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row agreement st. john's hospital 12/21/1987RIGHT-OF-WAY AGREEMENT This Agreement, made and entered into this -.7-Z day of December, 1987, 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 acquire and utilize a communications cable to serve the main hospital building and the accounting/purchasing office currently installed in the public right-of-way; and, WHEREAS, the City wishes to grant permission to Grantee to acquire and maintain such communications cable, subject to the conditions outlined below. (1). Permission. The City hereby grants permission to Grantee to acquire and maintain the communications cable in the following location in the public right-of-way: One such communication cable installed beneath Penn Avenue between Block 11 (Main Hospital Building) and Lot 9 (Accounting/Purchasing office), Block 12, Riverside Park 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 installations 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. CITY OF SALINA, KANSAS By Stephen C. Ryan, Mayor ATTEST: / ..✓l '��/f •G�6-ice tty Clerk ST. JOHN'S HOSPITAL By �lt %� �2/a17 Robert Assistant Administrator for Administrative Services -2-