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<br /> ATTACHMENT 1 NS File:BR1113299
<br /> THIS AGREEMENT,dated as of the_-L day of/�f7U4w�';20 Leis made and entered into by and
<br /> between
<br /> NORFOLK SOUTHERN RAILWAY COMPANY,a Virginia corporation,whose mailing address is 650
<br /> West Peachtree Street NW Atlanta,GA 30308(hereinafter called"RAILWAY");and
<br /> THE CITY OF DECATUR, ILLINOIS, an Illinois Municipality, whose mailing address is 1 Gary K.
<br /> Anderson Plaza,Decatur,Illinois 62523(hereinafter called"LICENSEE").
<br /> RECITALS
<br /> WHEREAS, LICENSEE, at its own cost and expense, has found it necessary to close the existing Brush
<br /> College Road at grade crossing(DOT#328516E)and construct a new overhead bridge structure(the"Facilities")to
<br /> carry Brush College Road over RAILWAY, in the vicinity of RAILWAY Milepost IT-43.53, at or near Decatur,
<br /> Macon County, Illinois(die"Premises"), located substantially as shown upon print of Drawing marked Exhibit A;
<br /> and
<br /> WHEREAS,the Illinois Commerce Commission issued an order on authorizing construction
<br /> of the Facilities in Docket No. ;and
<br /> WHEREAS, pursuant to the ICC Order,RAILWAY is willing to permit the LICENSEE's contractor(s)to
<br /> enter upon RAILWAYS's Premises for construction of the Facilities upon the terms and conditions of this Agreement;
<br /> and in accordance with the plans and specifications marked Exhibit B;and
<br /> WHEREAS, RAILWAY is willing,at LICENSEE's sole expense, to make modifications to RAILWAY's
<br /> right of way and/or appurtenances rendered necessary by LICENSEE's installation, construction, maintenance,
<br /> operation and removal of its Facilities in accordance with the force account,estimate marked Exhibit D;and
<br /> WHEREAS, LICENSEE will eliminate the at grade crossing with active warning devices on the existing
<br /> Brush College Road at the tracks of RAILWAY at RAILWAY Milepost IT-43.53;and
<br /> WHEREAS,RAILWAY is willing to participate in the cost of the construction of the new grade separation
<br /> structure as hereinafter provided.
<br /> NOW THEREFORE, for and in consideration of the premises and mutual covenants contained in this
<br /> Agreement,the parties agree as follows:
<br /> I. LICENSEE'S FACILITIES
<br /> 1. Right-of-Entry. RAILWAY,insofar as its rights and title enables it to do so and subject to its rights
<br /> to operate and maintain its RAILWAY and RAILWAY appurtenances along, in, and over its right-of-way,grants
<br /> LICENSEE,its agents and/or contractors,without compensation,the right to enter upon the Premises,for the purpose
<br /> of installation,construction,maintenance,operation and removal of the Facilities,provided that, prior to entry upon
<br /> lands of RAILWAY,any agent and/or contractor of LICENSEE must execute and deliver to RAILWAY a standard
<br /> contractor right-of-entry agreement in a form approved by RAILWAY in its sole discretion, together with any
<br /> certificate(s)of insurance required therein. Furthermore,any crossing of RAILWAY tracks by LICENSEE or any of
<br /> its agents and/or contractors must be addressed by a standard temporary crossing agreement in a form approved by
<br /> RAILWAY in its sole discretion.
<br /> 2. Use and Condition of the Premises. The Premises shall be used by LICENSEE only for the
<br /> installation,construction, maintenance,operation and removal of the Facilities and for no other purpose without the
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