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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 I 1 23 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 1 1.1