Cable in ROW Pen Ave
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RIGHT-OF-WAY AGREEMENT
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This Agreement, made and entered into this 2/ day of
December, 1987, by and between the CITY OF SALINA, KANSAS, a
municipal corporation (the "City"), and ST. JOHN'S HOSPITAL,
Salina, Kansas ("Grantee"), WITNESSETH:
WHEREAS, Grantee wishes to acquire and utilize a
communications cable to serve the main hospital building and
the accounting/purchasing office currently installed in the
public right-of-way; and,
WHEREAS, the City wishes to grant permission to Grantee
to acquire and maintain such communications cable, subject
to the conditions outlined below.
(I). Permission. The City hereby grants permission to
Grantee to acquire and maintain the communications cable in
the following location in the public right-of-way:
One such communication cable installed beneath
Penn Avenue between Block 11 (Main Hospital Building)
and Lot 9 (Accounting/Purchasing office), Block 12,
Riverside Park Addition, City of Salina, Kansas.
(2). Conditions. This grant of permission shall be
subject to the following conditions:
A. Grantee shall maintain the cable in good working
condition and hold the City harmless from any
liability that might arise from the use and
maintenance of the cable.
B. Materials, plans and construction for maintenance
purposes shall be approved by, or as directed by
the City Engineer.
C. Grantee shall relocate the cable at any time the
City determines such relocation to be necessary,
at Grantee's expense.
D. Grantee's access to the cable following initial
installation for whatever purpose shall be subject
to the Salina Code provisions relating to
excavations in pUblic right-of-way.
(3). Relocation or Additional Installation. The
specific installations authorized by this Agreement shall
include only those described in paragraph (I) above. Any
relocation of the existing installation or any additional
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installations in the public right-of-way for the same
purpose are hereby authorized, subject to approval by the
City Engineer and subject to the conditions outlined in
paragraph (2) above.
(4). Binding Effect. The foregoing conditions shall
be binding upon all grantees, successors or assigns.
CITY OF SALINA, KANSAS
BY~~
Stephen C. Ryan, Mayor
ATTEST:
#t~,~2~
ti ty Clerk
ST. JOHN'S HOSPITAL
By
i2LJ JLk f/,z)~'O
Robert Houck,
Assistant Administrator for
Administrative Services
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