Radio Communication Equip 2 1LESOLUT ION NO.
~'hls agreement, made and entered into this /2 day of
municipal corporation of the first class, located in Saline County
Kansas, hereinafter referred to as the City, .and
Communications Company Salina
after referred to as the Company, WlTNESSETH:
WHEREAS 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
in'~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 Commuhioations
Commission upon or n~r ?roperty owned by the City; and,
WHEREAS the Ci~y is willing to permit said Company to occupy
said real es+ate ~or said purpose upon the terms and conditions
hereinafter set forth; and,
NOW THEREFGRE in consideration of the sum of $10.00 per
annum payable to t~e City by said Company on the /.~ day of
~t~ _, 19 .~ and on the same day and same month c-ach year
~hereafter 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 rea~ estate for the looa'
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:
Southwant Quarter of the Northeast Quarter. Section 15,
Towaahip South, Ran§e 2, West, Salins, County Kansas
(Gypsum Hill Cemetery)
together with the right Of' ingress thereto amd egress therefrom.
IT IS FURTHER MUTUALLy AGREED by and between the parties
hereto as foXl~ws=
1. Company shall install said radio oommunicatian equipment
on a pole sat by said Company on said real estate or sha~l install
%he lame on said water tower ~t a place acceptable to maid 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 equipeent in such a manner us not to inferrer
,witR 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 s&mae
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 Cf the water
tower or other improvements by,fire~ windstorm, or other casualty,
and that the City will not he 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, its employees, or third parties may sustain
from or growing oat of or incidental tc any acts or happenings in
connection with the location, erection, operations, maintenance,
or repair of Company's radio comm~nication equipment; tha~ suoh
indemnity and hold harmless agreemen~ shall net apply to any
claims arising out of or proximately caused ~y the negllEence or
l'omissions of City, its ~gents, servants, or employees, whether'.
individually or in conjunction with the acts of otkre.
6, Company understan~ that the license and permission to use
said water tower ts not an exclusive right~ and that other licenser
to use said water tower m~y have bwen granted prior to the date of
this agreement and may be ~r~tnted to others subsequent to tbs date
of this aEreement; that in the event interference develops to any
radio equipment installed prior to the installation of the r.~dto
equipmen~ under the terms of this a§reement, said Company will be
under an obli~ation to eliminate said interference by special
corr.ective measureff,'and in the event that this cannot be aooom
)liehed~ to remove the anion'ns .causin~ such interference.
?. Company a~reee to' secure the approval of. the. City prior
tO tho oonetr~ction of any protective coverim~s for radio squip-
· ent which ie bolla at the bess of the wate~ tower,
8,, Company a~reel to be responsible for maintenance and
servicemen of the radio equipment and to see that there will b'e on
tampering with water valves and other City Property~ end that the
g~toe eurroundLn~ uaid water tower will he nloued ~nd looked hy
event said w~ter tower is terra down~ ~bandonod~ or removed from
the above'described real property by tho City, in which sv(~nt said
Company shall remove its equipment therefrom at its own expense,
~aid aErcement may further he 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 aEreement and all the terms and conditions herein shall
be blndin~ upon and lncure to the benefit of the parties hereto~
their respective successors and assigns,
IN WITNESS WNERECF the City has caused this a~reement to be
executed by l~s Mayor and its corporate seal affixed thereto by
City Eesolutlon Noo._~__~.__ passed and approved at a r~ular
meeting of the Cov~rnin~ body of said City on the _~ ~._ day of
.__~v_c<~ _, 19~ and the Company has caused the same to be
executed by its property offtcsrs thereto duly authorized and its
corporate seal affixed thereto the day and year first above writt~
CITY CF SALINA. KANSAS
City Clerk
General Comunicat£onsComp~y
6ecretary
STATE OF K~NSAS, SALINE CCUNTY,ss:
before me the undersi~ned, a Notary Public ~n and for the county
City of Salina, Eansas, a municipal ~orporation and city of the
first
_ __, City Clerk of said
City~ who are personally known to me to be such officers and who az
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 I have hereto set ~y hand and affixed
my seal the day and year first above written.
Notary Public
commission
/
STATE CF KANSAS, ~~ .C~UNTY,ss:
~E IT HHMEMBERED tha% on the __/~ day of ~ , 19~,
before me 1he undersigned, a Notary Public In and for the Cou~
and state aforesaid, cam~_./~ ...... , who is personal-
ly known to me to be the same person who executed the above and
foregoing instrument of writin~ ~nd duly acknowledged the execution
of the same as their free and voluntary act and deed.
IN ~TI,~IGNY %711EE/~.F I have hereto set my hand and affixed my
seal the day and year first above written.
Notary Public