ECRA Use Addendum
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ADDENDUM TO AGREEMENT
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THIS ADDENDUM TO AGREEMENT, is made and entered into this .~.:7 \ --
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day of March, 1992, by and between the Parks & Recreatlon
Department of the City of Salina, Kansas, hereinafter referred to
as the "City", and Salina Baseball Enterprises, Inc., a Kansas not
for profit corporation with its principal place of business at
Salina, Kansas, hereinafter referred to as "Enterprises".
WITNESSETH:
WHEREAS, the parties entered into a certain Agreement dated
February 25, 1991 (the "Agreement"), whereby they addressed fund
raising, scheduling and other operational matters regarding the
premier baseball diamond located at the East Crawford Recreation
Area, Salina, Kansas now known as Dean Evans Stadium; and
WHEREAS, fund raising efforts by Enterprises and others have
resulted in levels of private contribution warranting potential
extension of the term of the Agreement as hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants hereinafter set forth, the parties agree as
follows:
1. AMENDMENT OF SECTION 12 OF THE AGREEMENT. section 12 of
the Agreement is hereby amended in its entirety to read as follows:
12. TERM: The initial term of the Agreement shall
be that period of time commencing on the date on which at
least $40,000.00 (the "base $40,000") has been raised by
Enterprises and others for the purposes set forth herein
and ending on December 31, 1995. In addition, the term
of this Agreement shall automatically be renewed for one
additional five-year term (each herein referred to as an
"Additional Term") for each $40,000.00 raised on or
before June 30, 1992 in excess of the base $40,000.00.
For example, if the total amount of funds raised by
Enterprises and others for the purposes specified herein
on or before June 30, 1992 exceeds $240,000 but is less
than $280,000, then the term hereof shall automatically
be renewed and extended for five additional five-year
terms, the first to commence on January 1, 1996, the
second to commence on January 1, 2001, the third to
commence on January 1, 2006, the fourth the commence on
January 1, 2011, and the fifth to commence on January 1,
2016.
For purposes of this Paragraph 12, funds shall be deemed
"raised" when delivered to the City for deposit to the
account described in Paragraph 2 hereof in the case of
cash, checks and other similar instruments. In the case
of a pledge by a contributor to make future payments to
the City for the purposes set forth herein, the
applicable funds shall be deemed "raised" if and to the
extent the applicable pledgor delivers cash, check or
other similar instrument to the city for deposit to the
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account described in Paragraph 2 hereof or if and to the
extent that monies are deposited in said account which
are the proceeds of a loan secured by the applicable
pledge.
Notwithstanding the foregoing, Enterprises shall have the
right to terminate this Agreement with respect to any
such Additional Term and subsequent Additional Terms by
giving the City written notice of termination at least
ninety (90) days prior to the first day of such
Additional Term to the effect that this Agreement shall
not be renewed and extended for such Additional Term or
any subsequent Additional Terms. In the case of any such
automatic renewal or extension, all of the terms and
provisions set forth herein shall be applicable during
such Additional Term except to the extent as may
otherwise be mutually agreed upon in writing by the
parties hereto.
2. RATIFICATION OF AGREEMENT. All of the terms and
conditions of the Agreement are hereby ratified and shall continue
in full force and effect, as herein amended.
3. BINDING EFFECT. This Addendum to Agreement shall be
binding upon; and inure to the benefit of the parties hereto, their
respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have hereunto caused this
Agreement to be executed on their behalf on the day and year first
above written.
CITY:
PARKS & RECREATION DEPARTMENT
OF THE ClfY OF SAL~~SAS
BY: //~~~~
Stephen C. Ryan, Mayor
Attest:
j
Jacque
Clerk
ENTERPRISES:
SALINA BASEBALL ENTERPRISES, INC.
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BY: G'&~~~-JSident
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