Community Theatre Building Construction
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This Agreement mada and entered into this .3J_ day of January,
1972, by and batwecn:
'l'he Salina Community Theatre Association ("Theatre");
The City of Salina, Kansas ("City");
J. J. Vanier, Salina, Kansas ("Vanier")'and
V. F. Lundberg and Dorothy Lundberg, husband and wife, of
Salina, Kansas ("Lundbergs").
WHEREAS, the Th~atre and the City entered into an agreement
dated January 12, 1970, providing for the construction of a new
Salina Community Theatre Building on land to be furnished by the City,
\'lhich agreement remains in full force and e,rrect;
~nmREAS, the Theatre, the City, and Vanier entered into an
agreement dated August 30, 1971, providing for the acquisition of
land on which to construct the new Theatre Buildin~, which agreement
remains in full force and effect and
WfmREAS, the real estate descrihed in paragraph one of the
August 30, 1971, agreement is owned partly by Lundbergs and partly
by Vanier; and the agreement of January l~, 1970, contemplates that
the site selected for the new Theatre Building will be owned by the
City; and
WHEREAS, Vanier has heretofore contributed to the Theatre, the
sum of $110,000.00, pursuant to paragraph one of the August 30, 1971,
agreement to enable the Theatre to acquire certain real estate as
required for the new Theatre BUilding;
NOW THEREFORE, the parties hereto agree as follows:
1. Lundbergs shall forthwith execute, acknowledge and deliver
unto the City a general warranty deed conveying the following
described real estate to the City:
Lots One Hundred Three (103), One Hundred Five (105) and
One Hundred Seven (107) on Fourth Street and Lots One Hundred
Four (1011), One Hundred Six (106) and One Hundred Eight (108)
on Third Street, all in the Original Town (now City) of Salina,
Saline County, Kansas.
2. Concurrently with execution, acknowledgement and delivery
of the deed described 'in paragraph one the Theatre shall pay to
Lundbergs the sum of $40,000.00.
3. The City shall forth\'lith execute, acknowledge and deliver
to Vanier a general warranty deed conveying to Vanier the following
described real estate:
Lots One Hundred Three (103), One Hundred Five (105) and One
Hundred Seven (107) on Fourth 'Street, LESS AND EXCEPT all of
that portion of Lots One Hundred Three (103), One Hundred Five
(105) and One Hundred Seven (107) on Fourth Street, lying south
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and east of the Cho.nnel of tile Smoky Hill River at IU~h t-!ater
Mark; all in the Original Town (now City) of Salina, Kansas,
in Saline County, Kansas.
4. Concurrently with execution, acknowledGement, and delivery
of the deed referred to in paragraph three above, Vanier shall
execute, acknowledge and deliver to the City a warranty deed conveying
to the City the following described real estate:
Lot One Hundred Two (102) on Third Street; and all that portion
of Lots Ninety-Four (94), Ninety-Six (96), Ninety-Eight (98) and
One Hundred (100) on Third Street and Lots Ninety-Seven (97),
Ninety-Nine (99) and One Hundred One (101) on Fourth Street,
lying south and east of the Channel of the Smoky Hill River at
High Water Mark; all in the Original Town of Salina, 'Saline
County, Kansas.
In the Alternative, Vanler.:may at his option convey said real estate
by warranty deed to the Theatre" in \"hich event the Theatre \.,ill
forthwith execute, acknowledge and deliver to the City a warranty
deed conveying the same real estate to the City.
5. If the Theatre does not construct a new Theatre Building
in accordance with the January 12, 1970, agreement the City will
execute, acknowledge and deliver to Vanier a warranty deed conveying
to Vanier the following described real estate:
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Lots One Hundred Two (102), One Hundr.ed Four (1011), One Hundred
Six (106) and One Hundred Eight (108) on Third Street; and all
that portion of Lots Ninety-Four (94), Ninety-Six (96), Ninety-
Eight (98) and One Hundred (lOO),on Third Street and Lots
Ninety-Seven (97), NinetY-Nine (99), One Hundred One (101),
One Hundred Three "(103), One Hundred Five (105) and One Hunclre<.1
Seven (107) on Fourth Street, lying South and East of the
Channel of the Smoky Hill River at High Water Mark; all In the
Original To\m of Salina, Saline County, Kansas.
6. Lundbergs will not pay any of the costs incurred in connection
with execution of deeds, transfer of. title or abstracting. Lundbergs
will retain all rents collected from their present tenants and will not
be obligated to pay the City any rent for the period that Lundbergs
,retain possession of their property as provided herein. Lundbergs will
. maintain public liability and property damage insurance in force during
the time they remain in possession of any portion of their property
after the same is conveyed to the City. Lundbergs'tenants shall have
the right to remove plumbing, heating and cooling equipment owned by
such tenants. Lundbergs shall have the rie;ht to remove the TV tower
located on their property. ~~en the buil~ings are salvaged and torn
down, Lundbergs shall have the right to select for their own use such
quantity of the brick from the building fronts of the north shed and
the garage building, as they may desire.
7. Lundbergs shall vacate their property and transfer possession
thereof to the City on the following schedule:
a. The house and the north sheds, February 15, 1972
b. The storage sheds directly north of the house, l1arch 1, 1972
c. The filling station bUilding, warehouse and beauty shop,
r.1arch 15, 1972
d. The ge.rage building at the ~'est end of" Lundberg property, at
the convenience of the contractor whO will build the new
Theatre Bulldinz.
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8. The Community Theatre Building site will be cleared by the
City of Salina in accordance with resolution heretofore adopted by
the City.
IN WITNESS \~IEREOF the parties have executed this Agreement the
day and year first abov.e written.
THE
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SAb~NA COMMUNIT~'~HEATRE ASSOCIATION
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Dennis E., Poer, President
BY
Attest:
'-'(JIIl", \1 (~J t,j+,,' \ .
Secretary- i
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THE ..Q.l.TY OF SALINA, KANSAS
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By. ,..,,,<, -;'~" .' J (,./ /", (~ ,'. '
Robert Caldwell, Mayor
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Attest:
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City Clerk
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J. J. Vanier
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V. F. Lundberg I
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Dorat. LUM'er- .
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AGREEHENT
This Agreement, made and entered into this 31.1 tf). day of
August-, 1971, by and bet~leen the CITY OF SALINA, KANSAS, herein-
after referred to as the "City"; J. J. VANIER of Salina, Kansas,
hereinafter referred to as "Vanier"; and SALIUA Cor.;r:rUNITY THEATRE
ASSOCIATION, hereinafter referred to as the "Theatre", i'IIT:1ESSETH:
HHEREAS, the City and the Theatre have heretofore entered
into an agreement, a copy of which a~reement is attached hereto
and marl(ed Exhibit" A" and made a part hereof by reference, re-
garding the construction of a theatre building; and
;lliEREAS, by the terms of the above mentioned agreement the
City is to furnish a site on which the Theatre shall construct a
building with an auditorium capable of seating approximately 300
persons; and
~lliEREAS, the City' and the Theatre have agreed that certain
property located on Iron Avenue would be an appropriate site for
said building; and
\1HEREAS, Vanier is\'lilling to contribute to the Theatre suf-
ficient funds to purchase the hereinafter described real estate
on the specific condition that Vanier will have the privilege of
using said auditorium for meeting purposes.
NOW, THEREFORE, it is mutually agreed by and between the
parties hereto as follows:
(1). Vanier hereby agrees to make a contribution to the
Theatre of a sufficient amount of money which will enable the
Theatre to acquire the following described property as the site
for the theatre building, to wit:
Lots One Hundred Two (102), One Hundred Four (104),
One Hundred Six (106) and One Hundred Eight (108)
on Third Street; and all that portion of Lot::; :.jinety-
~our (94), iHnety-Six (96), liinety-Ei~ht (98) and
One Hundred (100) on Third Street and Lots Ninety-
Seven (97), ;Unety-;line (99), One Hundred One (101),
One Hundred Three (103), One Hundred Five (105) and
One Hundred Seven (107) on Fourth Street, lying
South and East of the Channel of the Smoky Hill
River at High 'dater [-lark; all in the Original Town
of Salina, Saline County, Kansas.
(2). In consideration of the contribution of Vanier in fur-
nishing a site for the theatre building which the City was obli-
gated to do under Exhibit "A", the City agrees that Vanier, his
successors or assigns, shall have the non-exclusive privilege to
use the auditorium in said theatre building, at a rental of Twenty-
Five Dollars ($25.00) for each day or fraction thereof used, on
the following conditions:
(a). Said use shall be subject to the rights of
the Theatre as set forth in the agreement between the
City and the Theatre which is attached hereto marked
Exhibit "A".
(b). Vanier agrees to schedule his use of said
auditorium with the City and/or the Salina Cultural
Arts Commission and t~e priority for the use of said
auditorium shall be on the basis of earliest reser-
vat ions.
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(3). In the event that at any future date this Agreement
should be rescinded by the City or declared null and void by any
court of competent jurisdiction or should any action be taken by
the City which would prohibit the use of the auditorium by Vanier
as contemplated in this Agreement, then the City agrees to reim-
~urse Vanier in the sum of $ , the same being the
purchase price of the land described in Paragraph 1.
(4). Theatre agrees that it will complete the theatre
building on the above site in accordance with the plans and
specifications prepared by its architect and deliver title there-
to to the City free and clear of all liens and encumbrances,and
that the City assumes no obligations either under this Agreement
or Exhibit ~A~ to either the Theatre or Vanier until the comple-
tion of said building.
(5). This Agreement is contingent upon the Theatre causing
a soils analysis of the property to be made, and giving written
notice within thirty (30) days from the effective date hereof
to the City and Vanier that, in the Judgment of the Theatre, the
property is suitable for construction of the theatre building.
If such notice is not given within said period or such extension
thereof as the parties hereto may agree upon, then this AF,reement
shall become null and void.
(6). The term of this Agreement shall be for a period of
twenty-five (25) years from the date hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
THE CITY OF SALINA, KANSAS
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i,layor
Attest:
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City Clerk
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J. J. Vanier
SALINE COlmUNITY THEATRE
ASSOCIATION
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AGREEMENT
This Agreement made and entered into this 12th day of January, ,
1970, by and between The Salina Community Theatre-Association,
hereinafter referred to as "Theatre", and the City of Salina, Kansas,
her~inafter referred to as "City".
WITNESSETH:
WHEREAS, the Theatre is a non-profit corporation organized
under the laws of the State of Kansas and is organized for the
purpose of producing p~ays and promoting a better understanding
and appreciation of all of the arts and to provide recreation for
everyone in the community interested in the program of the Theatre,
either as participants or spectators; and
WHEREAS, the Theatre is in need of a facility for the presenta-
tion of plays, and proposes to construct such a facility with pri-
vate funds upon land owned by the City; and
WHEREAS, the proposed facility has the potential of being a
center for community activity and would be of valuable use to the
City and the general public when not in use by the Theatre;
NOW THEREFORE, the parties hereto agree as follows:
1. The Theatre shall have one year from this date in which
to undertake a campaign to raise funds sufficient to construct the
facility described herein. If within said tLme the Theatre gives
written notice to the City of its intention to proceed, then this
Agreement shall remain in full force and effect; but if no such
notice is given within said tLme, or within such extension of time
as may be agreed upon by the parties, then this Agreement shall be
terminated.
2. The Theatre will construct at its own expense on a tract
of land owned by the City and in a location mutually agreeable to
the parties a theatre building of approximately 8,000 to 9,000
square feet, which will include ("Area 1") a 300 seat auditorium,
stage, lobby, public restrooms and other rooms; and ("Area 2") a
rehearsal room, storage room, scene shop and other rooms; provided
however that "Area 2" shall not exceed ten (10) percent of the
entire building. Plans and specifications for said building shall
be submitted to the City for its approval prior to construction.
3. Upon completion of the building, the title thereto will
be transferred to the City. The City shall accept the building
and at its own expense shall: (1) maintain and keep the exterior
of the building and all of "Area 1" in a good state of repair;
(2) furnish utilities for the entire building; (3) provide jani-
torial services for "Area 1" and (4) pay all taxes and insurance on
the entire building. The C~ty shall at all times bear the risk of
loss of the building, and shall at all times maintain fire and
extended coverage insurance on the building in an amount equal to
80% of its then current value; and in the event of total destruc-
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tlon or damage beyond repair, the proceeds of such insurance shall
be applied toward the replacement cost of a like building.
4. The Theatre will have the use of those parts of the build-
ing designated "Area 1" during the period of performance of all
productions of the Theatre and continuously for a period of not to
exceed two weeks prior to each production. Such use of "Area 1"
by the Theatre shall not exceed 120 days in any calendar year. Dur-
ing the periods that "Area 1" is being used by the Theatre the City,
its agencies and its permittees may make such use of "Area 1" as
the Board of Directors of the Theatre determines will not conflict
with the Theatre's use of "Area 1". At all other times, the City,
its agencies and permittees shall have the use of HArea 1". The
Theatre shall have continuous and exclusive use of the parts of
the building designated "Area 2".
5. Each year the Theatre shall submit to the City and the
Salina Cultural Arts Commission, in advance, a schedule designating
the specific dates on which it desires to use "Area 1" of the build-
ing for its productions in the following year.
6. Use of the building by the Theatre for its productions
which do not exceed the maximum limit herein specified will be
without cost of any kind to the Theatre.
7. The building will be named "The Salina Community Theatre".
8. The term of this Agreement shall be for fifty (50) years
from date hereof. -
IN WITNESS WHEREOF the parties have executed this Agreement
the day and year first above written.
Attest:
;) )O,-'-L\.; (lLL.-i.-t_
Secr~tary
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THE CITY? SALINA., .I<A.NSAS .
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By /f.. .,("<' .,' If{' I. I f. ~" "" ,"". _
Donald Millikan, Mayor
Attest: ..
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City Clerk
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