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LICENSE FOR CONSTRUCTION AND OPERATION OF OVERHEAD STRUCTURE <br /> THIS LICENSE FOR OVERHEAD STRUCTURE (License) is entered this 36Vday of SOL.Y , 2012, by <br /> and between the CITY OF DECATUR, ILLINOIS, a home rule municipal corporation, (hereinafter referred <br /> to as the "CITY") and ARCHER-DANIELS-MIDLAND COMPANY, a Delaware corporation, (hereinafter <br /> referred to as"ADM"). <br /> WHEREAS, CITY owns and maintains for public use a roadway within the City of Decatur named and <br /> identified as Faries Parkway. <br /> WHEREAS, ADM owns real estate immediately south of Faries Parkway (as described by Exhibit 3 <br /> ("West Plant")) and real estate immediately north of Faries Parkway (as described by Exhibit 3 ("Rail <br /> Yard Switching Area")); <br /> WHEREAS, ADM's operational efficiency and safety will be enhanced if ADM were licensed to construct <br /> and operate an overhead conveyor system for the conveyance of commodities and agricultural products <br /> to and from the West Plant and the Rail Yard Switching Area; <br /> WHEREAS, public safety and the efficient flow of vehicular traffic in and around Faries Parkway will be <br /> enhanced if commodities and agricultural products were conveyed to and from ADM's West Plant and <br /> Rail Yard Switching Area by an overhead conveyor system over Faries Parkway, rather than by train cars <br /> crossing Faries Parkway and/or semi-trucks traveling on Faries Parkway; <br /> WHEREFORE, the City of Decatur licenses ADM to construct, maintain and operate an overhead <br /> conveyor system over Faries Parkway in accord with the terms and conditions as follows: <br /> 1. The CITY licenses and permits ADM to construct, maintain, and operate an overhead conveyor <br /> system at the location specified in Exhibit 1. The purpose of the overhead conveyor system shall <br /> be to convey commodities and agricultural products to and from ADM's West Plant and ADM's <br /> Rail Yard Switching Area. <br /> 2. The overhead conveyor system shall be constructed and maintained in accordance with the <br /> specifications attached hereto as Exhibit 2. ADM shall construct and maintain the overhead <br /> conveyor system in compliance with all applicable standards for the construction of facilities in <br /> the public right-of-way. <br /> 3. ADM shall maintain the overhead conveyor system in good operating condition and in <br /> compliance with all applicable codes, regulations and laws. In the event of a hazard or unsafe <br /> condition which arises from the overhead conveyor system which affects the public use and <br /> right-of-way along Faries Parkway, ADM shall take immediate action to protect public safety and <br /> the public use of the roadway, including the use of signs, lights, barricades or flaggers. When <br /> performing construction or maintenance of the overhead conveyor system, ADM shall minimize <br /> any disruption to the public use of Faries Parkway and shall notify the CITY's Director of Public <br /> Works and the City of Decatur Police Department of the nature, need and duration of any <br /> disruption of the public right-of-way and public use of Faries Parkway. In the case of emergency <br /> repair or maintenance, ADM shall file with the City of Decatur within 48 hours a description of <br /> the repairs undertaken. ADM shall prepare and maintain and emergency contingency plan in <br /> compliance with ILCC Regulation. <br /> Page 1 of 4 <br /> #71552-v3 <br />