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18 <br /> <br />DRAFT <br /> <br /> PREMISES <br /> 1. The Town has purchased real property within its corporate limits <br /> upon which it desires to construct a facility to be used as a public library. <br /> 2. The County has established and presently ac~ninisters a public library <br /> system within its borders, which system includes branch library facilities in <br /> most municipalities in Cabarrus County. <br /> 3. The Town desires that the library facility which it intends to build <br /> become a part of the County's library system. <br /> 4. The County desires to increase the penetration of its library system <br /> in the Harrisburg area by establishing a library facility in the Town. <br /> In consideration of the above premises and the terms expressed below, <br /> the parties agree as follows: <br /> TEEMS <br /> 1. The Town, at its sole expense, on its property shall construct a <br /> building of approximately 10,000 square feet to house a branch facility of the <br /> County library system. <br /> 2. The library facility shall be located on a site to be determined by <br /> the Town, which is located on a thirty-eight acre tract owned by the Town <br /> between Alexander Street and Robinson Church Road in Marrisburg, North <br /> Carolina. <br /> 3. The Town, at its expense, shall also provide the initial furnishings <br />and equipment to outfit the building as a library. After the County takes <br />possession of the building, pursuant to the lease provisions of this <br />Agreement, the County at its expense will provide additional furnishings and <br />equipment sufficient to provide quality library services to the general public <br />and the residents of the Town. <br /> 4. The Town hereby leases to the County this library facility which the <br />County agrees tc lease from the Town. The initial term of this lease is ten <br />years, coramencing at midnight of the day after the Town is issued certificate <br />of occupancy for the library building. <br /> 5. The annual rental to be paid by the County t~o the Town is One Dollar <br /> ($1.00) payable in advance of each year of the lease term. <br /> 6. The County shall operate this Harrisburg library facility as a full <br />service branch of the County Library system. The County shall appropriate and <br />provide sufficient funds to timely pay the costs of operation of the library <br />facility, including compensation of sufficient staff, library materials and <br />publications, supplies and programs commensurate with that provided in the <br />other branches of the County library system. The County shall also provide at <br />its expense maintenance and repair of the interior of the building and its <br />operating systems, such as electrical, plun%bing and HVAC. Such expenses shall <br />be considered additional rent. <br /> 7. The Town shall provide at its expense the maintenance and repair of <br />the exterior of the building, including the roof, exterior walls and exterior <br />windows, and provide lighting in parking areas. The Town shall also provide <br />maintenance of the grounds surrounding the library building, including the <br />parking areas and roadways. <br /> 8. The Town shall provide at its expense water and sewer service to the <br />library facility. The County shall pay the cost of electrical service for the <br />library. The County shall provide and maintain at its expense adequate <br />telecommunications and data transfer equipment and lines to connect to the <br />computer systems of the County library system. <br /> 9. The County and Town shall each obtain sufficient hazard and liability <br />insurance to insure their respective interests in the library facility and <br />their respective legal obligations to each other and to the general public. <br /> 10. The library will be operated pursuant to the general policies of the <br />County. The Town shall have the right to select one resident to serve on the <br />County's Library Board of Trustees. <br /> 11. This agreement and lease shall automatically renew yearly unless <br />either party gives the other notice of termination at least 120 days prior to <br />the expiration of the existing term. <br /> 12. This document represents the entire agreement of the parties. No <br />amendments or modifications shall be effective unless reduced to writing and <br />signed by authorized representatives of the parties. <br /> IN WITNESS the parties have each duly approved this agreement by <br />official action and have authorized the undersigned to execute this document <br />effective the day and year first written above. <br /> <br />Date: TOWN OF HARRISBURG <br /> By: (SEAL) <br /> MAYOR <br />Date: CABARRUS COUNTY <br /> By: (SEAL) <br /> CHAIR, COUNTY CO~94ISSION <br /> <br />Close-Out of Human Services Center Pro~ect - A~proval of Budget ~ndm~nt and <br />Chan~e Order <br /> <br /> <br />