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Exhibit A <br /> Letter of Amendment <br /> By and Between <br /> City Of Decatur Illinois and Norfolk Southern Railway Company <br /> THIS LETTER OF AMENDMENT(the"Amendment"),dated as of the_day of . 2023, <br /> is hereby made and entered into by and between the CITY OF DECATUR, ILLINOIS, (hereinafter called <br /> "LICENSEE")and NORFOLK SOUTHERN RAILWAY COMPANY(hereinafter called"RAILWAY"). <br /> WHEREAS, LICENSEE and RAILWAY entered into an agreement, dated November 16, 2021, (the <br /> "Agreement") to close Brush College Road at-grade crossing (DOT# 328516E) and construct a new <br /> overhead bridge structure near milepost IT-43.53 at or near Decatur, Illinois,a copy of which is enclosed <br /> as Attachment 1 hereto; <br /> WHEREAS,the Agreement contemplated an order issued by the Illinois Commerce Commission <br /> ("ICC')but left blanks for references to such an order; <br /> WHEREAS,the parties desire to include appropriate references to ICC orders in the Agreement as <br /> appropriate; <br /> WHEREAS, LICENSEE received a grant from the Federal Railroad Administration for the Brush <br /> College Road improvements and that grant requires that LICENSEE include certain terms and conditions <br /> into the agreement with RAILWAY to comply with 49 U.S.C.§22905(c)(1); <br /> WHEREAS, LICENSEE desires to ensure the Agreement includes all applicable grant requirements <br /> by entering into this Amendment;and <br /> WHEREAS, the parties desire to amend certain items included as LICENSEE or RAILWAY <br /> obligations. <br /> NOW THEREFORE,the Agreement is modified and amended as follows: <br /> 1. The second recital in the Agreement is deleted in its entirety and replaced with the following: <br /> WHEREAS,the Illinois Commerce Commission authorized construction of the Facilities in <br /> Docket No.T18-0082 by issuing an Interim Order on January 21, 2020, a Final Order on <br /> December 16, 2021, and a First Supplemental Order on June 29, 2023, which may be <br /> further supplemented as needed(collectively,the"ICC Order");and <br /> 2. Paragraph 1.3 of the Agreement is deleted in its entirety and replaced with the following: <br /> Construction and Maintenance of the Facilities. LICENSEE shall obtain all necessary <br /> permits or other approvals necessary for the construction and maintenance of the <br /> Facilities. LICENSEE shall construct and maintain the Facilities, at its expense, in such a <br /> manner as will not interfere with the operations of RAILWAY or endanger persons or <br /> property of RAILWAY,and in accordance with(a) plans and specifications(if any)shown <br /> on said print(s)marked as Exhibit B and any other specifications prescribed by RAILWAY, <br /> (b)applicable governmental regulations or laws,and(c)applicable specifications adopted <br />