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Gym Facility Usage ^ i,J' Kansas State University AGREEMENT KANSAS STATE UNIVERSITY, COLLEGE OF TECHNOLOGY_AND AVIATION AND THE CITY OF SALINA PARKS & RECREATION DEPARTMENT This Agreement, made and entered into this -'1!!!:day orS~007 by and between Kansas State University, 105 Anderson Hall, Manhattan, KS 66506 (hereinafier referred to as "KSU") and the 9ity of Salina, a municipality organized and existing under the laws of the State (the "City'~, 300 W. Ash Street, Room 100, Salina, Ks 67401. Facilities referred to in this Agreement are located at Kansas State University-Salina, College of Technology and Aviation, 2310 Centennial Rd, Salina, KS 67401 (hereinafter referred to as "KSU-Salina'~. College of Technology and Aviation Recreation Center 3142 Scanlan Avenue Salina, KS 67401 785-823-6594 WITNESSETH: WHEREAS, KSU-Salina has a gym facility with excess capacity; and WHEREAS, the City desires to use the gymnasium at KSU-Salina Recreation for recreational purposes which are offered by the Parks & Recreation Department. . NOW THEREFORE in consideration of the' mutual covenants contained he~ein and other good and valuable consideration, the parties hereby agree as follows: I. The KSU agrees that the City may use the KSU-Salina Rec Center gymnasium from September 6, 2007 through May 3, 2008 for recreational purposes only. Said use is nonexclusive and any use by the University shall take precedence, with all reasonable efforts to be made to coordinate with the City for use of the gymnasium. 2. Except in situations in which there is a conflict with University use, the K-State at Salina gymnasium will be available to the City's Parks and Recreation Department up to 25 (twenty-five) hours per week. A monthly schedule of days and times reserved for the City's use will be turned in to the K-State at Salina Recreation Coordinator at least one month (30 days) in advance and will be confirmed within five (5) business days. The facility will be open only to KSU students, faculty and staff at other times. The facility will be closed during Thanksgiving Break and Semester Break, but will remain open during Spring Break. 3. The City agrees to pay a rental rate of $47.50 (forty seven dollars andfifty cents) per hour to the KSU-Salina for use of the gymnasium, and to have a City staff person available to provide oversight of any activity of the recreational activities offered by the City as the City and the KSU-Salina deem appropriate. 4. The KSU agrees to provide maintenance and housekeeping ofthe facility. 5. The City agrees to pay for any damages (not including usual wear and tear or damages caused by proper use) caused by any city employee or participant in a program of the City during use of the facility as covered by this agreement. The KSU-Salina agrees to provide the City with an estimate of all reimbursable costs and expenses as soon as they are known to the KSU. 6. The City agrees to indemnifY and hold the KSU, the State of Kansas, their representatives, agents and employees harmless for any and all claims, loss, costs, damages or expenses to the property, of for injury to or death of persons (including claims of negligence and legal expenses and attorney fees) arising directly or indirectly from the City's use ofthe KSU's property, except however that the City does not agree to indemnifY or hold the KSU harmless for any such claims, losses, costs, damages or expenses resulting from the KSU's ,j , maintenance of the property. KSU agrees to indemnifY and hold the City, its officials, agents, servants, officers, directors and employees harmless for any and all claims, loss, costs, damages or expenses to the property, or for personal injury or death (including claims for negligence and legal expenses and attorney fees) arising directly or indirectly from KSU's maintenance of the property. 7. The Cily agrees to pay the KSU-Salina by the 20th (twentieth) of every month. The KSU-Salina will bill the City monthly by the 5th (fifth) of every month. 8. The City agrees to add the KSU-Salina to their insurance coverage for liability up to and including five hundred thousand dollars ($500,000.00). The City will provide a copy of the insurance coverage to the KSU- Salina prior to practicing or playing in the KSU-Salina Rec Center. 9. This Agreement may not be assigned. This Agreemet:lt shall be binding upon and inure to the benefit of the parties hereto, their representatives and successors. 10. This Agreement may be terminated by either party within 30 (thirty) days of written notice. IN WITNESS WHEREOF, the parties have hereto caused this agreement to be executed as of the day and year first above written by their officers thereunto duly authorized. . FOR KANSAS STATE UNIVERSITY 7/~uo /J1, K~o<.- ~~.~ ignature) FOR TIIE CITY OF SALINA q /Z6f<<m (Date) a . /O~/-rJ7 (Date) (Signature) By: Thomas M. Rawson Title: Vp for Administration & Finance By: Jason A. GaQE' (Please print name) FOR KANSAS STATE UNIVERSITY-SALINA ~~ cr /"2.-6 It> 7 (Date) Title: Ci ty Manaqer fll~ D.4. De.\~€r (Signa, re) By: Dennis K. Kuhlman TitIe:Dean t !- t\-'