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<br /> UNDERPASS PAINTING& SIDEWALK CANOPY AGREEMENT
<br /> THIS AGREEMENT, made and entered into by and between
<br /> NORFOLK SOUT�IERN RAILWAY COMPANY,a Virginia corporation,hereinafter styled
<br /> "Railway"; and
<br /> CITY OF DECATUR,a governmental entity of the State of Illinois,hereinafter styled "City":
<br /> WITNESSETH:
<br /> WHEREAS,Railway owns two(2)existing underpass bridge structures(hereinafter together
<br /> called"Bridges") located over City-maintained public roads designated as Oakland Avenue located at
<br /> Railway Milepost D-377.13 and West Main Street located at Railway Milepost D-377.18, in DECATUR,
<br /> Macon County,Illinois; and
<br /> WHEREAS, in connection with City's beautification plans, City requests permission to clean,
<br /> paint and thereafter to maintain the painting on the steel fascia beams of the Bridges; and
<br /> WHEREAS, City also requests permission to install and thereafter maintain sidewalk canopies
<br /> under the Bridges;
<br /> NOW, THEREFORE, for and in consideration of the covenants hereinafter made,Railway does
<br /> hereby grants permission to City to clean,paint, and thereafter maintain the painting on the steel fascia
<br /> beams of the Bridges and to install and thereafter maintain sidewalk canopies urider the Bridges
<br /> (hereinafter together called"Canopies")upon the following terms and conditions:
<br /> 1. City will install and maintain the Canopies, at its expense, at the location shown on prints
<br /> of Drawings, Pages 1 thru 3 of 3, dated January 4,2007, attached hereto as E�ibit A and made a part
<br /> hereof; said Canopies shall be installed in such manner as to not interfere with operations of Railway or
<br /> endanger persons ar property of Railway, and in accordance with(a)plans and specifications(if any)
<br /> shown on said prints and any other specifications prescribed by Railway, (b) applicable regulations
<br /> prescribed by statute or by governmental authority.
<br /> 2. To the extent permitted by the laws of the State of Illinois,City hereby agrees to
<br /> indemnify and save harmless Railway, its o�cers, agents and employees, from and against any and all
<br /> liability, claims, loss, damage, expense(including attorney's fees)or costs for personal injuries(including
<br /> death)and/or property damage to whomsoever or whatsoever, occurring or arising in any manner from
<br /> the installation, maintenance, operation,presence or removal or failure to properly install,maintain,
<br /> operate or remove the Canopies,unless such loss, damage or injury shall be caused solely by the
<br /> negligence of Railway. However, City does not waive any immunities,rights, limitations of liability,
<br /> exemptions or protections granted to it and its employees by federal law or the laws of Illinois. City will
<br /> require any contractors engaged to perform the work under this Agreement to agree to indemnify and save
<br /> harmless Railway and City,their officers, agents and employees, from and against any and all liability,
<br /> claims, loss, damage, expense(including attorney's fees)or costs for personal injuries(including death)
<br /> and/or property damage to whomsoever or whatsoever, occurring or arising in any manner from the
<br /> installation,maintenance, operation,presence or removal or failure to properly install,maintain, operate
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