Radio Communication Equip (2) RB$OLUTION NO. ~4~?
q'hls agreement, made and entered into this / ~"~day of
?~
municipal corporation of the first class, located in Saline County
Kansas, hereinafter referred to as the City, .and General
Communications Company Salins
after referred to as the Company, WITN~$$ETH:
WH~K~A$ the City is'the owner ~f 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
iff~idental 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 ~llling 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 ~ day of
I- '~' ~3~L~C--' 19~' and °n the same day and same m°nth e'ach 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 followlng described real estate for the lock
rich, 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 operation of a radio station, which said real
estate being more particularly described as follows:
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 amd egrees therefrom.
IT IS FURTHER MUTUALLY AGREED by and between the parties
hereto as foll~ws:
1. Company shall install said radio communication equipment
on a pole set by said Company on said real estate or shakl install
~he same on said water tower at a place acceptable to said City.
2. Title to &ll radio communication equipment and structures
erected by Company shall remain in the Company.
S. Company agrees to locate, construct, maintains operate~
and repair its radio equipment in such a manner as not to inferrer
.wit~ the normal operation of City's water tower; and in the event
it is determined that said equipment is lnterforring 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.
~. Company farther agrees to indemnify and hold harmless
the City from all claims for any loss, 1/ability, damage to pro-
pertys bodily injury, demaads~ 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 %he negligence cr
omissions of City, its agents, servants, or employees, whether
individually or in con3unotlon with the acts of otb. rs.
6, Company understan~ that the license and permission to use
said water tower is not an exclusive right, and that other ltoense~
to use said water tower may have be*es ~ranted prior to the date of
this agreement and may be ~rasted to others subsequent to tho date
of this agreement; that in the event interference develops to
radio equipment installed prior to the installation of the radio
equipmen~ under the terms of this agreement, said Company will be
under an oblt~ation to eliminate said interference by special
oorr,eetive measure~, and in the event that this cannot be acoom
)llshed~ to remove the antes'sa .causin~ such interference.
7, Company agrees to secure the approval of. the City prior
to the construction of any protective ¢overimgs for radio equip-
ment which is built at the base of the wate~ tower.
8.. Company agrees to be responsible for maintenance and
tservicemen of the radio equipment and to see that %~ere will be no
tampering with water valves and other City Property, and that the
gates surroundin~ said water tower will be closed and locked by
their employees or a~ents when leavin~ the premises.
~. This a§reement may be cancelled and terminated in the
the above~deseribed 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 Clty has caused ~his agreement to be
executed by its ~ayor and its corporate seal affixed thereto by
City Resolution No. __ passed and approved at a re~.uln~
m~ettn~ of ~he ~ov,rn~na body of said City on thc _ / ~/dq}' of
executed by itc property officers thereto duly authorized and its
corporate seal affixed thereto the day and year first above writt~
CITY CF SALINA~ KANSAS
City Clerk
General Co~un£cat£on Comply
Secretary
STATE OF KMNSA$, SALINE COUNTY,ss:
before me the undersigned, a Notary Public in and for the county
City of Salins, Kansas,, a ~nicipal corporation and city of the
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 ! have hereto set Ay hand and affixed
my seal the day and year first above written.
Notary Public
wy Co miseion x res;. JJ
BE IT R~ME~ERED ~hat on the ~__ day of
before me the understgned~ a Notary Public In and for the Cou~
ly known to me to be the ~me person ~ho executed the above an~
foregoing instrument of writing and duly acknowledged ~he execu~o~
of the same as their free and voluntary act and deed.
IN 7ESTIMt. NY WP-EI{E~F I have hereto set my hand and affixed my
Notary Public