Maintenance & Operating Agreement
COMMUNITY THEATRE MAINTENANCE
AND OPERATING AGREEMENT
This Agreement made this 17th day of December, 2007 by and between the City
of Salina, Kansas, a Kansas municipal corporation, hereinafter referred to as the CITY
and the Salina Community Theatre Association, a Kansas nonprofit corporation,
hereinafter referred to as the SCT A.
WHEREAS, the SCTA is a private, nonprofit corporation organized under the
laws of the State of Kansas for the propose of establishing a community theatre and
promoting a better understanding of theatre; and
WHEREAS, the SCTA operates the Salina Community Theatre in a theatre
facility (the "Theatre") located at 303 East Iron Avenue that serves as a major community
resource for theatre and is open to all members of the public; and
WHEREAS, the SCT A through its staff otTers to the community a comprehensive
educational and performance program; and
WHEREAS, the SCT A is the only provider of theatre educational and
performance opportunities for young people in grades K-8 and for the home schooled in
this region; and
WHEREAS, the SCT A has been a foundation in the cultural, educational, and
volunteer landscapes in Salina for over 45 years; and
WHEREAS, the CITY has transferred ownership and SCT A has acquired
ownership of the Theatre, the real estate upon which the Theatre is located and the
immediately surrounding real estate (collectively, the "Theatre Real Estate") legally
described on the attached and incorporated Exhibit A.
WHEREAS, the current working relationship between the City and SCT A
relating to operation of the Theater is addressed in an Agreement between the City and
SCTA dated January 12, 1970; which Agreement should be updated to address the
maintenance and operation of the Theatre.
The CITY and the SCT A agree as follows:
Section 1. SCT A Duties.
The SCT A shall be responsible for the following items:
A. The title to the Theatre Real Estate and all related responsibilities not
delegated to the CITY under this agreement shall remain in the name of
Salina Community Theatre Association, and its successor organization, if
any, throughout the term of this Agreement.
B. The SCTA shall annually pay the City $3000.00 for use by the City in
fulfilling the maintenance responsibilities set forth in Section 2.C below.
Any future capital improvements to the Theatre by the SCTA (e.g. the
orchestra pit lift) will also be covered under this provision.
C. The SCT A shall maintain insurance coverage on all' personal property
located in the facility; shall maintain general liability coverage for the
operation of the Theatre in an amount deemed sufficient by both the
SCT A and the CITY; and, during periods of construction of any additions
or improvements to the Theatre, shall maintain an appropriate amount of
builders risk coverage.
Section 2. CITY Duties.
The CITY shall provide the following services:
A. The CITY shall continue to pay for water, sanitary sewer, electrical, and
natural gas services for the THEATRE following the transfer of title to the
Theatre Real Estate from the CITY to SCT A.
B. The CITY shall provide routine janitorial services including routine
sweeping and cleaning of the building proper and restrooms, replacing
light bulbs and lighting repair not associated with theatre productions, and
removing trash. Routine janitorial service shall not include:
1. Cleaning of backstage areas or scene shop;
2. Cleaning after classes, demonstrations or rehearsals; or
3. Furnishing paper or cleaning products for classes, demonstrations
either in the class or for clean up.
C. The CITY shall maintain the Theatre, including the necessary
maintenance, repair, or replacement of plumbing and plumbing fixtures,
heating and air conditioning systems, electrical systems not associated
with theatre productions, the marquee, and the roof. The maintenance
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responsibility of the CITY shall not include any proposed productions,
storage or protection of personal property owned and under control of the
SCT A, or educational or other SCT A programs.
D. The CITY will maintain the landscaping around the THEATRE.
E. The CITY will provide snow removal from the sidewalks and parking
areas at the THEATRE.
F. The CITY will provide commercial property insurance rated at
replacement value on thc existing Theatre and any future building
additions or improvements as owned by the SCT A.
Section 3. Effective Date.
This Agreement shall become effective January 1,2007 (the "Effective Date").
Section 4. Term and termination.
This Agreement shall remain in effect until December 3 I, 2057. If within this
period, the SCT A sells or otherwise disposes of the property described herein, this
Agreement shall be terminated.
Section 5. Reqnired reports.
The SCT A shall submit annually to the City Manager or others designated by the
City Manager the following items:
A. Before September 151 of each year (the beginning of the SCT A's fiscal
year), the annual proposed budget and program of services for the SCT A
for the next fiscal year; and
B. The SCT A's annual report and audit within 30 days of completion by the
independent auditors.
In addition, if and when the SCT A has any plans that significantly relate to
changes or additions in the physical building, the City Manager shall be informed
of such changes as they relate to this agreement before such building changes or
additions are implemented.
Section 6. Termination of prior agreement.
It is the intent of the parties that on the Eflective Date this Agreement shall serve
as a substitute and replace the prior agreement dated January 12, 1970, which
shall be deemed terminated as of the Effective Date of this Agreement.
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Section 7. Binding effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto, their successors and assigns.
SALINA COMMUNITY
THEATRE ASSOCIATION
By:
CITY OF SALINA, KANSAS
By:
m~E~
Alan E. lilla, Ma r
ATTEST:
By:
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