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2005-379
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2005-379
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Last modified
8/15/2016 1:54:07 PM
Creation date
9/30/2015 9:26:34 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
11/15/2005
Control Number
2005-379
Agenda Item Number
11.C.1
Entity Name
District Board of Trustees of Indian River Community College
Subject
Full service joint use - Brackett Library
Archived Roll/Disk#
4004
Supplemental fields
SmeadsoftID
5286
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, <br /> D . The County finds that the Library Facility contemplated in this Lease will serve a <br /> public purpose and will benefit the Indian River County community . <br /> E . The Trustees find that the Library Facility contemplated in this Lease will serve a <br /> public purpose and will benefit the Indian River County community as well as the students , <br /> faculty , and staff of Indian River Community College . <br /> F . The terms of the Challenge Grant Program require that the Trustees own the Library <br /> Facility ; and , pursuant to applicable Florida law , the Trustees have the legal ability to enter <br /> into a capital facilities lease of the Library Facility to the County . <br /> G . In furtherance of the provisions of the Funding Agreement and this Lease , the <br /> parties hereto have determined that it would be to the mutual advantage of the parties to <br /> provide for the cooperative use of the Library Facility by an Interlocal Agreement and have <br /> executed an Interlocal Agreement of even date herewith ( " Interlocal Agreement" ) . <br /> NOW , THEREFORE , in consideration of the mutual advantages accruing to the parties <br /> and the benefits , promises and considerations set forth herein , Trustees and County do <br /> hereby agree as follows : <br /> 1 . DEFINITIONS . All defined terms used herein and not otherwise defined shall have the <br /> meaning ascribed thereto in the Interlocal Agreement , <br /> 2 . DESCRIPTION OF LEASED PREMISES . The Trustees hereby lease to the County , <br /> and the County hereby leases from the Trustees , the 5 acres of real property depicted on <br /> Exhibit A attached hereto and made a part of this Lease (" Leased Premises " ) . The parties <br /> acknowledge and agree that Exhibit A is a delineation of the general area of the Leased <br /> Premises on a portion of a proposed schematic drawing of the Master Plan ( as such term is <br /> defined in the Interlocal Agreement) . Promptly upon execution of this Lease by the County , <br /> the Trustees shall cause the legal description and the survey of the Leased Premises to be <br /> performed . The parties acknowledge and agree that : i ) the location of the Leased Premises <br /> will not be changed from that shown on Exhibit A ; and ii ) prior to commencement of <br /> construction of the Library Facility , the Trustees shall provide the legal description and the <br /> survey of the Leased Premises to the County ; and iii ) the legal description and the survey of <br /> the Leased Premises shall be deemed to be an allowable amendment of this Lease . <br /> 3 . USE OF LEASED PREMISES . The County shall use the Leased Premises solely and <br /> exclusively for a Library to be constructed by the Trustees , and operation of a Library . The <br /> Library shall be a branch Library of the County Library System located on the Mueller <br /> Campus , as more particularly provided in the Interlocal Agreement , <br /> 4 . TERM . It is the intent of the parties that this Lease is a long term capital lease having <br /> the longest term allowable by applicable Florida law . The initial term of this Lease shall be for <br /> sixty-six (66 ) years commencing on the Effective Date of this Lease . Subject to early <br /> termination pursuant to the Interlocal Agreement , this Lease shall automatically renew for <br /> 2 <br />
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