Radio Communication Equip ANTENNA AGREEMENT
This agreement, made and entered into this ~o'~ day of
l~.~L, 19~"1, 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
KPL GAS SERVICE
of Salina, Kansas, hereinafter referred to as "the Company,"
WITNESSETH:
WHEREAS the City is the owner of certain water towers operated by
its Water and Sewerage 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 incidental 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 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 Ten Dollars
($10.00) per annum payable to the City by said Company on the 1st day of
January, 1989, and on the same day and same month each 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 location, construction, maintenance, operation and
repair of certain radio communication equipment consisting primarily of, but
not limited to, 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:
A tract in the Southwest Quarter of the Northeast Quarter (SW¼NE~t),
Section Eighteen (18), Township Fourteen (14) South, Range Two (2)
West, of the Sixth Principal Meridian in Salina, Saline County,
Kansas.
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 in
accordance with any applicable federal or state regulation 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 radio equipment in such a manner as not to interfere with the
normal operation and maintenance of City's water tower, but in the
event it is determined that said equipment is interfering with the
operation and maintenance of said City's water tower, the 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 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 acts or happenings in connection with the
location, erection, operations, maintenance or repair of the
Company's radio communication equipment; that such indemnity and
hold harmless agreement shall not apply to any claims arising out of
or proximately caused by the negligence or omissions of the City, 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 to secure the approval of the City prior to the
construction 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 servicing 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 by the City at any
time following thirty (30) days written notice to the Company. Such
termination notice shall advise the Company of the removal date
which shall be no less than three (3) days following the termination
date. Company agrees that it must remove its radio communication
equipment from the water tower on the above described real property
within thirty (30) days following the termination date. This
agreement shall also be cancelled and terminated at any time the
Company shall by its own action remove its radio communication
equipment from the water tower on the above described real
property.
10. Company agrees that no assignment or transfer of this Agreement or
any rights hereunder may be made to any party.
11. This agreement and all the terms and conditions herein shall be
binding upon and incur 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 hereto as authorized by
Resolution Number 89-4070 adopted and signed at a regular meeting of the
governing body of said City on the 20th day of March, 1989, and the Company
has caused the same to be executed by its duly authorized officers and its
corporate seal affixed hereto the day and year first above written.
q;ity Clerk
KPL GAS SERVICE Company
ATTEST:
Secretary
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED that on this 20th day of March, 1989, before me
the undersigned, a Notary Public in and for the state aforesaid, came Sydney
Soderberg, Mayor of the City of Salina, Kansas, a municipal corporation and
city of the first class, and Jacqueline Shiever, City Clerk of said City, who
are personally known to me to be such officers and who are 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.
~ ~r~u~ ~u~uc
~ STATE ~' KAN~A~
'Nbtary Public
My Commission expires:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED that on the 17th day of March, 1989, before me
the undersigned, a Notary Public in and for the state aforesaid, came David
D. Arnold, KPL Gas Service District Superintendent, who is personally known
to me to be the same person who executed the above and foregoing instrument
of writing and duly acknowledged the execution of the same as their free and
voluntary act an~ deed.
IN TESTIMONY WHEREOF I have hereto set my hand and affixed my
seal the day and year first above written.
My Commission Expires: