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Recreation Center Use ;LV Kansas State University College of Technology and Aviation Recreation Cenier 3142 Scanlon Avenue This agreement, made and entered into this 1 st day of September, 2004, by and between Salina, KS 67401' K~as State University College of Technology and Aviation, a state educational institution, 785-823-6594 (the "University"), and the City of Salina, a municipality organized and existing under the laws of the State Of Kansas, (the "City"). AGREEMENT WITNESSETH: wHEREAS, there is a gymnasium located at the University's Salina campus in the Recreation Center; and WHEREAS, the City desires to use the gymnasium in the KSU-Salina Recreation Center for recreational purposes which are offered by the City's Parks and Recreation Department; NOW THEREFORE in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereby agree as follows: 1. The University agrees that the City may use the KSU-Salina gymnasium from September 2, 2004 through May 6, 2005 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 KSU-Salina gymnasium will be available to the City's Parks and Recreation Department up to 25 hours per week. A monthly schedule of days and times reserved for the City's use will be turned in to the KSU-Salina Rec. Coordinator at least one month in advance and will be confirmed within 5 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 per hour of use for the gymnasium, and to have a staff person available to provide oversight of any activity of the recreational activities offered by the City as the City and the University deem appropriate. 4. The University agrees to provide maintenance and housekeeping of the facility. 5. The City agrees to pay for any damages arising from its use of the facility during the times covered by this agreement. 6. The University agrees to provide basketball and volleyball equipment. The City agrees to pay for any equipment loss or damage arising from the City's use. 7. The City agrees to indemnify and hoJd the University, the State of Kansas, their representatives, agents, and employees ham1less for any and all claims, loss, costs damages or expenses to the property, or for injury to or death of persons (including claims of negligence, or for legal expenses and attorney fees) arising directly or indirectly from the City's use of the University's property. except howev:er that the city does not agree to indemnify or hold the University harmless for any such claims, losses, costs, damages or expenses arising from. the University's maintenance of the property. 8. The City agrees to pay the University by the 20th of every month. The University will bill the City monthly by the 5th of every month. . 9. This agreement may not be assigned without the written consent of the University, and shall be binding upon and inure to the benefit of the parties .hereto, their representatives, successors and assigns. over 1-- 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. FORICANSA~~. - ' ~~ h. . 'f(f{/or Dr. DENNIS K.KUHLMAN, Dean Date -u;,/M lit fk( )"LVI- . ~ ~ )~ 'Dr. THOMAS RAWSON, D~t<<tl J.L VP for Admin. & Finance . '1 f ~/~, . - . ~RTIlEC:~ 9~1 ~ '-.J va r Name Date "l)<:;A.l\.f S" 1'- , · kf-s ::/~<"7 "" C ~ "'^';'fl' Tit!: ; bf i/Wd1 Dennis M.Kissinger City Manager Date