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War Memorial Project . . . r . \. .. 48: War Memorial Project 48 ----'--------~~------ -~ -~, GRANT AGREEMENT This GrantAgreement is entered into this _ day of February, 1994 between the City of Salina, Kansas (the "City") and Salina-Saline County War Memorial, Inc. (the "Corporation"). . Recitals A Pursuant to a license agreement with the City, the Corporation is currently constructing in Sunset Park a memorial to those Saline County residents who sacrificed their lives in service to our country (referred to as the "War Memorial Project") for dedication and transfer of ownership to the City. B. The City plans to sell surplus real estate previously dedicated by a private developer for public park purposes (the "Real Estate") for the sum of $29,000. C. In recognition of the public purpose served by construction of the War Memorial Project, the governing body has authorized the grant of an amount equal to the $29,000 to be received from the sale of the Real Estate (the "Grant") to the Corporation, subject to the terms of this Grant Agreement. THE PARTIES therefore agree: Section 1 -Use of funds. The Corporation agrees that the Grant shall be applied to the cost of the decorative eagle and the brass dedication plates to be purchased and installed as a part of the War Memorial Project. The Corporation further agrees that it shall document to the City its use of the Grant funds for the authorized purposes. Section 2 - Continued fundraising. The Corporation agrees that it will continue its private fundraising efforts for the War Memorial Project. To the extent funds raised exceed the cost of completing the War Memorial Project (the "Excess Funds"), the Corporation agrees that upon dedication of the memorial and transfer of title to the City, the Corporation shall'in conjunction with such transfer of title, remit the Excess Funds to the City. The City agrees that the Excess Funds shall be designated for use exclusively in the ongoing maintenance of the War Memorial Project. Section 3 - Right to audit. Toward fulfillment of the City's responsibility in monitoring the use of public funds, the Corporation agrees that authorized representatives of the City will have an opportunity, upon request, to review the Corporation's financial records to verify proper use of the Grant funds and remittance of the Excess Funds. . . . . . . . i 48; War Memorial Project i ~. u __.____________________j ... Section 4 -.Binding effect. This Grant Agreement shall be binding upon the parties and their successors and assigns. EXECUTED the day and year first above written. CITY OF SALINA, KANSAS By: DennisM. Kissinger, City Manager ATIEST: Stephanie Krug, Acting City Clerk SALINA-SALINE COUNTY WAR MEMORIAL, INC. By: Patrick O'Conner, President -2- .' . . . '\ ~ i 48: War Memorial Project I l___~____~__ -_______J 48 LICENSE AGREEMENT FOR CONSTRUCTION OF WAR MEMORIAL This License Agreement is made this day of September, 1993 by and between the CITY OF SALINA, KANSAS (the "city") and SALINA-SALINE COUNTY WAR MEMORIAL, INC. (the "Licensee") , collectively referred to as the "Parties." Recitals A. The Licensee wishes to construct at its expense a monument to those Saline County residents who lost their lives in service to our country (the "Memorial"). B. Sunset Park is a suitable location for the Memorial. C. The Parties will mutually benefit from the construction of the Memorial. D. Because the Memorial is to be constructed with strictly private funding, the project is deemed to be exempt from the bidding requirements of K.S.A. 13-1017. THE PARTIES THEREFORE, in consideration of the promises contained in ,this License Agreement, agree as follows: Section .1 - Grant of License. The City grants to Licensee and its contractors a revocable, non-exclusive right to enter (the "License") that portion of Sunset Park described on Exhibit A (the "Site") for the purpose of constructing the Memorial (the "Memorial proj ect") . Section 2 - Plan Review and Permits. Licensee acknowledges that the Memorial Project shall be subject to the City's plan review and permit process. Licensee agrees that the Memorial shall be constructed in accordance with the plans and specifications ultimately approved by the City. section:3 - Term of License. The License shall commence upon execution of the this License Agreement and shall terminate upon the earlier of the following dates: A. The date of the Licensee's dedication of the completed Memorial to the City. . . . I i 48: WarMem~~al_proj~t_ _ ____ B. The date the Licensee receives notice from the City of termination of the License for violation of this License Agreement or applicable law by the Licensee or its Contractors. C. July 1, 1994. Section 4 - Contract Labor. Licensee represents and agrees that all labor required to complete the Memorial Project shall be completed by the following contractors, collectively referred to as the "Contractors": A. Busboom & Rauh Construction general construction B. B & W Electrical Contractors, Inc. - electrical C. plumbing D. Such other contractors designated by the Licensee and approved by the City Manager. Licensee agrees that only employees of the Contractors within the scope of their employment by the Contractors shall be permitted to perform the labor on the Site necessary to complete the Memorial Project. Licensee acknowledges and agrees for itself and the Contractors that the Contractors' employees shall not for any purpose be regarded as agents or employees of the city. Section 5 - Insurance Coveraqes. Throughout the term of the License, Licensee agrees to provide the City's Risk Manager with proof of its coverage under a comprehensive general liability policy approved by the City providing for a per occurrence limit of at least $500,000. Licensee further agrees that for any time one of the Contractors is performing work on the Site, the Licensee shall provide the City's Risk Manager with proof of the fOllowing coverage maintained by that contractor: A. Workers compensation insurance in the amount required by state statute. B. General liability insurance providing for a per occurrence limit of at least $500,000. Section 6 Materials and ornamentation. Under no circumstances shall the Licensee or any of the Contractors be deemed the agent of the City for purposes of contracting for the purchase or acceptance of donated materials or ornamentation to be used in the construction of the Memorial. Licensee represents and agrees that all materials necessary for the Memorial Project shall -2- . . . . .. r=- L~~a~ ~al Project '\ I I be donated to the Licensee by various local vendors, with the following specific exceptions, collectively referred to as the "Metalwork": . A. Brass plates. B. Flag poles. C. Eagle. Licensee agrees to provide the City with proof of payment in full for any item of the Metalwork before the item is delivered to the site for installation as a part of the Memorial. Section 7 - OWDershiD. During construction the Memorial shall be the property of the Licensee. Within a reasonable period of time following completion of the Memorial Project, the Licensee shall dedicate the Memorial to the City, after which the City shall be deemed the owner. Sections - ReDair of Damaqe. Licensee shall be responsible for any damages to any portion of Sunset Park that the Licensee, its agents, contractors, or their employees may cause by virtue of the work they are authorized to perform under this License Agreement. Any such damage shall either be repaired by the City and charged to the Licensee, or repaired by the Licensee, at the City's discretion. The parties agree that this covenant shall specifically extend to the City water line that runs north and south from 24 inches to 36 inches below the surface of the site. Section 9 - Indemnification. Licensee shall indemnify, defend and hold harmless the City and all of its officers, agents, and employees against all suits, claims and liabilities of every kind and nature (including reasonable attorney fees), for or on account of injuries to or death of person, and damage to property arising out of, or as a consequence of the work to be performed in completion of the Memorial Project. Section 10 -Coordination with City. The Licensee, its Contractors, and their employees shall at all times during the duration of the License conduct themselves in accordance with the reasonable requests of the City and shall coordinate their activities with the City's Director of Parks and Recreation or his designee. -3- ,--- ., . . . . . ~------- I ~ct \ , M morial ProJe _______---' \ 48: War _~_-------- --- ~ section '11 - Bindina Effect. This License Agreement shall be binding upon the Parties, their officers, agents, members, and successors. EXECUTED the day and year first above written. CITY OF SALINA, KANSAS By: Peter F. Brungardt, Mayor ATTEST: Jacqueline Shiever, CMC City Clerk SALINA-SALINE COUNTY WAR MEMORIAL, INC. By: Patrick 0' Conner ',..President -4- 1-- . ( -- ~~~~M~~Ori:l Project . \ I I -~-----------.___i . RESOLUTION NUMBER 93-4645 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY Of SALINA. 'KANSAS AND SALINA-SALINE COUNTY WAR MEMORIAL. INC. fOR CONSTRUCTION Of A WAR MEMORIAL IN SUNSET PARK. BE IT RESOLVED by the Governing Body of the City of Salina. Kansas : Section I. That the Mayor is hereby authorized to execute and the City Clerk to attest a license agreement hetween the City of Salina. Kansas and Salina-Saline County War Memorial. Inc. for construction of a War Memorial in Sunset Park. Section 2. rhat this resolu tion shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 27t h day of September. I "(j.~. Peter 1'. Brun~ardt. \\ayor . ISE^LI ^TTEST: Jacqueline Shiever. ('\\C City Clerk .