3187 Radio Equipment Agreementi '
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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.
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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.
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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
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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
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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
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Notary Public