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AgreementRESOLUTION NUMBER / AGREEMENT 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 County, Kansas, Party of the First Part, hereinafter called "City" and Vernons Supply 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 saidreal 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 oernon's Supply on the day of �v`,.�� 196/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 occupy 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 therefor incid is:l .o and necessary for the operation of a radio station, said real estate being more particularly described as follows: Gypsum Hill Water Tower located at the intersection of Greeley and East Upper Mill Heights Road, together with the right of ingress thereto and agress.therefrom. Vernon's Supply shall install said radio communication equipment..on.a pole set by Vernon's Supply on said estate, or shall install the same on one leg of said water tower. Title to all radio communication equipment and structures erected by Vernon's Supply shall remain in the Vernon's Supply. 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 repair of Vernon's'Supply raido 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.a reement 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 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 radio 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 WHEREOF., the City has caused this.Agreement to be executed by'its Mayor and its corporate sesl affixed thereto attested by, its City Clerk under and by virtue of authority granted by City Resolution Number.- % ( passed and approved at a regular meeting of, the governing body of said City on the 57c, day of or %l 19Lo 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 first above written. Attest; City Clerk THE CITY OF SALINA, KANSAS By Mayor, 'Party of the F ret Part ATTEST Sec„56tary B RNON” LY�COMPANY `�/? /1. Pres dent, Party of the Second Part _ l Vernon's SupplU CompanU, Inc. WHOLESALE ONLY 123 NORTH SANTA FE - SALINA, KANSAS MANUFACTURERS WATCHMAKERS WHOLESALERS __ Mon ul.eluee e. of the JEWELERS DISTRIBUTORS SPIRAL BALANCE: WEIURT ADJUSTING WRENCH INSTRUMENT REPAIRMAN'S TOOLS DEER -MANNING STONES 7900-870135 & 7800-870137 AND EQUIPMENT October 9, 1962 Mr. Ron Webster, City Engineer City Office Building Salina, Kansas Dear Mr. Webster: I would like to be licensed to mount my two-way radio aerial on an existing tower which is on the north side of the City water tower at 1901 Greeley, on the south end of the cemetery grounds. The purpose of my two-way radio is not a plaything and I am not a ham operator. I have a licensed business two-way radio, as in Vernons Supbly Company, which is little known locally, we serve the Defense epartment worldwide. I work with Security Offices and Air Bases nationwide, and have a very rare license which permits me to set up temporary locations other places. I point this out to indicate the Federal Government's recognition of our type of business. Presently, our aerial is on top of Marymount College, which is not sufficiently hi g1 for us to reach the most outlying missile sites. Therefore, we respectfully request permission to merely install our aerial on the existing tower which we are purchasing from General Communications. This tower was previously used by Asbury Trans- portation and is known as the George Bennett Tower, The lead-in is already there, only our aerial,which is seven feet long,on top of the existing tower will be necessary to install. Presently, the police radio, Kansas Power & Light, and two owned by General Communications of Wichita are mounted there. Your cooperation will be appreciated, and I repeat this is not a plaything, but a business radio. Respectfully submitted this 9th day of October, 1962. Yours very truly, VE NON' PLY COMP I�C. Vern A. Webster VAW:k President Water Vernon's Supply Company, Inc. Vern A. Webster, President 123 North Santa Fe Avenue Agreement - Resolution 16 it dated 11/5/1962 $10.00 $10.00 paid 11/5/1962 Agreement - Resolution 2671 dated 10/30/1963 - $10.00 a year $10.00 paid 10/30/1963 $60.00 paid 11'21-/1969 $10.00 paid 11/4/1969 A1 $10.00 paid 10-6-1970 #5275 $10.00 paid 10-1-1971 1111264 $10.00 paid 10-18-1972 112727 $10.00 paid 10-10-1973 1110792 10.00 paid 1/8/1975 1121776 $10.00 paid 10-5-1976 1111577 $10.00 )laid 10-11-77 1121335 $10.00 paid 10-13-1978 113109 for 10/30/1962 - 10/30/1963 for 10/30/1963 - 10/30/1969 for 10/30/1969 - 10/30/1970 for 10-30-1970 - 10-30-1971 for 10-30-1971 - 10-30-1972 for 10-30-1972 - 10-30-1973 for 10-30-1973 to 10-30-1974 for 10-30-1974 to 10-30-1975 for 10-30-1976 to 10-30-1977 for 10-30-1977 to 10-30-1978 for 10-30-1978 to 10-30-1979 $10.00. paid 3-14-79 #6486 $10.00 paid 5-27-80 #16818 83 /-2`1S for 10-30-79 to 10-30-80 for, 10-30-80 to 10-30-81 56 /0.36 -SVS tc 02, io-3o-8a ta' /6 • 30-3 Iz-5-1585" X11 N, R'"'' ffzs-aSj3