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ksal cancelled 05-05-594 GENERAL RECEIPT CITY OF SALINA SALINA, KANSAS Finance Department Name— PS Address Date AMOUNT Received Payment For 0V Fund or Department Account No. Received B40w�t� No. 78i -2 ce uaua.wact.,, 0 RESOLUTION NUMBER 2158 AGREEMENT THIS AGREEMENT made this Fifth day of May 1959, by and between the City of Salina, Kansas, a municipal corporation of the second class and located in Saline County, Kansas, Party of the First Part, hereinafter called ."City", and Salina Broadcasting Inc., a Kansas Corporation, of Salina, Kansas,.Party of the Second Part, hereinafter celled KSAL. WITNESSETH: THAT WHEREAS City is the owner of a certain water tower operated by its water department and located upon certain real property owned by the City and hereinafter described; and WHEREAS. KSAL desires to construct, maintain, operate and repair certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other incidental radio equipment and protective coverings therefore necessary for the operation of radio station, to be erected, operated and maintained under the authority of the Federal Communications Commission, upon or near City's said water tower and on said real property owned by City; and WHEREAS. City is willing to permit KSAL to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth. NOW, THEREFORE in consideration of the sum of410,n U per annum, payable to the City by KSAL on the =day of 19 and on the same day and same month each year until this Agre ment is terminated, the City agrees to and does here by grant to KSAL the right and license to use and occupy the following described real estate for the location, construction, maintenance, operation and repair of certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables end other radio equipment and protective coverings therefor incidental to and necessary for the operation of a radio station, said real .estate being more particularly described as follows: Mount Barbara Standpipe located in Mount Barbara Park Addition together with the right of ingress thereto and agress therefrom. KSAL shall install said radio communication equipment on a pole set by KSAL on ..said real estate, or shall install the same on one leg on said water tower. Title to all radio communication equipment and structures erected by KSAL shall remain in the KSAL. KSAL agrees to locate, construct, maintain, operate and repair its radio com- munication equipment in such a manner as not to interfere with the normal operation of City's water tower; KSAL waives all claim for damages against the City and agrees that the City shall not be responsible to the KSAL in any way for damages in the event of destruction of the water tower or other improvements by fire, wind storm, or other casualty, or will the City be obligated to rebuild said water tower in the event of its destruction or alteration; and KSAL further agrees to indemnify and hold harmless the City from all claims for any loss, liability, damages to property,'demands, cost and expenses of whatever nature which the City, its employees, or third parties may. sustain from, or growing out of, or incidental to any act or happening in connection, with the location, erection, operation, maintenance or repair of KSAL's radio com- munication facilities, except that such indemnity and hold harmless agreement shall not apply to any claim arising out of or proximately caused by the negligent set or omissions of city, its agent, servants or employees, whether individually or in conjunction with the acts of others. This agreement may be canceled and terminated by the City in the event said water tower is torn down,'abandoned or removed from the above described real property or by three months written notice prior to the end of any lease year in which event KSAL shall remove its equipment therefrom at its own expense. Said agreement may further be canceled and terminated at any time KSAL shall remove its radio communica- tion equipment from said water tower and the above described real property. This agreement and all of the terms and conditions herein shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. IN WrMSS WHEREOF, the City has caused this Agreement to be executed by its Mayor and its corporate seal affixed thereto attested by its City Clerk under and by virtue of authority granted by City Resolution Number 2158 passed and approved at a regu �lar meeting of the governing body of said City on the day of 19 J I iand KSAL has caused the same to be executed by its proper officers thereunto 1. duly authorized and its corporate seal affixed thereto the day and year first above written. Attest: City Clerk THE CITY OF SALINA, KANSAS Hy Mayor, Party ofJAe First Part 0 ORBORATBD m RESOLUTION NUMBER 2158 AGREEMENT THIS AGREEMENT made this Fifth day of May 1959, by and between the City of Salina, Kansas, a municipal corporation of the second class and located in Saline County, Kansas, Party of the First Part, hereinafter called "City", and Salina 'Broadcasting Inc., a Kansas Corporation, of Salina, Kansas „ Party of the Second Part, hereinafter celled KSAL. WITNESSETH: THAT 3 WHEREAS City is the owner of a certain water tower operated by its water department and located upon certain real property owned by the City and hereinafter described; and WHEREAS. KSAL desires to construct, maintain, operate and repair certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other incidental radio equipment and protective coverings therefore necessary for the operation of radio station, to be erected, operated and maintained under the authority of the Federal Communications Commission, upon or near City's said water tower and on said real property owned by City; and WHEREAS. City is willing to permit KSAL to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth. NOW, THEREFORE. in consideration of the sum of 118Ge!!IL_ per annum, payable to the City by KSAL on the day of 19 and on the same day and same month each year until this Agreement is terming ed, the City agrees to and does here by grant to KSAL the right and license to use and occupy the following described real estate for the location, construction, maintenance, operation and repair of certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables end other radio equipment and protective coverings therefor incidental to and necessary for the operation of a radio station, said real estate being more particularly described as follows: Mount Barbara Standpipe located in Mount Barbara Park Addition together with the right of ingress thereto and egress therefrom. KSAL shell install said radio communication equipment on a pole set by KSAL on said real estate, or shall install the same on one leg on said water tower. Title to all radio communication equipment and structures erected by KSAL shall remain in the KSAL. KSAL agrees to locate, construct, maintain, operate and repair its radio com- munication equipment in such a manner as not to interfere with the normal operation of City's water tower; KSAL waives.all claim for damages against the City and agrees that the City shall not be responsible to the KSAL in any way for damages in the event of destruction of the water tower or other improvements by fire, wind storm, or other casualty, or will the City be obligated to rebuild said water tower in the event of its destruction or alteration; and KSAL further agrees to indemnify and hold harmless the City from all claims for any loss, liability, damages to property, demands, cost and expenses of whatever nature which the City, its employees, or third parties may, sustain from, or growing out of, or incidental to any act or happening in connection, with the location, erection, operation, maintenance or repair of KSAL's radio com- munication facilities, except that such indemnity and hold harmless agreement shall . not apply to any claim arising out of or proximately caused by the negligent set or omissions of city, its agent, servants or employees, whether individually or in conjunction with the acts of others. This agreement may be canceled and terminated by the City in the event said water tower is torn down, abandoned or removed from the above described real property or by three months written notice prior to the and of any lease year in which event KSAL shall remove its equipment therefrom at its own expense. Said agreement may further be canceled and terminated at any time KSAL shall remove its radio communica- tion equipment from said water tower and the above described real property. This agreement and all of the terms and conditions herein shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. IN WTPNESS WHEREOF, the City has caused this Agreement to be executed by its Mayor and its corporate seal affixed thereto attested by its City Clerk under and by virtue of authority granted by City Resolution Number 2158 passed and approved at a regular meeting of the governing body of said City on the _day of 19�and KSAL has caused the same to be executed by its proper officers thereunto duly authorised and its corporate seal affixed thereto the day and year first above written. THE CITY OF SALINA, KANSAS Hy Attest: Mayor, Partydf the First P art City Clerk r .J BR CA5lIN )!Cl 1,1, TSD .At •wKP res dent, Partq of e p art . fr'. RESOLUTION NUMBER 2158 AGREEMENT THIS AGREEMENT made this Fifth day of May 1959, by and between the City of Salina, Kansas, a municipal corporation of the second class and located in Saline County, Kansas, Party of the First Part, hereinafter called "City", and Salina Broadcasting Inc.. a Kansas Corporation, of Salina, Kansas,,Party of the Second Part, hereinafter celled KSAL, WITNESSETH: THAT WHEREAS City.is the owner of a certain water tower operated by its water department and located upon certain real property owned by the City and hereinafter described; and WHEREAS. KSAL desires to construct, maintain, operate and repair certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other incidental radio equipment and protective coverings therefore necessary for the operation of radio station, to be erected, operated and maintained under the authority of the Federal Communications Commission, upon or near City's said water tower and on said real property owned by City; and WHEREAS. City is willing to permit KSAL to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth. NOW, THEREFORE. in consideration of the sum of 0° per annum, payable to the City by KSAL on the U day of 19 and on the same day and same month each year until this Agreement is terminated, the City agrees to and does here by grant to KSAL the 'right and license to use and occupy the following described real estate for the location, construction, maintenance, operation and repair of certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables end other radio equipment and protective coverings therefor incidental to and necessary for the operation of a radio station, said real estate being more particularly described as follows: Mount Barbara Standpipe located in Mount Barbara Park Addition together with the right of ingress thereto and egress therefrom. KSAL shall install said radio communication equipment on a pole set by KSAL on said realestate, or shall install the same on one leg on said water tower. Title to all radio communication equipment and structures erected by KSAL shall remain in the KSAL, KSAL agrees to locate, construct, maintain, operate and repair its radio com- munication equipment in such a manner as not to interfere with the normal operation of City's water tower; KSAL waives all claim for damages against the City and agrees that the City shall not be responsible to the KSAL in any way for damages in the event of destruction of the water tower or other improvements by fire, wind storm, or other casualty, or will the City be obligated to rebuild said water tower in the event of its destruction or alteration; and KSAL further agrees to indemnify and hold harmless the City from all claims for any loss, liability, damages to property, demands, cost and expenses of whatever nature which the City, its employees, or third parties may. sustain from, or growing out of, or incidental to any act or happening in connection with the location, erection, operation, maintenance or repair of KSALts radio com- munication facilities, except that such indemnity and hold harmless agreement shall . not apply to any claim arising out of or proximately caused by the negligent set or omissions of city, its agent, servants or employees, whether individually or in conjunction with the acts of others. This agreement may be canceled and terminated by the City in the event said water tower is torn down, abandoned or removed from the above described real property or by three months written notice prior to the end of any lease year in which event KSAL shall remove its equipment therefrom at its own expense. Said agreement may further be canceled and terminated at any time KSAL shall remove its radio communica- tion equipment from said water tower and the above described real property. This agreement and all of the terms and conditions herein shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns: IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its Mayor and its corporate seal affixed thereto attested by its City Clerk under and by virtue of authority granted by City Resolution Number 2158 passed and approved at a regular meeting of the governing body of said City on the day of / 19 and KSAL has caused the same to be executed by its proper officers thereunto duly authorized and its corporate seal affixed thereto the day and year first above written. THE CITY OF SALINA, KANSAS By Attest: Mayor, Party -of the First City Clerk 7 A BRI CA IN I TCORPORATBD XpA•VJ+t� resi ent, arty u the' art r ` I 2, AGREENENT_ RESOLUTION NUMBER 2422 Thhi�s� agreement, made and entered into this --ZL day of by and.between the CITY OF SALINA, KANSAS, a municipal corporation of the first class, located in Saline County, Kansas, hereinafter referred to as the City, and Fred G F?all.9.s DBA Fred Wallis'Company of Salina Kansas, herein- after referred to as the Company, WITNESSETH: WHEREAS the City is the owner of certain water towers operated by its water department and located upon certain real property owned by the.City and hereinafter more particularly described; and, WHEREAS the Company desires to construct, maintain, operate, and repair certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other iricident'al radio and protective coverings therefore necessary for ,the operation of a radio station to be erected, operated, and (maintained under the authority of the Federal Communications Commission upon or near property owned by the City; and, WHEREAS the City is willing to permit said Company to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth; and, NOW THEREFORE in consideration of the sum of S-]0.00 per annum payable to the City by said Company on the. L./ /// day of 1910.(and on the same day and same month each year thereafter until this agreement is terminated, the City agrees to and does hereby grant to said Company the right and license to use and occupy the following described real estate for the loca- tion, construction, maintenance, operation, and repair of certain radio communication equipment consisting primarily of, but not limited to,,an antenna, transmissicn cables, and other radic equipment and protective coverings therefore incidental to and necessary for the operation of a radio station, which said real estate being more particularly described as follows: Southwest quarter.of the Northeast quarter, section 18, Township 14 South, Range 2 1:'est, Saline County, Kansas• together with the right of ingress thereto and egress therefrom. IT IS FURTHER MUTUALLY AGREED by and between the parties hereto as follows: 1. Company shall install said radio communication equipment on a pole set by,said Company on said real estate or shall install the same on said water tower at a place acceptable to said City. 2. Title to all radio communication equipment and structures erected by Company shall remain in the Company. 3. Company agrees to locate, construct, maintain, operate, and repairits radio equipment in such a manner as not to interfer .with. the normal operation of City's water tower; and in the event it is determined that said equipment is interforring with the operation of said City's water tower, Company will upon written notice remove the same. 4. Company waives all claim for damages against the City and agrees that the City shall not be responsible to said Company In any way for damages in the event of destruction of the water tower or other improvements by.fire, windstorm, or other casualty, and that the City will not be obligated to repair said water tower in the event of its destruction or alteration. 5. Company further agrees to indemnify and hold harmless the City from all claims for any loss, liability, damage to pro- perty, bodily injury, demands, costs, andexpenses of whatever nature which the City, its employees, or third parties may sustain from or growing out of or incidental tc any acts or happenings in connection with the location, erection, operations, maintenance, er repair of Company's radio communication equipment; that such indemnity and hold harmless agreement shall not apply to.any :laims arising out of or proximately caused by the negligence or omissions of City, its agents, servants, or employees, whether - individually or in conjunction with the acts of oth,re. 8. Company understandsthat the license and permission to use said water tower is not an exclusive right, and that other license to use said water tower may have been granted prior to the date of this agreement and may be granted to others aubsequent to the date of this agreement; that in the event interference develops to any radio equipment installed prior to the installation of the radio equipment under the terms of this agreement, said Company will be under an obligation to eliminate said interference by special cor.r,ective measured, and in the event that this cannot be accom pllshed, to remove the anten,na.causing such interference. 7. Company agrees to secure the approval of.the.City prior to the construction of any protective coverimgs for radio equip - went which Is built at the base of the water tower, 8. Company agrees to be responsible for maintenance and servicemen of the radio equipment and to ,see that there will be no tampering with water valves and other City Property, and that the gates surrounding said water tower will be closed and locked by their employees or agents when leaving the premises. 9. This agreement may be cancelled and terminated in the event said water tower is torn down, abandoned,.or removed from the above-described real property by the City, in which event said Company shall remove its equipment therefrom at its own expense. Said agreement may further be cancelled and terminated at anytime said Company shall remove its radio communication equipment from said water tower on the above-described real property. This agreement and all the terms and conditions herein shall be binding upon and incure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS wHERECF the City has caused this agreement to be executed by its Mayor and its corporate seal affixed thereto by ity Resolution passed and approved at a regular meeting of the rove.rnino bogy of said City on the day of 0 196, and the Company has caused the same to be executed by its property officers thereto duly authorized and its 1corporate seal affixed thereto the day and year first above writt ATTEST City Clerk 1ATTEST (Secretary. CITY OF SALINA, KANSAS Mayor f ` �.J Fred _S�Valli s_ Mrd. Vn11js Co .,4' Z -i.11 STATE OF KMNSAS, SALINE CCUNTY,ss: BE IT REMEMBERED that on this .– I ( day of 19&d, before me the undersigned, a /No�tary Public in and for the county and state aforesaid, came ` _, Mayor of*the City of Salina, Kansas, as mmuunicipal corporation and city of the first class, and _1j! ,!/= �__ _, City Clerk of said City, who are personally known to to be such officers and who ai personally known .to me to be the persons who executed as such officers the within instrument of writing on behalf of said City and such persons duly acknowledged the execution of the same to be the act and deed of said City, IN TESTIMONY WHEREOF I have hereto set my hand and affixed my seal the day and year first above written, Notary Public My Commission Expires:. STATE GF K.1NS::S,CUNTY,ss. BE IT REMEMBERED that on the —/I day of before me the undersigned, a Notary Public /in and for the County and state aforesaid, came _[ %Ql-.-, who is personal ly known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the exocuti of the same as their free and voluntary act and deed. IN-1ESTINICNY WHEHECF I have hereto set my hand and affixed my seal the day and year first above written. n%,{ &224— Notary Public Expires: My Commission AG_RE EICE NT_ RESOLUTION.NUMBER 2421 Thisagreement, made and entered into this — day of 1910 by and.between the CITY OF SALINA, KANSAS, a municipal corporation of the first class, located in Saline County, Kansas, hereinafter referred to as the City, and i�=,cL_G 5°alI is Vml]AS ComipanY _ _, of Salina ._, Kansas, herein- after referred to as the Company, WITNESSETH: WHEREAS the City is. the owner of certain water towers operated by its water department and located upon certain real property owned by the City and hereinafter more particularly described; and, WHEREAS the Company desires to construct, maintain, operate, and repair certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other incidental radio and prolective coverings therefore necessary for .the operation of a radio station to be erected, operat.ed, and maintained under the authority of the Federal Communications Commission upon or near property owned by the City; and, WHEREAS the City is willing to permit said Company to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth; and, NUW THEREFORE in consideration of the sum of $_10.00 per annum payable to the City .by said Company on the —LL day of 19_6U, and on the same day and same month each year thereafter until this agreement is terminated, the City agrees to and does hereby grant to said Company the right and license to use and occupy the following described real estate f'or the loco tion, construction, maintenance, operation,.a3:d repair of certain radio communication equipment consisting primarily of, but not limited to, an antenna, trdnsmissicn cables, and other radio equipment and protective coverings therefore incidental to and necessary for the operation of a radio station, which :said real estate being more particularly described as follows: Southv:rest quarter of the Northeast quarter, section 182 Township 14 south, Range'2 !:'est, Saline County, Kansas together with the right of ingress thereto and egress therefrom. IT IS FURTHER MUTUALLY AGREED by and between the parties hereto as follows: 1. Company shall install said radio communication equipment on a pole set by said Company on said real estate or shall install the same on said water tower at a place acceptable to said City. 2. Title to all radio communication equipment and structures erected by Company shall remain in the Company. 3. Company agrees to locate, construct, maintain, operate, and repairits radio equipment in such a manner as not.to interfer .with. the. normal operation of City's water tower; and in the event it is determined that said equipment is interforring with the operation of said City's water tower, Company will upon written notice remove the same. 4. Company waives all claim for damages against the City and agrees that the City shall not be responsible to said Company Ilin any way for damages in the event of destruction of the water tower or other improvements by.fire, windstorm, or other casualty, and that the City will not_be obligated to repair said water tower in the event of its destruction or alteration. 5. Company further agrees to indemnify and hold harmless the City from all claims for any loss, liability, damage to pro - party, bodily injury, demands, costs, andexpenses of whatever nature which the City; its employees, or third parties may sustain from or growing out of or incidental to any acts or happenings in connection with the location, erection, operations, maintenance, or repair of Company's radio communication equipment; that su^_h ,indemnity and ]cold harmless agreement shall not apply to any claims arising. out of or proximately caused by the negligence or omissions of City, its agents, servants, or employees, whether' individually or in conjunction with the acts of oth,re. 6. `Company understandsthat the license and permission to use said water tower is not an exclusive right, and that other licensee Ito use said water tower may have been granted prior to the date of this agreement and may be granted to others subsequent to the date of this agreement; that in the event interference develops to any radio equipment installed prior to the installation of the radio equipment under the terms of this agreement, said Company will be under an obligation to eliminate said interference by special corrective measured, and in the event that this cannot be accom plished, to remove the antenna.causing such interference. 7. Company agrees to secure the approval of. the .City prior to the construction of any protective coverings for radio equip- ment which Is built at the base of the water tower, S. Company agrees to be responsible for maintenance and servicemen of the radio equipment and to ,see that there will be no tampering with water valves and other City Property, and that the gates surrounding said water tower will be closed and locked by their employees or agents when leaving the premises. 9. This agreement may be cancelled and terminated in the event said water tower is torn down, abandoned,, or removed from the above-described real property by the City, in which event said Company shall remove its equipment therefrom at its own expense. Said agreement may further be cancelled and terminated at any time said Company shall remove its radio communication equipment from said water tower on the above-described real property. This agreement and all the terms and conditions herein shall be binding upon and incure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHERECF the City has caused this agreement to be executed by its Mayor and its corporate seal affixed thereto by City Resolution No,A2'�q__I� L passed and approved at al regular meeting of the aoveininp, body of said City on the _ t_I day of 19C 1d and the Company has caused the same to be Ilexecuted by its property officers thereto duly authorized and its (corporate seal affixed thereto the day and year first above written. ATTEST City Clerk FATTEST Secretary. CITY OF SALINA, KANSAS Mayor J Fred ai DA$-Ssed.is Corti (STATE OF KANSAS, SALINE CCUNTY,ss: BE IT REMEMBERED that on this .1L day of 19__1 before me the undersigned, a Notary Public in and for the county and state aforesaid, came �ti1--` City Mayor of the City, of Salina, Kansas, a m icipal corporation and city of the first class, and COUNTY, as City Clerk of said City, who are personally known to me to be such officers and who personally known to me to be the persons who executed as such officers the within instrument of writing on behalf of said City and such persons duly acknowledged the execution of the same to be the act and deed of said City. IN TESTIMONY WHEREOF 1 have hereto set my hand and affixed my seal the day and year first above written. Notary Public My Commission Expires.. ?Z STATE OF KANSAS,"_L�''_'' COUNTY, as BE IT REMEMBERED that on the-� day oic 1CC, before me the undersigned, a Notary in and for the County �L' and state aforesaid, came _ who is personal ly known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the executio of the same as their free and voluntary act and deed. IN 2ESTIMCNY WRERECY I have hereto set my hand and affixed my seal the day and year first above written. A Notary Public My Commission Expires:_