Radio Communication Equipment RESOLUTION NUMRER 3187
AGREEMENT
This ~§reement, made and entered into this 3rd day ~f June, 1974, 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 Oity,
and Radio Station K I N A, of Salina, Kansas, hereinafter 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 @artJcularly described; and
WHEREAS, the Company desires to construct, maintain, operate, and
.-~.. repair certain radio communication equipment consisting of, bu~ not limited to~
an antenna, transmission cables, and other incidenta radio and protective
coverings therefor 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 ~roperty owned by the City; and
· WHEREAS, the City is willing to ~ermit said Company to occupy said
real estate for said purpose upon the terms and conditions hereinafter set
forth~ and
NOW THEREFORE, in cons:deration of the sum of $I0.00 oer annum payable
to the City by said Company on the 3rd day of dune, 1974, and on the same day and
same montia each year thereafter until this agreemen'l 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 location, construction,
maintenance, operation, and repair of certain radio communication equipment
consisting primarily of, but not limited ~o~ an antenna, transmission cables,
and other radio equipment and protective coverings therefor incidental to and
necessary for the operation of a radio station, which said real estate being
more particularly described as follows:
Southwest Quarter (SW¼) of the Northeast Quarter (NE¼)
of Section Eighteen (i8), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian,
Saline County, Kansas.
(Gypsum Hill Cemetery)
together with the right of ingress thereto and 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 shall 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 radid equipment in such a manner as not to interfere with the normal
operation of City'~ water tower; and in the event it is determined that said
equipment is interferring with the operation of said City's ~ater tower, Company.
will, upon written notice, remove the same.
4. Company waives all claims 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 property, bodily injury,
demands, costs, and expenses of whatever nature which the City, its employees,
or third parties may sustain from or' growing out of or incidental to any acls
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 ~o any claims arising out of or
proximately caused by the negligence or omissions of Ci-l-y, its agents, servants,
or employees, whether individually or in conjunction with the acts of others.
6. Company understands 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 date of this agreement and may be
granted to others subsequent to the date of this agreement; that in the event
interference develops to any radio equipment installed prior to the installation
of the radio equipment under the terms of this agreement, said Company will be
under an obligation to eliminate said interference by special corrective measures
and in the event that this cannot be accomplished, to remove the antenna causing
such interference.
7. Company agrees tp secure the approval of the City prior to the
c~nstruction of any protective coverings for radio equipment 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 cancel led and terminated in the event said
water tower is torn aown, abandoned, or removed from the above described real
property by' the City, in which event said Company shal remove its equipment
therefrom at its own exoenseo Said agreement may further be cancel led and
terminated at any time said Company sha I remove its radio communication equipmen
from said water ?ower on the above described real property.
This agreement and all the Terms and conditions herein shall be binding
uaon and incure to the benefit of the parties hereto, their respective successors
and assigns.
IN WITNESS WHEREOF the City has caused this ~greement to be executed
by its Mayor and it~ corporate seal affixed there?o by City Resolution Number
3157, passed and approved at a regular meeting .of The Governing Body of said
City on the 3rd day of June, '974, aha 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 auove written.
CITY OF SALINA, KANSAS
' '~ -.. By
' ,, , W.M. Usher, llayor
(t~EAL)~ :~ tq
Ati&,~?): ,., / .
D. L. Harrison, City Clerk
SheFw~d
Secretary
GENERAL RECEIPT
CITY OF SALINA, KANSAS
Finance Department
Address
Cash [] I DOLLARS CENTS
Check []I //~' ~¢ ~
Payment For
Account No
CH.C~ ,523679
INVOICE
DATE INVOICE/CR. MEMO REF. # AMOUNT DISCOUNT NET
021~:~/88 I~[Nl ~RC~ 88 ~C58~ l~O0 ~.C~ 10.0~
THE SALES T~ HAS SEEN CHANGED A
Salina Radio, Inc. (KINA) Acct. W & S
P. O. Box 778 # 70-900
Salina, Kamsas 67401
Water Tower Lease Agreement entered into June 3, 1974
Paid 6/13/1974 - $10.00 #17235- 6/3/19~4 to 6/3~1~7~
Paid 5-25-1976 - $10.00 #8558 6/3/1976 to 6/3/1977
Paid 8-22-1977 $10.00 #20165 6-3-1977 to 6-3-1978
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