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<br /> THIS AGREEMENT, dated as of the day of , ?0_ is made and
<br /> entered into by and between
<br /> NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corparation, whose
<br /> mailing address is Three Commercial Place, Norfolk, Virginia, 23510 (hereinafter called
<br /> "Railway"); and
<br /> CITY OF DECATUR, a political subdivision of the State of Illinois, whose mailing
<br /> address is #1 Gary K. Anderson Plaza, Decatur, Illinois 62523 (hereinafter called
<br /> "Licensee").
<br /> WITNESSETH
<br /> WHEREAS, Licensee proposes to install, maintain, operate and remove a 12-inch ductile
<br /> iron water pipe encased in a 24-inch steel pipe (hereinafter called the "Facilities") located in,
<br /> under and across the right-of-way or property and any tracks of Railway, at Milepost D-379.52,
<br /> Decatur-St. Louis Line, at or near Decatur, Macon County, Illinois, the same to be located in
<br /> accordance with and limited to the installation shown on print of drawings marked Sheet 1 of 2,
<br /> dated January 2005 and Sheet 2 of 2, dated November 2004 and Pipe Data Sheet, attached hereto
<br /> and made a part hereof; and
<br /> WHEREAS, Licensee desires a license to use such right-of-way or property of Railway
<br /> for the installation, construction, maintenance, operation and removal of the Facilities. ,
<br /> NOW, THEREFORE, for and in consideration of the premises, the payment of a non- I
<br /> re f un da b le, non-assigna b le one-time fee in t he amount o f S I X T E E N T H O U S A N D A N D 00/100
<br /> DOLLARS ($16,000.00) (hereinafter called the "Fee") to cover the Risk Financing Fee (as
<br /> hereinafter defined) in the amount of $1,000, and a one-time occupancy fee in the amount of �
<br /> $15,000, and the covenants hereinafter set forth, Railway hereby permits and grants to Licensee, I
<br /> insofar as Railway has the right to do so, without warranty and subject to all encumbrances,
<br /> covenants and easements to which Railway's title may be subject, the right to use and occupy so
<br />'� much of Railway's right-of-way or property as may be necessary for the installation,
<br /> construction, maintenance, operation and removal of the Facilities (said right-of-way or property
<br /> of Railway being hereinafter collectively called the "Premises"), upon the following terms and
<br /> conditions:
<br /> 1. Use and Condition of the Premises. The Premises shall be used by Licensee only
<br /> for the installation, construction, maintenance, operation and removal of the Facilities and for no
<br /> other purpose without the prior written consent of Railway, which consent may be withheld by
<br /> Railway in its sole discretion. Licensee accepts the Premises in their cunent "as is" condition, as
<br /> suited for the installation and operation of the Facilities, and without the benefit of any
<br /> improvements to be constructed by Railway.
<br /> 2. Installation of the Facilities; Railway Support. Licensee shall, at its expense,
<br /> install, construct, maintain and operate the Facilities on a lien-free basis and in such a manner as
<br /> will not interfere with the operations of Railway, or endanger persons or property of Railway.
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