Purchase Agreement #1
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AGREEMENT
This Agreement made and en tered into this 12th day of January,
1970, by and between The Salina Community Theatre AssociHtion,
hereinafter referred to as "Theatre", and the City of Salina, Kansas,
hereinafter referred to as nCity".
WITNESSETH:
WHEREAS, the Theatre is a non-profit corporation organized
under the laws of the State of Kansas and is organized for the
purpose of producing plays and promoting a better understanding
and appreciation of all of the arts and to provide recreation for
everyone in the community interested in the program of the Theatre,
either as participants or spectators; and
WHEREAS, the Theatre is in need of a facility for the presenta-
tion of plays, and proposes to construct such a facility with pri-
vate funds upon land owned by the City; and
WHEREAS, the proposed facility has the potential of being a
center for community activity and would be of valuable use to the
City and the general public when not in use by the Theatre;
NOW THEREFORE, the parties hereto agree as follows:
1. The Theatre shall have one year from this date in which
to undertake a campaign to raise funds sufficient to construct the
facility described herein. If within said time the Theatre gives
written notice to the City of its intention to proceed, then this
Agreement shall remain in full force and effect; but if no such
notice is given within said time, or within such extension of time
as may be agreed upon by the parties, then this Agreement shall be
terminated.
2. The Theatre will construct at its own expense on a tract
of land owned by the City and in a location mutually agreeable to
the parties a theatre building of approximately 8,000 to 9,000
square feet, which will include ("Area 1") a 300 seat auditorium,
stage, lobby, public restrooms and other rooms; and ("Area 2") a
rehearsal room, storage room, scene shop and other rooms; provided
however that ';Area 2" shall not exceed ten (10) percent of the
entire building. Plans and specifications for said building shall
be submitted to the City for its approval prior to construction.
3. Upon completion of the building, the title thereto will
be transferred to the City. The City shall accept the building
and at its own expense shall: (1) maintain and keep the exterior
of the building and all of HArea 1" in a good state of repair;
(2) furnish utilities for the entire building; (3) provide jani-
torial services for "Area 1" and (4) pay all taxes and insurance on
the entire building. The City shall at all times bear the risk of
loss of the building, and shall at all times maintain fire and
extended coverage insurance on the building in an amount equal to
80% of its then current value; and in the event of total destruc-
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tion or damage beyond repair, the proceeds of such insurance shall
be applied toward the replacement cost of a like building.
4. The Theatre will have the use of those parts of the build-
ing designated IlArea In during the period of performance of all
productions of the Theatre and continuously for a period of not to
exceed two weeks prior to each production. Such use of "Area I"
by the Theatre shall not exceed 120 days in any calendar year. Dur-
ing the periods that lIArea III is being used by the Theatre the City,
its agencies and its permittees may make such use of "Area I"' as
the Board of Directors of the Theatre determines will not conflict
with the Theatre's use of "Area I". At all other times, the City,
its agencies and permittees shall have the use of "Area 1". The
Theatre shall have continuous and exclusive use of the parts of
the building designated "Area 2".
5. Each year the Theatre shall submit to the City and the
Salina Cultural Arts Commission, in advance, a schedule designating
the specific dates on which it desires to use ~Area 1" of the build-
ing for its productions in the following year.
6. Use of the building by the Theatre for its productions
which do not exceed the maximum limit herein specified will be
without cost of any kind to the Theatre.
7. The building will be named "The Salina Community Theatre".
8. The term of this Agreement shall be for fifty (50) years
from date hereof.
IN WITNESS WHEREOF the parties have executed this Agreement
the day and year first above written.
Attest:
Jack N. Stewart, President
THE
A COMMUNITY THEATRE ASSOCIATION
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THE
SAL INA , KANSAS
By
Attest:
ijJ;LtJOh~~~
City Clerk
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January It, 1971
Board of City Commissioners of
the City of Salina, Kansas
City-County Building
S~lina, Kansas 67401
Gentlcrnei1 :
The Salina Community Thcntre Association entered into an Agj~eement
with the City of Salina, Kansas dated January 12, 1970 with regard
to the finane ing, cons true tion and ma in tenal1ce of a ne\., Sa 1 ina
Community Theatre Building.
Paragraph 1 of the Agreement provided that thc~ Theatre vlOuld have
one year from the date of the Agreement in which to raise funds
sufficient to construct the f&cility and to give written notice
to the City of the Theatre's intention to proceed under th2 Agree-
ment; and further provided that said period of titne could be ex-
tended by agreement of the parties.
The Salina Community Theatre Association established a campaign
goal of $160,000.00 and at this time approximately $120,000.00 has
been pledged. The Salina Community Theatre Association hereby
requests that the City agree to a six month's extension or until.
._July 12, 1971 \<lithin 'ohich the Theatre may give notice to the City
bf its intention to proceed with the project as provided in paragraph
1 of the Agreement.
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Very truly yours,
UJ'll'l/frr-v U~
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THE SALINA COHt.mNT'J'Y THEA'I'RE ASSOCIATION ~,j
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By
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Jack N. Stewart, Vice President
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