Little Library Agreement w/ City of Salina •
AGREEMENT FOR
HOSTING AND MAINTALNING LITTLE LIBRARIES
THIS AGREEMENT, is entered into this day of April, 2014 by and between the
City of Salina, Kansas (the "City"), and the Salina Public Library (the "Library").
Recitals
A. The City owns and operates various public parks in the City of Salina, including
Jerry Ivey Park and Hawthorne Park.
B. The Library desires to install a small "little library" box ("Structure") in Jerry
Ivey Park and Hawthorne Park (collectively, the "Parks"), for the purpose of storing free books
accessible for borrowing and reading by the general public.
C. The parties desire to enter into this Agreement for the purpose of authorizing the
Library's installation of a little library box in each of the Parks, and to formalize the parties'
respective rights, responsibilities, and obligations in connection with the installation, and
maintenance of the Structures
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The parties, in consideration of the mutual promises set forth in this Agreement, agree
and covenant:
1. Authorization to Install Structures. The City authorizes the Library to install
a Structure in each of the Parks, at a location to be mutually agreed upon by the parties. Prior
to installation, the Library shall meet and confer with representatives of the City to discuss
and review the plans and specifications for each Structure, including the Library's plans for
ensuring that each Structure is adequately and safely installed. Upon approval by the City, the
Library may install the Structure in each of the Parks, at the Library's cost and expense, in strict
accordance with the approved plans and specifications.
2. Obligations after Installation. After installation of the Structures, the parties shall
have the following responsibilities:
2.1 Library's Responsibilities. The Library shall:
(a) Maintain and repair the Structures, as necessary, and generally keep
the Structures and their contents in a clean, orderly, and acceptable
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condition;
(b) Stock or exchange the Structures with books, as needed;
(c) Ensure that the books and items contained in the Structures are safe
and acceptable for consumption and use by the general public, of all
ages; and -
(d) Perform any required marketing or promotion of the structures.
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2.2 Citv's Responsibilities. The City shall:
• (a)Notify the Library of any known issues or problems with the
Structures, such as vandalism, complaints, or excess books;
(b)Provide a visible and accessible location in the Parks for the
Structures, at such locations agreed upon by the parties.
3. Indemnification. To the fullest extent permitted by law, the Library shall
defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and
employees from and against all claims, damages, losses and expenses (including but not limited
to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury
to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent
that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have
resulted from the wrongful acts, negligent acts, errors, omissions, or defective work or services
of the Library, its employees, or agents in the performance of this Agreement.
4. Voluntary Termination. Either party may terminate this Agreement, with or
without cause, upon ten (10) days advance written notice to the other party. In the event of
such termination, the Library shall promptly remove the Structures and related foundations
or footings, and restore each site to the same condition as existed before the Structures were
installed.
5. Notices. Written notice and correspondence under this Agreement shall be
delivered personally or through mail to the addresses stated below:
For the City: City of Salina, Kansas
Attn: Department of Parks and Recreation
P.O. Box 736
Salina, KS 67402-0736
For Library: Salina Public Library
Attn: Joe McKenzie, Library Director
301 W. Elm
Salina, KS 67401
6. 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.
7. Entire Agreement. This Agreement contains the entire understanding between
the parties and supersedes all other agreements whether written or oral.
{Signature page follows}
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EXECUTED effective the day and year first stated above.
CITY OF SALINA, KANSAS
By: L
.son A. Gage, City Manager
AT I EST:
By. 11Orn
Sh di CMC, City Clerk
SALINA PUBLIC LIBRARY
By: /
Joe McKenzie, Library Di for
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