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Radio Communication Equip 2 (2) 6~_~T_ q'his agreement, made and entered into this /3 day of ~k~---~-. 19__~_~ by and between the CITY OF SALINA, KANSAS. a municipal corporation of the first class, located in Saline County Kansae~ hereinafter referred to as the City, and General' Communications Comply Salina after referred to as the Company, WITNESSETH: WHEREAS the City is the owner of certain water towers eperated 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, but not limited to, an antsnna~ transmission cables, and other in~idental radio and protective coverings therefore necessary for the operation of a radio atation to be ereeted~ operated, and maintained under the authority of the Federal Comm~nieatien~ Commission upon or near property owned hy the City; and, WHBREA~ the City is willing to permit ~aid Company to occupy said real estate for said purpose upon the terms and eonditions hereinafter set forth; and, 0 NOW THEREFORE in consideration of the sum of $ 10.0 per annum payable to the City by said Company on the /~ day of ............ , l0 _, and on the same day and game month 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 following described real estate for the lo~a' radio communication equipment consisting primarily of, but not equipment and protective coverings therefore incidental to and estate being more particularly described as follows: Northwest Quarter of the Southeast Quarter Secion 23, Township 14 South, Range 3 West, Sallna County, Kansas (Suuset Park Water Tower) together with the right of ingress thereto amd 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 sha~l install t. 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 equipaent 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, it~ 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 ity and hold harmless agreement shall not apply to any claims arising out of or proximately caused by the negligence or omissions o~ City, its agents, servants, or employees~ whether individually or in con3unction with the acts of 6. Company understan~ that the license and permission to use said water tower is not an exclusive right, and that other licenses to use said water tower may have been granted prior to the d~te of this agreement and may be gr~nted to others subsequent to fhe date of this agreement; tha~ in the event interference develops to ~ny radio equipment installed prior to the installation of the radio equipmen~ under thc terms of this agreement, said Company will be under aa obligation to elimioate said interference by special corr,ective measure~, and in the event that this cannot be acoom ;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- ment 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, a~d that the gates surrounding said water tower will be closed and locked by their employees or agents when leaving the premises. ~. 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 lncure 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 seal affixed theretoby City Resolution No..~_ pas~ed and approved at a regular meeting of the ~evorni~ body of said City on the ....... day of ~L~ _, 19_~, and the Company has caused the same to be ~xecuted by its property officers thereto duly authorized and its :orporate seal affixed thereto the day and year first above written. CITY CF SALINA, KANSAS City Clerk General ~ommunicat£oms Comply Secretary STATE OF K~NSAS, SALINE COUNTY,ss: BE IT REMEMBERED that on this ..... day of ., 19 before me the undersigned, a Notary Public in and for the county and state aforesaid, came __~-,.~ ~~/ .._, Mayor of the City of Salins, Kansas, a ~nicipal 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 TESTIMONY WHEREOF I have hereto set my hand and affixed my seal the day and year first above written. Notary Public Commission Expires:. ~.~g My STATE CF KANS,~S, _/~-~-- COUNTY, ss: BE IT RBMEMBERED that on the ~.~_ day of ~ , 19~_~ before me the undersigned, a Notary Public in and for the Cour~ and state aforesaid, came ._ ___g~___ ~'/~__ _,~__ ..... ~ 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 execution of the name as their free and voluntary act and deed. IN 5ESTI~ICNY %~IIERECF I have hereto set my hand and affixed my se-~l the day and year first above written.~4.~f~~_~_~~ Notary Public My Co mm is sion Expires:.__~--/~[ /~_~.