Loading...
Electric Distribution Facilities & PaymentAGREEMENT OF RELOCATION OF ELECTRIC DISTRIBUTION FACILITIES AND PAYMENT THIS AGREEMENT is entered into this day of , 20(D-7 , between WESTAR ENERGY, INC. (Westar), a Kansas Corporation, and City of Salina (customer), with an address at 300 W. Ash, Salina, Kansas 67401. WHEREAS, Westar provides electric service at South Ohio Street, in Salina, Saline County, Kansas; and WHEREAS, Westar has existing main overhead circuits, 34kv and 12kv, located in utility easements dedicated to Westar in Saline County Book 65, Page 430; Book 65, Page 432; and Book 66, page 32; and WHEREAS, the City of Salina requests that Westar relocate a portion of its electric sub - transmission and distribution facilities, specifically from south of Magnolia Road to the south side of Schilling Road on the east side of Ohio Street, for the purpose of widening Ohio Street; and WHEREAS, pursuant to "General Terms and Conditions for Electric Service" on file with the Kansas Corporation Commission, Westar will relocate such facilities subject to customer paying the actual costs of the relocation. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: The terms "relocate" or "relocation" as used herein shall be deemed to include the terms "rebuild," "rebuilding," "alter," "alteration," "removal," and the term "or otherwise change." 2. The estimated cost of the requested relocation above described, is $249,000.00. 3. Westar agrees: To relocate existing 34kv overhead line with 12kv under -build, to a designated location within the new and existing R/W of South Ohio Street, as per construction plans provided by the City. 4. City agrees: a. To provide suitable space, in new R/W to construct the relocated double circuit. b. To provide 20 feet of temporary construction and clearing easement to allow for construction of relocated line. c. To survey and stake new east R/W line of South Ohio from North of Magnolia Road to Schilling Road. d. To pay to Company actual costs for the relocation of -electric facilities including tree clearing to allow construction and initial clearance on the relocated line. 5. The provisions of this Agreement shall not be changed except by writing duly signed by Company and City; however, the Agreement is subject to valid orders of legally constituted regulatory bodies having jurisdiction over the subject matter of this Agreement. 2 6. .This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. Company shall have the same right to invoke and enforce the above covenants condition, restrictions and reservations of this Agreement as to such future parties as if the original parties hereto. The City shall not assign or transfer any of its rights or obligations, or assign any payments to be made to it under this Agreement without previous written consent of Company which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City of Salina, Kansas By: dian, i Print Name: T -I"'1 CI Y1 y �� Title: M(ky V Date: `�— q — a w l- Westtaar Energy, Inc. By: AA;6� Tom Sydow, Region Director Date: �� ✓ 07