Radio Communication Equip (3) %his agreement, made and entered into this ~S~__ day of
-- May , 19 ~]~ 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 _ General
Communications Service Co. , of Wichita , 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; andt
WHEREAS the Company desires to construct, maintain, operate,
and repair certain radio communication equipment consisting of,
but not limited tot 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 $_ 10.0O per
annum payable to the City by said Company on the 1st day of
_. ~a[_ _, 19~%, and on the same day and same month e~ch 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 looa'
rich, construction, maintenance, operation, a~d repair of certain
radio communication equipment consisting primarily of, but not
limited tc~ an antenna, t ransmissicn cables, and other radio
equipment and protective coverings therefore incidental to and
necessary for the operat ~ cn of a radio station, which said real
estate being more particularly described as follows:
2ity water tower Lots 29 -30 - 31 - 32 - 33
Block 10, Calkins Addition Salina, Kansas
together with the right of' ingress thereto amd egress therefrom.
1T 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 sha~l 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 lnterferring 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.
5o Company further agrees to indemnify and hold harmless
the City from all claims for any loss~ liabil~ty~ damage to pro-
pertys bodily lu3ury~ demands~ costs, andexpenSes of whatever
nature which the City~ its employees~ or third parties may sustain
from or growin~ out of er incidental tc any acts or happenin~s in
connection with the location, erectionv operations, maintenance~
or repair of Company's radio communication equipment; that such
indemnity and held harmless agreement shall not apply to any
claims arising out of Or proximately caused by %he negligence or
omissions of City, its agents, servants, or employees, whether
individually or in conjunction with the acts cf or.rs.
6. Company understan~ that the license and permission to use
said water tower is not an exclusive right, and that other license~
to use said water tower may have been granted prior to the date of
this agreement and may he granted to others subsequent to the dato
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 obligation to eliminate said interference by special
corr,ective measure~, and in the event that this cannot be accom
plished, to remove the anten'na .causing such interference.
7. Company agrees to secure the approval of the City prior
'to the construction of any protective coverimgs 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 fhe 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 wateP tower on the above'-described real property.
This agreement and all the terms and conditions herein shall
be binding upon and lncure to the benefit of the parties hereto,
their respective successors and assigns.
IN WITNESS WNEREGF the City has caused this agreement to be
executed by l~s ~ayor and its corporate seal affixed the reto by
City Resolution No. ........ pas~ed and approved at a regular
meeting of the ~ov~rnina body of said City on the _ __ day of
_, 19.__, 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,
ATTEST Mayor
City Clerk
Oeneral Co~unications Se~ice Co.
Secretary
STATE OF K~NSAS, SALINE CCUNTY,ss:
before me the undersigned, a Notary Public in and for the county
City of Salina, Kansas, a~rporation and city of the
first class, and ' ~_..~ ~~ , City Clerk of sald
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 ~he wi~hiu 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 Ci~y~
IN TESTIMCNY WHEREOF I have hereto set ~y hand amd affixed
~y seal the day and year first above writ%en~~
STATE CF KANSAS, S~ick CCUNTY,ss:
BE IT ~BME~BEHED tha~ on ~he l~p~_ day of _. M~ _.., 1~
before me ~he undersign~d, a Notary Public in and for the Cou~
a~d s%ate aforesaid, came Othal ~. ~a~ ..... , who is personal'
ly known ~o me ~o be the same person who executed the above and
foregoing instrumen~ of writin~ and duly acknowledged ~he execu~ior
of ~he same as their free and voluntary ac% and deed.
IN qESTIIICNY WI{ERE~F I have hereto set my hand and aff. ixed my
seal the day and year first abcve written.
My Commission Explres:_____N~y 26, 1962