Renovation Maint. Util Janitor
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AGREEMENT
This agreement made this 18th day of December, 1989 by and between
the City of Salina, Kansas, a Kansas municipal corporation, hereinafter referred to
'as the CITY and Salina Art Center, Inc., a Kansas nonprofit corporation,
hereinafter referred to as the CENTER.
WHEREAS, the CENTER is a private, nonprofit corporation organized
under the laws of the State of Kansas for the purposes of establishing and
maintaining a community art center and promoting a better understanding and
appreciation of the visual arts; and
WHEREAS, the CENTER provides a facility that serves as a major
community resource for the visual arts and is open to all members of the public;
and
WHEREAS, the CENTER through its professional staff, offers to the
community a comprehensive and ongoing program of art exhibits and art
educational programs; and
WHEREAS, the Center has acquired ownership in the property described
as Lots 158 and 160 on Santa Fe Avenue in the original Town (now City) of Salina,
Saline County, Kansas, referred hereinafter as 236 and 238 South Santa Fe
A venue; and
WHEREAS, the CITY has completed a major redevelopment of the Salina
downtown area with the objective to help to ensure the economic and cultural
vitality of the community; SO NOW, THEREFORE
The CITY and the CENTER agree as follows:
Section 1. CENTER Duties.
The CENTER shall be responsible for all of the following items:
A. The title to the property and all related responsibilities not
delegated to the CITY under this Agreement shall remain in the
name of the Salina Art Center, Inc., and its successor
organizations, if any, throughout the term of this Agreement.
B. The CENTE R shall remodel the property located at 236 - 238
South Santa Fe, including installation of:
1. a new heating and air conditioning system.
2. all new plumbing, wiring and fixtures.
3. new flooring and wall coverings.
In addition to applicable building and fire code requirements, the
remodeling shall be subject to approval by the City Manager
regarding matters of safety, structural integrity and maintenance.
Except for payment of utility expenses under Section 2(A) below,
the duties of the CITY under this Agreement shall not commence in
relation to 236 - 238 South Santa Fe until the remodeling has been
completed and approved by the City Manager.
C. The CENTER shall annually deposit, in cash, not less than $1,500
in a capital replacement fund to finance future maintenance, repair,
or replacement of the roof or mechanical systems. The fund shall be
invested in a proper manner and in accordance with K. S.A.
12-1675. Expenditures from this fund shall be mutually agreed upon
by the City Manager and the CENTER.
D. The CENTER shall maintain insurance coverage on all personal
property located in the facility and shall maintain general liability
coverage for the operation of the CENTER in an amount deemed
sufficient by both the CENTER and the CITY.
Section 2. CITY Duties.
The CITY shall provide the following services:
A. The CITY shall pay for water, sanitary sewer, electricity and
natural gas services for both properties beginning January 1, 1990.
B. The CITY shall provide routine janitorial services including routine
sweeping and cleaning of the building proper and restrooms along
with replacing light bulbs and lighting repair, except in the case of
special lighting for exhibits. Routine janitorial service shall not
include:
1. Dusting or maintenance of exhibits.
2. Cleaning after art classes, educational classes and other
demonstrations.
3. Wall treatments for exhibits.
4. Furnishing paper or cleaning products for art classes,
educational classes or other demonstrations, either in the class
or for the clean-up.
C. The CITY shall maintain the facility, including necessary
maintenance, repair, or replacement of hot water heaters, heating
and air conditioning systems, and the roof. The maintenance
responsibility of the CITY shall not include any work necessary for
purposes of art exhibits, storage or protection of personal property
owned or in the control of the CENTER, or educational or other
CENTER progrems. Expenditures for the maintenance of the facility
shall first be paid from the capital replacement fund referred to in
Section 1 (B) above.
D. The CITY shall maintain multi-peril insurance coverage for the
building improvements on the property.
Section 3. Effective date.
This AGREEMENT shall become effective January 1, 1990.
Section 4. Term and termination.
This AGREEMENT shall remain in effect until December 31, 2037,
provided that either party may notify the other party by July 1 annually
of their intent to terminate this AGREEMENT effective January 1
following; however, within this period, the AGREEMENT may be modified
by the mutual consent of the parties. If within this period, the CENTER
sells or otherwise disposes of the property described herein, this
AGREEMENT shall be terminated. In the event of dissolution of the
CENTER during the term of this AGREEMENT, the exempt organization
or organizations to which the net assets of the CENTER shall be
distributed pursuant to Article IX of the Articles of Incorporation of the
CENTER shall be determined jointly by the CENTER, City Manager and
the Salina Arts and Humanities Commission, with the approval of the
governing body of the CITY.
Section 5. Required reports.
The CENTER shall submit annually to the City Manager or others
designated by the City Manager the following items:
A. Before August 1 of each year the annual proposed budget and
program of services for the CENTER for the next fiscal year.
B. The CENTER1s annual report and audit within 30 days of completion
by the independent auditors,
I n addition, if and when, the CENTER has any plans that significantly
relate to the building, the Salina Arts and Humanities Commission and
the City Manager shall be informed in a timely way of those plans.
Section 6. T ermi nation of prior ag reement.
It is the intent of the parties that this Agreement serve as a substitute
for the agreement between the parties dated June 15, 1987, which prior
agreement is hereby terminated as of the effective date of this
Ag reement.
.
Section 7. Binding effect.
This AGREEMENT shall be binding upon and shall inure to the benefit of
the parties hereto, their successors and assigns.
CITY OF SALINA, KANSAS
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ATTEST:
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Jacqueline Shiever, City Clerk
SALINA ART CENTER, INC.
Chairman, Board of Directors