2004-047 Ordinance - Laserfiche WebLink

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The Trustees acknowledge that the Facilities Director of the Cuyahoga Public Library or his designee (the Library Representative) has served as the duly designated agent of the Trustees in the representation of the Trustees' interest in the New Facility; that the Library Representative has participated on behalf of the Board of Trustees in the acquisition, construction, fumishing and equippinQ of the vew Faciliry, including such on-site inspections and review of plans, specifications, shop draw-ings and other documents comprising or related to the Construction Contracts> as to be familiar generally Mth the desizi and construction of the New Facility; and that the Trustees are leasinQ and have accepted and do accept delivery of the Leased Property "AS IS" as completed under the Construction Contracts, the \.ew Building having been certified for occupancy as provided by law, without reliance upon any representation or warranty by the City as to the condition of the Leased Property or its suitability for the purposes of the Trustees. The Trustees' desionee, presently [the Facilities Director,] shall continue to review materials, equipment and construction to insure conformance to the plans and specifications and to report any deviations or problems promptly to the City, to (the Architect) and to (the Construction Manager). The Architect and the Construction Manaaer shall be directed to investigate and take immediate steps to correct same to conform to the plans and specifications as required by the City and/or the Trustees.] SECTION 4. COMPLETION AIND OCCUPANCY. The City and the Trustees shall cooperate in the correction of any buildinQ defects durina the warranty periods specified in the Construction Contracts and covered by each contractor's performance bonds, and thereafter, to the extent any claim against a contractor is legally permissible. The City hereby assigns to the Trustees, to the e:ctent permitted by law and not prohibited by the Construction Contracts, a nonexclusive right to enforce, or to make a claim against a contractor upon the basis of, at its sole cost and e:cpense, any provision of a Construction Contract or the contractor's performance bond or bonds; provided, that the Trustees shall not eYercise any such right without givin; prior written notice to the City and offering to the City the right to join in any action or the making of any claim. Any proceeds realized by takinQ any such action or making any such claim, after payment of reasonable costs and expenses, shall be applied exclusively to the repair of the defect that ?ave rise to the action or claim, the acquisition of furniture, furnishings or equipment for, or the making of capital improvements to, the New Facility (coliectively, Improvements). SECTION 5. RENT. [For such period as the Trustees have had possession of the Leased Property and d] [D] uring the continuance of this Lease Agreement, the rental fee to be paid by the Trustees to the City shall be the operation of a free public library under Rules and Regulations promuloated generally by the Trustees for libraries within its jurisdiction (the Rules and Regulations). The entire cost of such library operation, including staff payroll, purchase of library materials, payment of utilities and taxes, and other costs shall be borne by the Trustees, and the City shall not have any obligation, at law or in equity, to underwrice, absorb or in any other way pay for the operation of the Leased Property as a free public library. It is the purpose and intent of the Ciry and the Trustees that, as between the City and the Trustees, all costs, expenses, liabilities and obligations that may arise or become due during the term hereof with respect to the interests in the Leased Properey that are leased and assigned by the City to rhe Trustees hereunder, whether ordinary or extraordinary, foreseen or unforeseen, including any and all federal, state and local income or other taxes on or measured by the rentals paid to the City, shall be paid by the Trustees, except any eosts specifically imposed upon the City hereunder. ., -?-