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LICENSE AGREEMENT
<br /> UNDERGROUND SANITARY SEWER FORCE MAIN
<br /> THIS AGREEMENT made in duplicate this ��d day of �ic��.✓ , 2008, between
<br /> THE CITY OF DECATUR, ILLINOIS, hereinafter CITY, and SECURE ENERGY DECATUR,
<br /> LLC., hereinafter LICENSEE, authorizes LICENSEE the privilege of locating their sanitary sewer
<br /> force main along, under, and within the CITY Right of Way in accordance with the following
<br /> specifications. This licensing document is intended to be complementary to Chapter 41.1 of the
<br /> CITY Code and in case of conflict the AGREEMENT supersedes the CITY code.
<br /> WITNESSETH:
<br /> 1. In consideration of a one-time permit application fee of 100.00, in hand paid by
<br /> LICENSEE to CITY, the receipt of which is hereby acknowledged, and the faithful
<br /> performance by LICENSEE of the covenants herein contained, CITY, insofar as it
<br /> lawfully may, hereby grants to LICENSEE license and permission to construct and
<br /> maintain a ten inch sanitary sewer force main with related appurtenances (see
<br /> attachment) along and underneath CITY right of way descnbed generally as 5 feet
<br /> south of the North Right of Way line on East Hubbard Avenue in Decatur, Illinois. The
<br /> limits of the project begin, near the Northwest corner approximately of 27th Street and
<br /> extend easterly approximately 4,250 feet to a point East of ADM and Caterpillar, said
<br /> sanitary sewer force main being more particularly described upon the exhibits attached
<br /> hereto and incorporated by reference, subject to the following conditions and
<br /> specifications and those found in Chapter 41.1 of the City code.:
<br /> 2. The license and permission herein granted LICENSEE are subject and subordinate
<br /> however, to the rights of CITY, its successors and assigns, to construct, reconstruct,
<br /> operate, use, maintain, repair and renew on, beneath or above the property covered
<br /> hereby, any structures, improvements or facilities of similar or different character as are
<br /> now or in the future may be located on, beneath, or above said properties.
<br /> 3. LICENSEE shall, except in emergencies, give not less than 72 hours written notice to
<br /> CITY of the day, hour and location that it proposes to undertake any construction or
<br /> maintenance work and in the event of emergency shall notify CITY as soon as possible.
<br /> LICENSEE shall require each of its contractors and subcontractors to observe and
<br /> conform to the conditions specified herein, and for the purposes of the safety, protective
<br /> and indemnification provisions herein, such contractors and subcontractors, shall be
<br /> deemed agents or employees of LICENSEE.
<br /> 4. LICENSEE shall, at no expense to CITY, obtain all permits and approvals required to
<br /> exercise this license, and LICENSEE shall install, maintain, and operate its facilities in
<br /> accordance with all requirements of lawful public authority. LICENSEE shall be
<br /> responsible for any taxes, assessments, and charges made against the sanitary sewer
<br /> force main or other of LICENSEE'S facilities on CITY property, or the operation of any
<br /> of them.
<br /> 5. CITY'S authorized representative shall have the right, but not the duty, to require certain
<br /> materials or procedures to be used, or supervise the construction, maintenance,
<br /> restoration, or other work on CITY'S property.
<br /> 6. CITY shall have the right, but not the duty, to furnish temporary protective street signage
<br /> or other protection, or to perform work to protect its property and/or permitted and
<br /> intended users of its property, at LICENSEE'S sole risk and expense.
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