Attachment Agreement
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PERMANENT BUILDING ATTACHMENT AGREEMENT
FOR ELECTRICAL SERVICE TO CITY TRAFFIC CONTROL DEVICES
This Permanent Building Attachment Agreement ("Agreement") is made this 14th day of
June, 2007, by and between ANDREA PFEIFER and JOANNA BLOMQUIST, (the "Building
Owner") and the CITY OF SALINA, KANSAS (the "City'}
Recitals
A Building Owner owns the building addressed as 101 N. Santa Fe, Salina, Kansas
(the "Building") located upon real estate (the "Real Estate") legally described as follows:
Lot One Hundred Eight (108) and the South Two (2) feet of Lot One Hundred Six
(106) on Santa Fe, Original Town of Salina.
B. " Attached to the west side ofthe Building is a Westar Energy, Inc. electrical junction
box and conduit (the "Junction Box").
C, The City has undertaken a project to construct new traffic control devices at the
intersection ofIron Street and Santa Fe Avenue (the "Traffic Control Device").
D, The electrical power source for the Traffic Control Device is to be accessed from the
Junction Box,
K The electrical line in conduit to provide service from the Junction Box to the Traffic
Control Device (the "Electrical Line") will run from the Junction Box, then down the side of the
Building to a point on the surface of the adjoining public right-of-way, then underground in the
public right-of-way to the Traffic Control Device.
THE PARTIES therefore agree and covenant:
Section 1. Authorization for Attachment. Building Owner authorizes the City to attach the
Electrical Line to the Building as it runs from the Junction Box to the point on the surface of the
adjoining public right-of-way at which the Electrical Line begins to run underground to the Traffic
Control Device for so long as the Traffic Control Device or its replacement is serviced from the
Junction Box or its placement.
Section 2. Installation and Removal. The City shall cause the Electrical Line to be
attached to the Building in a workmanlike manner. At such time as it becomes necessary for the
City to remove the Electrical Line from the Building, the City shall notify the Building Owner of:
(a) the City's intention to remove the Electrical Line froin the Building, (b) when the removal is
scheduled to occur, and (c) the manner in which the affected exterior wall of the Building is to be
reasonably restored by the City.
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Section 3. Maintenance. The City shall be responsible for maintaining the Electrical Line.
Section 4. Third Partv Claims. The City shall defend any third-party damage claims
associated with the Electrical Line which may be presented against Building Owners by any
persons not a party to this Agreement and hold Building Owners harmless from any such damage
claims.
Section 5. Binding Effect and Covenants Running with the Land. This Agreement shall be
binding upon and inure to the benefit of the parties and their heirs, beneficiaries, personal
representatives, successors, and assigns; The agreements and covenants herein shall be binding
upon and shall run with the Real Estate.
IN WITNESS WHEREOF, the duly authorized officers and representatives of the parties
have signed this Agreement the day and year first above written.
PROPERTY OWNERS
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CITY OF SALINA, KANSAS
BY:~~~~
/Kariton Place, City Engineer
ATTEST:
By:
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STATE OF KANSAS, SALINE COUNTY, ss:
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BE IT REMEMBERED, that on this <::::.L day of J.afte, 2-007", before me, the
undersigned, a notary public in and for the county and state aforesaid, came Andrea Pfeifer and
Joanna Blomquist, who are personally known to me to be the same persons who executed the
above and foregoing instrument of writing and duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above wri~ O~
n l \ ~ Notary Public
My appointment expires: ,Q~'1 -lO
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ day of ~ 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Karlton Place, City
Engineer, and Lieu Aun Elsey, City Clerk, who are personally known to me to be the same
persons who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the City of Salina, Kansas.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
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