The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-11

ing of said organ in said Auditorium,
at which time the same shall thereupon
become the absolute property of the
city of Topeka.
The city of Topeka shall, in no man
ner whatever, become liable for any
debts or obligations contracted in the
purchase, erection or maintenance OF
said organ, and the work of putting in
said organ shall not be commenced I'M
til the party furnishing the same, and
the party contracting to put the same
in shall file with the city clerk a salts
factory release of said city from any
liability in connection with the pur-
chase or erection of said pipe organ.
Said party of the second part shall
have the right to create a mortgage CT
other lien on said organ for the pur-
pose only of paying the purchase price
of said organ and the cost of putting
the same in; after said organ is put in
it can be taken out only pursuant to
legal proceedings to enforce the lien
aforesaid
Said organ shall remain and be under
the custody. management and control
of the party of the second part for the
period of twenty years from the time
said organ is erected in said Audi
forum with power to Tx and collect
schedule of rates for its use, subject,
however, to the right of party of the
first part to exercise a supervisory
control of rates to the end that they
shall be made reasonable; and after
said organ and the erection thereof has
been fully paid for, the proceeds de-
/ rived from the use thereof shall belong
to the party of the first part, the party
of the second part having the right to
retain or receive an amount sufficient
to pay the cost of maintaining the said
! organ
And it is agreed that in considera-
/ ton of said party of the second part
putting said organ into said Audi
torium, and for the purpose of en-
abling said party of the second part to
pay for the same and the city in the
end to acquire said organ for the use
and benefit of the public, the use of the
Auditorium is hereby pledged and
granted to said party of the second
part until such time as said organ
shall be fully paid for as herein pro-
Vided, not exceeding five years, in the
manner and upon conditions as fol-
lows:
In all applications made for the use
of the Auditorium where the use there
Of is to be for profit, the application of
said party of the second part shall re-
ceive preference over other aODlica-
tons; and in all applications for the
use of the Auditorium for profit by
parties other than party of the second
part, the same shall not be granted
until said party of the second part
shall be first given an opportunity to
make the best possible terms with the
applicant to the end that portion of
the proceeds of any entertainment
shall be devoted to the pipe organ
| fund, and in such case before the use
of the Auditorium is granted the
terms and conditions shall be first re-
ported to and approved by the mayor
and council: the purpose on the part
of the mayor and council being, in so
far as possible, to assist the party of
the second part in procuring the funds
with which to pay for said organ.
It is, however, understood that the
party of the first part reserves the
right to determine when and in what
manner and upon what terms and to
whom the use Of the Auditorium shall
Auditorium for profit" herein is meant
q use for private profit, and not a use,
even though an admission fee is charged
where the proceeds are to be devoted
to some religious, educational, charit-
able or benevolent purpose.
All funds derived from the use of said
organ and from the use of said Audi
, forum as above set forth, subject only
to the actual, necessary and legitimate
expenses, shall be held, kept and APP
. piled by said party of the second part
exclusively for the purpose of paying
for said pipe organ as fast as the pay
ments thereon shall become due But
any sum of money on hand at any time
! in excess of $500 shall be paid over and
applied thereon whether payments are
due or not.
In case any differences should arise
between the parties hereto as to the
manner of locating and placing said or
gan and determining what changes IL
the building, if any, shall be made, the
city engineer of said city shall deter
mine all of said differences. But n<
changes shall be made affecting tn,
walls of said Auditorium without ths
consent of the mayor and council
All electrical appliances put in in con
nection with said organ shall be put ii
under the direction. of the fire marsha
and city engineer of said city, and par
ty of the second part shall be afforded
ample facilities in the control and us
: thereof.
In case of removal of said organ
[ from said Auditorium such remova
: shall be made under the direction of tn
city engineer and the party of the sec
!. ond part shall at its own expense re
store said building to its former condi