Sculpture Gift Agreement CITY OF SALINA, KANSAS
SALINA SOCCER COMPLEX
SCULPTURE GIFT AGREEMENT
THIS AGREEMENT is entered into this Utkday of September, 2012 by and between
the City of Salina, Kansas (the "CITY") and the Salina Soccer Club Association, a Kansas not-
for-profit corporation, (the"DONOR").
Recitals
A. The Donor wishes to make the gift of a sculpture, a work of bronze by Gregory
Johnson of Cumming, Georgia, (the "Artwork"), to the City in honor of the
friendship between Scott Knox and Christopher Garlow;
B. Title to the Artwork lies with the Donor to make the gift of sculpture which is the
subject of this Agreement; and
C. The Donor and City wish to undertake the obligations expressed herein.
NOW, THEREFORE, in consideration of the above stated premises and subject to the
conditions hereinafter set forth the parties agree as follows:
1. DONOR'S GIFT
A. The Donor hereby makes a gift of the Artwork to the City, subject to the terms of
this Agreement.
B. In addition to the sculpture, the Donor agrees to provide acceptable language for
signage associated with the Artwork and to pay the cost of the signage.
11. OBLIGATIONS OF THE CITY
A. The City accepts the Donor's gift of the Artwork and shall perform all obligations
in compliance with terms and conditions of this Agreement. The City shall install
the sculptures at the Salina Soccer Complex, at a location agreed upon by the
parties.
B. Should the City decide that the location chosen at the complex is not suitable for
the Artwork at a later date, however, the City shall have authority to move the
Artwork to a more suitable location at its discretion.
C. The City shall follow the approved guidelines for the acceptance, placement and
maintenance as outlined in its policy for accepting private work in public places.
The staff of the Salina Arts and Humanities Department will facilitate this
process.
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III. TERM OF AGREEMENT
This Agreement shall be effective on the date first stated above and shall remain in full
force and effect for so long as is necessary to fulfill the intent and objectives of the
parties.
IV. DONOR'S WARRANTY OF TITLE
The Donor represents and warrants it is the owner of the Artwork and that the Donor's
gift of the Artwork to the City does not violate the terms upon which the Donor acquired
ownership of the Artwork.
V. NOTICES
Written notices and correspondences under this Agreement shall be delivered personally
or through mail to the addresses stated below:
For the City: Salina Arts and Humanities
P.O. Box 2181
Salina, KS 67402-2181
For Donor: Salina Soccer Club Association
P.O. Box 535
Salina, KS 67402-0535
VI. AMENDMENTS
No alteration, change or modification of the terms of this Agreement shall be valid unless
made in writing and signed by both parties hereto.
VII. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties and supersedes all
other agreements whether written or oral.
EXECUTED effective the day and year first stated above.
CITY ONSA S SALIN OCCER CLUB ASSN.
By: By: `
Orman 96nings, Mayor D0ftl Ouderkirk, President
ATTEST:
�By:
Lieu Ann Elsey, City rk