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Exhibit 1 <br /> NORFOLK SOUTHERN RAILWAY COMPANY <br /> ACKNOWLEDGMENT FORM FOR WIRE AND/OR PIPE OCCUPATION <br /> WITHIN THE LIMITS OF A PUBLIC RIGHT OF WAY <br /> APPLICANT: City of Decatur, Illinois <br /> # 1 Gary K Anderson Plaza <br /> Decatur, Illinois 62523 <br /> SUBJECT: Decatur, Macon County, Illinois <br /> Milepost DH-378.77, Mosser-Hannibal Line, Illinois Division <br /> Latitude N 39.848278, Longitude W 89.005555 <br /> Norfolk Southern Activity No. 1275929 <br /> Proposed installation of an underground crossing of an 8-inch ductile iron water pipeline <br /> in a 24-inch steel casing pipe wholly within the confines of Moffett Lane(AAR/DOT <br /> #479255X) <br /> In response to Applicant's submittal dated September 30, 2019, regarding the proposed construction of the <br /> subject project, Norfolk Southern Railway Company ("Railway") does not object to the installation of the <br /> Facilities as shown on the attached Drawings marked Exhibits A and B, received by Railway on August 26, <br /> 2020, and Pipe Data Sheet, provided Applicant adheres to the following terms and conditions: <br /> • The Facilities shall be installed, maintained, repaired and renewed by and at the sole risk, cost and <br /> expense of the Applicant. <br /> • The Facilities must conform with all Federal, State and local laws, rules and regulations and will not be <br /> attached to any railroad structure or appurtenance and will not be located on any private property of <br /> Railway. <br /> • The design and construction of aerial Facilities shall comply with Railway's NSCE-4 Specification, latest <br /> edition, and underground Facilities shall comply with Railway's NSCE-8 Specification, latest edition. <br /> • Insurance <br /> (a) Without limiting in any manner the liability and obligations assumed by Applicant under <br /> any other provision of this Agreement, and as additional protection to Railway, Applicant shall, at its <br /> expense, pay the Risk Financing Fee set forth in subparagraph (i) below and shall procure and <br /> maintain with insurance companies satisfactory to Railway, the insurance policies described in <br /> subparagraphs (ii)and (iii). <br /> (i) Upon execution of this Agreement, Applicant shall pay Railway a risk financing <br /> fee of $1,000 per installation (herein called the "Risk Financing Fee") to provide Railroad <br /> Protective Liability Insurance or such supplemental insurance (which may be self-insurance) as <br /> Railway, in its sole discretion, deems to be necessary or appropriate. <br /> (ii) Prior to commencement of installation or maintenance of the Facilities or entry on <br /> Railway's property, Applicant, and its contractor if it employs one, shall procure and maintain for <br /> the course of said installation and maintenance, a general liability insurance policy naming <br /> Railway as an additional insured, and containing products and completed operations and <br /> contractual liability coverage, with a combined single limit of not less than $1,000,000 for each <br /> occurrence. <br /> (iii) Prior to commencement of any subsequent maintenance of the Facility during the <br /> term of this Agreement, unless Railway elects to make available and Applicant pays the then <br /> current risk financing fee for each affected installation, Applicant, or its contractor if it employs <br /> one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming <br /> Railway as the named insured and having a limit of not less than a combined single limit of <br /> $2,000,000 each occurrence and $6,000,000 aggregate. Such policy shall be written using <br /> Insurance Services Offices Form Numbers CG 00 35 01 10 01. <br />