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Radio Communication Equip RESOLUTION N~kE~2~23 This agreement, made and entered into this f/ day of municipal corporation of the first class, located in Saline County Kansas, hereinafter referred to as the City, .and __~er~l Communications Com~n~ __, of S&l~n~ .... , Kansas, herein- al%er referred to as the Company, WITNESSETH: WHEREAS ~he City Is the owner ~f certain wa~er ~owers operated bF $~s water depar%men% and located upon certain real property Owaed by ~he City and hereinafter ~o~e partioula~ly described; and~ WHEREAS the Company desSres ~o oonstruct~ main~ain, opera,e, an~ repair cer%ain Fadio communication equipmen% oonsistin~ of, but no~ limi%ed to, an an%e~na, ~ransmission cables, and Other iW~iden%al radio and pro~ective coverings therefore necessary for .~he op'era~ion of a radio station ~o be erect~d~ operated~ and maintained under the au%hority of the Federal Commu'nications Commission upon or near property owned by ~he Ci~; and, WHEREAS the City is ~illin~ to permit said Company to occupy said real estate for said 9u.rpose upon the terms and condi%lons hereinaf%er 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 t~ereaf~er until ~h~s agreemen~ is ~erm~nated, ~he C~Zy agree~ ~o and does hereby gran~ ~o said Company Zhe right and license ~o use and occupy ~he follo~ln~ described real '~a~o for ~he loea radio communication equipmen~ consisting primarily of, but oo~ equlpmen~ and pro~ecZive coverings ~erefore inciden~al ~o and necessary for the opera, ion of a radio ~atlon, mhlch sa~d real estate being more particularly described as follows: Southwest Quarter of the Northeast Quarter, Section 18, Township 14 South, Range ~ West, Saline County, Kansas, together with the right Of ingress thereto amd egress therefrom. IT IS FURTHER MUTUALLY AGREED by and between the parties ihereto as foll~ws: 1. Company shall install said radio communication equipment on a pole set by said Company on said real estate or shall install %he 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 Cltyrs 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 further agrees to indemnify and hold harmless the City from all claims for any loss~ liability, damage to pro- perry, 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 happenin~s in connection with the location, erection, operations, mal~tenaace, or repair of Company's radio communication equipment; that such indemnity and hold harmless agreemen~ shall not apply to nny claims arising out of or proximately caused by %he negligence cr omissions of City, lie agents, servants, or employees~ ~hether individually or in conjunction with the acts of et&rs. 6. Company understan~ that the license and permission to use said water tower is not an exclusive right, and that other lioense~ to use said water t. ower m~y ha~e been granted prior to the d4te of this agreement and may he granted to others subsequent to tbs date of this agreement; that in the event interference develops to ;lny radio equipment installed prior to the installation of the r,idie equipmen~ under tho 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 eoeom plishedv to remove the anten'na .causing such interference. ?, Company agrees to secure the approval of the. City prior to the constru~tion of any protective coverimgs for radio equip- ~ent which is built at tee base of the water tower. 8. Company agrees to be responsible for maintenance and servicemen of the radio equipment and to see that t~ere will be no tampering with water valves and other City Property, end that the gates sur~ounding said water tower will be closed and locked by their employees or agents when leaving the premises. 9o 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 Clty~ 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 ned conditions herein £hall be binding upon and incurs to the benefit of the parties heretc~ their respective successors and assigns. IN WITNESS WH~RKCF the Cl~y has caused this agreement to he executed by ifs Mayor and its corporate seal affixed thereto by City Resolution No .~fL}~.. __ passed and approved at a re~,ular m~etin~ of the cov~rni~ body of said City on the Y~ d~y 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 ~nd year first above writt~ CITY OF SALINA, KANSAS City Clerk Secretary STATE OF KWNSAS, SALINE COUNTY,ss: before me the undersigned, a Not~ry Public in and for the county and state aforesaid, came C~t~ ~.., Mayor of the City of Salina~ Eansas~ a m~icipal corporation and city of the first class, and _ , 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 WHERE©F I have hereto set ~y hand and affixed my seal the day and year first above written. Not~ry Public STATE 6F before me the undersigned, a Notary Public in an~ for ~he Cou~ fore~oing instrument of writin~ ~nd duly aeknowled~e~ ~he excelsior of ~he same as their free and voluntary act ~nd deed. iN 3ESTi~]CNY ¥,'ilEEE~F ! have hereto set my hand and affixed my seal the day and year first above written. ~otary Public My Co~l~slon Expires:_ ~ .....