Purchase Agreement #2
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AG REElTENT
rl'his At~reement, made and entered into this 3t~day of
August, 1971, by and between the CITY OF SALINA, KANSAS, herein-
after referred to as the JlCityTl; J. J. VANIER of Salina, r:ansas,
hereinafter referred to as TiVanier"; and SALINA CmUTUNI'l'Y rrHEATRE
ASSOCIA'rION, hereinafter referred to as the "Theatre", HITlJESSETH:
~rnEREAS, the City and the Theatre have heretofore entered
into an agreement, a copy of which asreement is attached hereto
and marked Exhibit nAil and made a part hereof by reference, re-
garding the construction of a theatre buildins; and
'vIHEHEAS, by the terms of the above mentioned agreement the
City is to furnish a site on which the Theatre shall construct a
buildin~ with an auditorium capable of seating approximately 300
persons; and
VJHEhEAS, the City and the 'l'heatre have ae;reed that certain
property located on Iron Avenue would be an anpropriate site for
said building; and
vnIEhEAS, Vanier is wilLtng to contribute to the 'l'heatre suf-
ficient funds to purchase the hereinafter described real estate
on the specific condition that Vanier will have the privilege of
usinC said auditorium for meetini': purposes.
:JCJ1'J, THEREFORE, it is mutually ar;reed by and between the
parties hereto as follows:
(1). Vanier hereby agrees to make a contribution to the
Theatre of a sufficient amount of money which will enable the
Theatre to acquire the following described property as the site
for the theatre bUildinc, to wit:
l~Ots One hundred rrwo (102), One Hundr'ecl Four (lOll),
One Hundred Six (106) and One Hundred Eight (108)
on 'i'hird ':::,treet; and all that portion of Lot~) IHnety-
l,'our (91+), iJ:Lnety-Six (96), Ninety-EiCht (98) and
Une Hunclred (100) on Third Street and Lots ii:inety-
~even (97), Ninety-Nine (99), One Hundred One (101),
One Hundred Three (103), One Hundred Five (105) and
One Hundred Seven (107) on Fourth Street, lying
South and East of the Channel of the Smoky Hill
iU ver at High \t.Jater Hark; all in the Ori[inal Town
of Salina, Saline County, Kansas.
(2). In consideration of the contribution of Vanier in fur-
n ish ir:g a sit e for the the a t I' e b u i 1 d i Df~ W h i c h the C i t Y Vi a sob 1 i _
gated to do under Exhibit nAIl, the City aGrees that Vanier, his
successors or assigns, sllall have the non-exclusive privilege to
use the auditorium in said theatre building, at a rental of Twenty-
Five Uollars ($25.00) for each day or fraction thereof used, on
the following conditions:
(a). Said use shall be subject to the riGhts of
the Theatre as set forth in the asreement between the
City and the Theatre which is attached hereto marked
LxlLibit lill".
(b). Vanier agrees to schedule his use of said
audi torium vIi th the Ci ty and/or the Salina Cultural
Arts Commission and the priority for the use of said
a~ditorium shall be on the basis of earliest reser-
v:ltions.
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(3). In the event that at any ruture date this Agreement
should be rescinded by the City or declared null Rnd void by any
court or competent Jurisdiction or should any action he taken by
the City which would prohibit the Use or the auditorium by Vanier
a. contemplated in this Agreement, then the City agrees to reim-
burse Vanier in the Sum or $ If &- [r'''; , ~, the same being the
purchase price of the land described in Paragraph 1.
(4). Theatre agrees that it will complete the theatre
bUilding on the above site in accordance with the pIano a~d
specirications prepared by it. architect and deliver title there-
to to the City free and clear or all liens and encumbrances, and
that the City assume. no obligations either under this A~reement
or Exhibit "A" to either the 'l'heatre or Vanier until the comple-
tion of said bUilding.
(5). This Agreement is contingent upon the Theatre causin~
a soil. analYsis or the property to be made, and giving written
notice within thirty (30) day. rrom the effective date hereor
to the City and Vanier that, in the JudRment or the Theatre, the
property is suitable ror construction or the theatre bUilding.
Ir Such notice i. not given within said periOd or such extension
thereor as the parties hereto may agree upon, then this Agreement
f3hall become null and void.
(6). 1~e term or this Agreement shall be ror a period of
twentY-five (25) years from the date hereof.
f'ittest:
TTayor
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
THE CITY OF SALINA, KANSAS
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City Clerk
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J. J. Vanier
SALINE COrrMUNI'ry 'I'HEATrm
ASSOCIATION
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The City of Salina, Kansas
City-County Building
Salina, Kansas
J. J. Vanier
Salina, Kansas
Gentlemen:
salina community theatre
September 23, 1971
Re: Agreement dated August 30, 1971
between City of Salina, Kansas,
J. J. Vanier, and Salina Community
Theatre Association.
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Pursuant to Paragraph 5 of the above Agreement, the Salina Community
Theatre has conducted a soil analysis of the property referred to
in the Agreement.
We are hereby giving you written notice that in the judgment of the
Salina Community Theatre Association, the property is suitable for
construction of the theatre building.
As a result of this notice, said Agreement remains in full force
and effect.
THE SALI~OMMUNITY THEATRE ASSOCIATION
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By
Dennis Poer, President