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
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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.
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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.
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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
/
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~ 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
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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
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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.
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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
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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
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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.
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Signed, sealed and delivered
in the presence of:
, SII,~I EY '
ATTEST:
ATTEST:
i=,
DEPF__Y CITY CLERK
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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.
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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.
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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
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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.
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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
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