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.. ?? <br />?..?° <br />WH'ER-IAS, the Trustees have agreed to operate a fully staffed and functioning <br />free pubIic Iibrary in the New Facility to be provided by the City; and <br />WHEREAS, the Ciry and the Trustees wish to by this Aa eement to memorialize <br />certain mutual intentions, understandings, promises and agreemenu; <br />NOW, THEREFORE, in considerauon of these presents and the mutual promises <br />and undertakings herein contained, and for other good, sufficient and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledc'red, the parties to this Agreement do <br />hereby covenant and agree as follows: <br />ITEM I: Site <br />The City and the Trustees acknowledge that the Site has not yet been finally <br />selected; however, the City and the T'rustees presently intend that the New Building and reIated <br />facilities be located on property (including interests therein) generally described in Attachment 1 <br />hereto, subject only to the City's ability to acquire satisfactory title in that property at a cost <br />acceptable to the City and the Tnistees. The City shaIl in good faith undertake the negotiations <br />and other actions required for the acquisition. of that property. Once negotiations for the <br />acquisition of the praperty have been concluded, the Trustees shall advise the City in writing <br />whether the cost of such acquisition is acceptable to them, and the City shall have fiill power and <br />authority to rely on that advice in prflceeding with tile acquisition of the property which, upon <br />any such acquisitian, shall become the Site. In the event such property is not available to the <br />_ City at a cost acceptable to the Ciry and the Trustees, the City and the Trustees shail cooperate in <br />Iocating and acquiring other mutually agreeable property in the City to serve as the Site. If the <br />Ciry and the Trustees are unabie to a,ree on the Site by December 'o I, 2002, either the City or <br />the Trustees may terminate this Agreement by written notice to the other. AIl costs of acquiring <br />-I - <br />?„_,.e,??