Commemorative Marker Donation Agreement - August Bondi CITY OF SALINA, KANSAS
JEWISH AMERICAN SOCIETY FOR HISTORIC PRESERVATION
COMMEMORATIVE MARKER DONATION AGREEMENT
THIS AGREEMENT is entered into this 29day of November, 2017 by and between the
City of Salina. Kansas (the "City") and the Jewish American Society for Historic Preservation, a
501(c)(3) not-for-profit corporation. (the "Donor').
Recitals
A. The Donor wishes to donate to the City a commemorative marker to be fabricated
by Sewah Studios, Marietta, Ohio as depicted on the attached and incorporated
Exhibit A in honor of August Bondi, a significant figure in early Kansas history and
Salina citizen (the "Marker").
B. Upon its fabrication, title to the commemorative marker will lie with the Donor to
make the donation of the Marker; 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:
DONOR'S GIFT
A. The Donor hereby makes a gift of the Marker to the City, subject to the terms of
this Agreement.
B. In addition to the,Marker, the Donor agrees to provide a suitable post for
supporting its installation.
IL OBLIGATIONS OF THE CITY
A. The City accepts the Donor's gift of the Marker and support post and shall
perform all obligations in compliance with and subject to the terms and conditions
of this Agreement.
B. The City agrees to install the Marker on the grounds of the Smoky Hill Museum
at the location depicted on the attached and incorporated Exhibit B while
reserving the right to repair, relocate and /or remove the Marker at the City's sole
discretion. The City agrees to notify the Donor prior to relocation or removal of
the Marker and to honor a request by the Donor to instead return the Marker to the
Donor, at the Donor's expense.
C. The City agrees to 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.
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 it 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 Marker and that the Donor's gift
of the Marker to the City does not violate the terms upon which the Donor acquired
ownership of the Marker.
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: Jewish American Society for Historic Preservation
6162 Golf Villas Drive
Boynton Beach, Florida 33473
Attn: Jerry Klinger
VI. AMENDMENTS
No alteration, change or modification of the terms of this Agreement shall be valid unless
made in writing and signed by authorized representatives of both the Donor and the City.
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 OF SALINA KANSAS JEWISH AMERICAN SOCIETY FOR
HISTORI PRESERVATION
B}" kt .,�`. A _a .1 By: _ el
Kaye Cr..&cf'.Mayor Je flinger, ' esident
ATTEST
By: AVlA4i t :
WA&
Shandi Wicks, City, Clerk