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2439 Water Tower Use Permit27 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 referred to.as.the City, and General.Communications Company of Salina, Kansas, hereinafter referred to as the. Comp any 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.its water department. and located upon certain rehl 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 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 13 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 .thereofore incidental.: to andnecessary for the operation.of a radio:6tation,.which said real -estate - being more particularly..described as follows: Northwest Quarter of the Southeast Quarter Section 23, Township 14 South, Range 3 West, Saline County, Kansas (Sunset Park Water Tower) together with the right of ingress thereto and egress therefrom. 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 radiocommunication equipment and structures erected by any 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 interfer with the normal operation of City's water tower; and in theevent it is determined that said equipment is interferring with the operation of said City's water tower, Company will upon written notice remove the same. 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 4. Company waives all calim for damages against the City and agrees that the City shall not be responsible to saidCompany 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 ally. 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 shall not apply to any claims arising out of or proximately caused by ,agreement 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 c 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 7. Company agrees 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 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 descirbed 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 No._2439 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 officers thereto duly authorized and its corporate seal affixed thereto the day and year first above written. CITY. OF SALINA, KANSAS- - By Carl Ramsey Mayor Attest: H. E. Peterson City Clerk General Communications Company By Othel D. Vrana Owner Attest: Secretary STATE OF KANSAS ) SS COUNTY OF SALINE ) I hereby certify that the above and foregoing is a true and correct copy •off:, Resolution Number 2439 passed by the Board of Commissioners of Salina, Kansas December 13, 1960. City Clerk 1 1 J