May 1 1961 Agreement •
AGREEMENT
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• 'F
This agreement , made and entered into this 1st day of ,.
_ May , 19 6i, by and. between the CITY CF S:LINA, KANSAS, a
municipal- ccrporation of the first class, located in Saline County,
Kansas , hereinafter' referred' to as the City, .and ,General •
• Communications Service Co. , of Wichita_ _, 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, •
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• 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 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 I
said real estate for said purpose upon the terms and conditions
•
hereinafter set forth ; and, • '
• NOW THEREFCRE in 'consideration of the sum of $ 10.0Q per
annum payable to the City by said Company on the 1St day. of
M2 1961, 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'
a tion , construction, maintenance, operation , and repair of certain
•
radio communication equipment consisting primarily of , but not
limited to, an antenna, transmission cables, and other radio
equipment and protective coverings therefore incidental to and
necessary for the operat ! en of a radio station, which said real
1
estate being more particularly described as follows ; •
City water tower Lots 29 -30 - 31 - 32 - 33
Block 10, Calkins Addition Salina, 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 repair its 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 interferring 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
s
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-
petty, bodily injury, demands, costs, andexpenses of whatever
nature which the City, its employees, or third parties may sustain
• q from or growing out of er incidental tc any acts or happenings in
connection with the location, erection, operations , maintenance,
or repair of Company's radio communication equipment ; that such
indemnity and hold 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 othrs.
6 Company understands that the. license and permission to use
said water tower is not an' exclusive right , and that other liconsce
to 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 measures", and in the event that this -cannot he accum-
plashed, 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-
•
menu 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.
7 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 WHEREOF the City has caused this agreement to he
executed by its 'layer .and its corporate seal affixed thereto 'by
City Resolution No.._ .__ passed and approved at' a rerular
meeting of the rnve'rnie body of said City on the _, ..___, day of
• _ __._____, .,, 19 _, and the Company has caused the same to be
executod by its property officers thereto duly authorized and its
corporate seal affixed thereto the' day and year first above written-
CITY
�JO FFF SALINA, KANSAS
• By!i ' ',1/��Ll�f
ATTEST Mayor •
• City Clerk •
G( (//
General Communications Service Co.
ATTEST DX– .
Secretary .
. .
STATE OF KANSAS, SALINE COUNTY,es: •
DE IT REMEMBERED that on• this ._.!___ day of _, 19
1
before me the undersigned, a Nota ry' Public in .and for the county
and state aforesaid, came Mayor of the
City 'of Salina, Kansas, a muD- ipal corporation and city of the
first class , and I. if — ._ "1 _ --. City Clerk of said
City, who are personally known to me to be such officers and, who ar
• 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 TESTIMCNY WHEREOF 1 have hereto set My hand and affixed
my seal the day and year first above . written.
Notary Public
•
My Commission Expires :. - .�. —_ 1
STATE CF KANSAS, -SedLwick_CC•U NTY, ss :
BE IT REMEMBERED that on the 1st day of MW , 19.63.
before me the undersigned, a Notary Public in and for the Count
• and state aforesaid, came -___Othal_p. Vriina ., who is persona:
ly known to me to be the same person who executed the above and
foregoing instrument of writing and duly acknowledged the exenuti
of the same as their free and voluntary act and deed .
•
. .
•
IN 1LSTIMcNY WNENELF I have hereto set my hand and affixed my
sea] the day and year first above written.
•
4111.1.1.P.
L.
Notary Publ c
My Commission Expires : Play 26, 1962
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. RESOLUTION. NO. g.02_
AGREEMENT • .
.
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'g K/ITThis Agreement, made and entered into. this /� '.day of
/- '��`—�, 191k_f1 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 General•
Communications Company_ Salina
_ _, of ____, 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 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, . ' .
' i
NOW THEREFORE in consideration of the sum of $ 10.0 •. per
,
annum payable /t/,o the City by said Company on the ! '' day. of
•� _.(`'_�,�__, 196a, 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 loci
. p Lion, construction, maintenance, operation , and repair of certain
radio communication equipment consisting primarily of , but not
limited tc, an antenna, transmission cables, and other radio ,
equipment and protective coverings therefore incidental to and.
• necessary for the operatlr..n of a radio station, which said real
estate being more particularly described 'as . follows :
Notthwest Quarter of the Southeast Quarter Secion 23, '.
Township 14 South, Range 3 West, Salina County, Kansas
• (Sunset Park Water,Tower)
together with the right of ingress thereto aad 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 repair its radio equipment in such a manner as not .to interior
•
.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. I
4. Company waives all claim for damages against the City
• and agrees that the City shall not be responsible to said Company/
l
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 tow
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 pry
petty, bodily injury, demands, costs, andexpenses of whatever
nature which the City, its employees, or third parties may su!
a from or growing out of er incidental tc any acts or happening
connection with the location, erection , operations , maintenar
or repair of Company 's radio communication equipment ; that s
• indemnity and hold harmless agreement shall not apply to an;
claims arising out of or proximately caused by the negligen
1
•
omissions of City, its agents, servants , 'or. employoes, whether •
individually or in conjunction with the acts of entre.
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 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 measures', -and in the event that this -cannot be acoom
pllshed, 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-
. men • 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 I
gates surrounding said water tower will be closed and locked by
their employees or agents when leaving the premises.
•i r 111
9. This agreement may be cancelled and terminated in the 1
event said water tower is torn down, abandoned,. or removed from
•
the above-described real property by the City, in which event sal
Company shall remove its equipment therefrom at its own expense.l
Said agreement may further be cancelled and terminated at any ti
I
said Company shall remove its radio communication equipment fro
said water tower on the above-described real property.
•
This agreement and all the terms and conditions herein shl
be binding upon and incure to the benefit of the parties heret
•
their respective successors and assigns.
IN WITNESS WHERECF the City has caused this agreement tc
executed by its eyer 'and its corporate seal affixed thereto/
City Resolution No._2`/39_ _ passed and approved at ' a re1•ular
�
meetiun, of the covernlgg body of said City on the _/7
day!
;at.-- _ , 19A, and the Company has caused the same to be
executed by its property officers thereto duly authorized and its
corporate seal affixed thereto the' day and year first above written. t,
CITYY OFFSSALINA, KANSAS +
•
ATTEST • • Mayor
I
G� __ •
• City Clerk
General•M/o///mmmmuuniicat ions Company
ATTEST f�-G PAI01-p--f�
Secretary. I
STATE OF KANSAS, SALINE CCUNTY,ss: •
/!
• - BE IT REMEMBERED that on• this /1 -? day of 49-1-0.. _, 19 1
lir
before me the undersigned, a Notary Public in and for the county
• and state aforesaid, came __ PA^l-1, `_' :-</ _, Mayor of the
City •of Salina., Kansas,� /tea m nicipal corporation and city of the
. first class,' and _cC _ _`. L. r14_}1 _ _, City Clerk of said j
City, who are personally known to me to be such officers and who a;
_ personally. known to no 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 TESTIMCNY WHEREOF 1 have' hereto set My hand and affixed /
my seal the day and year first above written. I
Notary Public
1
ca My Commission Expires :, _Aiad 27 /70' __ f
1
STATE CF KANSAS, e4 COUNTY, ss :
BE IT REMEMBERED that on the 17 day of .mac. _, l9_6_0/
. before Inc the undersigned, a Notary Public in and for the Cot
IA
and state aforesaid , came .__._ a,...4 -'u,>'-,_-___ , who is pc/
I
ly known to me to he the same person who executed the above '
I
• foregoing instrument of writing and duly acknowledged the
of the same as their free and voluntary act and deed.
.. I
. .. . I
IN lES11MtNY WHERELF I have hereto set my hand and affixed my
seal the day and year first above written.
Notary Public
My Commission ExpireS: J8 161 /@.±.111
ci
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.. ._ ... . . .. RESOLUTION NO. 21i0
• •
AGHEENENT _ '
• This agreement , made and entered into this / day of
O1-1Q—/ , 1965; 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 General
Communications Company . of Salina _� Ha vsas, 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, 'Il
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
j incidental radio and protective coverings therefore necessary for
the operation of a radio station to be erected, operated, and '
IImaintained 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 THEREFCRE in consideration of the sum of 510.00 • per:
annum 'payable to the City by said Company on the ).5 day of
_ r(Q�-� 19.4 and on the same day and same month each year
`l
• thereafter until this agreement is terminated, the City agrees
to and does hereby grant to said Company the right and license,
use and occupy the following described real estate for the be
tion, construction, maintenance, operation , ai.d repair of cert
•
radio communication equipment consisting primarily of , but no:
limited to, an antenna, transmission cables, and other radio '
I equipment and protective coverings therefore incidental to ai
• necessary for the operat !en of a radio station, which said
i
. . fell Ow
!�I, estate being more Particularly described .as
• uartez, Section 18,
of the Northeast Quarter, Kansas
oar , Range 2 igest, Saline,
Tonthwaet Q .
TowenhiP South, Cemetery)
(Gypsum Hill
ingress thereto
and egress therefrom.
the right of 1^B the parties
together with and between
1T IS FURTHER MUTUALLY AGREED by
hereto as follows °
communication equipment
nt
shall install said radio
or shall install
. on a pole set abY said Company on said lace acceptable said City•
to.
said water tower at a P
theaamo on
• 2. T}tie to all radio communication equipment and structures
' - remain in the ComPanY•
shall maintain, operate,
erected by Company tract,
• agrees to locate, cone interior
S, Company
a manner as not .to Sole
equipment in such
tower; and in the event
' repair. its radio ettuip
and rep City's water
' � operation of with the
wltri the. normal oRe is tnterforrin8
d that said equipment
� it is determine
Company will upon written
I operation of .said City's
water tower,'.
- the same. the City
remove damages against
'' notice claim tor waives all to eaEdCOmpan;
q, Company responsible and agrees that the city shall not be f destruction of
the water
for damages in the event
dest
in any way
windstorm, or other casualt
t
improvements by. fire, to,
other d to repair said water
tower or be obligate
and that the City will not
. in the
' event of its destruction or alteration.agrees
to indemnify and hold harmless
5• Company further damage to Pr'
all claims for any lows, liability ,
City and ex Pensea of whatever
the from
bodily injury, demands , coats, or third parties su!
may
party, thi
the City, its employees,'nature which
tr any acts or happening
of or incidental
or growing out malntenan
� - from operations ,location, erection, 9;
with the equipment ; that
a connection
or repair of Company 's radio communication
ommon at,h shall not apply any
to
hold harmless agreement
caused by the nsg114e n(
indemnity and
claims arising out of or proximately
�, whether '_.. .. : employees,
of City , its agents, servants , or
of oth-re.
omissions the acts �i
tion with on to use
or in conjunction and permission individually license
8• Comps Y underst and that the-
riB a^d other lleonse"
Company that �',f•:r ht r
is not an exclusive the date said water tower have been granted prior to date
to use water tower ma.Y d to others subeeRuent to the said
agreement and may
be granted develops. to any
t heov°nt Sntorierenco
this
. that S^ of the radio
of this agreement ; the installation
prior to will be
' equipment installed p said Company radio sR of this aE r°omontr
terms special
equipment under the interference by
to eliminate said interf0
obligation this cannot be noc��m
1 alien
i under an - the event that
meaeuredr '^nd in ranco•
such interference.
.I corrective prior
the antenna .causing pity. P
to remove ravel °t' thO
j plSehedr Secure the aPP uSp'
• a6rep0 to! e for radio equip-
.
7 • ComPanY oovoriml{
the aonotruction of anY protective
.. to at the flea of
the water, tower,
moot which is built
for maintenance and
to be raoponaible will be n
Company agrees that there tl• t end to sou
■ radio equipment end that thu
of City irOP
the , or Y.
eorvloamon and other
water valved and looked by
tampering with ^ elated
said water tower w111 b
. . nunAing the promises .gates Burr
or agents when leaving in too
emploYaOS and
their may bo cancelled from
agreement onad„ or removed
p� This a8 aband
� ,� torn downs event s
said welt, tower is City , in which
event property by the
real I at its own oxD°^a.
the abov o- deserlbed therefrom
its equipment aaY
remove d and terminated nt.
Company shall
cancelled equipment at fl
Oaid agreement may further be tie^
shall remove its radio communication
repo rtY•
said Came
• t; water tower on the above-described conditions heroin
' said all the terms her.
agreement and parties This the benefit of the P
upon and incurs to
r.
be binding and. assigns.
Pective successors s thin agreement 1
their resP has caused
waglfECF the City the rsY
IN WIT NE S.+ seal affixed
. 'its Mayor and its corporate,
_ passed and approved at a :'n v_u L^
executed by
en on the. I City Iie sol of said city meet lug of the gevrrr.f or, body
i
has caused the same to be
. .. . /0,, � 19 (<0 and the Company and it s•
., -- ��""'�'-_. ._+ duly authorized
property officers thereto written.
I its year first above
executed by - day and Y
i corporate seal affixed thereto the KANSAS
CITY CF SdLINA
• eY' Mayor
ATTEST I
•
rk Communicat_ions Company I
City Cle General
ATTEST
seoretarY ae:
KANSAS,, SALINE COUNTY , 19_-1
STATE OF / )' day oY `.
that on this - _ county
BE IT REMEMBERED Public in and for the
undersigned, a Notary of
the
me p � � Mayor
before ___C-Iii___K .J
came / and city of the
and state aforesaid, oration
Kansas, a municipal corp
1" City Clerk of said
City of Salina,
�/ e.'l, v^ . �, who
and such officers and
first class, to be
er_s onallY known to me
_ City, who are p
who executed as such
on behalf of said City personally known to me to be the persons
of writing
� � officers the within
instrument of the same to
• and such persons duly acknowledged the execution
City.
be the act and deed of said affixed
`� IN TESTIMONY WHEREOF 1 have hereto set My hand and
the day and year first above written.
my seal _
Notary Public
Commission Expires:.� 2/ � —
My e ../ C(iU:7TY ,ss '
cI. ffirf_ 194e ,
• GF KANSAS, - -'
STATE the _J day of
Public in and for the Cou
SA BE 1T REMEMBERED that on
the undersigned, a Notary
■ _ who is psi
before me -� '
e ,`,`�
state aforesaid , cam .
and
person who executed the about
me to he the Sallie Pers the ex
ly known to acknnwl rdFed
foregoing in,,trument of writing and duly
. .�
1 of the same as their free and voluntary :Oct and deed .
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‘'; . . •
i IN
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lESTIMQNY VUERELF I have hereto sot my hand and affAxed my
\ . . seal the day and year first above written.
‘ ' - . I( —
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--
. . . . Notary Public .
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y Comm io .
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REC
_
AG HE ESNT _
ly aaY of
made and entered into this
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This a6 reement , OFS;LINA,
KANSAS, a
CITY
` ,(/ 196f by and. between the Saline KANSAS, a
/ ��—� located in
first class . —
corporation of the General_ _______—
municipal the City; and _ i
hereinafter' ref erred- to as P
Salina �_, Kansas , herein-
.
_,
_, of
Co�ication�Y----" WITNESSETH:
after referred to as the Company.
City is• the owner of certain water towers
i certain real
' WHEREAS the upon
water department and located
operated by its
j property
owned by the City and hereinafte r more particularly
III described;I WHEREAS and, maintain, operate,
the Company desires to construct,
� - E AS
eQUlpment consisting of ,
repair certain radio communication and other
and cables,
an antenna, transmission for
but not limited to, s theref ore necessary•JI and protective covering
i radio operated, and
incidental to be erected,
'1 operation of a radio station
the oP°
of the Federal Communications
under the authority and,
maintained owned by the City ;
upon or Hoar property occur
to permit said Company to
Commission
WHEREAS the City is willing
•
• said real
estate for said purpose upon the terms and conditions
•
1 r set forth; and, __ p
hereinafter of the sum of S_
10.00
NOW THEREFORE in consideration � � day of
to the City by said Company on the
able same month each Year
annum. pay day and
d on the same
_ 19. -�' an the City agree:
•
�t-til is terminated.
� agreement
until this and liceis
thereafter the right
hereby grant to said Company
�'� 'estate for the lc
to and does real
occupy the following described
operation , and repair of cc:
use and
tion, construction,
maintenance, repair
n
communication equipment consisting primarily
a radio
cables, and other radio
to, an antenna, 'transmission to
limited incidental
equipment and protective coverings therefore
1
necessary for the operation of a radio station , which said
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• estate being more particularly described as follows :
• j Southwest Quarter of the Northeast Quarter, Section 18,
Towenship 14 South, Range.2 West, Saline County, Kansas
(Gypsum Hill Cemetery)
•
•
together with the right of ingress thereto aad egress therefrom•
IT IS FURTHER MUTUALLY AGREED by and between the parties
hereto as follows : •
1
• . 1. Company shall install said radio communication equipmen
on a pole set by said Company on said real estate or shall insta
the - same on said water tower at a place acceptable to said City.
2. Title to all radio communication equipment and structur
• erected by Company shall remain in the Company.
3. Company agrees to locate, construct , maintain, operate,
• and repair its radio equipment in such a manner as not to interfi
.with- the normal operation of City`s water tower; and in the evonl
. it is determined that said equipment is intorferring 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 Compan
in any way for damages in the event of destruction of the water
tower or other improvements by. fire, windstorm, or other casualt
and that the City will not be obligated to repair said water toi
•
in the event of its destruction or alteration.
5. Company further agrees to indemnify and hold • harmless
'•Z the City from all claims for any loss, liability, damage to pre
perty, bodily injury, demands, costs, andexpenses of whatever
nature which the City, its employees, or third parties may sus,
from or growing out of cr Incidental to any acts or happenings
connection with the location, erection, operations , •malntenau�
or repair of Company 's radio communication equipment ; that su
indemnity and hold harmless agreement shall not apply to any
claims arising out of or proximately caused by- the negligent
I j
- or employees, whether
.. . servants ,
omissions of City , its agents,
of of hre.
or in conjunction with the acts
the license and permission to use
individually
understan ds that licensee
6'. Company and that other
exclusive right ,
Y �f
not an � � to the date
said water tower is rated prior
water tower may have been g date
to use said - subseq
uent to the r
and may be granted to others
this agreement
• develops t° •any
that in the develops
interference
of this agreement:
of the r,yd io
installed prior to the installation
' radio equipment
equipment under the terms of this agreement , said Company will be
'interference
by special
obligation to eliminate said
under an
corr,e event that this cannot be accom •
• ct ivo measure9, a°d in the
causing such interferenc°•
to remove the antenna . , City Prior
pliehod, the •apProval. of. the
ComPanYaBreee tosecuro equip-
.
7. - coverings for radio
to the construction of any Protective
Se built at the base of the water tower.
ment which
• for maintenance and
�
• see that there will be nc
g, Company agrees to be responsible
of the radio equipment and to
. other city Property, and that the
' servicemen
with water valves and by
will be closed and locked
•
– tampering
•' gates surrounding said
water tower
employees or agents when
leaving the premises.
their
and terminated in the
This ag agreement may be cancelled
9.
b andoned,. or removed from
`� water tower is torn down, a sx
Bald City, in which event
event by the
described real property
. the above
at its own expense
remove its equipment therefrom
Company shall
terminated at any t
may further be cancelled and {rc
Said
agreement equipment
said Company shall remove its radio communication
d real property.
the above--describe Ch
water tower on herein
said terms and conditions
agreement and all the beret
This of the parties
I
be binding upon and incure' to the benefit
IV
f their respective successors and assigns.
,y
this g T^ement to
RE CF the City has caused �t
IIT WITNESS N'S11:
executed seal affixed thereto rctc
by Mayor and its corporate
and approved at a rr.p ulnr
passed No.______, — pas I /��/ d
City I:csolution City on the 7 of said•
mooting of thr. �ovrrntn n, body
has caused the same to be
. (On///��t (n and the Company and its.
C.0 _.• 19.__. authorized` ` _ officers thereto duly auth I,
ro pertY first above written.
I executed by its P and year
I orateeeal affixed thereto the SALINA, KANSAS
day ���.,�� a
I core CITY CF /rte-�"-_.
U,,
By Mayor
ATTEST
•
LA.
General Communication Company
City Clerk _ e
ATTEST
.
Secretary . sa: ()Lit (�. �•
SLING COUNTY, 10_2:,, "
9_,•
STATE OF KANSAS, / 5 day of
that on this -{ county
IT REMEMBERED and for the
BE Public in
ned, a Notary May of the
the undersigned, nn or.
before me �IX _ –= �_ _r
came _. and yor of the
- - � and state of orosald, _ oration
Kansas, a mnniciPal corp
City of Salina', '---'�� City Clerk of said
//1p��y P i�
! f tt '— f0? _– and who
class• and _ such Officers first to to be
City, who are Po.rsonally known persons who ex c.cuted as such
to me to be the P said City
� known behalf of
Personally of writing on
within instrument of the same
to
officers the the execution
�� andsuch persons duly acknowledged
and deed of said City.
. be the act
set My hand and aif Sxe�
'� 1 , WHEREOF I have hereto
IN T'E ST I6.0 NY written•
my seal the day and year
first above •y��-��/
" Public
Noot ta arY
Expires:. Cild__ —
My Commission —CC•U NTY,ss :
��1.`_ 19 6d;
'� STATE CF KANSAS, day of - -"'�
on the __0._
that for the Coy
6E IT B86tE\"•BE itF.D Public in and
the undersigned, a Notary who
is pe
■ before me
came above
aforesaid ,id , executed the
and state who exec
to be the name person q acknowledged the �,
ly known to me ack•
instrument of writing
and duly
foregoing ins and vcluniary ;i ct and deco .of the same as their free .
i
t
I
affixed axed mY
._-_... .. .. ._ hand and
set my-. ....:—.. o -
—.-... IN TEST IUG NY herot
seal the day
and year first above written.
• Notary Public
•.
L
My Commission Expires_-
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.
V
■
1 .
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i•
AV HE3<.p;E -2423•
RESOLUTION El1MR day of
into this
made and entered. KANSAS, a
This agreement , CITY OF 6:LI�a,
196 d by and. between the in Saline •
//���•'/lam County
�i— —� class,. located
municipal- corporation of the first
hereinafter' referred to as
the CitY. •and _S+S°���
, Kansas, Salina _ --'
Kansas/ herein-
of
Co cations Com an WlTNES6ETN:
after referred to as the Come
any.
the City is- theownorof certain. water towers
WHEREAS �
operated by its water department and located upon cert aln real
property owned by the. City and hereinafter more particularly
and, maintain, operate,
described;
fi construct,
Company of ,
WHEREAS AS the ny desires to consisting
repair certain radio communication equipment and
transmission cables, and other
to, an antenna, for
but not limited ' necessary
radio and protective coverings therefore
be erected, opera t.ed, and
117cidental
ration of a radio station to
Federal Communic ationu
the operation of the ,
under the authority and,
maintained owned by the City ;
upon or near property occuP
to Permit said Company to
Commission
WHEREAS the City is willing
•
' - said
real estate for said purpose upon the terms and conditions-
1 inaf hereinafter set forth; and, • 10,00 pc
here of the sum oP -----"--
. day of
NOW yy THE R1iFGltE in consideration
onsSdsrat oComPgOy on the
a able to the City by said
• an/n`)u ml, p Y day and same
month each year
l)-�c�l�__ lYP�, and on the same
thereafter
until this agreement is terminated,
the C1tY agree(
Company the right and llcen s'
hereby grant to said to
to and does real 'estate for the
occupy the following described
use and
a,;d repair of cer
maintenance, operation ,
, °{ but n<
tion, construction , primarily communication equipment consisting
a radio
cables , and other radio
equipment and protective coverings therefore incidental
• the operation of a radio station,
which said
l
i necessary. for
.
•
estate being more particularly described, as
follows :
Quarter of the Northeast Quarter,
Southwest Q South, Range 2, West,
I Section 18, Township 14. South,
Saline County, Kansas.
Iand egress therefrom.
right of ingress thereto
• and between the Parties -
together with the
ST IS FURTHER MUTUALLY AGREED by
follows tSon equipment
hereto ae ws said radio communication 1. Company shall install oat ato or shall install
on Pole sot by said Company on said re acceptable to City•
said
a a place
on said water tower at
the same
2. Title to all radio communication oqulpment and structures
• Company shall remain in the Company.
.erected by corees nstruct , maintain, operate ,
. to locater ante rf e'
9. Company ag ao not to
radio equipment in such. a manner
and rePaf r. its
tower; and Sr. the event
of City's water
operation with the
.with- the.e. normal S,it erf r,rring
that said equipment • ia
will 'upon written
St is determined th Company operation of said City's water tower,- the same. the City
notice remove es against
waives all claim for damages-. responsible to said ComPac
4, Company
shall not be
that the City of the water
and agrees of destruction
way for damages in the event
in any fire,
windstorm, or other casual
�, improvements bY. said water tc
tower or other d to repair
and that the City will not be obligate
the event of its destruction or alteration.
in
5
to indemn ifY and hold harmless
Company further agrees
ttk
- the City
from all claims for any loss , liability ,
nature which the City, its employees ,
damage to P'.
nseo of. whatever
pertY bodily injury , demands, coats, and ex pe.
or third parties may su
from
nt al tc any acts or happen in,
I t Of or iacide
or growing ou operations , maintena
with the location; erection ,
. communication
omma r,icat Son equipment ; t.h``t -
r4 connection
or
repair of Company's radio apply to .i^
indemnity and hold harmless agreement shrill not ^VPl
. 1
arising out of or proximately caused by the negligee,
i claim❑
omissions of City, its agents, servants , or employees, whether •
individually or in conjunction with the acts of othes.
d'. Company understands that the license and permission to use
said water tower is not an exclusive right , and that other licenser
• to 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 I
under an obligation to eliminate said 'interference by special
corrective measured, •and in the event that this cannot he accom •
plashed, to remove the antenna ,causing such interference.
7. Company ragrees 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.
B. Company agrees to be responsible for maintenance and
servicemen of the radio equipment and to see that there will he n
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.
\ , 0. 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 s!
Company shall remove its equipment therefrom at its own expense
Said agreement may further be cancelled and terminated at any t
• - said Company shall remove its radio communication equipment fr;
said water tower on the above-described real property. •
This agreement and all the terms and conditions herein Ft
be binding upon and incure to the benefit of the parties here.
their respective successors and .assigns. •
IN WITNESS WHEHECF the City has caused this agreement ti
executed by its Mayer and its corporate seal affixed thereto
City Resolution Nn.) L?_J _ passed and approved at ,t rer•ulnr
m.•riing of the revorr.lnq body of said City on the 4/1. dly1
l�'0 and the Company has caused the same
to be I
_. . .. 19._ , and its
• . �' • thereto duly authorized
• property officers above written.
by its P first
executed _ Y the day and year
affixed thereto KANSAS
corporate seal 'CITY OF SALINA,
• /
/ .--
. gy %.mayor
ATTEST • . . .
*III
AS
CStY Clerk tinn�.CoapanY
• • . Geaersl—COQ
i
ATTEST -
i.. •
' Secretary ' ss:
KANSAS, SALINE CCUNTY , laT/ , 19�c,
STATE OF _�' day of CE!"
BE IT REMEMBERED that on this
Public in and for the county
undersigned, a Notary of the
me /J, _, Mayor
the _
before � _ of the
aforesaid, came city .
and state corporation and
Kansas, a mu icipal said
• City' Salina. c� - City C1erR °f
and ��-- - off SCUre and who
first class, to be such
are personally known to me_
the pe sons who exncuted ae sUCh
pens who
me to be City
t known _to on behalf of said
. personally
within Instrument of writing
1 off icors the
and such persons duly acknowledged the execution of the same to
and deed of said City. .
-
be the act
IN TESTIMONY WHEREOF I have. hereto
set My hand and affixed
� the day and year first above written.
/ '
my seal � Lpubllc
Notary
pG
My Commission Expires :./�. -` -
"ice aa�-CCUNTY,as : /�
CF KANSAS, of �C���-. 19 n'0
STATE l ' day -
*.� on the _- Cou
B£ IT RHME\!BE RF.D .that for the
undersigned, a Notary Public in and who is p°�
before me the ��l e ?h4,
came .. -t—
state aforesaid , executed the above
and who
rA
lY known to me the same person ex
to be the
•
foregoing instrument of writing and duly, acknowledged
of the same as their free and voluntary act and deed .
IN 11;ST1J'.CNY 1':ItEItELF I hnvc hereto set my hand and affixed my
seal
the day and year first above written.
Notary Public
NV Commisa ion
Expires :_
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