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HomeMy WebLinkAbout2005-379 1708226 A ) ` soie ; o �, THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC r! RECORDS OF � Cwn OVJ �J C1 6 �1 C ' (4iLC-e �, INDIAN RIVER COUNTY FL L•�'�'L � `+�� (: C ! _ / BK : 1966 PG : 22829 Pagel of U , �� � � �. INT RLOCAL AGREEMENT 12/02/2006 at 03 :28 PM , IL ,,,�' � � ( Regarding Construction of a JEFFREY K BARYON, CLERK OF YR 05 full service joint use public/community college branch Tibrary - � - k� as part of the County Library System located at the Mueller Campus of the Indian River Community College ) This Interlocal Agreement regarding construction of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus of the Indian River Community College ( " Interlocal Agreement') , bearing an effective date of December 1 , 2005 , is made by and between the DISTRICT o BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE , a political o a M subdivision of the State of Florida ("Trustees ") and INDIAN RIVER COUNTY , a political o subdivision of the State of Florida ( " County") . > BACKGROUND RECITALS L ZCa 1 . Section 163 . 01 , Florida Statutes , the Florida Interlocal Cooperation Act of 1969 as zamended (the " 1969 Act" ) , provides that local governmental units may cooperate with each 8� = other on a basis of mutual advantage to provide services and facilities as set forth in the 1969 Act and to enter into an interlocal agreement on the terms and conditions set forth in the 1969 Act ; and 2 . Effective January 25 , 2005 , a Funding Agreement and Memorandum Of Understanding (" Funding Agreement') , a copy of which is attached hereto as Exhibit A and made a part of this Interlocal Agreement was made by and among the County , the Indian River County Clerk Of The Circuit Court , a constitutional officer pursuant to Article V , section 16 , of the Florida Constitution , Indian River Community College Foundation , Inc . a Florida not-for- profit corporation (the " Foundation ") , and the Trustees . 3 . The purpose of the Funding Agreement was to comply with the provisions of the Community College Facility Enhancement Challenge Grant Program , Florida Statutes section 1011 . 32 (2004 ) ( " Challenge Grant Program ") in connection with a full service joint use public/community college branch library as part of the Indian River County countywide public library system (" County Library System ") to be located on College Lane in Indian River County , Florida , commonly known as the Mueller Campus of the Indian River Community College , and contemplated to be approximately 30 , 000 square feet on approximately five ( 5 ) acres of high visibility , high public access buildable land at the Mueller Campus (" Library") , to include sufficient parking for Library users (the Library and parking sometimes hereinafter collectively referenced as " Library Facility" ) . 4 . If funded in accordance with the Challenge Grant Program , the Library Facility project contemplated under the Funding Agreement shall encompass the planning , design , construction , and equipping of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus ; and public access/infrastructure improvements to include the extension of College Lane to 66th Avenue in Indian River County and construction of a bridge at the future access entrance to the Mueller Campus from 66th Avenue . (The Library Facility , the College Lane extension , and the bridge are sometimes hereinafter collectively referenced as the " Library Project . ") EDWIN M . FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2763769 12/16/2005 at 11 :11 AM OR BOOK 2439 PAGE 2428 - 2461 Doc Type: AGR RECORDING: $290.50 1 1 INTERLOCAL AGREEMENT ( Regarding Construction of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus of the Indian River Community College) This Interlocal Agreement regarding construction of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus of the Indian River Community College (" Interlocal Agreement") , bearing an effective date of December 1 , 2005 , is made by and between the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE , a political subdivision of the State of Florida ("Trustees " ) and INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County" ) . BACKGROUND RECITALS 1 . Section 163 . 01 , Florida Statutes , the Florida Interlocal Cooperation Act of 1969 as amended (the " 1969 Act" ) , provides that local governmental units may cooperate with each other on a basis of mutual advantage to provide services and facilities as set forth in the 1969 Act and to enter into an interlocal agreement on the terms and conditions set forth in the 1969 Act ; and 2 . Effective January 25 , 2005 , a Funding Agreement and Memorandum Of Understanding (" Funding Agreement") , a copy of which is attached hereto as Exhibit A and made a part of this Interlocal Agreement was made by and among the County , the Indian River County Clerk Of The Circuit Court , a constitutional officer pursuant to Article V , section 16 , of the Florida Constitution , Indian River Community College Foundation , Inc . a Florida not-for- profit corporation (the " Foundation " ) , and the Trustees . 3 . The purpose of the Funding Agreement was to comply with the provisions of the Community College Facility Enhancement Challenge Grant Program , Florida Statutes section 1011 . 32 (2004 ) (" Challenge Grant Program ") in connection with a full service joint use public/community college branch library as part of the Indian River County countywide public library system ( " County Library System ") to be located on College Lane in Indian River County , Florida , commonly known as the Mueller Campus of the Indian River Community College , and contemplated to be approximately 30 , 000 square feet on approximately five ( 5 ) acres of high visibility , high public access buildable land at the Mueller Campus (" Library") , to include sufficient parking for Library users (the Library and parking sometimes hereinafter collectively referenced as " Library Facility" ) . 4 . If funded in accordance with the Challenge Grant Program , the Library Facility project contemplated under the Funding Agreement shall encompass the planning , design , construction , and equipping of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus ; and public access/infrastructure improvements to include the extension of College Lane to 66th Avenue in Indian River County and construction of a bridge at the future access entrance to the Mueller Campus from 66th Avenue . (The Library Facility , the College Lane extension , and the bridge are sometimes hereinafter collectively referenced as the " Library Project . ") 1 5 . The County finds that the Library Facility contemplated in this Interlocal Agreement will serve a public purpose and will benefit the Indian River County community . 6 . The Trustees find that the Library Facility contemplated in this Interlocal Agreement will serve a public purpose and will benefit the Indian River County community as well as the students , faculty , and staff of Indian River Community College ( " College " ) . 7 . The Trustees and the County have entered into a Lease for Real Property for Construction of a Full Service Joint Use Public/Community College Branch Library as part of the County Library System located at the Mueller Campus of the Indian River Community College ( " Lease " ) of even date herewith . 8 . In furtherance of the provisions of the Funding Agreement and the Lease , the parties hereto have determined that it would be to the mutual advantage of the parties to provide for the cooperative use of the Library Facility by an Interlocal Agreement . NOW , THEREFORE , in consideration of the mutual advantages accruing to the parties and the benefits , promises and considerations set forth herein , Trustees and County do hereby agree as follows : ARTICLE 1 PURPOSE AND INTENT 1 . 1 . Trustees and County wish to maximize the use of their respective resources and to provide state-of-the- art information services for the citizens of Indian River County and the students , faculty and staff of the College by providing for the construction and operation of Library and Library Facility , on the terms and conditions found in the Funding Agreement , the Lease , and this Interlocal Agreement . The Background Recitals are true and correct and form a material part of this Interlocal Agreement . ARTICLE 2 COUNTY RESPONSIBILITIES 2 . 1 . County's responsibilities shall be as follows : 2 . 1 . 1 . In accordance with all of the terms and conditions of the Funding Agreement , the Lease , and this Interlocal Agreement , to operate , equip , and staff the Library consistent with the 2005/2006 fiscal year standard staffing and services for the County Library System . Operating hours shall be reasonably consistent with the operating hours of the other libraries in the County Library System , with such hours being determined by the specific or unique nature of customer service needs resulting from both public and student usage of the Library Facility . Any request for reductions from such operating hours shall subject to prior written approval from the College , which approval shall not be unreasonably withheld , delayed , or conditioned . Nothing contained in this Interlocal Agreement shall require the County to increase funding for the Library unless and until the Florida Legislature increases the Operating Funds for New Facilities (as such term is defined in the Funding Agreement) . 2 r r 2 . 1 . 2 . To supervise the County staff assigned to the Library and supervise day to day operations of the Library with the advice of the College ' s designated Administrator for Library Resources regarding resources and services . 2 . 1 . 3 . To fund : ( a ) data and telephone , together with daily operations (exclusive of utilities ) , collections , staffing , and services of the Library in such amounts as may be approved by County each year; and ( b ) the replacement of the floor coverings ; exterior roof covering and waterproofing ; and major components of the HVAC system at the end of the useful life of each of the foregoing , all in accordance with the Funding Agreement , and the County' s adopted budget and Capital Improvements Element , as each may be amended from time to time ; provided , however , that this clause shall not be construed to obligate the Indian River County Board of County Commissioners to guarantee any set funding level in any fiscal year . 2 . 1 . 4 . To cooperate with Trustees in providing water and sewer service during construction of the Library Facility . 2 . 1 . 5 . To cooperate with Trustees and the College in their respective and /or collective efforts to ensure that the requirements for accreditation by the Southern Association of Colleges and Schools set forth in this Interlocal Agreement are met . 2 . 1 . 6 . To enter into a Lease with the Trustees in the form attached hereto as Exhibit B and made a part hereof (the " Lease ") . 2 . 1 . 7 . To cooperate with the Trustees and the College in their respective and/or collective efforts to provide an institutional College library card to enable the College to borrow its own materials for interlibrary and intralibrary loan purposes . 2 . 1 . 8 . To provide the College with library statistics , including , without limitation , circulation , informational and reference questions , and building usage , at least quarterly . 2 . 1 . 9 . To add College library materials to the County' s online library catalog . 2 . 1 . 10 . To allow the College to install its library management software and related College software at appropriate workstations in the Library for use by College employees and students at the sole cost of the Trustees . 2 . 1 . 11 . To allow the College to have allocated space in the main and secondary communications rooms as needed for College communications equipment . 2 . 1 . 12 . To allow appropriate Trustees and College personnel access to the Library building for Library- related responsibilities , service , or maintenance needs , including , without limitation , custodial and information technology purposes . 2 . 1 . 13 . To designate up to five ( 5 ) County staff, including the General Services Director, the Library Director , and /or the Building and Grounds Superintendent , to constitute the " County Library Design Committee" , and to require the Library Design Committee to participate in all phases of: ( i ) the professional selection process conducted under the Consultants ' Competitive Negotiation Act , Florida Statutes section 287 . 055 (2005 ) in 3 i connection with the Library and Library Facility ; and ( ii ) Library Facility Planning ( as such term is hereinafter defined ) . 2 . 1 . 14 . To include the County' s portions of the furniture , fixtures , equipment , and collection contents of the Library within the County' s insurance program . 2 . 1 . 15 . To provide a dedicated office within the Library for the Trustees-funded librarian stationed at the Library . ARTICLE 3 TRUSTEES RESPONSIBILITIES 3 . 1 . Trustees responsibilities shall be as follows : 3 . 1 . 1 . In accordance with all of the terms and conditions of the Funding Agreement , the Lease and this Interlocal Agreement , to construct the Library in compliance with all applicable laws , ordinances and regulations , pursuant to such designs , plans and specifications and funding as are approved by County and the State Division of Library and Information Services and consistent with the schematic design formally approved by the County . 3 . 1 . 2 . In accordance with all of the terms and conditions of the Funding Agreement , the Lease and this Interlocal Agreement , to construct the Library Facility in compliance with all applicable laws , ordinances and regulations . 3 . 1 . 3 . To lease to County a minimum of approximately five ( 5 ) acres of buildable land , as set forth in the Lease , at the Mueller Campus for a Library Facility in accordance with the specific terms and conditions of the Lease . 3 . 1 . 4 . To guarantee permanent public access to the Library on the same terms and conditions as other libraries in the County Library System , including , without limitation , execution of a cross access easement to County for the Mueller Campus . 3 . 1 . 5 . To award phase 1 of a construction management at risk contract for the Library and , if applicable , the Library Facility not later than twelve ( 12 ) months after receipt of funds from the Challenge Grant Program by the College , and to allow the County Library Design Committee to participate in all phases of the selection process for the construction management at risk . 3 . 1 . 6 . As owner of the Leased Premises ( as such term is defined in the Lease) to cooperate with and assist the County in coordinating and facilitating the provision by the County of telephone and fiber optic cable services to the Library . 3 . 1 . 7 . To allow the County Library Design Committee to participate in all phases of the professional selection process conducted by eitherthe Foundation , the Trustees , or both under the Consultants ' Competitive Negotiation Act , Florida Statutes section 287 . 055 (2005 ) in connection with the Library and Library Facility , 3 . 1 . 8 . To allow the County Library Design Committee to review and approve all aspects of the space programming and allocation , design plans and specifications , material 4 , selection , site access and location , exterior signage , landscape and parking plans of the Library and any and all value engineering associated with any of the foregoing ( hereinafter collectively referenced as " Library Facility Planning ") . Access , location and parking for the Library will be consistent with the general schematic design plan/architectural master plan for the Mueller Campus , updated January 17 , 2005 , with the site of the Library building and Library Facility indicated thereon (" Master Plan ") . 3 . 1 . 9 . To cooperate with the County in connection with any Library construction grant funding that the County may seek to obtain for the Library . 3 . 1 . 10 . To acquire , with Operating Funds for New Facilities , 100 % ( one hundred percent) replacement value insurance on the Library , including all Library furnishings , equipment , fixtures , and contents owned by the Trustees . The parties acknowledge and agree that the required 100 % (one hundred percent) replacement value insurance coverage is valued annually based on an average building cost provided by the Florida Department of Education for all Florida community colleges or any other Florida - based standard for valuing public education buildings . The Trustees agree to provide a copy of the annual valuation statement from the Florida Community Colleges Risk Management Consortium that shows the required 100 % (one hundred percent) replacement coverage to the County promptly upon receipt during each year of the term of this Interlocal Agreement . The parties acknowledge and agree that the 100 % (one hundred percent) replacement value insurance coverage on the Library and the furnishings , contents , equipment , and fixtures therein owned by the Trustees are insured through the Florida Community Colleges Risk Management Consortium , and the coverages , deductibles , and cancellation provisions dated March 1 , 2005 are acceptable to the County' s Risk Manager. The Trustees further agree to notify the County within five ( 5 ) calendar days if there is any reduction in the amount or types of insurance coverage for the Library and the furnishings , contents , equipment , and fixtures ; and if the reductions are not satisfactory to the County , the Trustees shall promptly acquire additional insurance coverage so that the insurance coverage during the term of this Interlocal Agreement remains at 100 % (one hundred percent) replacement value insurance coverage . 3 . 1 . 11 . To require that all payment and performance bonds in connection with the Library Facility be dual obligee bonds in favor of the County , in the name of " Indian River County" with a surety acceptable to the County ' s Risk Manager. 3 . 1 . 12 . To require that a one ( 1 ) year maintenance bond for the Library Facility be provided , in the form of a dual obligee bond in favor of the COUNTY , in the name of " Indian River County" with a surety acceptable to the COUNTY Is Risk Manager, 3 . 1 . 13 . To contribute funds from the Florida Legislature in the minimum amount of $ 5 . 62 per square foot to be applied toward operation and maintenance for the completed Library (" Operating Funds for New Facilities ") . If in any legislative funding cycle , the Trustees do not receive such legislative appropriations of Operating Funds for New Facilities , the County and the Trustees acknowledge and agree that the County has no obligation to fund such shortfall . In the unlikely event that Legislative funding for Indian River Community College is reduced across-the- board , the County and the Trustees agree that the percentage of reduction in funds contributed by the Trustees shall not exceed the percentage reduction applied to Indian River Community College by the Legislature . In connection with the Library , the Trustees acknowledge and agree that the Trustees will use their best efforts to obtain all 5 allowable legislative appropriations and funding , and to use any and all other legally available funding sources , to provide funding of both : a ) a minimum of $ 5 . 62 per square foot to be applied toward allowable operation and maintenance costs of the Library ; and b) all personnel costs for one ( 1 ) librarian dedicated to the Library . The Operating Funds for New Facilities may be increased by the Florida Legislature from time to time , and the Trustees acknowledge and agree that any increased amount in the rate of Operating Funds for New Facilities received by the Trustees for the Library shall be allocated by the Trustees to the Library . To the maximum extent allowed by applicable law , the Trustees shall use the Operating Funds for New Facilities , together with any and all other legally available funding sources to fund the routine interior maintenance of the Library , including , without limitation , painting ; HVAC filters and other routine and preventive HVAC maintenance ; lighting and electrical ; plumbing ; and doors and locks ; pay all utility costs directly to the utility service provider and send a quarterly report of such paid bills to the County ; custodial costs (whether performed by in - house staff or contracted ) ; lawn maintenance costs (whether performed by in - house staff or contracted ) ; pest and vector control (whether performed by in - house staff or contracted ) ; exterior painting of the Library and Library Facility parking lot ; Library Facility parking lot lighting maintenance ; and asphalt for the Library Facility parking lot , all of the foregoing to be provided to the Library and Library Facility consistent with other facilities located on the Mueller Campus . The parties acknowledge and agree that , should there be any unexpended Operating Funds for New Facilities remaining in any year during the term of this Agreement , after payment of all of the foregoing costs , the Trustees shall allocate any and all such remaining unexpended Operating Funds for New Facilities solely to the Library Facility . 3 . 1 . 14 . To provide patrons with access to the College ' s online library catalog . 3 . 1 . 15 . To provide users with on -site mediated access to the College ' s online licensed library databases , such licenses and data bases to be purchased solely from funds available to the Trustees . 3 . 1 . 16 . To purchase , process , catalog , and deliver collection materials to support the College and its programs using a classification system consistent with the County' s Dewey Decimal Classification system , and , if desired by the College , cataloging consistent with any cataloging system used or required by the College . 3 . 1 . 17 . To provide an orientation program designed to instruct College students , faculty , and staff on accessing and utilizing the College ' s library and other electronic resources at the point of need . 3 . 1 . 18 . To provide interlibrary loan services for the College ' s students , faculty , and staff. 3 . 1 . 19 . To circulate College library materials on the County' s circulation system . 3 . 1 . 20 . To coordinate and cooperate with the County in the acquisition of certain information technology requirements , and furniture , fixtures , collections , and equipment for the Library , including , without limitation , the acquisition of County- standard or specified furniture , fixtures , collections , and equipment for the Library . 6 ARTICLE 4 COUNTY AND TRUSTEE RESPONSIBILITIES 4 . 1 . Each of the County and Trustees , acting by and through their respective designees , shall have the following responsibilities : 4 . 1 . 1 . The parties acknowledge and agree that the total of $ 8 . 6 Million Dollars , plus any interest accrued thereon , held under the Funding Agreement , shall be used and allocated as follows : a maximum of $ 1 . 7 million in the aggregate for the College Lane extension and the bridge components of the Library Project (the " non - Library component") ; and the remainder of $ 6 . 9 million for the Library Facility , including , without limitation , all design and construction fees , insurance , bonding and other typical construction - related costs , furnishings , fixtures , collections , fiber optic cable , telephone and computer equipment, and other equipment for the Library , and a minimum of 120 dedicated parking spaces (the " Library Component" (the foregoing allocation of costs for the Library Component and the non - Library component are hereinafter referenced as " Project Allocation ") . The parties acknowledge and agree that the non - Library component will be built to Indian River County standards , and that construction of the non - Library component will commence prior to construction of the Library Component . The parties further acknowledge and agree that the County and its agents , including , without limitation , the Indian River County Clerk of the Circuit Court , or his designee , and the Trustees shall coordinate , monitor, and control the sequence of contracts awarded by the Trustees for the Library Component and the non - Library component , together with the use and disbursement of funds under the Funding Agreement , to ensure that the Project Allocation is met . 4 . 1 . 2 . To recognize a valid College identification card or other current College documentation for issuance of a County Library card and number, and to allow Florida community college or university students , faculty , and staff borrowing privileges for College library materials in accordance with The State University System of Florida and The Community College System of Florida Library Borrowing Privileges Agreement . 4 . 1 . 3 . Evaluate the Library regularly and systematically to ensure that it is meeting the needs of users and is supporting the programs and purpose of the County and the College . The foregoing review will be conducted cooperatively by designees of the County Library System and the College . 4 . 1 . 4 . Provide an orientation program designed to teach users how to access bibliographic information and other learning resources . 4 . 1 . 5 . Assist all Library users and College students , faculty and staff to use resource materials effectively . 4 . 1 . 6 . Provide internet access at the Library for the use of all Library users and College students , faculty , and staff. 4 . 1 . 7 . Implement a cooperative policy governing resource materials selection and deselection including , without limitation , the preservation , replacement , or removal of deteriorating materials in the collection . 7 4 . 1 . 8 . Acknowledge and agree that the Funding Agreement shall control the distribution of the County Contribution ( as such term is defined in the Funding Agreement) in the event of early termination of the Funding Agreement , 4 . 1 . 9 . Cooperate with each other to further the Purpose and Intent as set forth in this Agreement and this Interlocal Agreement shall be liberally construed and interpreted to the maximum extent possible fully to effectuate its purposes and intent . 4 . 1 . 10 . Acknowledge that the Trustees -funded librarian , and any other College employee ( s ) assigned to the Library and funded solely by the Trustees , report solely to the College ' s designated Administrator for Library Resources at the College and that the College ' s designated Administrator for Library Resources shall use best efforts to cause such librarian and employee (s ) to work cooperatively with the personnel and management of the County' s Library System at the Library . 4 . 1 . 11 . Acknowledge that the College librarian and any other employee (s ) adhere to the College work schedule . 4 . 1 . 12 . Hold periodic meetings , at least annually , with respect to Library operation and advise on budget , acquisitions , and any other aspects of the Library operation . 4 . 1 . 13 . Implement a cooperative policy governing acquisition of furniture , fixtures , collections , and equipment for the Library to allow , interalia , to the maximum extent possible , the County and the Trustees to use any and all available grant funds to purchase such furniture , fixtures , collections , and equipment for the Library , consistent with applicable state laws governing asset inventory . 4 . 1 . 14 . To allow the College to install , as part of the Project and maintain at the sole cost of the Trustees : (a ) fiber optic cabling and the College ' s computer network into the main and secondary communications rooms in the Library building ; and ( b ) any conduit or duct bank necessary for the College ' s fiber optic or copper cabling . 4 . 1 . 15 . Acknowledge and agree that , during any federally , State of Florida , or locally declared disaster or other emergency , the County shall have the full and exclusive use of the Library Facility as the County , in its sole discretion , acting as the Indian River County Emergency Services District , shall determine , for any and all appropriate governmental purposes in connection with such declared disaster or other emergency ; provided , however , that the Trustees shall have access to the Library Facility at any time as may be deemed by the Trustees to be reasonably necessary . 4 . 1 . 16 . Acknowledge and agree that , in the event any four (4 ) year college or university desires to locate on the Mueller Campus , both parties will use their best efforts to achieve cost-sharing with and from such four (4 ) year college or university in connection with the Library Facility , including , without limitation , the re-negotiation of this Interlocal Agreement , the Lease , or both . 8 4 . 1 . 17 . The County and the College agree to name the Instructional Lab that will be located within the Library the " Marion C . Link Electronic Library" . The County agrees that the College will own , maintain , and upgrade the computer equipment in the Marion C . Link Library . ARTICLE 5 TERM ; AMENDMENT . TERMINATION 5 . 1 . The term of this Interlocal Agreement shall be sixty-six (66 ) years with three ( 3 ) renewal options of eleven ( 11 ) years each , for a potential term , including all renewal options , of ninety nine ( 99 ) years from the effective date . The renewal options are automatic . 5 . 2 . This Interlocal Agreement may not be terminated by either party during the initial term . After the expiration of the initial term , any party that desires to terminate or not renew this Interlocal Agreement must send at least one ( 1 ) year' s prior written notice of such intent , setting forth with particularity the reason for such requested termination or non - renewal , together with a specific proposal for the orderly transition of Library operations to the other party . 5 . 3 . This Interlocal Agreement may be amended only by written agreement of the parties . A party requesting amendment of the Interlocal Agreement must provide written notice , setting forth with particularity the nature of the proposed amendment , to the other party at least ninety ( 90 ) days prior to the proposed effective date of the amendment . 5 . 4 . This Interlocal Agreement is subject to the availability of funds lawfully appropriated for its purpose by the County , and if funds are not so appropriated , the parties agree to enter into negotiations for a mutually satisfactory written modification of this Interlocal Agreement and , if applicable , the Lease . 5 . 5 . Upon termination of this Interlocal Agreement , the associated Lease is automatically terminated upon fulfillment by the parties of the termination obligations set forth in this Interlocal Agreement . ARTICLE 6 MISCELLANEOUS PROVISIONS 6 . 1 . This Interlocal Agreement shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Interlocal Agreement shall be instituted in Indian River County . 6 . 2 This Interlocal Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Interlocal Agreement that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . 6 . 3 . If any term or provision of this Interlocal Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the 9 remainder of this Interlocal Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law . 6 . 4 . Any notice , request , demand , consent , approval or other communication required or permitted by this Interlocal Agreement shall be given or made in writing and shall be served ( as elected by the party giving such notice) by any of the following methods : ( i ) Hand delivery to the other party ; or ( ii ) Delivery by commercial overnight courier service ; or ( iii ) Mailed by certified mail ( postage prepaid ) , return receipt requested . For purposes of notice the addresses are as follows : TRUSTEES : COUNTY : President County Administrator Indian River Community College Indian River County 3209 Virginia Avenue 184025 th Street Fort Pierce , FL 34981 Vero Beach , FL 32960 - 3365 Required Copy to : Required Copy to : College Attorney County Attorney , Neill , Griffin , Tierney , Indian River County Neill & Marquis 184025 th Street 311 S . Second Street Vero Beach , FL 32960 - 3365 Ft . Pierce , FL 34957- 1270 Notice given in accordance with the provisions of this Section shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed . 6 . 5 . Captions in this Interlocal Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Interlocal Agreement or any of its provisions . 6 . 6 . This Interlocal Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 6 . 7 . This Interlocal Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Courts for St . Lucie and Indian River Counties . 10 IN WITNESS WHEREOF , the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE and INDIAN RIVER COUNTY have made and executed this Interlocal Agreement effective as of December 1 , 2005 DISTRICT BOARD OF TRUSTEES OF [SEAL] INDIAN RIVER COMMUNITY COLLEGE WIT SS : eA4v., 1// z -/�� � � A, Signature rner Bols , HAIRMAN Print Name Edwin R . Massey , Ph . D . President INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST : J . K . Barton , Clerk DEPUTY CLERK Thomas S . Lowther , CHAIRMAN BCC a p p roved .%- 'November 16 , 2005 Approved :r1r) r. n r, A � . . seph IA . Baird �It' dian River County Administrator JApproved As To Form Anti gal Sufficiency : s anan E . Fell Assistant County Attorney 11 EXHIBIT A : FUNDING AGREEMENT AND MEMORANDUM OF UNDERSTANDING FUNDING AGREEMENT AND MEMORANDUM OF UNDERSTANDING AMONG INDIAN RIVER COUNTY , INDIAN RIVER COUNTY CLERK OF THE CIRCUIT COURT , THE DISTRICT BOARD OF TRUSTEES OF INDIAN , RIVER COMMUNITY COLLEGE , AND INDIAN RIVER COMMUNITY COLLEGE FOUNDATION , INC . FOR A FULL SERVICE JOINT USE PUBLIC/COMMUNITY COLLEGE BRANCH LIBRARY This Funding Agreement and Memorandum Of Understanding ("Agreement") made and entered as of January 25 , 2005 (the " Effective Date" ) , by and among Indian River County , a political subdivision of the State of Florida (the "COUNTY" ) , Indian River County Clerk Of The Circuit Court , a constitutional officer pursuant to Article V , section 16 , of the Florida Constitution (the " CLERK") , Indian River Community College Foundation , Inc . a Florida not-for- profit corporation (the " FOUNDATION ") , and The District Board of Trustees of Indian River Community College , a political subdivision of the State of Florida (the " TRUSTEES " ) . BACKGROUND RECITALS : A . The COUNTY formally established a countywide public library system in 1986 known as the Indian River County Library System ( " County Library System " ) . B . In 2004 , the COUNTY commissioned a consultant to provide an updated 20 year " Indian River County Library Master Facilities Plan 2004-2025 " for the County Library System . C . The FOUNDATION is the community college direct — support organization for Indian River Community College established in accordance with Florida Statutes section 1004 . 70 (2004 ) . D . The TRUSTEES own real property on College Lane in Indian River County , Florida , commonly known as the Mueller Campus , and the TRUSTEES and the FOUNDATION want to provide enhanced public library facilities for the students , faculty , 1 and staff of Indian River Community College , together with the citizens of Indian River County , at the Mueller Campus . E . One recommendation of the Indian River County Library Master Facilities Plan 2004-2025 is a full service joint use public/community college branch library as part of the County Library System and located at the Mueller Campus of the Indian River Community College . F . The Community College Facility Enhancement Challenge Grant Program , Florida Statutes section 1011 . 32 (2004) (sometimes hereinafter referenced as the " Challenge Grant Program " ) provides a mechanism to share in the costs of the development of high priority instructional and community- related capital facilities , including common areas connecting such facilities , within community colleges , such as the full service joint use public/community college branch library as part of the County Library System to be located at the Mueller Campus of the Indian River Community College . If funded in accordance with the Challenge Grant Program , the project contemplated to be funded under this Agreement shall encompass the planning , design , construction , and equipping of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus ; and public access/infrastructure improvements to include the extension of College Lane to 66th Avenue in Indian River County and construction of a bridge at the future access entrance to the Mueller Campus from 66th Avenue , G . The Challenge Grant Program contemplates that the Florida Legislature will appropriate matching funds for the capital project in one or more fiscal years . H . Pursuant to The Challenge Grant Program , the COUNTY would deposit a portion of the costs of construction for the joint use public/community college branch into a separate capital facilities matching account with the Indian River Community College Foundation , Inc . , the community college direct — support organization for Indian River Community College established in accordance with Florida Statutes section 1004 . 70 ( 2004 ) . The funding contribution from the COUNTY , together with the agreement between the COUNTY and the FOUNDATION , must be in place before February 1 of any calendar year . Thereafter, the Challenge Grant Program contemplates that the Legislature will appropriate matching funds for the capital project in one or more fiscal years . I . The TRUSTEES and the COUNTY wish to maximize the use of their respective resources to provide the citizens of Indian River County and the students , faculty , and staff of the COLLEGE with a full service joint use public/community college branch library as part of the County Library System and located at the Mueller Campus of the Indian River Community College , J . The COUNTY , the TRUSTEES , and the FOUNDATION intend that the full Service joint use public/community college branch library as part of the County Library System located at the Mueller Campus of the Indian River Community College be approximately 30 , 000 square feet on five ( 5 ) acres of high visibility , high public access 2 buildable land at the Mueller Campus ( " Library " ) , together with sufficient parking for Library users (the Library and parking hereinafter collectively referenced as " Library Facility" ) . K . The COUNTY finds that the funding for the Library Facility to be provided under this Agreement will serve a public purpose and will benefit the Indian River County community . L . The COUNTY finds that the Library Facility contemplated in this Agreement will serve a public purpose and will benefit the Indian River County community . M . The FOUNDATION and the TRUSTEES each find that the Library Facility contemplated in this Agreement will serve a public purpose and will benefit the Indian River County community as well as the students , faculty , and staff of Indian River Community College . N . This Agreement is entered into pursuant to and in accordance with the Challenge Grant Program , and other applicable provisions of Florida law . O . The Indian River County Clerk of the Circuit Court ( " CLERK") is a party to this Agreement as Florida Statutes section 28 . 12 (2004 ) provides that the CLERK shall be clerk and accountant of the Indian River County Board of County Commissioners . NOW , THEREFORE , IN CONSIDERATION of the mutual covenants contained herein , and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the parties agree as follows : 1 . RECITALS . The background recitals set forth above are true and correct , form a material part of this Agreement ; and are incorporated herein by reference . 2 . DEPOSIT OF FUNDS . After the FOUNDATION has approved and executed this Agreement on January 18 , 2005 , and after the TRUSTEES have approved and executed this Agreement on January 25 , 2005 , and on or before January 31 , 2005 , the COUNTY and the CLERK shall transfer or cause to be transferred to the FOUNDATION the amount of Four Million Three Hundred Thousand Dollars ( $4 , 300 , 000 . 00 ) (such amount , together with any earned interest thereon as set forth in this Agreement , the "County Contribution " ) to be deposited into a separate capital facilities matching account maintained in a qualified public depository as defined in Florida Statutes section 280 . 02 (2004 ) and located in the State of Florida ( hereinafter a "Qualified Public Depository") (the " FOUNDATION Matching Account") , and held , invested , and disbursed as provided in this Agreement . 3 . MATCHING ACCOUNTS , 3 . 1 . FOUNDATION Matching Account . On or before the Effective Date of this Agreement , the FOUNDATION shall establish the FOUNDATION Matching Account in 3 accordance with Florida Statutes section 1011 . 32 (4) ( 2004 ) for the Library Facility . The FOUNDATION , the TRUSTEES , the COUNTY , and the CLERK acknowledge and agree that : a) the County Contribution shall be deposited into the FOUNDATION Matching Account ; b ) the County Contribution is the maximum amount that the COUNTY is obligated to contribute to the FOUNDATION Matching Account under this Agreement ; and c ) interest earnings on the County Contribution shall be deposited into the FOUNDATION Matching Account and disbursed as set forth in this Agreement . 3 . 2 , TRUSTEES Matchina Account . The COUNTY , the CLERK , the FOUNDATION , and the TRUSTEES acknowledge and agree that : a) appropriations by the Florida Legislature for the Library Facility are disbursed directly to the TRUSTEES ; b ) immediately upon the receipt by the TRUSTEES of any and all appropriations by the Florida Legislature for the Library Facility , the TRUSTEES shall promptly deposit same into a separate capital facilities matching account maintained in a Qualified Public Depository (the "TRUSTEES Matching Account" ) held , invested , and disbursed solely as provided in this Agreement ; c ) immediately upon the receipt by the TRUSTEES of any and all appropriations by the Florida Legislature for the Library Facility , the FOUNDATION shall promptly transfer the County Contribution held in the FOUNDATION Matching Account to the TRUSTEES to be deposited into the TRUSTEES Matching Account to be held , invested , and disbursed solely as provided in this Agreement ; provided , however , that such transfer of the County Contribution from the FOUNDATION Matching Account to the TRUSTEES Matching Account may only occur with the prior written authorization of the CLERK . 4 . INVESTMENT MATTERS , 4 . 1 , Authorized Investments . To the maximum extent allowed by Florida law , the County Contribution in the TRUSTEES Matching Account , and the County Contribution in the FOUNDATION Matching Account shall be invested by the TRUSTEES and the FOUNDATION , respectively , only in the following legal investments for COUNTY funds as set forth in the Indian River County Investment Policy dated August 17 , 2004 ( " Investment Policy") : . 1 . Direct obligations of the United States Treasury ; . 2 . State of Florida Local Government Surplus Funds Trust Fund ( SBA) ; . 3 . Florida Local Government Investment Trust Fund ( FLGIT) ; . 4 . Interest- bearing time deposits or savings accounts in qualified public depositories as defined in Florida Statutes Section 280 . 02 ; . 5 . Federal agencies and instrumentalities ; . 6 . Securities of , or other interests in , any open - end or closed -end management-type investment company or investment trust registered under the Investment Company Act of 1940 , 15 U . S . C . sections 80a- 1 et seq . , as amended from time to time , provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations , and provided that such investment company or investment trust takes delivery of such 4 collateral either directly or through an authorized custodian ; . 7 . Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency ; or . 8 . Repurchase agreements with a term of one year or less collateralized by direct obligations of the United States Government which have maturities of three (3 ) years or less and a market value 103 % or more of the repurchase amount . 4 . 2 . Investment Requirements . The FOUNDATION and the TRUSTEES , respectively , acknowledge and agree that the County Contribution in the FOUNDATION Matching Account and the County Contribution in the TRUSTEES Matching Account that are invested by the FOUNDATION and the TRUSTEES , respectively , pursuant to this Agreement are subject to the following components of the Investment Policy , to the maximum extent allowed by Florida law : . 1 . Maturity and Liquidity. All investments of the County Contribution in the FOUNDATION Matching Account , and the County Contribution in the TRUSTEES Matching Account shall be managed to maintain liquidity to meet the need for cash for the Library Facility and to limit potential market risks . To the maximum extent possible , the FOUNDATION , and the TRUSTEES , respectively , will attempt to match investment maturities with known cash needs and anticipated cash flow requirements ; . 2 . Portfolio Composition . Risk and Diversification . With the exception of United States Treasury Obligations and state authorized pools , no more than 20 % of the entire portfolio of the County Contribution in the FOUNDATION Matching Account , and the County Contribution in the TRUSTEES Matching Account , respectively , shall be invested in any one issuer. No more than 10 % of the County Contribution in the FOUNDATION Matching Account portfolio , and the County Contribution in the TRUSTEES Matching Account portfolio , respectively , may be placed in certificates of deposit and no more than $3 million of either portfolio may be placed in certificates of deposit with any one financial institution . With the exception of State authorized pools , no more than 10 % of the County Contribution in the FOUNDATION Matching Account portfolio , and the County Contribution in the TRUSTEES Matching Account portfolio may be placed in any one money market fund . All investments of the County Contribution in the FOUNDATION Matching Account , and the County Contribution in the TRUSTEES Matching Account , respectively , must have stated maturities of ten ( 10 ) years or less and no more than 25 % of the County Contribution in the FOUNDATION Matching Account portfolio , and the County Contribution in the TRUSTEES Matching Account portfolio respectively , shall be invested in instruments with stated final maturities greater than five ( 5 ) years . The County Contribution in the FOUNDATION Matching Account portfolio , and the County Contribution in the TRUSTEES Matching Account portfolio , respectively , shall have securities with varying maturities and at least 10% of the County Contribution in the FOUNDATION Matching Account portfolio , and the County Contribution in the TRUSTEES Matching Account portfolio , respectively , shall be invested. in readily available funds . 4 . 3 . . Safekeeoing and Custody . All securities purchased by the FOUNDATION for the FOUNDATION Matching Account shall be properly designated as an asset of the 5 FOUNDATION pursuant to the Challenge Grant Program , and held in safekeeping by a third party custodial bank , chartered by the United States Government or the State of Florida , and no withdrawal of such securities , in whole or in part , shall be made from safekeeping except in accordance with all safeguards of this Agreement . All securities purchased by the TRUSTEES for the TRUSTEES Matching Account shall be properly designated as an asset of the TRUSTEES in accordance with applicable Florida law and , to the maximum extent possible , the Challenge Grant Program , and held in safekeeping by a third party custodial bank , chartered by the United States Government or the State of Florida , and no withdrawal of such securities , in whole or in part , shall be made from safekeeping except in accordance with all safeguards of this Agreement . In connection with the FOUNDATION Matching Account and the TRUSTEES Matching Account , the FOUNDATION , and the TRUSTEES , respectively , shall have fully executed third party custodial agreements with a bank chartered by the United States Government or the State of Florida for the FOUNDATION Matching Account and the TRUSTEES Matching Account , respectively , such agreement to include details as to the responsibilities of each party , the costs to be borne by each party , notification of security purchases , sales , delivery , repurchase agreements and wire transfers , safekeeping and transaction costs , and procedures in case of unforeseen mishaps . The TRUSTEES and the FOUNDATION , respectively , acknowledge and agree that purchases and sales of authorized investments in the TRUSTEES Matching Account and in the FOUNDATION Matching Account will only be made through financial institutions which are located in the State of Florida and are Qualified Public Depositories or are " primary dealers " as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities & Exchange Commission Rule 1503 ( Uniform Net Capital Rule) . 4 . 4 . Internal Controls , The FOUNDATION and the TRUSTEES , respectively , shall comply with the following internal controls and operational procedures to protect the County Contribution in the FOUNDATION Matching Account and the County Contribution in the TRUSTEES Matching Account and ensure proper accounting and reporting of securities transactions : 1 . All securities purchased or sold will be transferred only under the " delivery versus payment " ( DVP ) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met ; 2 . The Chief Financial Officer of the FOUNDATION , or the Chief Financial Officer of the TRUSTEES , respectively , are each authorized to accept , on behalf of and in the name of the FOUNDATION Matching Account and the TRUSTEES Matching Account , respectively , bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds ; and 3 . Trust receipts or confirmations shall fully describe the various obligations or securities held . The receipt or confirmation shall state that the investment is held in the name of the FOUNDATION Matching Account or the TRUSTEES Matching Account , respectively . 6 4 . 5 . Reporting . During the term of this Agreement , the FOUNDA T ION and the TRUSTEES , respectively , shall prepare quarterly reports with respect to the County Contribution in the FOUNDATION Matching Account and the County Contribution in the TRUSTEES Matching Account , disclosing current investments ; the book value of all investments ; earnings for the quarter; market values for all investments ; purchases , sales , and maturities of investments ; complete disbursement information , and such other information as may be reasonably requested by the COUNTY and/or CLERK . The FOUNDATION and the TRUSTEES , respectively , shall cause each of the foregoing reports to be completed within fifteen ( 15 ) calendar days after the end of each quarter and thereafter provided to the COUNTY and the CLERK within five ( 5 ) calendar days after completion . 4 . 6 . Other Financial Matters . To the maximum extent allowed by Florida law , the COUNTY , the CLERK , the FOUNDATION , and the TRUSTEES acknowledge and agree that : . 1 . the County Contribution is not subject to the provisions of Florida Statutes section 1010 . 10 (2004) , the " Florida Uniform Management of Institutional Funds Act" ; . 2 . the County Contribution in the FOUNDATION Matching Account and the County Contribution in the TRUSTEES Matching Account , respectively , are subject to audit pursuant to Florida Statutes sections 1004 . 70 , 1010 . 34 , and 11 . 45 ( 8 ) and such audits shall be provided to the COUNTY and the CLERK during the term of this Agreement , within 10 (ten ) calendar days of receipt of all such audits . 5 . AUT HORIZED USES OF FUNDS IN THE MATCHING ACCOUNTS , The County Contribution and all other funds held in the FOUNDATION Matching Account and the TRUSTEES Matching Account , respectively , shall be used solely for the limited purposes set forth in this Agreement and , in accordance with Florida Statutes section 1011 . 32 ( 5 ) (2004) , for the planning , construction , and equipping of the Library Facility , The COUNTY , the CLERK , the FOUNDATION , and the TRUSTEES acknowledge and agree that all disbursements of all the County Contribution and the State matching appropriation in the TRUSTEES Matching Account shall be made on an evenly divided 50/50 basis so that both the State matching appropriation and the County Contribution are drawn upon evenly . 6 . EARLY TERMINATION : REVERTER . Pursuant to Florida Statutes section 1011 . 32 ( 7) ( 2004 ) , if the Library Facility project is terminated , the County Contribution , plus accrued interest , reverts to the FOUNDATION for remittance to the COUNTY . In such event , the FOUNDATION agrees to remit all such funds to the COUNTY within ten ( 10 ) business days after such termination . The COUNTY , the TRUSTEES , and the FOUNDATION acknowledge and agree that this Agreement will be terminated at the expiration of the 2006 Legislative Session if matching funds have not been appropriated , unless the COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION elect to extend the Agreement . Florida Statutes section 1011 . 32 ( 11 ) (2004) provides that any project funds unexpended after a project (such as the Library Facility project) is completed shall revert to the FOUNDATION Matching Account and fifty percent (50 % ) of such unexpended funds 7 shall be reserved for Indian River Community College to provide matching funds for future facility construction projects . The FOUNDATION and the TRUSTEES , to the maximum extent allowable under Florida law , agree to cause any such unexpended funds that are attributable to the County' s Contribution to be allocated as a "credit" toward a like amount of costs that the COUNTY must expend for the completed Library Facility . 7 , LIBRARY FACILITY OBLIGATIONS . The COUNTY , the FOUNDATION , and the TRUSTEES all acknowledge and agree : A . that the Library is a full service , joint- use public community college branch library of the County Library System located on the Mueller Campus ; B . that the Library Facility will be located in a mutually agreeable location with a maximum amount of public access and public visibility on the Mueller Campus ; C . to guarantee permanent public access to the Library Facility on the same terms and conditions as other libraries in the County Library System ; D . that the FOUNDATION and the TRUSTEES will diligently pursue funding under Florida Statutes section 1011 . 32 (2004) and , upon receipt of such funding , promptly proceed with the design and construction of the Library Facility ; E . that the Indian River County Administrator or designee shall participate in all phases of the professional selection process conducted by either the FOUNDATION , the TRUSTEES , or both under the Consultants ' Competitive Negotiation Act , Florida Statutes section 287 . 055 (2004 ) ; G . that the Indian River County Administrator shall have the ability to designate up to four (4 ) employees , including the General Services Director, the Library Director, the Building and Grounds Superintendent , to review and approve all aspects of the schematic design , plans , exterior signage , and specifications of the Library Facility , consistent with the general schematic design plan for the Mueller Campus and the Richardson Center located thereon ; H . to cooperate with the COUNTY in connection with any Library Facility construction grant funding that the COUNTY may seek to obtain for the Library Facility ; and I . to require that all insurance in connection with the Library Facility name " Indian River County" as an additional insured , with all coverages , insurers , deductibles , and cancellation provisions acceptable to the COUNTY' s Risk Manager; J . to require that all payment and performance bonds in connection with the Library Facility be dual obligee bonds in favor of the COUNTY , in the name of " Indian River County" with a surety acceptable to the COUNTY' s Risk Manager; K . to require that a one ( 1 ) year maintenance bond for the Library Facility be provided , in the form of a dual obligee bond in favor of the COUNTY , in the name of " Indian River County" with a surety acceptable to the COUNTY ' s Risk Manager; and L . that during any federally , State of Florida , or locally declared disaster or other emergency , the COUNTY shall have the full and exclusive use of the Library Facility as the COUNTY , in its sole discretion , acting as the Indian River County Emergency Services 8 District , shall determine , for any and all appropriate governmental purposes in connection with such declared disaster or other emergency ; provided , however, that the TRUSTEES shall have access to the Library Facility at any time as may be deemed by the TRUSTEES to be reasonably necessary . 8 . FURTHER AGREEMENTS . The COUNTY and the TRUSTEES acknowledge and agree that this Agreement sets forth a general framework for future agreements that are contemplated between the COUNTY and the TRUSTEES for the lease , operation , and maintenance of the Library Facility , The COUNTY and the TRUSTEES each agree to negotiate the terms of a Lease and Interlocal Agreement for the construction and operation of the Library Facility as a full service , joint- use public community college branch library located at the Mueller Campus . The Library will be approximately 30 , 000 square feet located on five (5 ) buildable acres as more specifically set forth in the Lease and Interlocal Agreement . The Lease will be a long-term capital facilities lease of ninety- nine ( 99 ) years . The COUNTY and the TRUSTEES acknowledge and agree that the TRUSTEES anticipate receipt of funds from the Florida Legislature in the minimum amount of $ 5 . 62 per square foot to be applied toward operation and maintenance for the completed Library ( such funds hereinafter the "Operating Funds for New Facilities" ) . If in any legislative funding cycle , the TRUSTEES do not receive such legislative appropriations of Operating Funds for New Facilities , the COUNTY and the TRUSTEES acknowledge and agree that the COUNTY has no obligation to fund such shortfall . In the unlikely event that Legislative funding for Indian River Community College is reduced across-the - board , the COUNTY and the TRUSTEES agree that the percentage of reduction in funds contributed by the TRUSTEES shall not exceed the percentage reduction applied to Indian River Community College by the Legislature . In connection with the Library , the TRUSTEES acknowledge and agree that the TRUSTEES will use their best efforts to obtain all allowable legislative appropriations and funding , and to use any and all other legally available funding sources , to provide funding of both : a) a minimum of $5 . 62 per square foot to be applied toward allowable operation and maintenance costs of the Library ; and b ) all personnel costs for one ( 1 ) librarian dedicated to the Library . The Operating Funds for New Facilities may be increased by the Florida Legislature from time to time , and the TRUSTEES acknowledge and agree that any increased amount in the rate of Operating Funds for New Facilities received by the TRUSTEES for the Library shall be allocated by the TRUSTEES to the Library . 9 , TERM . The term of this Agreement shall commence on the Effective Date and terminate eighteen ( 18 ) months after final completion and acceptance of the Library Facility , unless sooner terminated in accordance with its terms . 10 . INDEMNIFICATION , A . The FOUNDATION shall indemnify and hold harmless the COUNTY and the CLERK , and their respective officers , agents , and employees from or on account of any negligent act or omission , reckless , or intentionally wrongful conduct of the FOUNDATION , 9 or its agents or employees , in connection with , or arising directly or indirectly from , the performance by the FOUNDATION , or its agents or employees , of the obligations to be performed by the FOUNDATION , or its agents or employees under this Agreement . Be The COUNTY and the CLERK are state agencies or political subdivisions of the State of Florida as defined in Florida Statutes section 768 . 28 (2004 ) , and each agree to be fully responsible for acts and omissions of its respective agents or employees in connection with its respective performance under this Agreement to the extent permitted by law . Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY or the CLERK . Nothing herein shall be construed as consent by the COUNTY or the CLERK to be sued by third parties regarding any matter arising out of this Agreement . C . The TRUSTEES are a state agency or political subdivision of the State of Florida as defined in Florida Statutes section 768 . 28 , and agree to be fully responsible for acts and omissions of its agents or employees in connection with its performance under this Agreement to the extent permitted by law . Nothing herein is intended to serve as a waiver of sovereign immunity by the TRUSTEES . Nothing herein shall be construed as consent by the TRUSTEES to be sued by third parties regarding any matter arising out of this Agreement . D . The provisions of this section 10 shall survive the expiration or earlier termination of this Agreement . 11 , LAW GOVERNING AND VENUE . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida . Venue with respect to any litigation instituted in connection with this Agreement shall lie exclusively in Indian River County , Florida . 12 , INDEPENDENT CONTRACTOR . The COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION are each deemed to be independent contractors . Neither the TRUSTEES nor the FOUNDATION is in any sense a legal or implied agent of the COUNTY or the CLERK , and neither has any authority whatsoever to bind the COUNTY or the CLERK , and no acts or assistance given by the COUNTY or the CLERK shall be construed to have altered this relationship . Likewise , neither the COUNTY nor the CLERK is in any sense a legal or implied agent of the TRUSTEES or the FOUNDATION , and has no authority whatsoever to bind the TRUSTEES or the FOUNDATION , and no acts or assistance given by the COUNTY or the CLERK shall be construed to have altered this relationship . This Agreement shall not create nor be ' deemed to create a partnership or joint venture among the parties . 13 . HEADINGS . The headings , section , and subsection numbers of this Agreement are inserted for convenience only , and shall have no effect upon the meaning of any of the provisions herein . 14 . SEVERABILITY . If any provision of this Agreement , or the application thereof to any person or circumstance , shall be found to be invalid or unenforceable by a court of 10 competent jurisdiction , then the remainder of this Agreement , or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable , shall not be affected thereby , and each unaffected provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law . 15 . TIME IS OF THE ESSENCE . Time shall be deemed to be of the essence of this Agreement with respect to all provisions in which a definite time for performance is specified ; provided , however, that the foregoing shall not be deemed to deprive any party of the benefit of any cure period set forth herein . No extension of any such time period shall be implied from any conduct of the parties , but rather such extension must be in writing and signed by the party to whom such performance is due from the other party . 16 . NOTICES . Any and all notices , approvals , consents , or demands required or permitted to be provided under this Agreement shall be in writing and shall be deemed given and received ( i) when personally delivered with a receipt obtained , ( ii ) on the date noted as received , refused , or uncollected when sent by certified or registered mail , postage prepaid and return receipt requested , or ( iii ) on the earlier of receipt or two (2 ) business days after acceptance for delivery by a nationally recognized overnight delivery service ( e . g . , Federal Express) , at the following addresses : If to the COUNTY : Joseph A . Baird , County Administrator Indian River County 184025 th Street Vero Beach , FL 32960 - 3365 FAX : 772 -770 - 5095 If to the CLERK Jeffrey K . Barton , Clerk Indian River County 200016 th Avenue Vero Beach , FL 32960 FAX : 772 -778 -4748 If to the TRUSTEES : Dr. Edwin R . Massey , President Indian River Community College 3209 Virginia Avenue Fort Pierce , FL 34981 FAX : 772-462 -4724 If to the FOUNDATION : Jimmie Anne Haisley , Executive Director Indian River Community College Foundation , Inc . 3209 Virginia Avenue , Fort Pierce , FL 34981 FAX : 772462-4602 11 Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of the notice must additionally be mailed . Any party may change its address , for the purposes of this section , by written notice to the other parties given in accordance with the provisions of this section . 17 . INTERPRETA TION AND JOINT PREPARATION . Should any of the provisions of this Agreement require judicial interpretation , it is agreed by the COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION that the court interpreting or construing the same shall not apply a presumption that the terms of any such provision shall be more strictly construed against the party who itself or through its agents prepared the same . The COUNTY , the CLERK , the TRUSTEES , and the FOUNDATION acknowledge that the agents and attorneys of all parties have participated in the preparation of the provisions of this Agreement and that all terms have been negotiated by the parties . 18 . WAIVER . The waiver by the COUNTY , the CLERK , the TRUSTEES , or the FOUNDATION of any breach of or default under any term , covenant , or condition in this Agreement shall not be deemed a waiver of any subsequent breach or default under the same or any other term , covenant or condition contained herein . 19 . NO THIRD PARTY BENEFICIARY . The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any specific third party , nor shall this Agreement be deemed to have conferred any rights , express or implied , upon any specific third party except as otherwise specifically provided for herein . 20 . LIBERAL CONSTRUCTION . This Agreement shall be liberally construed and interpreted to the extent possible to fully effectuate its purposes and intent . 21 . SUCCESSORS , This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees . 22 . AVAILABILITY OF FUNDS . The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 23 , NO PLEDGE OF CREDIT . Neither party to this Agreement shall pledge the credit of any other party to this Agreement , or make any party a guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness . 24 . COUNTERPARTS . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 12 IN WITNESS WHEREOF , the parties hereto have made and executed this Funding Agreement and Memorandum of Understanding effective as of January 25 , 2005 . ATTEST : J . K . Barton , Clerk INDIAN RIVER COUNTY , FLORIDA _ BOARD OF COUNTY COMMISSIONERS Deputy Clerk By Thomas S . Lowther, Chairman COUNTY — BCC approved 1/ 18/2005 Approved : jndi V Ap ov as to form and legal suffici cy: ph A . Baird n River County Administrator n " Fell , Ass ista nt . Co u nty Attorney CLERK OF THE CIRCUIT COURT INDIAN RIVER COUNTY , FL RIDA B y J . K . Ba on-,--erk Date Approved by Clerk : 13 DISTRICT BOARD OF TRUSTEES OF [SEAL] INDIAN RIVER COMMUNITY COLLEGE WITNESSES : Dr . Edwin R . Massey , Pr, ' dent Signature 'SJJLanne Print Name TRUSTEES approved 1 /25/2005 Signature Print Name INDIAN RIVER COMMUNITY COLLEGE FOUNDATION , INC . WITNESSES : Sign ure jZan ri e P.rs an By Print Name 4fimie Anne Haisley Executive Director FOUNDATION approved 1 / 18/2005 Signature Print Name 14 EXHIBIT B : LEASE LEASE BETWEEN DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE AND THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS For Real Property for Construction of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus of the Indian River Community College This Lease for Real Property for Construction of a Full Service Joint Use Public/Community College Branch Library as part of the Indian River County Library System located at the Mueller Campus of the Indian River Community College (" Lease ") bearing an effective date of December 1 , 2005 , is between the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE , a political subdivision of the State of Florida ("Trustees " ) and INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County" ) . BACKGROUND RECITALS A . Effective January 25 , 2005 , a Funding Agreement and Memorandum Of Understanding ( " Funding Agreement") , a copy of which is attached to the Interlocal Agreement ( hereinafter defined ) , was made by and among the County , the Indian River County Clerk Of The Circuit Court , a constitutional officer pursuant to Article V , section 16 , of the Florida Constitution , Indian River Community College Foundation , Inc . a Florida not-for- profit corporation (the " Foundation ") , and the Trustees . B . The purpose of the Funding Agreement was to comply with the provisions of the Community College Facility Enhancement Challenge Grant Program , Florida Statutes section 1011 . 32 ( 2004 ) (" Challenge Grant Program ") in connection with a full service joint use public/community college branch library as part of the Indian River County countywide public library system ( " County Library System ") to be located on College Lane in Indian River County , Florida , commonly referred to as the Mueller Campus of the Indian River Community College , and contemplated to be approximately 30 , 000 square feet on approximately five (5 ) acres of high visibility , high public access buildable land at the Mueller Campus (" Library") , to include sufficient parking for Library users (the Library and parking sometimes hereinafter collectively referenced as " Library Facility" ) . C . If funded in accordance with the Challenge Grant Program , the Library Facility project contemplated under the Funding Agreement shall encompass the planning , design , construction , and equipping of a full service joint use public/community college branch library as part of the County Library System located at the Mueller Campus ; and public access/infrastructure improvements to include the extension of College Lane to 66th Avenue in Indian River County and construction of a bridge at the future access entrance to the Mueller Campus from 66th Avenue . 1 , D . The County finds that the Library Facility contemplated in this Lease will serve a public purpose and will benefit the Indian River County community . E . The Trustees find that the Library Facility contemplated in this Lease will serve a public purpose and will benefit the Indian River County community as well as the students , faculty , and staff of Indian River Community College . F . The terms of the Challenge Grant Program require that the Trustees own the Library Facility ; and , pursuant to applicable Florida law , the Trustees have the legal ability to enter into a capital facilities lease of the Library Facility to the County . G . In furtherance of the provisions of the Funding Agreement and this Lease , the parties hereto have determined that it would be to the mutual advantage of the parties to provide for the cooperative use of the Library Facility by an Interlocal Agreement and have executed an Interlocal Agreement of even date herewith ( " Interlocal Agreement" ) . NOW , THEREFORE , in consideration of the mutual advantages accruing to the parties and the benefits , promises and considerations set forth herein , Trustees and County do hereby agree as follows : 1 . DEFINITIONS . All defined terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Interlocal Agreement , 2 . DESCRIPTION OF LEASED PREMISES . The Trustees hereby lease to the County , and the County hereby leases from the Trustees , the 5 acres of real property depicted on Exhibit A attached hereto and made a part of this Lease (" Leased Premises " ) . The parties acknowledge and agree that Exhibit A is a delineation of the general area of the Leased Premises on a portion of a proposed schematic drawing of the Master Plan ( as such term is defined in the Interlocal Agreement) . Promptly upon execution of this Lease by the County , the Trustees shall cause the legal description and the survey of the Leased Premises to be performed . The parties acknowledge and agree that : i ) the location of the Leased Premises will not be changed from that shown on Exhibit A ; and ii ) prior to commencement of construction of the Library Facility , the Trustees shall provide the legal description and the survey of the Leased Premises to the County ; and iii ) the legal description and the survey of the Leased Premises shall be deemed to be an allowable amendment of this Lease . 3 . USE OF LEASED PREMISES . The County shall use the Leased Premises solely and exclusively for a Library to be constructed by the Trustees , and operation of a Library . The Library shall be a branch Library of the County Library System located on the Mueller Campus , as more particularly provided in the Interlocal Agreement , 4 . TERM . It is the intent of the parties that this Lease is a long term capital lease having the longest term allowable by applicable Florida law . The initial term of this Lease shall be for sixty-six (66 ) years commencing on the Effective Date of this Lease . Subject to early termination pursuant to the Interlocal Agreement , this Lease shall automatically renew for 2 three ( 3 ) additional terms of eleven ( 11 ) years each , for a total potential term , including all renewal options of ninety nine ( 99 ) years . 5 . RENT . The rent under this Lease shall be One Dollar ($ 1 ) per year. The additional consideration for this Lease shall consist of: ( a ) the County Contribution (as such term is defined in the Funding Agreement) ; ( b ) the County' s contribution of personnel , operational funds (exclusive of utilities ) , data and telephone , and operation of the Library ; and ( c) the replacement of the floor coverings ; exterior roof covering and waterproofing ; and major components of the HVAC system at the end of the useful life of each of the foregoing by the County , during the initial term and any renewal terms of this Lease , all as more specifically provided in the Interlocal Agreement . 6 . APPROVALS , PERMITS , AND UTILITIES . 6 . 1 It shall be the responsibility of the Trustees to obtain any and all required governmental or governmental agency approvals and permits associated with the construction of the proposed Library Facility ; provided , however, that the County shall fully cooperate with the Trustees to obtain any and all of the foregoing governmental approvals , and permits ; and further provided that , to the extent necessary , the County shall be a co-applicant with the Trustees for any such required approvals or permits . It shall be the responsibility of the Trustees to obtain any and all necessary or required governmental approvals , easements , or permits ( i ) in connection with the Leased Premises ; and ( ii ) specifically required due to the nature of the Leased Premises with respect to the construction of the Library Facility on the Leased Premises . 6 . 2 Nothing herein shall be deemed to waive or imply waiver of any Indian River County regulations or fees applicable to the review of the Library , or the Library Facility , or the site plans of the Library or Library Facility on the Leased Premises . 6 . 3 The County and the Trustees shall cooperate in facilitating the provision of all utility services to the Leased Premises , the Library , and the Library Facility , 6A Nothing herein shall be deemed to waive or imply waiver of the Trustees ' rights , responsibilities , and duties set forth under Florida Statutes chapter 1013 and in the Florida Department of Education ' s adopted State Requirements for Educational Facilities . 7 . REPRESENTATIONS AND WARRANTIES OF THE TRUSTEES . As a material inducement to the County to enter into this Lease , the Trustees make the following representations and warranties to the County : (a) The Trustees have the full right and authority to enter into this Lease and to construct the Library Facility; ( b )There are no required consents or approvals of any governing body or agency of the State of Florida , including without limitation , the State of Florida Department of Education , with respect to entering this Lease ; and ( c)This Lease is entered into by the Trustees in compliance with any and all statutes , rules and governing documents of the Trustees applicable thereto . 3 8 . MAINTENANCE OF LEASED PREMISES 8 . 1 . The routine maintenance of the interior and exterior of the Library building shall be the responsibility of the Trustees pursuant to the terms of the Interlocal Agreement during the initial term and any and all renewal terms of this Lease . 8 . 2 . During the initial term and any and all renewal terms of this Lease , the routine exterior maintenance of the Library building and the Library Facility , the other maintenance items set forth in paragraph 3 . 01 . 13 of the Interlocal Agreement , that may become necessary shall be the responsibility of, and funded by , the Trustees as set forth in the Interlocal Agreement 9 . CLEANING . The interior and exterior of the Library building shall be kept clean . During the initial term and any and all renewal terms of this Lease , the Trustees shall provide interior and exterior Library cleaning services , as set forth in the Interlocal Agreement , 10 . UTILITIES . The Trustees shall pay for all utility costs as set forth in the Interlocal Agreement for the Library and , as applicable , the Library Facility , during construction , the initial term , and any and all renewal terms of this Lease . The County shall pay for the cost of installing fiber optic cable to the Library , and all data and telephone costs for the Library during construction , the initial term , and any and all renewal terms of this Lease . 11 . SECURITY . The County shall provide security for the interior of the Library during the initial term and any and all renewal terms of this Lease . In addition , the County shall provide a security system for its portion of the collections housed at the Library . The Trustees shall provide security for the exterior of the Library , to the same extent as the Trustees provide security for other Mueller Campus buildings and areas during the initial term and any and all renewal terms of this Lease . The Trustees shall also provide security for the Leased Premises during construction of the Library Facility , to the same extent as the Trustees provide security for other Mueller Campus areas . There is an alarm system on the Mueller Campus , and the alarm system for the Library will be a stand - alone system . The parties acknowledge and agree that : (a ) the Mueller Campus of the Indian River Community College currently uses a standard lock specification ; ( b ) the Trustees employ a locksmith ; and ( c) the appropriate County personnel will receive one or more master keys for the Library . 12 . PARKING . There shall be a parking lot adjacent to the Library on the Leased Premises designated and controlled for the use of Library users and Library staff and built by the Trustees in accordance with the Interlocal Agreement . 13 . DAMAGE OR DESTRUCTION OF LIBRARY . In the event of any damage , destruction , or casualty loss to the Library , the County and the Trustees agree to cooperate with respect to insurance proceeds received in connection with the Library to achieve the goal of a fully-functioning Library . If the Library is damaged less than twenty five percent (25 % ) , as determined by the Indian River County Building Official and the Building Official for the Trustees , the Trustees shall repair the Library , up to the limits of insurance proceeds 4 received by the Trustees , and the County shall cooperate with the Trustees in such repair. If the Library is damaged twenty five percent (25 % ) or more , as determined by the Indian River County Building Official and the Building Official for the Trustees , the damage shall , up to the limits of insurance proceeds received by the Trustees be repaired or the Library shall be reconstructed as mutually agreed by the County and the Trustees and the County shall cooperate with the Trustees in such repair or reconstruction . 14 . OWNERSHIP ; NO ENCUMBRANCES . Pursuant to the provisions of the Challenge Grant Program , the Trustees shall own the land on which the Library building is located and the Library building at all times during the initial term and any and all renewal terms of this Lease . During the initial term of this Lease and any renewal thereof, neither the County nor the Trustees shall sell , lease , mortgage , or encumber any part of the Library , Library Facility or Leased Premises . 15 . INSURANCE . The respective insurance obligations of the County and the Trustees are as more specifically set forth in the Interlocal Agreement . 16 . CONSTRUCTION OF LIBRARY FACILITY . The Library and the Library Facility shall be designed and constructed according to the schematic design approved by the County , Trustees , and , solely with respect to the Library , the Division of State Library and Information Services in accordance with the Interlocal Agreement . The parties acknowledge and agree that : a ) the Leased Premises on which the Library will be constructed is within Flood Zone AE ; b ) the AE Flood Zone designation creates a requirement that the finished floor elevation for a 100 year flood event is at or above the level of 22 . 3 feet ; and c) the Trustees shall require that the finished floor elevation of the Library be at or above the level of 22 . 3 feet . 17 . SIGNS . The location of all and any signage shall be included in the schematic design that is approved by the Trustees and the County as set forth in the Interlocal Agreement , The County may have external signage identifying the Library as a Indian River County Branch Library as a part of the Indian River County Library System on or at the Library Facility , the Leased Premises ; and any other appropriate locations on the Mueller Campus . The Trustees may have external signage identifying the Library as a College Library on or at the Library Facility , the Leased Premises ; and any other appropriate locations on the Mueller Campus . 18 . NOTICE . Any notice , request , demand , consent , approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served ( as elected by the party giving such notice) by any of the following methods : ( i ) Hand delivery to the other party ; or ( ii ) Delivery by commercial overnight courier service ; or ( iii ) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested . 5 For purposes of notice the addresses are as follows : TRUSTEES : COUNTY : President County Administrator Indian River Community College Indian River County 3209 Virginia Avenue 184025 th Street Fort Pierce , Florida 34981 Vero Beach , FL 32960 - 3365 Required Copy to : Required Copy to : College Attorney Neill , Griffin , Tierney , County Attorney Neill & Marquis 311 S . Second Street Indian River County 184025 th Street Ft . Pierce , Florida 34957 - 1270 Vero Beach , FL 32960 - 3365 Notice given in accordance with the provisions of this Section shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed . 19 . TERMINATION . In the event the Interlocal Agreement is terminated , this Lease shall become null and void , upon fulfillment by the parties of the termination obligations set forth in the Interlocal Agreement . 20 . RECORDATION , This Lease shall be recorded in the Official Records of Indian River County . The parties acknowledge and agree that the Interlocal Agreement must be filed with the Clerk of the Circuit Courts for St . Lucie and Indian River Counties , and a copy of this Lease is an exhibit to the Interlocal Agreement ; therefore , this Lease does not need separately to be recorded . 21 . EXECUTION . This Lease shall be executed in any number of counterparts , each of which shall be an original . 22 . BACKGROUND RECITALS . The Background Recitals are true and correct and form a material part of this Lease . 6 IN WITNESS WHEREOF , the DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE and INDIAN RIVER COUNTY have made and executed this Interlocal Agreement effective as of December 1 , 2005 . DISTRICT BOARD OF TRUSTEES OF [ SEAL] INDIAN RIVER COMMUNITY COLLEGE WITNF . Signature V Werni&r Bois , Chairman Print Name : _ Edwin R . Massey , Ph . D . ,4J Signa re Print Name Suzanne Parsons ATTEST : J . K . Barton , Clerk BOARD OF ,CQ �lrl►� ,W COMMISSIONERS OF INDIAN RIVER , IVER COtM TY., FLORIDA Deputy Clerk Thomas. . &. Lowth*er, Chairman Date appfo,ved by, BIC. , ,November 15 , 2005 Approved Appro ed As To Form : n al Su Jo` eph A. Baird I Jo River County Administrator Marian E . Fell , Assistant County Attorney 7 GENERAL APPROXIMATION OF A 5-ACRE SITE FOR THE JOINT USE LIBRARY l v Iws 1 EIPA 0 - `I �`• ��i it � � L'_7 � —r . , �/� <— oma,. Cpc; lit I _ _� . FIDSTINO (/ RICHARDSON CENTER �.. IRCC MUELLER CAMPUS MASTER PLAN PROPOSED LIBRARY LOCATION PLAN 01/17/05 Exhibit B PUBLIC DISCLOSURE RELATIVE TO LEASING OF REAL PROPERTY TO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY THE DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE This is to certify and disclose that no individual or person has any private interest in or any benefit from the property which is being leased by the District Board of Trustees of Indian River Community College to the Indian River County Board of County Commissioners to wit , the property described on Exhibit A attached hereto and make a part hereof. DISTRICT BOARD OF TRUSTEES OF [ SEAL] INDIAN RIVER COMMUNITY COLLEGE A WIT S : Signature mer Bols , Chair nan Edwin R . Massey , Ph . D . Print Name Signa re Suzanne Parsons Print Name 1