R2008-145 AUTHORIZING AN AGREEMENT

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. � � �" � � � '� .h�. � LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS THIS AGREEMENT made in duplicate this 21St day of January,2008,between ILLINOIS CENTRAL RAILROAD COMPANY,party of the first part, hereinafter called the Railroad, and ile P-9181 City of Decatur One Gary K. Anderson Plaza Decatur, Illinois 62523 Party or parties of the second part, hereinafter called the Licensee, WITNESSETH: 1. In consideration of a one time fee of$4,650.00 in hand paid by the Licensee to the Railroad,the receipt whereof is hereby acknowledged and the faithful performance by the Licensee of the covenants herein contained, the Railroad, insofar as it lawfully may, hereby grants to the Licensee license and permission to construct and maintain a 12" ductile iron water main in a 24" steel casing (see attachment) (whether one or more pipes, cables or conduits hereinafter referred to as the"pipeline") across, along and underneath the property of the Railroad at Mile Post 79.51 in Elwin, IL, said pipeline being more particularly shown upon the exhibits hereto attached and made a part hereof, subject to the following conditions and specifications: 2. The license and pernussion herein granted to Licensee are subject and subordinate; however, to the rights in Railroad, its successors and assigns, its grantees, lessees and licensees, to construct,reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, any structures, improvements or facilities of similar or different character as are now or in the future may be located on,beneath or above said properties. 3. Licensee shall, except in emergencies, give not less than 72 hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work and in the event of an emergency shall notify Railroad as soon as possible. 1