R99-44 AUTHORIZING LICENSE WITH ILLINOIS CENTRAL RAILROAD

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' � � � Homewood, Illinois July 7, 1997 A 14986 City of Decatur #1 Gary K. Anderson Plaza Decatur, IL 62523-1196 Gentlemen: In consideration of the sum of ONE DOLLAR ($1 . 00) and other good and valuable consideration, the Illinois Central Railroad Company (nereinafter re=erred to as the Railroad Company; h�reby grants to CITY OF DECATUR, ILLINOIS (hereinafter called the Licensee) license and permission, at the Licensee ' s sole cost, risk and expense, to enter the Railroad Company' s property in the vicinity of Corley' s landfill south of the Sangamon River on the Railroad' s Peoria District from Mile Post P 78 . 6 to Mile Post P 78 . 8 in Decatur, Illinois, for the purpose of construction and maintenance of a security fence . The Licensee shall not enter the Railroad Company' s premises for the purpose as set forth above without having first given the Railroad Company' s Engineering Superintendent or his authorized representative at least three (3) days ' advance notice of the date the Licensee plans to commence the work. Railroad Company shall have the right, but not the duty, to require Licensee to furnish detailed plans prior to entry upon the said premises and to view and inspect any activity or work on Railroad Company' s property. If in the sole opinion of the authorized representative of the Railroad Company any said activity or work is undesirable for any reason, Railroad Company shall have the right to terminate this agreement and Licensee ' s iicei�se ar�d pe-rmissicn at cnce . � Railroad Company shall have the right, but not the duty, to restrict Licensee ' s activity on Railroad Company' s property in any way that Railroad Company may, in its sole opinion, deem necessary from time to time and shall also have the right, but not the duty, to require Licensee to adopt and take any safety precautions that Railroad Company may, in its sole opinion, deem necessary from time to time . No work shall be performed or equipment located within twelve feet (12 ' ) of the centerline of the nearest railroad track, except as specifically approved by Railroad Company' s Vice President-Maintenance or his duly authorized representative, and then only when appropriate Railroad Company supervisory personnel and/or flagmen are present .