R96-12 AUTHORIZING AGREEMENT WITH ILLINOIS CENTRAL RAILROAD COMPANY

Home Browse Search

� f • � . .� ' � . � . • LICENSE FOR UNDERGROUND PIPELINES, CABLES AND CONDUITS p 7772 THIS AGREEMENT, made in duplicate this 9th day of Januarv , 1g 96 , between ILLINOIS CENTRAL RAILROAD COMPANY, party of the first part, hereinafter called the Railroad, and CITY OF DFCATL'R One Gary K Anderson pla�a _ Decat�?r, TT. 625�'� party or parties of the second part, hereinafter called the Licensee, W I T N E S S E T H: 1. In consideration of a preparation and handling fee of $ None 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 6" potable water ni�;eline (whether one or more pipes, cables or conduits hereinafter referred to as the "pipeline" ) across, along and underneath the property of the Railroad on the nnrth side of Harrison Avenue on the Staley Lead Track in �ecatur, Illinois, said pipeline being more particularly shown upon the exhibits hereto attached and made a part hereof, subject to the following conditions and specifications: 2. Licensee shall pay Railroad $ None per annum payable - vears in advance and every - vears thereafter as rental for this license and permission. The annual payment is subject to change by Railroad at any time and from time to time after the fifth anniversary of this Agreement, upon notice to Licensee. In the event said payment is increased, Railroad shall not have the right to make another increase for at least five years from the effective date of such increase. 3 . The license and permission 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, op�rate, use, maintain, repair and renew on, beneath or above the property covered hereby, any s��ructures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 4. Licensee sha11, 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.