82-13 AUTHORIZING LICENSE NORTH RAILROAD AVENUE SPUR TRACK - MASON STEEL

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. .' . �� LICENSE AGREEMENT THIS AGREEMENT MADE THIS � day of � , 1982 by and between the CITY OF DECATU�, a municipal corpora ion, having its principal office at #1 Civic Center Plaza, Decatur, Illii:ois 62523 ("LICENSOR") and MA50N STEEL FABRICATING COMPANY, INC. , a Delaware corporation, having its principal office at 1645 N. Railroad Avenue, Decatur, I1linois 62525 ("LICEN�EE") , W I T N E S S E T H: WHEREAS, Licensee is desirous of establishing a railroad siding tract ("SPUR") for the purnose of providing railroad service to the certain real estate owned or occupied by Licensee and utilized in its fabrication business , and WHEREAS, the centerline ot the rails constitutina said Spur as same proceeds from the railroad premises to the Licensee' s premises is depicted on the certain Plat dated December 21, 1981 prepaxed by Illinois Land Surveyor, T�?arren E. Hagan, and attached hereto as Exhibit A and by reference made a part hereof, and WHEREAS, as shown by said Exhibit A said Spur will cross Railroad Avenue ("AVENUE") and the certain alley ("ALLEY") which proceeds South from Oliver Street and which Avenue and Al1ey are properties �msd by and under the jurisdiction of Licensor, and WHEREAS, Licensee is in need of a riqht-of--way license in order to establish, construct and maintain said Spur on, over and across Licensor' s Avenue and Alley properties, and WHEREAS, Licensor is willing to grant to Licensee its requested right-of-way license subject, neverthe�ess , to the covenants and conditions as are hereinafter set forth. NOW, THEREFORE, Licensorc�oes hereby grant unto Licensee a right-of-way license to establish, construct and maintain a sinqle tract Spur on, over and across said Avenue and Alley at the points �o located on said Exhibit A, such license _qrant. nevertheless, being subjeet to each of the following covenants and conditions : 1. NATURE OF LICENSE: The L�cense hereby granted is revocable at any time atter the date hereof by Licensor provided, nevertheless, Licensor gives Licensee at least 6 months written notice of the effective date for such License revocation. 2. CONSTRUCTION A.ND MAINTENANCE: Licensee agrees in establishing, constructing and maintaining the Spur on, over and across said Avenue and said Alley to at all times comply with the applicable provisions pertaining to "Establishment, Construction and Maintenance of Grade Crossinqs" as are set forth by the Illinois Commerce CommissiQn in Section 200 of G�neral Order No. 138 and as are amended from time to time following the date hereof. 3. HAND FLAGGING: Licensee agrees to provide "hand flagging" whenever a railroad car, engine or other equipment enters upon said Avenue or said Al1ey by way of said Spur.