2437 Water Tower Use Permit22
Resolution Number 2437
This agreement, made and entered into this 13th day of December, 1960, by and
between the City of Salina, Kansas, a municipal corporation of the first class,
located in Saline County, Kansas, hereinafter r..eferred;.to as the City and.General
Communications Company of Salina, Kansas, hereinafter referrednto 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 here inafte
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
therefore 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 $10.00 per annum payable to the
City by said Company on the 13th day of December, 1960, 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 therefore incidental.to and
necessary for the operation of _a radio station, which said -real estate::being
more particularly described as follows:-
Southwest Quarter of the Northeast Quarter, Section -18,,
Township 14 South, Range 2,West, Saline Co_unty,.,Kansas .
(Gypsum Hill Cemetery)
together with the right of ingress thereto and engress therefrom.
C
IT IS FURTHER MUTUALLY AGREED by and between the parties hereto as follows:
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 shkll remain in the Company.
3. Company agrees to locate, construct, maintain, operate, and repair its
radio equipment in such a manner as not to interfer with the normal operation of
City's water tower; and in the event it is determindd that said equipment is
interferring with the operation of said City's water tower, 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 damgges in the
event of destruction of the water tower or other impmvements..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 sustaimnfrom 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 oroomissions of City, its agents, servants,,
or employees, whether individually or in conjunction with the acts of others.
b. 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 agreements that in the event
interference developes to any radio equipment installed prior to the installation
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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 agress 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 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 wheh 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 my 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 No. 2437 passed
and approved at a regular meeting of the governing body of said City on the 13th
day of December, 1960, and the Company has caused the same to be executed by its
property thereto duly authorized and its corporate seal affixed thereto the day
and year first above written.
CITY OF SALINA, KANSAS
By Carl Ramsey
Mayor
TTEST:
E. Peterson
City Clerk
General Communication Company
By Othel D. Vrana
Owner
ttest:
ecretary
TE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED that on this 13th day of December, 1960, before me the
undersigned, a Notary Public in and for the county and state aforesaid, came
Carl Ramsey, Mayor of the City of Salina, Kansas, a municipal corporation and
city of the first class, and H. E. Peterson, 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.
Commission Expires: May 27,1961
Dorothea LaFollette
Notary Public
W
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED that on the 13th day of December, 1960, before me the
undersigned, a Notary Public in and for the County and state aforesaid, came
Othel Vrana,, 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
land year first above written.
Harold -E. Peterson
Notary Public
IMy Commission Expires: February 16, 1964
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I hereby certify that the above and foregoing is a true and correct copy of
Resolution Number 2437 passed by the Board of Commissioners of Salina, Kansas
December 13, 1960.
ty Cler
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