8.3 Agr Lease Park CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE TIME
8/4/96 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
PARKS & RECREATION
ITEM
NO. 3 BY: Steve Snyder ,,~ BY: ~
ITEM: Lease Agreement with USD//305 for Use of Land for Neighborhood Park,
When the Neighborhood Service Area #3 team met with residents of this area, the need to retain
or develop a neighborhood playground was identified as one of the priorities. This NSA is bound
by Ohio Street on the west, Iron on the north, Greeley Avenue on the south, and Indiana Street on
the east. The residents expressed concern over the closing of Glennifer Hill School and the future
of the play equipment, which was purchased by the Glennifer PTA and donated to the school
district. One option available to the District was to transfer the equipment to Oakdale or Hawthorne,
the schools the former Glennifer students are now attending. If this was done, no playground would
be available within easy access for the neighborhood. Indian Rock Park has space for a
playground, but its function has been more of a natural area with trails and wildflower prairie.
When looking at the options for a neighborhood playground, utilizing the existing equipment on the
Glennifer site appears to be the most feasible. Several of the pieces are in good condition and
would be best if left in the current location rather than moved.
USD 305 and Parks & Recreation staff have agreed on a $4000 value for the purchase of all
existing equipment. If the lease is approved, staff proposes to remove several of the older pieces
and add a small deck system, tot swings, and construct accessible sidewalk, protective surfacing,
signage, etc. The additional cost would be approximately $10,000. Total cost of upgrading the
playground, $14,000.
RECOMMENDATION:
It is recommended the City Commission approve the lease agreement between USD 305 and the
City of Salina for purchase of existing playground equipment and operation of the property as a
neighborhood park and playground.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
LEASE AGREEMENT
This Lease Agreement is entered into this __ day of March, 1996, between the BOARD
OF EDUCATION OF USD #305 of Salina, Saline County, Kansas (the "District") and the CITY
OF SALINA, KANSAS (the "City").
Recitals
A. The District owns the real estate described on the attached and incorporated
Exhibit A, which shall be referred to for purposes of this Lease Agreement as the "Property."
B. The District and the City desire to enter into this Lease Agreement to provide for
the City's purchase of eXisting playground equipment located on the Property and the operation
of the Property by the City as a neighborhood park and playground, just as if the City owned the
Property.
THE PARTIES therefore agree:
1. Lease. In consideration of the sum of One Dollar ($1.00) and the mutual
cooperation and working relationship between the District and the City, the District hereby leases
to the City the Property described on Exhibit A, upon the terms and conditions contained in this
Lease Agreement.
2. Term. This Lease Agreement shall be for a term of nearly five (5) years,
commencing March __., 1996, and terminating December 31, 2000. The parties anticipate that
they may wish to continue a similar lease arrangement of the Property beyond the year 2000, but
acknowledge that the specifics of such an ongoing arrangement will best be addressed by their
respective governing bodies at that time.
3. Purchase of Existing Equipment. The City agrees to purchase from the District all
playground equipment currently located on the Property for the sum of $4,000, payable no later
than April 1, 1996.
4. Use and Improvement of Property. The City agrees to use the Property
exclusively as a public park and playground. The District agrees that in making such use of the
Property, the City may make any modifications or improvements it deems appropriate.
5. Right to Name. The District agrees that the City will have the right to name the
park and playground developed on the Property during the term of this Lease Agreement.
6. Maintenance. The City agrees to maintain the Property in a manner consistent
with its maintenance of the other parks in the city's park system.
7. Removal of Improvements upon Termination. For a period of up to sixty (60)
days following termination of this Lease Agreement, the City shall have the right to remove any
city-owned equipment or improvements from the Property.
8. Indemnification and Hold Harmless. During the term of this Lease Agreement, the
City shall hold harmless and indemnify the District, its agents and employees, against ail liability,
loss, damage, expense, and judgment, including attorneys' fees so incurred, relating to the use of
the Property by the City. In addition, such indemnity shall extend to any liability imputed to the
District resulting from the City's failure to comply with all federal, state, county, and city laws,
ordinances and regulations, including but not limited to, the Americans with Disabilities Act and
all environmental laws. Each party shall give immediate notice to the other of all such claims,
actions, or proceedings brought against the party giving such notice. The City agrees to defend
against all claims brought or actions flied against the District with respect to the City's use of the
Property, whether such claims are rightfully or wrongfully brought or filed. The District agrees
that the City may employ attorneys of its own selection to appear and defend the claim or action
on behalf of the District, at the sole expense of the City. The City shall have control of the
defense in any such lawsuit and negotiations relating to its settlement. The District shall assist the
City as reasonably requested by the City regarding such lawsuit. The City agrees to reimburse the
District for all expenses, costs, and attorneys' fees incurred by the District in the enforcement of
any part of the City's agreement to indemnify the District.
9. Nonassignable. Neither party may assign any of its rights under this Lease
Agreement without the prior written consent of the other party.
10. Binding Effect. This Lease Agreement shall be binding upon the respective
parties, their successors and their authorized assigns.
IN WITNESS WHEREOF, each party hereto has caused this Lease Agreement to be
executed by its duly authorized officers.
CITY OF SALINA, KANSAS
John Divine, Mayor
ATTEST:
Judy Long, City Clerk
BOARD OF .EDUCATION
UNIFIED SCHOOL DISTRICT #305
Don G. Lamb, President
ATTEST:
Michael Soetaert, Clerk