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March 17 1959 Agreement A G R E M M E N T THIS AGREEMENT, Made this 11 day of 4. 194 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 The Kansas Power and Idght Company, a Kansas corporation, of Topeka, Kansas, Party of the S000nd Part, hereinafter oalled "Power Company". WITNESSETHs 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, Power Company desires to construct, maintain, operate and repair pertain radio communication equipment consisting of, but not limited to, an antenna, transmission cables, and other incidental radio equipment and protective coverings therefor necessary for the operation of a radio station, to be erected, operated and maintained under the authority of the Federal Communioations Commission, upon or near City's said water tower and on said real property owned by the City; and Whereas, City is willing to permit Power Company to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth. // W NOW, T1REFORE, in consideration of the sum of—#/0�O '-- per annum, payable to the City by the Power Company on the /7 day of \'e1',<',,l.J , 19.L., and on the same day and same month each year until this Agreement is terminated, the City agrees to and does hereby grant to Power Company 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 and other radio equipment and protective coverings therefor incidental to and neo'woary for the operation of a radio station, said real estate being more particularly • described as follows: Southwest Garter of the Northeast Garter, Section 18, Township 14 South, Range 2 West, Saline County, Kansan, together with the right of ingress thereto and ogress therefrom. Power Company shall install said radio communication equipment on a • pole set by Power Company on said real estate, .or shall install the same on one log of said water tower. Title to all radio communication equipment and structures erected by Power Company shall remain in the Power Company. _ I Power Company agrees to locate, construct, maintain, operate and repair its radio communioation equipment in such a manner an not to interfere with the normal operation of City's water tower; Power Company waives all claims for damages against the City and agrees that the City shall not be responsible to the Power Company 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 Power Company 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, maintanance Sr repair of Power Company's radio communication facilities, except that suoh indemnity and hold harmless agreement shall not apply to any claim arising out of or proximately caused by the negligent acts or omissions of City, its agent, servants or employees, whether individually or in conjunction with the acts of others. This Agreement may be oanoelod and terminated in the event said water Loser is torn down, abandoned or removed from the above described coal property by the City, in which event Power Company shall remove its equipment therefrom • at its own expense. Said Agreement may further be canceled and terminated at any time Power Company shall remove its radio communication 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 WIiUESS WHEREOF, the City has caused this Agreement to bo executed by its Mayor and its corporate Goal affixed thereto attested yy by its City Clerk 2 _ • • • under and by virtue of•authority granted by City Resolution Ho. 94 3 / passed . and approved at a regular meeting of the governing body of said City on the 1 7 , day of 'AA.'o-.c.A,J , . 1 9 and Power Company 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. TICE CITY OF SALINA, KANSAS . ATTEST. BY ,• 0 - .....:±-- MAYO , P- .t •f no First Part .. /- Y 7 L.1T..q City Clerk THE KANSAS PO')a AND LIGHT COMPANY ATTEST. - BY r�'tt . • VICE PR:.sIa.+ , Party of the Second Part lea-t.?. • Oretary .STATE OFF KANSAS . SS. • SLLINE, COMM ) , l BE IT REY:El-WREN,' that on this 1 7 , day of `\ r1-....1..) , 1911 before me, the .lde si6aed, a Notary.Public in and for the County and State afore'- . said, cane - _.`/fez-a -L.. ) , rnyor of the City of Salina vu3::s, a municipal corporation an4l City of the s.1eeadrOlass, and •�C- ft cl l City Clerk of said City, who are personally known to me to be such officers, and Who . are personally known to me to bo the persons who executed as such officers, the writhing instrument of writing on behalf of said City, and such persons duly acknowledged the execution of the same to be the aot and deed of said City. IN TESTIMONY WIEBEOF, I have hereunto set my hand a d affixed my seal the day and year above written. • • . My Commission Expires. .A -r-c."-ei4 4/I.Ti� Notary iublio Y 1"n,.f r7 ,9 , / . AGREEMENT . 'This agreement, h/r..ade and entered into this day of • ` "`L L} ; 19 )< by and between the CITY OF SALIVA, KANSAS, a municipal corporation of the first class, located in Salino County, •- • Y Kansas, hereinafter referred to as the City, and Kansas Power and Light Compary, •of Salina, Kansas, hereinafter referred to as the Company, WYE ZSSETH: . WHEREAS. the City is the owner of certain water towers operated • by its water department and located upon curtain real property owned • . by the City and hereinafter more particularly described; and, •. WHEREAS the,Company desires to construct, maintain, operate, and repair certain microwave communication equipment consisting of, but not limited to, dishes, reflectors, transmission cables, micro- . . wave equipment, and other ins?dental t.ierawave and protective cover- ings therefore•necessary for the operation of a microwave station to . be erected, operated, and maintained under 'the authority of the Federal . Ccmnunications 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,•• - • 1 N57.4 THEREFORE in consideration of the sum of $10.00 per annum i•paya ble to the City by said Company on the ) / day of -/.I , • 19(n/-1//, and on.the same day and same month each year thereafter until this agreement is terminated, tho City agrees to and does hereby grant to said Cos.?any the right and license to use and occupy the following • described real estate for the location, construction, maintenance, operation, and repair of certain microwave communication equipment consisting primarily of, but not limited to, dishes, reflectors, trans- • + mission cables, and other microwave 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: • Scuthaest Quarter of the Northeast Quarter, Section 18, T=Iship 4, South, Range 2, West, Saline, County Kansas (Gypsum Hill Cemetery) • • together with the right of ingress thereto and egress therefrom. • IT IS FORMER MUTUALLY AGREED by and between the parties hereto as follows: ' 1. Company shall install said microwave communication equipment; install on said water tower at a place acceptable to said City. 2. Title to all microwave communication equipment and structure • • erected by Company shall remain in the Company. • 3. Company agrees to locate, construct, maintain, operate, and repair its microwave equipment in such a manner as not to interfere • with the normal operation of City's water tower; and in the event it is determined that said equipment is' interfering 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 property, bodily injury, demands, costs, and expenses 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 Corpany's microwave communication equipment; that such indemnity and hold harm- n • less agreement shall not apply to any claims arising out of or prosi- mately caused by-the negligence or omissions of City, its agents, ser- vents, or employees, whether individually or in conjunction with the acts of others. • 6. Company understands that the license and permission to use said water tower is not an exclusive right, and that other licenses to use said water tower may have been granted prior to the date of • this ageeement and may be granted to others subsequent to the data of this agreeeen ; that in the event interference develops to any radio equipment installed prior to the installation of the microwave equipment under the terms of this agreement, said Company will be ' under an obligation to eliminate said interference by special correc- tive measures, and in the event that"this cannot be accomplished, 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 microwave equipment which is built at the base of the water tower. - 6. Coepaity agrees to be responsible for maintenance and service- men of the microwave equipment and to see that there will be no tamper- ing with water valves and other City property, and that the gates sur- rounding said water tower will be closed and locked by their employees • or agents when leaving the premises. u:. This agreement ray be cancelled and terminated in the event said water tower is torn down, abandoned, or removed from the above . described real property Ly 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 re- • _, move its microwave 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. D WITNESS WHEREOF the City has caused this agreement to be exe- I cutod by its Mayor and its corporate seal affixed thereto by City 'z c1 Resolution Go. 7�G 1 'passed and anprcvedd at a regular meeting of the governing body of said City on the J ( day of 72-6 15!r , and the Company has caused the same to be executed by its property officers thereto duly authorised and its corporate seal affixed thereto the day and year first above written. CITY OF SALIVA, KANSAS ATTEST ��> .... mac; `'l�.r-�� _ Mayor city Clerk The Sanses Power and Light Company ATTEST ay 11 • STATE CT' vAuv_AS, SALINE CGU1 I, ss: • n IT R uiRdRED that on this 3/ da y of , 1 . 19 (^''-v/, before,me the undersigned, a,NNotary Public in and for the county and state aforesaid, cane if '. eCv . ....__t: . , Mayor 1 . of the City of Salina, Kansas, a municipal corporation and city of the first class, and ' 7( L 1i Cuti.c<17 , City Clerk of said • " . . City, who are personally :norm to ne to be such officers and who are. . . personally known to no to be the parsons 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 dead of • said City. . • _, '- TJI.TESTB1GLY 'AP RFOF I have hereto set my hand and affixed my - seal- the day and year first above written. . . . . �/./ 'f.'.QY Comr.:italen i_::pir_s July 71, 1965 !^'�4�/' - L[<..r-,.-- -, . Notary Public fly Commission Expires: p'�' / STATE OF ?mJiSBS, • .14.16<t)tW COUNTY, ss//r�� • DE IT REMEMBERED that on the ✓-i:t day of u=C ,/ 19 69-)", . .' before me the undersigned, A Notary Public in and for the County and state aforesaid, came BALFOUR S. JEFFREY , who is personally kown to me to be the same person who executed the above and foregoing • instrument of writing and duly acknowledged the execution of the same as their free and voluntary act and deed. • DI TESTIUCHY WiETLEOF I have hereto set my hand and affixed my seal 1\ the day and year first above written. 1 U',,7G'4 erieZ L-o�1 ' Notary Pul?{°o • ,'Iy Commission Empires: .. ,,i/L.ec 9 /y/,_5 `l I' • .