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Lot 1, Block 12 . . , . Mi~c. Bk I &J-. Pg 74-:3- COVENANT GRANTING ACCESS TO THE CITY OF SALINA WATER AND W ASTEW A TER DEPARTMENT This covenant is made this Ji. day of March, 1996, by and between Premier Pneumatics, Inc., (the "Owner"), and the City of Salina Water and Wastewater Department, (the "City"). Recitals A. Owner owns a commercial building (the "Building") located at 400 East North Street, Salina, Kansas, legally described as: Lot One (1), Block Twelve (12), Northeast Industrial Park, Blocks Eleven (11) and Twelve (12), City of Salina, Saline County, Kansas B. The regular incoming water service to the Building has been installed such that discontinuation of water service from the exterior of the Building for any reason would require that the source of water for fire protection also be terminated. C. As a condition of providing service to the Building, the City has required that Owner for itself and all future owners of the Building, guarantee access to the water meter located inside the Building during normal business hours. THEREFORE, Owner covenants, for itself and for future owners of the Building that: 1. Grant of Access. Owner grants the City, its authorized agents and employees, access to the water meter located in the Building from 8:00 a.m. to 5:00 p.m., Monday through Friday, for any purposes relating to the City's provision of water service to the Building, including the right to access the water meter during those hours for the purpose of discontinuing water service in accordance with the City's termination of service policy. 2. Termination. This Covenant shall terminate at such time as incoming water service is tapped separately from the source of water for fire protection and the water meter is accessible from the exterior of the Building. The City will then file a written release of this Covenant with the Saline County Register of Deeds. 3. Binding Covenant. This Covenant is essential to the City's ability to provide water and wastewater utility service to the Building, shall run with the land, and shall therefore , . .~ Mf<,!:. B~ .LfA ~ pg.z l/ tJ- be binding upon Owner, its successors and assigns, and all future owners of the Building and their heirs, beneficiaries, personal representatives, trustees, successors, and assigns. EXECUTED the day and year first above written. m~ By: Robert Korbelik, Vice President "O\VNER" CITY OF SALINA, KANSAS By: ~~ ~o/ / . . ::(~ ~ QQnald . off, Dfi1r!: ~ j Engineering & Utilities . "CITY" STATE OF KANSAS, COUNTY OF KANSAS, ss: On this '[!i-.- day of March, 1996, before me a Notary Public in and for said state, personally appeared Robert Korbelik, Vice President of Premier Pneumatics, Inc., known to me to be the person who executed the within Covenant Granting Access to the City of Salina Water and Wastewater Department and acknowledged to me that he executed the same for the purposes therein stated. . SHERYL A. RASSETTE ='" ",. Notary Public State of Kansas -- ... My Appt. Explfes ,~ ..j).7 - ") '7 ," / "j , < ~ //i~'1(.4 / A.<1~: Public My appointment expires: STATE OF KANSAS, COUNTY OF KANSAS, ss: On this~~/Iday of February, 1996, before me a Notary Public in and for said state, personally appeared Donald E. Hoff, Director, Engineering & Utilities for the City of Salina, -2- . Mi~. ~II {It.~ pg~'i2 Kansas, known to me to be the person who executed the within Covenant Granting Access to the City of Salina Water and Wastewater Department and acknowledged to me that he executed the same for the purposes therein stated. ./ ..,- . . .' ,. \~ -j' ," [< . <,.-./. . 'Notary public My appointment expires: .. 4. SUE A. GRAY t... State of Kansas ....... My Appt. Exp./(:-,r- c.... ì srATEOFKANSAS }c...-- N FlLEDFORRECOHO COUNTY OF SAlI NE 55. IN MYOFFICEAT J:~7~MA~ 91996 AND DULY ELM. '- RECORDED '-1' VOL ~(oj..,; . ATPAGE 7¥Ò-7'rS I1J ø. ()f0Œl)S0 II ~~4.. Crj'(~ 1009 c' '(:jk, M:~(, t;~ -3-