1987 Maint. Util JanitorAGREEMENT
This AGREEMENT made this '_5th day of June , 1987 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
non - profit 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 purpose of establishing and
maintaining a community art center and promoting a better understanding
and appreciation of the visual arts;
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;
Whereas, the CENTER through its professional staff, offers to the
community a comprehensive and ongoing program of art exhibits and art
educational programs;
Whereas, the CENTER has acquired ownership in the property described
as Lot 160 on Santa Fe Avenue in the original Town (now City) of Salina,
Saline County, Kansas, referred herein after as 243 South Santa Fe Avenue
and;
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Whereas, the CITY has just completed a major redevelopment of the
Salina downtown area with the objective to help to ensure the economic
and cultural vitality of the community;
Now, therefore, be it resolved that the CITY and the CENTER agree as
follows:
Section 1. Center Duties
The CENTER shall be responsible for all of the following items:
A. By December 1, 1987, raising $250,000.00 to remodel the
property located at 243 South Santa Fe. Said remodeling shall
be approved by the City Manager inasmuch as it pertains to
matters of safety, structural integrity and maintenance.
B. The title to the property shall remain in the name of Salina
Art Center, Inc. and its successor organizations, if any,
throughout the term of this AGREEMENT.
C. Annually, deposit, in cash, not less than $1,500 in a capital
replacement fund. The fund shall be invested in a proper
manner and in accordance with K.S.A. 12 -1675 (1986 Supp.).
Expenditures from this fund shall be mutually agreed upon by
the City Manager and the CENTER.
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Section 2. City Duties
The CITY shall provide the following services:
A. Payment for water, sanitary sewer, electrical energy and
natural gas services.
B. Routine janitorial services
C. Maintenance of the facility including necessary replacement or
repair. This shall not include 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
programs.
D. Multi peril insurance for the building and improvement.
However, the CENTER shall be responsible for providing
insurance for all personal property and liability.
Section 3. Effective date
By December 1, 1987, the CENTER shall submit evidence satisfactory
to the City Manager that sufficient funds are on hand or have been
pledged to proceed with this project. Upon receipt of such evidence, the
City Manager shall notify the CENTER in writing of the sufficiency of
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such evidence or its insufficiency. If the evidence is insufficient,
this AGREEMENT shall not become effective unless the time permitted to
raise sufficient funds is extended by agreement of the parties.
Section 4. Term and Termination
This AGREEMENT shall be in effect for fifty (50) years from the date
it becomes effective as detailed in Section 3 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. Annual proposed budget and program of services for the CENTER
B. The CENTER'S annual report and audit
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In 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. Administration and Interpretation
City Manager shall be responsible for the administration and
interpretation of this AGREEMENT.
Section 7. Binding Effect
This AGREEMENT shall be binding upon and shall inure to the benefit
of tre parties hereto, their successors and assigns.
Stephen C. Ryan, May
airman, Salina Art Center, Inc.
Authorized by City Commission Action 87- 116
JJ
The Salina
/art Center
Sono Fe -Ar Cloflin
P.O. Box 743.
Salina, Kansas 67402 -0743
(913) 827 -1431
Mr. Rufus Nye
Salina City Manager
City /County Building
Salina, Kansas 67402
Dear Mr. Nye:
QoG
This letter is to comply with the contract with the City of Salina in
regard to the Salina Art Center Facility Maintenence Agreement.
By September 1, 1987, the Center shall submit evidence satisfactory
to the City Manager that sufficient funds are on hand or have
been pledged to proceed with this project.
I am pleased to report that the Salina Art Center has received gifts
and pledges in the amount of $270,000.00. We have also received a
challenge in the amount of $35,000.00 which will be activated at
the end of the campaign. These gifts will enable the Art Center to
proceed with the building project, although our total project cost is
now $350,000.00.
The change in our project goal is due to a substantial increase in
construction costs. The contract with the low bidder was
$256,876.00. This does not include the purchase price of the
building, the downtown assessment tax, architect fees, the
projected interest to cover our three -year pledges, the discovery
room, furniture, and some insurance that we assumed from
building donors. The pledges and donations continue to come in
however, and some of these additional costs can be delayed. It is
clear at this time, that sufficient gifts and pledges to cover the
building renovation itself are secure.
On behalf of the Salina Art Center, I want to express my thanks
for your support of this project and of the future of the Salina Art
Center. I am confident that the Art Center will be a good private
partner with the City of Salina and that we will bring much
needed and high - quality artistic services to this community.
Please contact me if you need more financial information or have
any particular questions.
Sincerely,
Saralyn Reece Hardy, Dir ctor
Salina Art Center