2671 Water Tower Real EstateRESOLUTION NUMBER 2671
AGREEMENT
THIS AGREEMENT made this thirtieth day of October 1962, by and between
the City of Salina, Kansas, a municipal corporation of the second class and
located in Saline County, Kansas, a,party of the first part, hereinafter
called "City" and Vernon's Supply Company, Inc., a Kansas Corporation, of
Salina, Kansas, party of the second part, hereinafter called Vernon's Supply.
WITNESSETH: THAT
WHEREAS City is the owner of a certain water tower operated by its lwater
department and located upon certain real property owned by the City and
hereinafter described; and
WHEREAS Vernon's Supply 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 equipment
and protective coverings therefore necessary for the operation of radio
station, to be erected, operated and maintained under the authority of the
Federal Communications Commission, upon or near City's said water tower and
on said real property owned by City; and
WHEREAS City is willing to permit Vernon's Supply to occupy said real
estate for said purpose upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the sum of $10.00 per annum, payable
to the City by Vernon's Supply on the day of , 19
and on the same day and same month each year until this Agreement is terminated
the City agrees to and does hereby grant Vernon's Supply 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 of, but -not limited to, an antenna, transmission cables
and other radio equipment and protective covernings therefore incidental to
and necessary forthe operation of a radio station, said real estate being
more particularly described as follows:
Gypsum Hill Water Tower located at the intersection of Greeley
and East Upper Mill Heights, Road, together with the right of
ingress thereto and agrees therefrom.
Vernon's Supply shall -install said radio communication equipment on a
pole set by Vernon's Supply on said estate, or shall install the same on
one leg of said water tower.
Title to all radio communication equipment and structures erected by
Vernon's Supply shall remain in the Vernon's Supply.
Vernon's Supply agrees to locate, construct, maintain, operate and repair
its radio communication equipment in such a manner as not to interfere with
the normal operation of City's water tower; Vernon's Supply waives all
claim for damages against the City and agrees that the City shall not be
responsible to the Vernon's Supply in any way for damages in the event of
destruction of the water tower or other improvements by fire, wind storm,
or other casualty, nor will the City be obligated to rebuild said water tower
in the event of its destruction or alteration; and Vernon's Supply further
agrees to indemnify and hold harmless the City from all claims for any loss,
liability, damages to property, demands, cost and expenses of whatever
nature which the City, its employees, or third parties may sustain from,
or growing out'of, or incidental -to any act or happening in connection with
the location, erection, operation, maintenance or repair of Vernon's Supply
radio communication facilities, except that such indemnity and hold harmless
agreement shall not apply to any claim arising out of or proximately caused
by the negligent set or omission of city, its agent, servants or employees,
whether individually or in conjunction with the acts of others.
This agreement may be canceled and terminated by the City in the event
said water tower is town down, abandoned or removed from the above described
real property or by three months written notice prior to the end of any lease
year in which event Vernon's Supply shall remove its equipment therefrom at
its own expense. Said agreement may further be canceled and terminated by
any time Vernon's Supply shall remove its radio communication equipment
from said water tower and the above described real property.
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This agreement and all of the terms and conditions herein shall be binding
upon and insure 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 attested by its City Clerk under and
by virtue of authority granted by City Resolution Number passed and
approved at a regular meeting of the governing body of said City on the
day of 19_ and Vernon's Supply has caused'the same to be
executed by its proper officers thereunto duly authorized and its corporate seal
affixed thereto the day and year first above written.
THE CITY OF SALINA, KANSAS
By R. F. Exline
Mayor, Party of the first part
Attest:
H. E. Peterson
City Clerk
VERNON"S SUPPLY COMPANY, INC
By Vern A. Webster
President, Party of the second
Attest:
Audrey E. Webster
Secretary
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I hereby ceritfy that the above and foregoing is a true and correct copy
of resolution number 2671 passed by the Board of Commissioners of the City of
Salina, Kansas. October 30, 1962.
City Clerk
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