North 9th & Broadway Sculpture CITY OF SALINA, KANSAS
NORTH 9111 & BROADWAY
SCULPTURE GIFT AGREEMENT
THIS AGREEMENT is entered into this 7th day of October, 2013, by and between the
City of Salina, Kansas (the "CITY") and the North Salina Community Development, Inc.,
a Kansas not-for-profit corporation, (the "DONOR").
Recitals
A. The Donor wishes to make the gift of a sculpture, a metal work designed and
constructed by Mr. Larry Meitl named "the Sunflower,"(the "Artwork") to the City;
B. Title to the Artwork lies with the Donor to make the gift of the sculpture with 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:
I. 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 gift of the Artwork, the Donor agrees to provide acceptable
language for signage associated with the Artwork and to assist installation of
the signage.
II. OBLIGATION OF THE CITY
A. The City accepts the Donor's gift of the Artwork and shall perform all
obligations in compliance with terms and condition of this Agreement. The
City shall receive the installed sculpture at the location agreed upon by the
parties.
B.. Should the City decided that the location chosen for the Artwork 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 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.
III. TERM OF AGREEMENT
This agreement shall be effective on this date first stated above and shall remain in
full force and effect for as 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 correspondence under this Agreement shall be delivered
personally or through mail to the addresses stated below:
For the City: Executive Director
Salina Arts and Humanities Department
P.O. Box 2181
Salina, Kansas 67402-2181
For the Donor: North Salina Community Development, Inc.
Barbara Young, President
1100 West Grand Avenue
Salina, Kansas 67401
VI. AMENDMENTS
No alteration, changes 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 all other agreements whether written or oral.
EXECUTED effective this day and year first stated above.
CITY OF SALINA, KANSAS NORTH SALINA COMMUNITY
DEVELOPMENT COMMITTEE
By: \}'/
BY: /L
i3arbara V. Shirley, Mayor Barbara Y••n', Pre '•-nt
l
ATTE T:
By: -- -
Lieu Ann Elsey, City Clerk