Loading...
112-Post Office Building LIBRARY AGREEMENT THIS AGREEmeNT, made and entered into this ~/'7.. day 0 political s b ivi o Florida (here- inafter referred to as "County"), and CITY OF SANFORD, Florida, a municipal corporation ex{sting under the laws of the State of Florida, (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the City, until October, 1975, owned and operated a library within the corporate limits of the City, known as the Sanford Municipal Library; and WHEREAS, the parties did effectuate a transfer of the operation of said Sanford Municipal Library to the.County as an integral part of the new Seminole County Library System pursuant to Section 125.01(1)(p), Florida Statutes; and WHEREAS, as the parties entered into a Library Agree- ment on September 23, 1975, with an initial term expiring Octo- ber 1, 1980, but renewable for successive five (5) year.options. NOW THEREFORE, in consideration of the premises'and mutual covenants hereinafter contained, the parties do hereby consent and agree as follows: 1. Description of Premises The City hereby agrees to allow the County use of the existing City of Sanford Municipal Library, more particularly described as: ParCel A. Commencing at the intersection of the West line of Palmetto Avenue with the north line of First Street in the City of Sanford, Florida, and according to E. R. Trafford's Map of Sanford, as recorded in Plat "B", Page. 111, of the public records of Orange County (of which the County of Seminole was formerly a part) and the point of beginning for this tract; thence run north along the west line of Palmetto Avenue 140 feet, thence west 80 feet, thence south 140 feet to the north line of First Street, thence east 80 feet along the north line of First Street to the point of beginning, being a parcel of land at the south- east corner of Block 2, Tier 2, as per E. R.- Trafford's map, abovementioned. Parcel B. For a point of reference, start at the inter- section of the west line of Palmetto Avenue with the north line of First Street in the City of Sanford, Florida, and according to E. R. Traf- ford's map of Sanford, as recorded in Plat Book "B", Page 111, of the Public Records of Orange County, (of which the County of Seminole was formerly a part), and run thence north along the west line of Palmetto Avenue 140 feet, thence west 80 feet to the point of beginning of the tract or parcel of land hereby conveyed; thence continue west 55 feet, thence south 140 feet to the north line of First Street, thence east along the north line of First Street 55 feet, thence north 140 feet to the point of beginning. under the .terms and conditions contained herein, and the County hereby agrees to use said building under such terms and conditions. 2o Use of Premises The County shall use the premises solely and exclusively for public library use and in the event the County discontinues the use of said premises for public library purposes, then this Agreement, in so far as it applies to such premises, shall terminate and possession of said premises shall revert to the City in accordance with the provisions of Paragraph 16. The parties agree that the term public library is intended to consist of public library services of a general nature similar to the services and materials presently existing on the premises at the time Of the execution of this Agreement. In consideration of this Agreement the COunty agrees to operate and fully staff and equip public library facilities on the premises described herein, which said facilities shall constitute a collection of public libra[y books, materia!s and services, either greater or comparable to the public library services existing at the time of the execution of this Agreement. 3. Lease with Option to Purchase The term of this lease shall be for a period beginning on October 1,.1980, and terminating April 17, 1983. Upon expiration of the term of this lease, the County shall have the Option to purchase said property for Ten Dollars ($10.00). In the event the County elects to exercise its option, the City shall deed th~ property being leased hereby to the County. In consideration of the grant of said option to purchase by the City, the County agrees that said deed shall contain a reversion- ary clause on condition that, if the premises are used for other than library purposes prior to April 17, 2003, ownership of said premises shall either revert to the City or at the County's option, the County may pay to the City the unamortized value of the premises based on a schedule to be agreed upon by the parties and included in said deed. If the parties cannot agree upon a schedule, a panel of three appraisers shall be appointed to establish the schedule. Each party shall appoint one (1) member with the third (3rd) member appointed by mutual consent o~ the parties. tf the County elects not to obtain title to the property at the end of this lease, the County shall surrender said property to City in accordance with paragraph 16 hereof. County option shall be exercised by written notice to City delivered at least thirty (30) days prior to the expiration of this lease. Rent Notwithstanding the provisions herein pertaining to reimbursement, the County shall pay to the City a yearly consideration of One Dollar ($1.00) for the first year's rent, or fraction t~ereof, and One Dollar ($1.00) per year thereafter. The first payment to be made by the County to the Cir_y shall be payable on the date of execution of this contract and on the first day of October of each year thereafter that this Agreement shall remain in force. 5. Maintenance of the Main Library Building The County shall, at its sole cost and expense, maintain both the interior and exterior of the Main Library building in the same condition or proper cleanliness, state of attractive appearance and good repair, as of the time said -3- premises are transferred to the County by the City. The County is to assume full responsibility for the maintenance of said building, including, but not limited to~ exterior and interior physical condition of the building, roof, plumbing, electrical system, heating and cooling systems and grounds. 6. Alterations A. The County reserves the right to make any nonstructural addition or alteration to the premises, or any part thereof, on its own initiative and without the prior authoriza- tion of the City. -The County shall not, however, prior to ob~ taining title to said property, make any structural addition or alteration to the premises, or any part thereof, without first having obtained the written authorization Of the City Commission. All requests by the County concerning contemplated structural alterations shall be in writing and shall' include plans and specifications pertaining thereto. All work shall be done in a good and workmanlike manner, and the County shall 'obtain the proper permits from the City, it being understood by the parties hereto, however, that the City shall waive any and all fees for permits relmted to such work. B. All alterations, improvements, additions or .partitions made or installed by the 'County shall become the property of the County upon the expiration of this Agreement; provided, however, if the County elects not to exercise its option, then'all such work shall become the property_of the City. All such alterations or improvements as set forth in this provision shallbe made at the County's sole cost and expense. C. The County may construct additional floor space to the building for public library use and it is so acknowledged by the City. 7. Utilities The County shall pay for all utilities, including, but not limited to, wate~ fuel,.gas, electricity, telephone and sewerage charges. -4- 8. Risk of loss Subject to. all of the other provisions of this Agreement, the County agrees to assume all risk of loss, injury or damage of a~y kind or nature whatsoever resulting after date of execution of this Agreement to property now or hereafter placed on or within said premises, and all risk of loss, injury or damage of any kind or nature whatsoever to the improvements made by the County, or to any goods, chattels, merchandise or any other property belonging to~the County that may now or hereafter be placed upon said premises, whether said loss, injury or damage results from fire, hurricane, rising water or from any other act Of God. 9. Insurance The County shall furnish the City a Certificate of County.Liability and Fire Insurance coverage of the premises, books, materials and equipment included in this Agreement. 10. Taxes or Assessments ~ The County shall assume the entire cost of the operation of the demised premises~as enumerated in this Agree- ment and there shall be no taxes assessed against the City on said premises. The County shall assume any and all lawful taxes or assessments in the event any are assessed or levied. 11. Assignment or Subletting Th~ County shall not assign this Agreement, nor sublet, nor assign any portion of the premises, nor'~rant any concession whatsoever during the term of this Agreement without first having obtained the writ[en authorization of the City Commission of the City. 12. Laws and Ordinances The County shall observe all sanitary, health and public safety laws and ordinances of the City directly related to the operation of said library system. 13. Surrender of Premises If County decides not to exercise its option to purchase, the County shall quietly and peaceably deliver the demised premises to the City at the termination of this Agreement in as good condition as originally received, ordinary wear and t~ar excepted, subject to the repair and maintenance obligations provided in this Agreement. 14. Eminent Domain · In the event any one or more 6f the buildings-~a~d premises of this Agreement is taken by eminent domain, this Agreement shall be considered terminated as to that building or premises. Any funds received as'a result of such proceedings shall belong to the City. However, if the City so desires, such funds, or any portion thereof, may be turned over to the County Library System. 15.. Notices Whenever either party desires to give n6tice unto the other, it must be given by written notice, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the pro- visions of this paragraph. For the present, the parties desig- nate the following as the respective places for giving of notice, to-wit: FOR SEMINOLE COUNTY: '- Office of the County Administrator Seminole County Courthouse North Park Avenue Sanford, Florida 32771 FORT HE CITY OF SANFORD Office of the City Manager City Hall Sanford, Florida 32771 16. Cancellation This lease may be terminated by either party for default. The County may terminate for convenience only after giving six (6) months' prior written notice. -6- 'ua~z~ aA0q~ ~S=~ ~a[ pU~ ~p aq~ ~D~Z~UOD S~q~ a]naaxa o~ sI~D~Zo 2ado=d ~q~ pasn~o aA~q s~!~d ag~ '~02t~I~I SS~q~I~ NI NOTICE OF CANCELIATION OF LIBRARY AGREEMENT To: Seminole County Board of County CoLm~Lissioners Seminole County Courthouse Sanford, Florida You are hereby notified that the City of Sanford has elected to cancel that certain Agreement dated October 1, 1975 by and between Seminole County, Florida and the City of Sanford, Florida. This Notice is directed to you in accordance with Section 18 of the Library Agreement referred to herein. In accordance with said Section and the other terms and provisions of the Agreement, you are hereby notified to vacate the premises- on or before September 30, 1989. DATED this "~ day of April, A. D. 1980 / ~" CITY 0 .... RIDA ~ F~ By: l~ MAYOR Attest: CERTIFICATE OF SEPJIICE I, the undersigned, hereby certify that I delivered the ~ove and foregoing Notice to the office of the Board of County Commissioners at the Seminole County Courthouse, Sanford, Florida, and personally served said Notice on ~~ , this ~ day of ~ril, A. D., 1980~ · Attorney for the City of Sanford, Florida '0861 "~'~ 'II=dY io X~p~ ~q~ uo '~pyioig 'K~unoD ~louTm~S ~o s~uo!ss!mmo9 X~unoO ~o px~o~ ~q~ ~o ~Ai~u~s~d~ ~ s~ ~m uo Xii~uosx~d s~n ZN~.~2P~DV X~VI~I~ ~O ~IOiZFI~DNVD ~0 ~Di~ON ~q~ to Xdoo e ~q~ X~!~zeo Xq~q 'peu~is~epun eq~ 'I iN~2tDV RX%~IZ XO NO!ZF'iZXDNVD XO ~OllO~ ~O ~DIA~XS ~0 INE4~D~X~IDIONXDV LIBRARY AGREEMENT THIS AGREE~INT, made and entered into this day of , A0 D. 1975, by and between: SEMINOLE COUNTY, FLORIDA, a political subdivision of the State of Florida, herelnafter referred to as the "County"; and CITY OF SANFORD, a. municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City"; W-I -T-N-E-S-S-E-T-H : WHEREAS, the City presently owns and operates a library within the corporate limits of the City known aS the Sanford Municipal Library; and WItEREAS, the parties are desirous of effectuating a ~ransfer of tile ~operation of said Sanford Municipal Library tO the County as an integral part of the new Seminole County Library System pursuant to 'Florida Statute 125.01 (1)(p). NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do hercb¥ consent and agree as follows: 1. Description of Premises - The City hereby agrees to allow the County use of the existing City of Sanford Municipal Library, more particularly described as: Parcel A. Commencing at the intersection of the West line of Palmetto Avenue with the north line of First Street in the City 'of Sanfor~, Florida, and according to E. R. Trafford's Map of Sanford, as recorded in Plat "B", Page 11], of the public records of Orange County (of which the County of Seminole was formerly a part) and the point of. beginning for this tract; thence run north along the west line of Palmetto Avenue 140 feet, thence west 80 feet, thence south 140 feet to the north line of First Street, thence east 80 feet along the north line of' Fj. rst Street to the point of beginning, being a parcel of land at tile southeast corner of Block 2, Tier 2, as per E. R. Trafford's map, above-mentioned. under the terms and conditions contained berein, and the Co~nty hereby agrees to use said building under such terms and conditioI s. 2. Use ofPremises - The County shall use the premises solely and exclusively for library purposes and in the event the County discontinues 'the use of said premises for library pu~poses~ then this agreement insofar.aS it applies to such premises, shall terminate forthwith and possession of said premises shall immediately revert to the City. In consideration of this agree- ment, the County agrees to operate and fully staff and equip library facilities within the City limits of the City of Sanford which shall constitute a collection of library books, materials and services, either greater or comparable to the library services existing at the time of execution of this agreement. 3o Term - The term of this agreement shall be for a period of five (5) years commencing on October 1, 1975 and terminating on October 1, 1980, and subject to the terms and conditions ~ontained he~ein, the parties hereto shall have the right to mutually agree to an extension of this agreement on such terms and conditions as are deemed appropriate. The County shall have successive options to renew this agreement for an additional five (5) year period, such options to be available at five year intervals starting from the commencement of the term of thjs agreement, provided written notice of the intention to exercise any option is sent to'the City of Sanford at least ninety (90) days prior to the expiration of the pending term. 4-. Rent - Notwithstanding the provisions herein pertaining to reimbursement, the County shall pay to the City a yearl"y consideration. of One Dollar ($1.00) for the first year's rent or fraction thereof, and One Dollar '($1.00) per year thereafter. The first payment to be made by the County to the City shall be payable on the date of execution of this contract and on the first day of October of each year thereafter that this agreement shall remain in force. 5. Maintenance of the Main Library Buildin~ - The County shall, at its sole cost and expense, maintain both the interior and exterior of tile Main Library building in the same condition -~- or proper cleanliness, state of attractiv.e appearance and good repair, as of the time said premises are trausferred to the County by the City, provided, however, that the County reserves the right to transfer the responsibility for such maintenance to the Orlando Public Library by agreement to be made at a later date. Until the time that such agreement is made, however, it is specifically understood between the parties that the County is to assume full responsibility ~or the maintenance of said building including, but not limited to, exterior and interior physical condition of the building, roof, plumbing, electrical system and heating and coolin.g systems. 6. Books, Materials and Equipment Before the expiration of the original term of this agreement, possession of all books, materials and items of equipment presently owned by the City which are noW contained within the City's library system shall be appur'tenant to the use of the main library itself. Therefore, all such books, materials and items of equipment will remain with the library upon incorporation of that facility into the County system, and possession of all suct~ books, materials and items of equipment,shall remain with the County during the pendency of this agreement~ In the event of termination of this agreement by either party hereto before the expiration of the original term herein provided, possession of all such books, materials and item~ of equipment, excluding reasonable wear, tear, professional dis- cards, theft, and all other reasonable deletions, shall revert to the City, provided, however, that the county shall retain title' to, and shall not be obligated to, transfer to the City, any books' materials and items of equipment contained in the former City library system which were purchased and provided by the County and added to the stock'of the lib. rary system after the com- mencement of the original term of this agreement and prior to the cancellation thereof. At the expiration of the original term of this agreement on October 1, 1980, all books, materials and items of equipment then contained within the City's library system, whether purchased'and provided originally by the City or by the County, shall be transferred to the legal ownership of the County and'the City shall retain no rights therein. -3- Nothing herein shall be construed to limit the County i~ the normal purging of worn or delapidated volumes from the existing collection according to acceptable library practices. 7. Alterations: A. The CQunty reserves the.right to make any non- structural addition or altera'tion to the premises. or any part thereof, on its own initiative and without the prior authorizati~n of the City. The County shall not,however, make any structural addition or alteration to the premises, or any par~ thereof, without first having obtained the written authorization of the City Manager of the City. All requests by the County concerning contemplated structural alterations shall be in writing and shall include plans and specifications pertaining thereto. All work-shall be done in a good and workmanlike manner, and the County shall obtain the proper permits from the Ci.ty, it being understood by the parties hereto, however, that the City shall waive any and all fees for permits related to such work. B. All alterations, improvements, additions or parti- tions made or installed by the County shall become the property of the City upon the expiration of this agreement. All such alterations or improvements as set forth in this provision shall be made at theCounty's sole cost and expense. 8. Utilities - The County shall pay for all utilities, including but not limited to water, fuel, gas, electricity, tele- phone and sewerage charges, provided, however, that the' County reserves the right to transfer'the responsibility for such pay- ment to the Orlando Public Library by agreement to be made at a later date. 9. Risk of Loss - Subject to all of the other provisions of this agreement, the County agrees to assume all risk of lossi injury ordamage of any kind or nature whatsoever resulting after date of execution of this agreement, to property now or hereafter placed on or within said premises, and all risk of loss, injury or damage of any kind or nature whatsoever to the improvements made by the County, or to any goods, chattels, , merchandise or any other property belonging to the County that may now or hereafter be placed upon said premises, whether said loss, injury or dampge results from fire, hurricane, rising water or from. any other act.of God. 10. Insurance - The County shall furnish the City a Certifi- cate of County Liability and Fire Insurance coverage of the premises, books, materials and equipment included in this agree- ment. 11. Taxes or Assessments - The County shall assume the entir!? cost of the operation of the demised premises as enumerated in this agreement and there shall be no taxes assessed against the City on said premises. The County shall assume any and all lawfu. taxes or assessments in the event any are assessed or levied.. 12. Assignment or Subletting The County shall not assign this agreement, nor sublet, nor assign any portion of the premi- ses, nor grant any concession whatsoever during the term of this agreement without first having obtained the writtell authorization of the City Commission of the City, it being understood between the parties here,o, however, that such authorization by the City shall not be withheld in relation to the contemplated transfer of Operational control from ~e county to the Orlando .Public Library. 13. Laws and Ordinances - The County shall observe all sani- tary, health and public safety laws and ordinances of the City, directly related to the operation oE said library system. 14. SUrrender of Premises - The County shall quietly and peaceably deliver the demised premises to the City at the 'Fermina- tion of this agreement in as good'condition as originally received, ordinary wear and tear excepted, subject to the repair and main- tenance obligations provided in this agreement, 15. Eminent Domain - In the event any one or more of the ibuildings and premises of this agreement is taken by eminent -5- domain, this agreementshall be considered terminated as to'that building or premises.' Any funds received as a result of such proceedings shall belong to the City. However, if the City so desires, such funds, or any portion thereof, may be turned over to the County Library System. 16. Assignment and Assumption of Existing Contracts - The City hereby assigns to the CoUnty all the rights and duties of the existin~ outstanding contracts of the City of Sanford Municipal Library and the County hereby assumes all performance required by the City in said contracts, provided, however, that the County assumes no responsibility for any contract unless the City has duly notified the County of the existence of such contract prior to the execution of this agreement by the Board of County Commissioners of the County. For the purposes of this agreement, due notification of the existence of any outstanding contract shall be constitRted by mailing a certified copy of such con- tract to the County Library Director (as will be subsequently designated by the Board of County Commissioners of the County. , prior to the execution of thislease. 17. Rights of Employees - As of the commencement. of the tern of this agreement on October 1, 1975, library employees then employed by the City shall become library employees of the ~uS~/c Orlando~Library. By that time, it is con.templated that the transfer of control and operational responsibility for the City of Sanford Library Facilities from Seminole County to the Orlando Public Library will have been completed. Thus, em- ployment of said employees shall be on the following terms established by agreement'with the Orlando Public Library: Said employees shall receive all 'benefits normally connected with employment by the Orlando Public Library, said benefits having been determined to be equal to or greater than those -6- provided by the City at the date of tl~e execution of this agreement. The County also represents and warrants that rights Coward pension and other privileges accrued by the former City library employees at the time of the execUtiol] of this agreement shal~ remain ~ntact, either by direct assumption or continuation of the State' Retirement Program by the Orlando Public Library, or.by continuation of the State' Retirement benefits by the City of Sanford with applicable contributions paid by the Orlando Public Library. Moreover, said employees, upon transfer to the Orlando Public Library system, shall have transferred .all existing accumulated rights to vacation and sick days accrued while in the employ of the City of Sanford to the extent allowable under City of Sanford policies. To this end, the number of vacation and sick days to which each employee ~.s so entitled shall be certified in writing by the City of Sanford to the Orlando Public Library on the date that the County assumes responsibility for and control over the City of Sanford Library.System under ~his agreement. It is understood between the parties hereto, however, that upon the termination or retirement of an employee from the Orlando Public Library System, the Orlando Public Library policy not to reimburse for unused vacation or sick days shall apply. 18. Cancellation -'Either party may cancel this contract by written notice delivered to the other party, but such notice must be delivered at least one hundred eighty .(180) days prior to October 1 of each year, to tak~ effect on October 1 of such year. Neither party may cancel this contract prior to ~/~ ~, IN WITNESS WHEREOF, the parties have caused their proper officials to execute this contract the day and year first above written. -7- Signed, sealed and delivered in the presence of: , SII,~I EY ' ATTEST: ATTEST: i=, DEPF__Y CITY CLERK -8- 5an ord, P. O. Box 1778 - 3:2721 April 2, 1980 HAND DELIVERED Mr. William Kirchhoff Chairman Seminole County Commission County Courthouse North Park Avenue Sanford, Florida 32771 Dear Mr. Kirchhoff: Transmitted herewith is the original and one copy of the executed agreement for Seminole County to continue the public library use of the city-owned building at East First Street and Palmetto Avenue. This executed agreement is in keeping with the discussions and understandings from the December 10, 1979 joint meeting of the City and County Commissions. You will note the agreement provides for the County's continued free use of the building as a public library and provides for extended use as the County feels necessary for public library purposes. Also included are provisions for expansion of the floor space by the County for library use. Please return a copy after you have had an opportunity to sign it. Very truly yours, J~RD Lee P. Moore Mayor LPM/mjh Enclosure "The Friendly City" LIBRARY AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of April , A. D. 1980, by and between SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida, (here- inafter referred to as "County") and CITY OF SANFORD, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as "City"). WITNESSETH: WHEREAS, the City until October, 1975 owned and operated a library within the corporate limits of the City known as the Sanford Municipal Library; and WHEREAS, the parties did effectuate a transfer of the operation of said Sanford Municipal Library to the County as an integralspart of the new Seminole County Library System pursuant to Section 125.01(1)(p), Florida Statutes; and WHEREAS, as the parties entered into a Library Agreement on September 23, 1975, with an initial term expiring October 1, 1980 but renewable for successive five (5) year options. NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do hereby consent and agree as follows: 1. Description of Premises The City hereby agrees to allow the County use of the existing City of Sanford Municipal Library, more particularly described Parcel A. Commencing at the intersection of the West line of Palmetto Avenue with the north line of First Street in the City Of Sanford, Florida, and according to E. R. Trafford's Map Of Sanford, as recorded in Plat "B", Page 111, Of the public -records of Orange County (of which the County of Seminole was formerly a part) and the point of beginning for this tract; thence run north along the west line of Palmetto Avenue 140 feet, thence west 80 feet, thence south 140 feet to the north line of First Street, thence east 80 feet along the north line of First Street to the point of beginning, being a parcel of land at the south- east corner of Block 2, Tier 2, as per E. R. Trafford's map, abovementioned. Parcel B. For a point of reference, start at the inter- section of the west line of Palmetto Avenue with the north line of First Street in the City of Sanford, Florida, and according to E. R. Trafford's map of Sanford, as recorded in Plat Book "B", Page 111, Of the Public Records of Orange County (of which the County of Seminole was formerly a part), and run thence north along the west line of Palmetto Avenue 140 feet, thence west 80 feet to the point of beginning of the tract or parcel of land hereby conveyed; thence continue west 55 feet, thence south 140 feet to the north line of First Street, thence east along the north line of First Street 55 feet, thence north 140 feet to the point of beginning. under the terms and conditions contained herein, and the County hereby agrees to use said building under such terms and conditions. 2. Use of Premises The County shall use the premises solely and exclusively for public library use and in the event the County discontinues the use of ~ said premises for public library use, then this agreement insofar as it applies to such premises, shall terminate forthwith and possession of said premises shall immediately revert to the City. In consider- ation of this agreement, the County agrees to operate and fully staff and equip library facilities within the City limits Of the City of Sanford at this location which shall constitute a collection of library books, materials and services, either greater or comparable to the library services existing at the time of execution of this agreement. 3. Term ~= The term of this agreement shall be for a period terminating April 17, 1983, and subject to the terms and conditions contained herein, the parties hereto shall have the right to mutually agree to an extension of this agreement on such terms and conditions as are deemed appropriate. The County shall have successive options to renew this agreement for public library purposes for an additional five (5) year period, such options to be available at five year intervals starting from April 16, 1983, provided written notice of the intention to exercise any option is sent to the City of Sanford at least ninety (90) days prior to the expiration of the pending term. -2- 4. Rent Notwithstanding the provisions herein pertaining to reimbursement, the County shall pay to the City a yearly consideration of One Dollar ($1.00) for the first year's rent or fraction thereof, and One Dollar ($1.00) per year thereafter. The first payment to be made by the County to the City shall be payable on the date of execution of this contract and on the first day of October of each year thereafter that this agree- ment shall remain in force. ~ 5. Maintenance of the Main Library Building The County shall, at its sole cost and expense, maintain both the interior and exterior of the Main Library building in the same condition or proper cleanliness, state of attractive appearance and good repair, as of the time said premises are transferred to the County by the City, the County is to assume full responsibility for the maintenance of said builaing in- cluding, but not limited to, exterior and interior physical condition of the building, roof, plumbing, electrical system and heating and cooling systems and grounds. 6. Books, Materials and Equipment Allbooks, materials and items of equipment which were the property of the City of Sanford at the time of original transfer will remain with the library upon incorporation of that facility into the County system, and possession of all.such books, materials and items of equipment, shall remain With the County during the pendency of this agreement. In the event of termination of this agreement by either party hereto before April 16, 1983, possession Of all such original books, materials and items of equipment, excluding reasonable wear, tear, professional discards, theft, and all other 'reasonable deletions, shall revert to the City. On April 17, 1983, all books, materials and items of equipment then contained within the City's library system, whether purchased and provided originally by the City or by the County, shall be transferred to the legal ownership of the County if the County is operating a County-wide library system at the time and the City shall retain no rights therein. -3- Nothing herein shall be construed to limit the County in the normal purging of worn or dilapidated volumes from the existing collection according to acceptable library practices. 7. Alterations A. The County reserves the right to make any non- structural addition or alteration to the premises or any part thereof, on its own initiative and without the prior authorization of the City. The County shall not, however, make any structural addition or alteration to the premises, or any part thereof, without first having obtained the written authorization of the City Manager or his designated representative. All requests by the County concerning contemplated structural alterations shall be in writing and shall include plans and specifications pertaining thereto. All work shall be done in a good and workmanlike manner, and the County shall obtain the proper permits from the City, it being understood by the parties hereto, however, that the City shall waive any and all fees for permits related to such work. B. All alterations, improvements, additions or partitions made or installed by the County shall become the property of the City upon the expiration of this agreement. All such alterations or improvements as set forth in this provision shall be made at the County's sole cost and expense. C. The County may construct additional floor space to the building for public library use and it is so acknowledged by the City. 8. Utilities The County shall pay for all utilitieS, including but not limited to water, fuel, gas, electricity, telephone and sewerage charges. 9. Risk Of Loss Subject to all of the other provisions of this agreement, the County agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever resulting after date of execution of this agreement, to property now or hereafter placed on or within said premises, and all risk Of loss, injury or damage of any kind or nature whatsoever to the improvements made by the County, or to -4- any goods, chattels, merchandise or any other property belonging to the County that may now or hereafter be placed upon said premises, whether said loss, injury or damage results from fire, hurricane, rising water or from any other act of God. 10. Insurance The County shall furnish the City a Certificate of County Liability and Fire Insurance coverage of the premises, books, materials and equipment included in this agreement. 11. Taxes or Assessments The County shall assume the entire cost of the operation of the demised premises as enumerated in this agreement and there shall be no taxes assessed against the City on said premises. The County shall assume any and all lawful taxes or assessments in the event any are assessed or levied. 12, Assignment or Subletting The County shall not assign this agreement, nor sublet, nor assign any portion of the premises, nor grant any concession whatsoever during the term of this agreement without first having obtained the written authorization of the City Commission of the City. 13. Laws and Ordinances The County shall observe all sanitary, health and public safety laws and ordinances of the City, directly related to the operation of said library system. 14. Surrender of Premises The County shall quietly and peaceably deliver the demised premises to the City at the termination of this agreement in as good con- dition as originally received, ordinary wear and tear excepted, subject to the repair and maintenance obligations provided in this agreement. 15. Eminent Domain In the event any One or more of the buildings and premises of this agreement is taken by eminent domain, this agreement shall be con- sidered terminated as to that building or premises. Any funds received as a result of such proceedings shall belong to the City. However, if the City so desires, such funds, or any portion thereof, may be turned over to the County Library System. -5- 16. Cancellation After April 17, 1983, either Party may cancel this agreement by written notice delivered to the other party, but such notice must be delivered at least one hundred eighty (180) days prior to October 1 of each year, to take effect on October 1 of such year. 17. Other Building Use In the event the County should wish to discontinue the use of this building as a public library after April 17, 1983 but wishes to continue the use of the building for some other purpose, the City agrees to rent this building to the County at the prevailing square foot rental rate for the area for like space at the time the County wishes to use the space. Such continued use shall be for terms and a time period mutually agreed to by both parties. IN WITNESS WHEREOF, the parties have caused their proper officials to execute this contract the. day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA · By: ARTHUR H. BECKWITH, JR. BILL KIRCHHOFF, Chairman Clerk to the Board of County Commissioners in and for Seminole County Florida. Cie/~erk' ' ' LEE P. MOORE, Mayor -6-