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3187 Radio Equipment Agreementi ' 1 SM 1 Its] Lis ► u: AGREEMENT This agreement, made and entered into this 3rd day of 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 City, 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 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 stat;ion`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 $10.00 per annum payable to the City by said Company on the 3rd day of June, 1974, 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: Southwest Quarter (SW4) of the Northeast Quarter (NE4) of Section Eighteen (18), 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. U 11 1 follows: IT IS FURTHER MUTUALLY AGREED by and between the parties hereto as 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 radio equipment in such a manner as not to interfere 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 mater 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 acts 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 to any claims arising out of or proximately caused by the negligence or omissions of 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. �. I 1 1 7. Company agrees to secure the approval of the City prior to the construction of an protective coverings for radio e u%,_Ment which is built at Y P 9 q �, P, 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 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 incure 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 thereto by City Resolution Number 31Q, passed and approved at a regular meeting of the Governing Body of said City on the 3rd day of June, 1974, and 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 above written. (SEAL) Attest: Attest: D. L. Harrison, City Clerk Secretary CITY OF SALINA, KANSAS By W. M. Usher, Mayor l a .ST%1' (OA it/a/& By Sherwood R. Parks 1 1 P, STATE OF KANSAS ) SS COUNTY OF SALINE ) BE IT REMEMBERED that on this 3rd day of June, 1974, before me the undersigned, a Notary Public in and for the County and State aforesaid, came W. M. Usher, Mayor of the City of Salina, Kansas, a municipal corporation and city of the first class, and D. L. Harrison, City Clerk of said City, who are personally known to 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. M. E. ABBOTT STATE NOTARY PUBLIC Notary Public Sams County, Xmas iBy Comralssion Expires April Z 1976 STATE OF KANSAS ) ) SS COUNTY OF SALINE`) BE IT REMEMBERED that on the 3rd day of June, 1974, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Sherwood R. Parks 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 and deed. IN TESTIMONY WHEREOF I have hereto set my hand and affixed my seal the day and year first above written. M. E. ABBOTT STATE NOTARY PUBLIC SeRne County, Kansas My Comnb%sion Expires April 2, 1976 zz f Alz� Notary Public