st. john's hospital right of way 12/6/1989QNN'S NOS
s
`rALINX F
December 6, 1989
Mr. Don Hoff
City Engineer
P.O. Box 736
300 West Ash
Salina, KS 67401
Dear Mr. Hoff:
Enclosed is the signed copy of the Right -Of -Way Agreement we had
previously discussed. Thank you for your help and cooperation in
this matter.
Should you have any questions, please contact me at the number
listed below.
incerely,
jJacrHinnenkamp
perations Ma ager
n's Hospital
H. Penn
Salina, KS 67401
913-823-4155
JH/tms
Enclosure: 1 Agreement
139 North Penn • P.O. Box 5201 • Salina, KS 67402-5201 • (913) 827-5591
RIGHT-OF-WAY AGREEMENT
This Agreement, made and entered into this rj day of December,
1989, by and between the CITY OF SALINA, KANSAS, a municipal corporation
(the "City"), and ST. JOHN'S HOSPITAL, Salina, Kansas ("Grantee"),
WITNESSETH:
WHEREAS, Grantee wishes to install and utilize a communications cable
to be installed in the public right-of-way of Johnstown Avenue to serve the
main hospital building and proposed office space; and,
WHEREAS, the City wishes to grant permission to Grantee to install and
maintain such communications cable, subject to the conditions outlined below:
(1). Permission. The City hereby grants permission to Grantee to
install and maintain the communications cabl? in the following location in
the public right-of-way:
One such communication cable installed beneath Johnstown Avenue
between Block 11, Riverside Park Addition (Main Hospital Building) and
Lot 5 and the North 84 ft. of Lots 6 and 7, (proposed office space),
Block 4, Oakdale Addition, City of Salina, Kansas.
(2). Conditions. This grant of permission shall be subject to the
following conditions:
A. Grantee shall maintain the cable in good working condition and
hold the City harmless from any liability that might arise from the
use and maintenance of the cable.
B. Materials, plans and construction for maintenance purposes shall
be approved by, or as directed by the City Engineer.
C. Grantee shall relocate the cable at any time the City determines
such relocation to be necessary, at Grantee's expense.
D. Grantee's access to the cable following initial installation for
whatever purpose shall be subject to the Salina Code provisions
relating to excavations in public right-of-way.
(3). Relocation or Additional Installation. The specific
installation authorized by this Agreement shall include only those described
in paragraph (1) above. Any relocation of the existing installation or any
additional installations in the public right-of-way for the same purpose are
hereby authorized, subject to approval by the City Engineer and subject to
the conditions outlined in paragraph (2) above.
(4). Binding Effect. The foregoing conditions shall be binding upon
all grantees, successors or assigns.
ATTEST:
City Cl rk
-2-
CITY OF SALINA, KANSAS
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By Don M, fP. .
ST. JOHN'S HOSPITAL
By �Daj IL�
Robert Houck,
Assistant Administrator for
Administrative Services