE 89
BREVARD COUNTY LIBRARY SYSTEM
POLICY FOR USE OF MEETING/CONFERENCE ROOMS
CAPE CANAVERAL PUBLIC LIBRARY
1. Library programs have priority over all other activ-
ities, except for special City Council meetings as determined by
the City of Cape Canaveral. Programs "co-sponsored" by the
library are next in priority. "Co-sponsored" means that the
library staff or "Friends" participates in planning and presenting
programs of an educational and cultural nature.
2. Meeting rooms are available for use by organizations
which assume responsibility for the conduct of the programs and
the care of the facilities. The room may not be used for profit-
making purposes. Direct sales shall not be allowed on library
premises.
3. All meetings must be open to the public within safety
limitations. The library reserves the right to deny use of,the
meeting rooms. Meeting rooms are not available for partisan
political activities, religious groups, or groups which have unlaw-
fully discriminatory membership requirements.
4. No admission charge or request for donations shall be
for any functions other than those under library sponsorship. In
the case of any educational classes, instructor and material costs
may be recovered.
5. Accidents must be reported immediately to a member of
the staff.
6. Meetings held during library hours must be over 15
minutes prior to closing time. In libraries where the meeting
space can be closed off from the rest of the building, where it
can be exited directly and equipment secured, meetings may run
beyond closing time when detailed arrangements have been made and
approved by the Library Director in advance of the meeting.
7. Light refreshments, such as cookies and cakes, may be
served, but no. cooking is allowed other than for hot beverages.
The room must be left in the same condition and arrangement as
prior to the use of the room.
S. SMOKING IS NOT PERMITTED.
9. No furniture or equipment may be brought into or removed
from these rooms without prior written permission. The library is
not responsible for equipment, supplies, exhibits, or other
materials owned by a group and used in the library. The library
does not provide storage space.
10. Organizations that consistently have less than 15
persons in attendance may be asked to relocate to another
conference room. The meeting room may be reserved for groups of
more than 15.
1
11. If the library meeting room is designated as a voting
precinct, when an election is scheduled, it will pre-empt all
scheduled meetings. Groups meeting on an election day will be
informed of this in advance whenever possible.
12. The library retains the right to cancel a reservation
for the meeting room with notice and for cause. If a program is
cancelled, the library will make every effort to notify the group
who had reserved the room. Groups holding reservations are
requested to notify the Library Director of any cancellation.
13. Use of the meeting/conference rooms is a privilege. Any
violation of these rules as determined by the Library Director
will result in cancellation of the group's future meeting privi-
MICROFILMED JUNE 89
lege as well as a financial assessment for damages incurred. The
financial assessment for damages will be set by the Library
Director. If the organization wishes to appeal the decision, they
must contact the Library Services Mana er.
14. Any application for use of the meeting room must be
completed and submitted prior to use of the library facility.
15. Use of library meeting rooms does not imply library
endorsement of the aims, policies, or activities of any group.
Approved this 1st day of
BREVARD COUNTY LIBRARY
SYSTEM
March
CITY F CAPE CANAVERAL
Mayor
ATTEST:
C�ity Clerk
1988.
MICROFILMED- JUNE 89
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