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INTERLOCAL AGREEMENT FOR LIBRARY CAFEINTERLOCAL AGREEMENT City of Clearwater - Library Cafe This OPERATOR AGREEMENT(the "Agreement"), made and entered into this Z3 day of rt l , 20 A, ("Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, (the "City") and the SCHOOL BOARD OF PINELLAS COUNTY (the "School Board"): WITNESSETH WHEREAS, City owns and operates the Main Library facility located at 100 North Osceola Avenue, Clearwater, Florida, 33755, more specifically described in attached Exhibit "A" (the "Library"); and WHEREAS, the Library houses a cafe area ("Premises" or "Cafe") designed to provide food and beverage service to Library patrons and visitors; and WHEREAS, School Board wants to utilize the Cafe for on-the-job training for its students as part of Pinellas County Schools' Extended Transition Program (the Program); and WHEREAS, the Premises is currently unoccupied and not being utilized; WHEREAS, the City has determined that it is its best interest of the City to allow the School Board use of the Cafe for the Program; and WHEREAS, pursuant to the authority granted in Section 163.01, et seq., Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," the City and the School Board are each willing to cooperate in this matter to provide the School Board independent use of the Premises under the conditions and provisions set out herein; and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Relationship of the Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or a partnership or joint venture between the parties hereto, it being understood and agreed that nothing within this Agreement shall be deemed to create any relationship between the City and the School Board other than the School Board utilizing the Premises as an Independent Operator of a food and beverage concession enterprise for the Program. 2. Premises. The purpose of this Agreement is to define the obligations and responsibilities of the School Board and the City with respect to the School Board independently occupying and operating a food and beverage concession enterprise within and upon the following Premises: The northwest corner of the first floor of the new Main Library, containing 2,147 square feet of interior floor space, which includes 432 square feet constituting the food preparation area ("Back of the House") and a 1,715 square foot cafe seating area, along with an exterior area containing a 3,143 square foot terrace seating area. See Exhibit "A" for a diagram and description of the Premises. The School Board acknowledges and agrees that all areas other than the Back of the House area are open at all times to the public. 3. Term. The term of this agreement begins on the Effective Date, and ends on the 30th day of June, 2012. As referred to in this agreement, an "Agreement Year" commences on the date this Agreement is executed and on the annual anniversary date of such execution each year thereafter. This Agreement may be renewed for successive one (1) year periods under the same terms and conditions so long as the School Board, through its undersigned representative, provides the City written notice indicating an intent to renew, not less than thirty (30) days prior to the end of the term hereof. The School Board understands that the City is under no obligation to renew this Agreement, and, in the event that this Agreement is not renewed, the School Board acknowledges that it waives any and all rights of recovery against the City for any direct or indirect loss arising from the City not exercising its renewal of this Agreement. 4. Termination. This Agreement may be terminated by either party without cause upon providing thirty (30) days written notice to the other party. Additionally, the City retains the right to terminate this Agreement for any municipal need as determined by the City in its sole discretion. This right of termination is to be considered in addition to any rights of termination set out in this Agreement; however, at least twenty (20) days prior written notice must be provided to the School Board by the City. After the applicable period of written notice (i.e., 30 days or 20 days), the School Board will be afforded an additional five (5) days to vacate the Premises, and this Agreement shall terminate at the end of such period. The School Board acknowledges that the provision of equipment and inventory necessary for the operation of the Cafe is the sole responsibility of the School Board. Therefore, if, at any time, the City terminates this Agreement, the City shall not have any responsibility or liability related to reimbursing the School Board for its equipment or inventory. 5. Operations. (a) Menu. The School Board shall have the right to sell pre-packaged or pre-prepared food that requires limited or no on-Premises preparation and beverages at the Cafe, including but not limited to; coffee, cold drinks, bottled drinks, and soft drinks. The School Board shall not sell or serve alcoholic beverages on the Premises, and the School Board shall not sell any similar merchandise or concessions that are currently sold by the Friends of the Library Bookstore. (b) Entertainment. No music, live entertainment, media or speakers of any kind are permitted on the Premises without prior written approval of the City, such approval to be given in the City's sole discretion. (c) Hours of Operation. Hours of operation for the Cafe shall be left at the discretion of the School Board. (d) Exclusivity. The School Board acknowledges and agrees that its operation is not exclusive in terms of food and beverage being sold or possessed within the Premises or Library. The Cafe's operation is intended for the convenience of library patrons, however, patrons so choosing may consume or possess food and beverage from other sources, as otherwise permitted by the Library Code of Conduct (Exhibit "B", attached hereto and made a part hereof). In the event the City chooses to host a special event on the Library property, the City reserves the right to utilize outside caterers or other parties, in its sole discretion, to provide food and beverage of any kind. (e) Profit/Loss. The parties acknowledge and agree that the primary purpose of the operation of the Cafe is for the educational benefit of the students and for the City's interest in the occupancy and operation of the Cafe. The parties further acknowledge and agree that any profit earned by the Cafe shall be reinvested in the operation of the Cafe and the educational program, including without limitation, product upgrades, other inventory, and student incentives such as transportation reimbursement. In addition, if the Cafe operates at a loss, such loss shall be the financial responsibility of the School Board. The School Board may not, without approval of the School Board, exceed total program expenditures of $25,000.00. 6. Use of Premises. The School Board hereby covenants and agrees to make no unlawful, improper, or offensive use of the Premises. The School Board shall not permit any other business or enterprise to be operated in or from the Premises. This paragraph shall be construed to prohibit any assignment, delegating or subletting of this Agreement by operation of law. If this agreement is assigned, or if the Premises or any part thereof are sublet or occupied by anybody other than the School Board, then the School Board shall be in default of this Agreement. 7. Taxes. The School Board further agrees that it will pay, if applicable, any state sales tax, and all other taxes due, which may be levied upon the School Board due to the operation of the Premises consistent with the terms of this Agreement. The School Board acknowledges that under section 29.35 of the Clearwater Code of Ordinances, it may be required to obtain a business tax receipt, unless otherwise exempt by law or statute for independently occupying and operating a food and beverage concession enterprise within and upon the Premises. 8. Utilities. The School Board acknowledges that Premises has not been designed to accommodate separate utilities or the metering thereof, and that the City is not obligated to provide for same. Therefore, the City shall provide electricity, sewer, garbage disposal, air conditioning, heat and water services ("Utilities") as more particularly described herein, for use by School Board in the Cafe area. In addition to the above, the City shall provide, as a part of Utilities described above. three electrical outlets in the food preparation area and three electrical outlets in the Cafe seating area; overhead lighting in the food preparation and seating areas; plumbing "stubbed out" in the food preparation area including 3/ inch water lines (hot and cold), a three (3) inch sanitary waste water line (no floor drain) and a two (2) inch vent; basic sewer service (grease trap not included); and nearby public restroom facilities (for the non-exclusive use of Cafe patrons). The City reserves the right to re-evaluate Utility costs based on increase of incurred utility costs over the first year and amend this Agreement to account for Utility costs. If the parties cannot mutually agree to amend this Agreement to account for Utility costs, then either party reserves the right to terminate this Agreement at the conclusion of the contract term. 9. The School Board is not authorized to make any structural improvements or changes to the Cafe area unless expressly agreed to in writing by City. If build-out of the Premises is necessary, School Board must obtain the City's written consent and all permits necessary for the approval of such a project. 10. The School Board shall use biodegradable materials whenever feasible, which determination shall be within the sole discretion of the School Board. 11. The School Board shall provide all equipment and inventory necessary for the operation of the Cafe. The School Board shall be responsible for the installation of such equipment and guarantee that such equipment complies with applicable code requirements and other applicable law. Additionally, the School Board shall pay for all normal day-to-day repair, maintenance, and replacement costs on its equipment. 12. The School Board shall be responsible for picking up and disposing of all trash, garbage, and other debris, within the Cafe area. The School Board is authorized to place trash cans in the immediate area of the Premises, said trash cans to be maintained by the School Board. 13. Liability. The parties agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages proximately caused thereby; provided, however, that the parties' liability is subject to the monetary 4 limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the parties, nor shall anything herein be construed as consent by the parties to be sued by any third party for any cause or matter arising out of or related to this Agreement. 14. Insurance. The School Board shall maintain commercial insurance or self- insurance during the term of this Agreement, with the insurance coverages set out below: (a) Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Offices and must include: i. Minimum limits of One Million dollars ($1,000,000.00) per occurrence combined single limits for Bodily Injury Liability, Personal Injury, and Property Damage Liability. ii. Premises and/or operations. iii. Independent contractors. iv. Products and/or completed operations. v. Personal injury coverage with employee and contractual exclusions removed, including coverage for liability resulting from the dispensing of alcoholic beverages, if School Board at any time during the term of this agreement obtains a license to serve any type of alcoholic beverages. (b) Auto Policy -- School Board shall maintain automobile liability insurance coverages in the same amounts described in (a) above. (c) Workers' Compensation - Coverage to apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy must include Employers' Liability with a limit of Five-Hundred Thousand dollars ($500,000). (d) In addition, School Board shall provide to City the following: i. Additional Insured. City shall be named as additional insured on all liability coverage. ii. Notice of Cancellation or Restriction. All policies must be endorsed to provide the City with not less than thirty (30) days notice of cancellation or restrictive modifications of any insurance policy providing the coverage required by this agreement. 5 iii. Certificates of Insurance/Certified Copies of Policies. The School Board shall provide the City with a certificate or certificates of insurance showing the existence of the coverages required by this Agreement. The School Board shall maintain the coverage throughout the term of this Agreement or any modification thereof. When specifically requested by the City in writing, the School Board shall provide City with certified copies of all policies of insurance as required herein. New certificates and new certified copies of policies, if certified copies have been requested, shall be provided to City whenever any policy is renewed, revised, or obtained from other insurers. iv. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater, Attention: Eleanor Scharf, Assistant Library Director, P.O. Box 4748, Clearwater, Florida 33758-4748. 15. Destruction of Premises. If at any time during the term of this agreement, the Premises or any part, system, or component thereof, (hereinafter, the "Demised Premises") shall be damaged or destroyed as a result of the intentional act or negligence of School Board or its employee or agent, said Demised Premises and any additions or improvements thereto, shall be promptly repaired or rebuilt or restored by the School Board to the condition as good as the same was immediately prior to such damage or destruction at the School Board's risk and expense, and in accordance with plans and specifications mutually agreed upon at the time; or if none can be agreed upon, then in accordance with the original plans and specifications for the Premises and any subsequent plans and specifications for any additions or improvements constructed prior to the damage. The work of restoration or rebuilding shall be in full compliance with all laws and regulations and government ordinances applicable thereto. The School Board is liable to the City to the extent of the cost of the repair and restoration of the Premises, whether that is covered by the School Board's insurance or self- insurance. If the Demised Premises is, as a result of the intentional act or negligence of School Board or its employee or agent, totally destroyed or damaged to the extent as to render the Premises uninhabitable or useless for the purpose intended, during the term of this agreement, then and in that event, the School Board may terminate this agreement as of the date of such damage with (30) days written notice to the City. In the event of such termination, the School Board is still liable to the City to the extent of the cost of the repair and restoration of the Premises, whether that is covered by the School Board's insurance or self-insurance. In the event of such destruction, the School Board acknowledges that it waives any and all rights of recovery against the City for any direct or indirect loss occurring to the Demised Premises. If the Demised Premises or any structures associated with the Demised Premises are damaged or destroyed by fire, hurricane, flood, or other casualty, the School Board must immediately give the City written notice of the damage or destruction, including a description of the damage, and as far known to the School Board, the cause of the damage. If the casualty is not the result of the intentional act or negligence of School Board or its employee or agent, and the Demised Premises are so damaged that rebuilding or repairs cannot be completed within ninety (90) working days, this Agreement will terminate as of the date of written notification was sent to the city. The parties acknowledge that under no circumstance, whether as of a result intentional act, negligence, casualty, or otherwise, shall the City be liable or responsible for damage or destruction of the School Board's personal property. 16. Default. City, at its option, may exercise any one of the remedies provided in subsection (g) of this paragraph, except as otherwise provided herein, upon the happening of any one or more of the following events (Events of Default): (a) School Board's continued default with respect to any other covenant of this agreement for a period of thirty (30) days after receipt of written notice of such default by School Board from City, provided that if such default reasonably required more than thirty (30) days to cure, or if the School Board has commenced correcting action within the thirty (30) day period and is diligently correcting such default, it will not be considered an Event of Default so long as the City has been made aware that the School Board required more time or was already correcting the default. (b) There shall be filed by or against the School Board in any event pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of the School Board's property, or if the School Board makes an assignment by operations of law, or if the School Board makes application to School Board's creditors to settle or compound or extend the time for payment of School Board's obligations, or if execution, seizure, or attachment of equipment, inventory, or School Board property for a period of 120 days. Failure to remove the levy, seizure or attachment of equipment, inventory, or School Board property within the 120 day period shall be deemed a default under this Agreement. (c) The School Board's vacating or abandoning the Premises. (d) If School Board is in default of any other agreement with the City, then such default shall be deemed a default of this Agreement and the City may pursue all available remedies provided for herein. (e) School Board's assigning, delegating or subletting of the Premises or any portion thereof of this Agreement. (f) The School Board terminates the Program. (g) City, at its option, may exercise any one or more of the following remedies: i. Terminate School Board's right to possession under this Agreement and reenter and take possession of the Premises. School Board shall remain liable for costs and damages incurred by the City due to School Board's breach of any of the covenants of this agreement. Said damages shall include, but not be limited to, charges for removal and storage of School Board's property and remodeling and repairs. This shall terminate the Agreement. ii. Exercise any and all rights and privileges that City may have under the laws of the State of Florida and/or the United States of America. 17. Modifications/Improvements. School Board shall secure prior written approval from City for modifications or remodeling of existing facilities or for the construction of any new facilities, such approval not to be unreasonably withheld or delayed. It is agreed that the existing improvements, together with any improvements constructed by School Board during the term of this agreement on the demised premises, shall become the property of the City upon the expiration of termination of this agreement; provided, however, that said reference to improvements herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property utilized by the School Board. The School Board understands that the City shall not be liable to reimburse the School Board the cost for any City-approved modifications or improvements to the Premises. 18. Maintenance of Premises and Improvements. As provided for in the previous section, School Board shall not make any improvements to the Premises without the prior written consent of the City. School Board shall, at its expense, at all times during the terms of this Agreement keep the Premises and any improvements permitted hereunder, and facilities thereon in good order, condition, and repair. It is specifically understood by the School Board that the City has the right to inspect the Premises and improvements at any time to ensure that the Premises and improvements are indeed in good order, condition, and repair. Upon the termination or expiration of this agreement, School Board shall have the privilege at his own expense of removing its equipment, signs, insignia, and other indicia of its occupancy or use; however, School Board shall repair any and all damages to the Premises caused by the removal by School Board of such property, and restore the Premises to a condition at least equal to or better than the condition of the Premises upon delivery to the School Board at the inception of this Agreement. 19. BLANK. 20. Health/Sanitary Compliance. If applicable, the School Board hereby covenants and agrees to promptly and continuously comply with all regulations and orders of the Health Department and health officers of the local, state, and national governments; and School Board hereby covenants and agrees to keep, operate, and maintain the Cafe in such a manner as to preclude any warnings, violations or notices to show cause being issued by any regulatory agency authorized to inspect the Premises under section 509, Florida Statutes, as it presently exists or as it may be amended. In addition, School Board agrees to forward to City a copy of each inspection report issued in accordance with section 509, Florida Statutes, as it presently exists or as it may be amended within fifteen (15) days of receiving any such reports. 21. Quiet Enjoyment. The City agrees that so long as the School Board complies with all the terms of this Agreement, School Board shall peaceably and quietly hold and enjoy the Premises for the term of the agreement without hindrance or interruption by the City. 22. Notices hereunder shall be given only by registered letter and shall, unless otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage prepaid, addressed to the party for whom intended at such party's address first herein specified or to such other address as may be substituted therefore by proper notice hereunder. Notice to be provided to City and School Board as stated below: As to City: Library Director City of Clearwater 100 North Osceola Avenue Clearwater, Florida 33755 With copy to: City Attorney's Office City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 As to School Board: The School Board of Pinellas County Attn: Cindy Bania-Carter, Exceptional Student Education 301 Fourth Street S.W. P.O. Box 2942 Largo, FL 33779-2942 23. Signage. The Cafe may at its option post, erect or hang signage inside and/or outside of the atrium area of the Facility so that it may be seen by patrons inside the Facility as well as traffic driving by the Facility, and the Cafe may, at its option, post, erect, or hang signage in the hallway leading to the Cafe as well as in each of the elevators subject to City approval. The design of any signage shall be presented to the City prior to its installation, and the City agrees to review such signage. Approval of signage is subject to City policy and applicable law, including, but not limited to, the City of Clearwater Code of Ordinances and Community Development Code. The School Board shall also provide memo-type board or boards inside the Cafe area so that they will be plainly visible to the public and list the food and drink items for sale with their corresponding prices. School Board shall also place a sign inside the Cafe area so it will be plainly visible to the public, which states that School Board operates the Cafe independently from City. 24. Applicable Law and Venue. School Board, at School Board's own expense, must comply promptly with all statutes, rules, regulations, ordinances, orders, and requirements of all local, state and federal governments and their respective agencies applicable to the use and occupancy of the Cafe by School Board. This includes any applicable building, health, and safety standards regarding the Cafe. In addition, School Board agrees to notify immediately the City's Police Department or other appropriate authorities, at any time the School Board becomes aware of any criminal activity in the Cafe area. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall lie exclusively in Pinellas County, Florida. 25. Advertising. School Board shall not advertise any business not operated at, on, or from the Premises without the prior written consent of the City. 26. Public Area. School Board agrees that the Premises shall be utilized as a public activity area. The City may restrict any activity, including but not limited to entertainment, promotions, items for sale or fees by School Board on the premises that are not acceptable as determined by the City in its sole discretion. Failure of the School Board to make any changes required by the City will result in default and City shall be entitled to all the remedies provided for in this Agreement. 28. BLANK. 29. Miscellaneous. a. Waiver. One or more waivers of any covenant or condition by the City shall not be construed as a waiver of a subsequent breach of the same covenant or condition and the consent or approval by the City to or of any act by the School Board requiring City's consent or approval shall not be construed as consent or approval to or of any subsequent similar act by the School Board. b. Observance of Laws. School Board agrees to observe, comply with and execute promptly at its expense during the term hereof, all applicable laws, rules, requirements, orders, directives, codes, 10 ordinances, and regulations of any and all governmental authorities or agencies, of all municipal departments, bureaus, boards and officials, of all County, State, Federal boards or agencies, and all insurance carriers, due to the use or occupancy of the Demised Premises. All additions, alterations, installations, partitions, or changes shall be in full compliance with the aforementioned authorities. c. Access to Premises. City shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting or conducting tests upon the same, or for making repairs to the demised Premises or to any property owned or controlled by the City therein. Such repairs shall not unduly interfere with School Board's business, except as is naturally necessitated by the nature of the repairs being affected. d. Construction of Agreement. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, as appropriate. Any changes in the applicable laws that govern this Agreement will necessitate a change in terms and conditions, which may be, affected thereby, at the time such changes may arise. "Days," for purpose of this Agreement, means calendar days. e. Surrender at End of Term: Upon expiration of the term hereof or sooner termination of the Agreement, School Board agrees to surrender and yield possession of the demised Premises to the City, peacefully and without notice, and in good order and condition, broom clean condition, but subject to ordinary wear and reasonable use thereof. Successors and Assigns: The covenants, provisions and agreements herein contained shall in every case be binding upon and inure to the benefit of the parties hereto respectively and their respective heirs executors, administrators, successors and assigns, as applicable. g. Hazardous Substances: School Board shall not cause the introduction of any Hazardous Substances on or in the Premises. School Board shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. School Board shall promptly give City written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any Hazardous Substance or Environmental Law of which School Board has actual knowledge. If School Board learns or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance 11 affecting the Premises is necessary, School Board shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 29,"Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 29, "Environmental Law" means Federal laws and laws of the jurisdiction where the Premises is located that relate to health, safety or environmental protection. h. Unforeseen Question: The City and the School Board agree that in the event of unforeseen questions arising of the relationship of the parties in connection with the School Board's use of the Premises, the question will be settled in writing between the respective administrative head of each entity or their respective designee for resolution of such questions concerning this Agreement. In the event that the unforeseen question is not resolved, either party may elect to have the dispute heard before a court of local jurisdiction according to paragraph 24 of this Agreement. i. Headings: The headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope of the intent of this Agreement or any part hereof, or in any way affect the same, or construe any provision thereof. [Remainder of page intentionally left blank] 12 j. Entire Agreement: The Agreement as hereinabove set forth, including all exhibits and riders, if any, incorporates all covenants, promises, agreements, conditions and understandings between the parties, and no covenant, promises, agreement, condition or understanding, either written or oral, not specifically set forth herein shall be effective to alter the performance or the rights of the parties as hereinbefore stated. IN WITNESS WHEREOF, said City of Clearwater, Florida, acting by and through its governing body, the City Council of Clearwater, Florida, its corporate seal affixed, attested by the Clerk of said City acting as City Clerk of Clearwater, Florida; and said School Board of Pinellas County Florida acting by and through the Pinellas County School Board, has caused this Agreement to be executed in its name and on behalf by its Chairperson, and its seal attached, and this agreement is executed as of the date first above written. Signed: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard, Mayor illiam B. Horne II, City Manager red fs to r Camilo A. Soto, Assistant City Attorney Attest: is E. Goudeau, City Clerk S y Witness: Name Approved as to form: Offi6e of eral Counsel SCHOOL BOARD OF PINELLAS COUNTY By ?? . r. lie M. Jansse Superintendent of Schools 13 Exhibit A Cafe (Premises) Overview The cafe has a prominent location in the northwest corner of If e first floor of the new Main Library. Adjacent to the atrium formed by the 4-and Stair, the 1,715 square foot cafe seating area will accommodate 30 tc. 40 individuals seated at tables and/or benches. The west wall is a floor-to- ceiling curtain wall of glass that extends to the third floor, wits: balconies overlooking the interior caO seating area from the second flow. Four sets of double doors open from the cafe seating area onto a 3,143 square foot west terrace secured by a 4-foot wall, topped by a railing. The terrace is surrounded by attractive landscaping and shaded by majestic roof awning. Here, cafe customers and all library visitors can enjey the indescribable view of Coachman Park, Clearwater Harbor and the beaches beyond. A 432 square foot food preparation area is located on the south end of the cafe area, separated from seating by a doorway and the anticip,.ted cafe service bar. The east side of the cafe opens onto the Library's main concoin -se and is adjacent to the bookstore/gift shop that will be operated by the Friends of the Clearwater Library. Across the main concourse from the cafe, acre meeting facilities that will accommodate 290 participants. These facilities include a conference room and a large multipurpose meeting room capable of being divided into two distinct meeting areas. These meeting spaces, along with the rooftop terrace and the fourth floor Special Collections area, will be heavily used by both library and community groups. Thus, a strong potential exists for meeting and special events catering opporw tities. The cafe is approximately 120 feet from the Popular Materials :.ibrary, the Reader's Advisory Desk and the Circulation Desk, all located r ear the Library's entrance at the SE corner of the first floor. Total cafe sq. footage: 2,147 interior SF includes food preparab on area and cafe seating area; an additional 3,143 SF of exterior sating space exists on the west terrace. E0/£0 39id S-W LL60Z99LZL 16:ZZ 010Z/81/60 EXHIBI A Blueprint/first floor Main Library including cafe a t'sa E0/Z0 39Vd S-W LL6bZ95LZL TE:ZT OTOZ/8T/E0 ?CI?Lav CITY OF CLEARWATER ,,i, LIBRARY SYSTEM CODE OF CONDUCT The Clearwater Public Library System strives to provide the highest level of service to all library users. The following rules are set in place to protect the right of library patrons to enjoy a safe environment, conducive to the use and enjoyment of library materials and services. The United States Court of Appeals decision (Kreimer vs. Bureau of Police for the Town of Morristown, 1992) found that a library is a "limited public forum" created for the specific purpose of providing public access to materials. Further, the library may draft rules of behavior to assure that the library is used for the general purposes for which it is intended. RULES: 1. The Clearwater Public Library System shall uphold all state laws and local ordinances in regard to public behavior. Suspected illegal activity will be reported to the police immediately. 2. Patrons shall be engaged in activities associated with the use of a public library while in the building. 3. The following list of activities not associated with the use of a public library are specifically prohibited: • Using or bringing in alcohol or illegal substances, smoking or using tobacco products • Sleeping • Eating except in designated areas or drinking except when using covered containers • Bringing animals inside the library (except service animals) • Bringing personal articles into the library that do not fit comfortably under a desk chair. Items needed for library research and necessary human conveyances such as wheelchairs and strollers are not prohibited. • Leaving bicycles in any area except designated rack • Skating and related activities, including scooters, inline skating, roller skating, etc. • Abusing or vandalizing library facilities or equipment • Disarranging library furnishings or materials • Damaging/mutilating/cutting pages from library materials or equipment • Using restrooms for washing clothes or bathing • Entering nonpublic areas such as staff work rooms, offices and storage areas • Petitioning, panhandling, or distributing materials within the library. • Obstructing or impeding the entrance of the Library • Using or attempting to use the library card of another person without written permission of the card holder. • Intoxication 4. All personal items must remain with the owner. 5. Patrons shall respect the rights of other patrons and staff and shall not engage in behavior so as to unreasonably disrupt another patron's or employee's use of the library by: • Noisy or boisterous activities • Playing audio equipment so that others can hear it • Singing or talking loudly to others or in monologues • Soliciting funds or offering any goods or services for sale (unless authorized by the Library Director) • Maintaining bodily hygiene that is so offensive as to constitute a nuisance to other persons in the library • Verbally or physically harassing other patrons, volunteers or staff, including stalking, staring or lurking. • Verbal intimidation of staff, volunteers or other patrons. 6. Patrons shall not interfere with another person's use of the library or with the library personnel's performance of their duties. Disruptive behavior that compromises the use of the library will not be tolerated. 7. Patrons shall wear appropriate attire, including shirt and shoes. 8. Children under the age of seven must be accompanied and visually monitored by a parent/guardian or responsible caregiver. a. Responsibility for all children using the library rests with the parent / guardian or assigned chaperon and not with the library personnel. b. The Youth Services area is intended for use by children and their parents or caregivers. Adults not requiring immediate access to children's materials shall be required to relocate to other areas of the library. c. Children must not be allowed to abuse computers or other equipment. 9. Patrons shall promptly leave the building at closing time or in an emergency. 10. Any person violating any of these rules. shall be required to leave the premises for the remainder of the business day. A repeat violator who commits multiple violations during the same calendar year may be trespassed for 30 days, 6 months, or 1 year pursuant to the procedures contained in the NOTICE OF SUSPENSION AND NOTICE OF TRESPASS attached to this Code of Conduct. A patron who refuses to leave under these circumstances or who returns to the library during the period that the patron has been trespassed from the library is trespassing; and staff will seek assistance from the police, if necessary.