Memorial Hall (2000)LEASE AGREEMENT
This Lease Agreement is entered into this 6th day of November, 2000, between the
UNIFIED SCHOOL DISTRICT NUMBER 305 ("USD #305") and the CITY OF SALINA,
KANSAS (the "City").
Recitals
A. The City owns the building located at 410 West Ash, Salina, Kansas, known as
Memorial Hall.
B. The City and USD #305 desire to enter into this Lease Agreement to provide for
the more economical housing of certain of the District's technology equipment at Memorial Hall
in proximity to the existing fiber optic cable serving the studios of Community Access
Television, Inc., currently located at Memorial Hall.
THE PARTIES therefore agree:
1. Lease. In consideration of the sum of One Dollar ($1.00) per year and the mutual
cooperation and working relationship between the City and USD #305, the City hereby leases to
USD #305 what is referred to as Room 105 in Memorial Hall depicted on the drawing attached
as Exhibit A and containing approximately 800 square feet.
2. Term. This Lease Agreement shall be for an initial term of one (1) year
commencing November 6, 2000, and shall automatically renew for additional consecutive terms
of one (1) year each until such time as either party provides the other at least one (1) year written
notice to terminate this Lease Agreement. The effective date of termination shall be one (1) year
from the date the non -terminating party receives written notice of the terminating party's intent
to terminate.
3. Use. USD #305 shall use Room 105 solely for the purpose of housing
technology equipment owned by USD #305 and used by USD #305 for educational purposes.
4. Modifications. USD #305 may make improvements and modifications to Room
105 with the prior written approval of the City.
5. Custodial Services. USD #305 shall provide all custodial services for Room 105.
USD #305 may discard of any refuse generated from within Room 105 in outside refuse
containers provided for use by building tenants.
6. Building Maintenance. USD #305 shall provide for Room 105 all maintenance
services related to internal use and operations. This shall include, but not be limited to structural
repairs related to the operations of USD #305, non-structural repairs and cosmetic changes which
are performed in a workmanlike manner and to the satisfaction of the City. The City reserves the
right to pre -approve any cosmetic changes and inspect all repair work. The City shall perform
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all maintenance work related to all remaining portions of the building and structural repair work
unrelated to the operations of USD #305.
7. Utilities.
Electricity Service: Electricity service shall be provided for Room 105 at the sole cost of USD
#305. Electricity cost shall be determined by multiplying the metered electricity use in
kilowatt-hours (as measured by a meter installed by USD #305) times the actual rate per
kilowatt hour as charged to the City by the local electricity utility provider. Billing to USD
#305 by the City shall be submitted as agreed upon by both parties, but no less than once
annually. Payment by USD #305 shall be received by the City within 30 days of submitting a
billing statement.
Natural Gas Service: Not applicable.
Public Water/Wastewater Service: Not applicable. However, USD 4305 personnel shall have
access to public restrooms, drinking fountains, etc. within Memorial Hall which are open to
building tenants and the general public.
Telephone Service: Telephone service shall be provided in Room 105 at the sole cost of USD
#305. Service and billing responsibility shall be in the name of USD #305.
8. Requirements Upon Termination of Agreement. Prior to the effective
termination date as determined pursuant to paragraph 2 above, USD #305 shall remove all of its
equipment and insure the condition of Room 105 is equal to or greater than the maintenance
standard and condition found at the commencement of this Agreement. This condition shall not
apply to structural modifications approved in accordance with Section 4 unless agreed upon by
both parties.
9. Telecommunications Equipment. USD #305 agrees that during its occupancy
of Room 105 it shall provide adequate space and electricity to house and operate any
telecommunication equipment necessary to accommodate the full and complete use of the
dedicated, bi-directional fiber optic links connected to Memorial Hall for the purpose of the
public use as designated in the City's Cable Services Franchise.
10. Indemnification and Hold Harmless. During the term of this Lease Agreement,
USD #305 shall hold harmless and indemnify the City, its agents and employees, against all
liability, loss, damage, expense, and judgment, including attorneys' fees so incurred, relating to
the use Room 105 by USD #305. Each party shall give immediate notice to the other of all such
claims, actions, or proceedings brought against the party giving such notice. USD #305 agrees to
defend against all claims brought or actions filed against the City with respect to USD #305's use
of Room 105, whether such claims are rightfully or wrongfully brought or filed. The City agrees
that USD #305 may employ attorneys of its own selection to appear and defend the claim or
action on behalf of the City, at the sole expense of USD #305. The District shall have control of
the defense in any such lawsuit and negotiations relating to its settlement. The City shall assist
USD #305 as reasonably requested by USD #305 regarding such lawsuit. USD #305 agrees to
reimburse the City for all expenses, costs, and attorneys' fees incurred by the City in the
enforcement of any part of USD #305's agreement to indemnify the City.
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During the term of this Lease Agreement, the City shall hold harmless and indemnify USD 4305,
its agents and employees in accordance to the terms and conditions contained herein as it relates
to any telecommunication equipment contained in Room 105 in accordance with Section 9.
11. Notice. Any notice given pursuant to this Lease Agreement shall be by certified
mail directed to:
City of Salina, Kansas
Mr. Steve Snyder, Director of Parks & Recreation
300 W. Ash Street, P.O. Box 5040
Salina, KS 67402-5040
Unified School District #305
Dr. Gary Norris, Superintendent
1511 Gypsum Ave.
Salina, KS 67401
12. Nonassignable. Neither parry may assign any of its rights under this Lease
Agreement without the prior written consent of the other party.
13. 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.
ATTEST: e'�'.O cqe'%L
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CITY OF SALINA, KANSAS
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DISTRICT #305
Norris, Superintendent
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