R2012-186 AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AGREEMENT

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RIGHT OF ENTRY The Illinois Central Railroad Company (hereinafter referred to as the Railroad Company) hereby grants to City of Decatur #1 Gary K. Anderson Plaza, Decatur, IL 62523, telephone 217-424-2747 (hereinafter called the Licensee) license and permission, at the Licensee's sole cost, risk and expense, to enter the Railroad Company's property in the vicinity of Garfield Avenue bridge, Railroad Milepost 753.20, Peoria Subdivision for purposes related to bridge inspection work near Decatur, IL on, over and near the Railroad Company's tracks and right-of-way, as generally shown on Location Exhibit, attached hereto and made a part hereof. Licensee shall pay to the Railroad Company upon execution of this agreement the sum of$750.00 to cover preparation and administration of this agreement. The aforesaid sum is not refundable in the event Licensee elects not to enter upon the Railroad Company's property or the event the Railroad Company elects to terminate this license for any reason whatsoever. The Licensee shall not enter the Railroad Company's premises for the purpose as set forth above without having first given the Railroad Company's Senior Engineering Manager or his authorized representative at least five (5) days' advance notice of the date Licensee plans to commence the work. The Railroad Company shall have the right, but not the duty, to require the Licensee to furnish detailed plans prior to entry upon the premises and to view and inspect any activity or work on or above the Railroad Company's property. If in the sole opinion of the authorized representative of the Railroad Company any said activity or work is undesirable for any reason, the Railroad Company shall have the right to terminate this agreement and the Licensee's license and permission at once. The Railroad Company shall have the right, but not the duty, to restrict the Licensee's activity on the Railroad Company's property in any way that the Railroad Company may, in its sole opinion, deem necessary from time to time and shall also have the right, but not the duty, to require the Licensee to adopt and take any safety precautions that the Railroad Company may, in its sole opinion, deem necessary from time to time. No work shall be performed or equipment located within twenty-five feet (25') of the centerline of the nearest railroad track without the expressed permission of the Railroad Company's Senior Engineering Manager or his duly authorized representative and then only when either the track has been removed from service or a Railroad Company flagman is present. The Railroad Company may, at the Licensee's sole cost, risk and expense, furnish whatever protective services it considers necessary, including, but not limited to, flagmen, watchmen and inspectors. The Licensee shall at all times conduct its work in accordance with any and all "Special Provisions" which may be appended hereto which, by reference hereto, are hereby made a part hereof. AS A CONSIDERATION AND AS A CONDITION, WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, LICENSEE AGREES TO INDEMNIFY AND SAVE Illinois Central Railroad Company - Original