Loading...
Oct 13 1962 Agreement, RESOLUTION NUMBER�� / AGREFMENT THIS AGREEMENT made this Thirtieth day of October 1962, by and between the City of Salina, Kansas, a municipal corporation of the second class and located in Saline I' County, Kansas, Party of the First Part, hereinafter called "City" and Vernon's Supply i Company, Inc., a Kansas Corporation, of Salina, Kansas, Party of the Second Part, here- inafter called Vernon's Supply. WITNESSETH: THAT WHEREAS City is the owner of a certain water tower operated by its. water depart- ment and located upon certain real property owned by the City and hereinafter described: and WHEREAS Vernon's Supply desires to construct, maintain, operate and repair certain radio communication equipment consisting of, but not limited to, an antenna, trans- mission 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 Vernon's Supply to occupy said real estate for said purpose upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the sum of $10.00 per annum, payable to the City by Vernon's Supply on the ':�o day of 19 L7/and on .� the same day and same month each year until this Agreement is terminated, the City agrees to and does hereby _grant Vernon's Supply the right and license to use and occppy the following described real estate for the location, construction, maintenance, opera- tion and repair of certain radio communication equipment consisting of, but not limited to, an antenna, transmission cables and other radio equipment and protective coverings c� therefor in cidc:i:.i w and necessary foi the operation of aYradLo station, said real estate being more particularly described as followst + Gypsum Hill Water Tower located at the intersection of Greeley and East Upper Mill ilei,_hts Road, together with the right of ingress thereto and ogress therefrom.1 Vernon's Supply shell install said radio communication equipment.on a pole set Eby I Vcrnon's Supply on said estate, or shall install the same on one leg of said water tower. I Title to all radio communication equipment and structures erected by Vernon's Supply shall remain in the Vernon's Supply. _ h a Vernon's Supply agrees to locate, construct, maintain, operate and repair its radio communication equipment in such a manner as not to interfere with the normal operation of City's water tower; Vernon's Supply waives all claim for damages against the City and agrees that the City shall not be responsible to the Vernon's Supply in any way for damages in the event of destruction of the water tower or other improvements by fire, wind storm, or other casualty,nor will the City.be obligated to rebuild said, water tower in the event of its destruction.or alteration; and Vernon's Supply 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� i repair of Vernon'sSupplyraido communication 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 omission 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, abandonedor removed from the above described real property or by: three months written notice prior to the end of any lease year in which event Vernon's Supply shall remove its equipment therefrom at its own expense. Said agreement may further be canceled and terminated by any time Vernon's Supply shall remove its radia 'r 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 insure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WREREOF,, 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 i of authority granted by City Resolution Number ?'b / ( passed and approved at a regular meeting of the governing body of said City on the �« day of 19 mom" and Vernon's Supply has caused the same to be executed by its proper officers thereunto duly authorized and its corporate seal affixed thereto the day and year fii�rst above written. Attest: City Clerk THE CITY OF SALINAA/, KANSAS Mayor, party of the First Part I i 1 I VERNON"S YLY COMPANY' INC. BY Prea dent, Party of the Second Part i ATTEST . Secretary J i