1960 Antenna Agreement Gypsum Hill #2422 •
AGREEMENT -
RESOLUTION NUMBER 2422 .
•.This agreement , made and entered into this . 1/ day of
, 1 (-='", 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 Wallis
DDA Fred Wallis' Conoany 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 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 $ 10 .00 . per
• annum payable to the City by said Company on the, 1' day of
`-e--e'L_ 19-‘0(S`c: 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 tc
use and occupy the following described real estate for the loca-
tion , construction , maintenance , operation ,. a,:d repair of certain
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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 operation of a radio station , which said real
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estate being more particularly described as ' follows :
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Southwest quarter of the Northeast quarter, section 18,
Township 14 South, Range 2 West, 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 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
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 ,
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 cr
omissions of City , its agents , servants , or employees , whether %
individually or in conjunction with the acts of oth.-rs .
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
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corrective measures', . and in the event that this cannot he accom
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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-
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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
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'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 W'HERECF the City has caused- this agreement to he
executed by its Mayor and its corporate seal affixed thereto 'by
City Resolution No.9/ 1?±passed and approved at a re;iular
meeting of the governing body of said . City on the __ day of
(f-6/1 19.4, 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.
CITY CF SALINA, KANSAS
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By �/� •:11 :%_v ; . ;.. x_2.1,
ATTEST / • • Mayor J
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•
`wAN■�►s _
• City Clerk -
.Fred G ?;yl l ; c PRA Fred Wa l l i s Co
ATTEST
liG %JI r •
Secretary . _-- -- -
STATE OF KANSAS , SALINE CCUNTY ; ss :
BE IT REMEMBERED that on- this ._ ( ( day of 61—(-=, 1961/-?,
before the the undersigned , a /Notary Public in and for the county
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and state aforesaid , came lt't1 , Mayor of the
City -of Salina, Kansas , a municipal corporation and city of the
• first class , and _ (iy ��� _, City Clerk of said
City, who are personally known to 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 I have hereto set My hand and affixed
my seal the day and year first above written .
y, Notary Public
My Commission Expires :- ,l/ 7% /?O /
STATE (.F KANSAS , —L CCUNTY ; ss :
BE IT REMEMBERED that on the 11 day of (c-cif'_., l96(;
before me the undersigned , a Notary Public in and for the County
J �JQn
and state aforesaid , came �(-�Q __ , who is personal -
ly known to me to be the same person who .exeeuted the above and
foregoing instrument of writing and duly acknowledged the executie.
of the same as their free and voluntary act and deed .
IN 1ESTIMCNY WI:ENEcF I have hereto set my hand and affixed my
seal the day and year first above written.
1- 4 { ,�
/ / Notary Public
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My Commission Expires :_ // /�/L!�(y__ -
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