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2005-029
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2005-029
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Last modified
7/5/2016 2:20:41 PM
Creation date
9/30/2015 7:39:55 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum of Understanding
Approved Date
01/18/2005
Control Number
2005-029
Agenda Item Number
11.C.4
Entity Name
Indian River Community College
Subject
Full Service Joint Use Branch Library
Funding Agreement
Area
College Lane
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
3860
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District , shall determine , for any and all appropriate governmental purposes in connection <br /> with such declared disaster or other emergency ; provided , however, that the TRUSTEES <br /> shall have access to the Library Facility at any time as may be deemed by the TRUSTEES <br /> to be reasonably necessary . <br /> 8 . FURTHER AGREEMENTS . The COUNTY and the TRUSTEES acknowledge and <br /> agree that this Agreement sets forth a general framework for future agreements that are <br /> contemplated between the COUNTY and the TRUSTEES for the lease , operation , and <br /> maintenance of the Library Facility , The COUNTY and the TRUSTEES each agree to <br /> negotiate the terms of a Lease and Interlocal Agreement for the construction and operation <br /> of the Library Facility as a full service , joint- use public community college branch library <br /> located at the Mueller Campus . The Library will be approximately 30 , 000 square feet <br /> located on five (5 ) buildable acres as more specifically set forth in the Lease and Interlocal <br /> Agreement , The Lease will be a long-term capital facilities lease of ninety- nine (99 ) years . <br /> The COUNTY and the TRUSTEES acknowledge and agree that the TRUSTEES anticipate <br /> receipt of funds from the Florida Legislature in the minimum amount of $5 . 62 per square <br /> foot to be applied toward operation and maintenance for the completed Library (such <br /> funds hereinafter the "Operating Funds for New Facilities") . If in any legislative funding <br /> cycle , the TRUSTEES do not receive such legislative appropriations of Operating Funds <br /> for New Facilities , the COUNTY and the TRUSTEES acknowledge and agree that the <br /> COUNTY has no obligation to fund such shortfall . In the unlikely event that Legislative <br /> funding for Indian River Community College is reduced across-the - board , the COUNTY <br /> and the TRUSTEES agree that the percentage of reduction in funds contributed by the <br /> TRUSTEES shall not exceed the percentage reduction applied to Indian River Community <br /> College by the Legislature . In connection with the Library , the TRUSTEES acknowledge <br /> and agree that the TRUSTEES will use their best efforts to obtain all allowable legislative <br /> appropriations and funding , and to use any and all other legally available funding sources , <br /> to provide funding of both : a) a minimum of $5 . 62 per square foot to be applied toward <br /> allowable operation and maintenance costs of the Library ; and b) all personnel costs for <br /> one ( 1 ) librarian dedicated to the Library . The Operating Funds for New Facilities may be <br /> increased by the Florida Legislature from time to time , and the TRUSTEES acknowledge <br /> and agree that any increased amount in the rate of Operating Funds for New Facilities <br /> received by the TRUSTEES for the Library shall be allocated by the TRUSTEES to the <br /> Library . <br /> 9 . TERM . The term of this Agreement shall commence on the Effective Date and <br /> terminate eighteen ( 18 ) months after final completion and acceptance of the Library <br /> Facility , unless sooner terminated in accordance with its terms . <br /> 10 . INDEMNIFICATION , <br /> A . The FOUNDATION shall indemnify and hold harmless the COUNTY and the <br /> CLERK , and their respective officers , agents , and employees from or on account of any <br /> negligent act or omission , reckless , or intentionally wrongful conduct of the FOUNDATION , <br /> 9 <br />
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