1959 Agreement •
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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 called KSAL.
WITNESSETH: THAT
WHEREAS City is the owner of a certain water tower operated by its water
department end 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 off Q
� .fo 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 went 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. •
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%SAL 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 2156 passed and approved at a
regular meeting of the governing body of said City on the J day of
19 J 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
Attest: Mayor, Party of- e First art
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City Clerk
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BR' ' • STING ORPORATED
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1 4 By ���'�./. -
6Ait.0 zPresident, Party of the,Seca,• ',art r
ATTEST• r _� _ . •
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