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1960 Antenna Agreement Gypsum Hill #2421 A• AGREEMENT RESOLUTION. NUMBER 2421 This agreement , made and entered into this f / day of c ��4 , 19 'q 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 Fredl r • UR4 Frec]_Wallis Comnanv , 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 th"e 71 day of {.-- .._____, anal . 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- tion , construction , maintenance , operation ,. ar:d 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 operation of a radio station , which -said real estate being more particularly described as ' follows : 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 it 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 licensee 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 accom plished , to remove the antenna .causing such interference. 7 . Company agrees to Secure the approval of. the . City prior to the construction :01 any protective coverings for radio equip- merit- 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 . - 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 WHERECF the City has caused this agreement to be executed by its Mayor and its corporate seal affixed thereto 'by City Resolution No.2'y_21.L passed and -approved at a regular meeting of the cove'rninn body of said . City on the _, ( - I_ day of --.-- — -7-e,/ -_', __, 19�a 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 / / . • By_ /i-:/2-j( ji--,- ;fJL ' ' j ATTEST - - Mayor ( .. �C / J _ tt�� City Clerk • Fred _C_1aLs- r.q., .8s-"_.i is Conn- nv ATTEST -By /7/7 Secretary . STATE OF KANSAS , SALINE CCUNTY ; ss : ' BE IT REMEMBERED that on- this ,.7/ day of " '_, 19—_, before me the undersigned , a Notary Public in and for the county and state _- �t�l � an sae aforesaid , came , Mayor of the . City of Salina, Kansas , a m icipal corporation and city of the first class , and < Y � -'-u-/tA _, 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 I have. hereto set My hand and affixed my seal the day and year first above written . Notary Public My Commission Expires : -=7 //`j J� j I - STATE GE KANSAS , '` `^- ,_ _CCUNTY ; ss : /- / BE IT REMEMBERED that on the (_1 day of� �— _, l�-?C, before me the undersigned , a Notary Public in and for the County Iand state aforesaid , came �?��Q �� 1f?j b.. _ , who is personal - ly known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the executio. of the same as their free and voluntary act and deed . • IN IESTIMCNY WEERECF I have hereto set my hand and affixed my seal the day and year first abcve written. I // Gp �� , Notary Public ' My Commission Expires : / b / / / 6u!! .__ • • • • • • • • • • • •