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o <br /> Q ' 0QS <br /> ORIGINAL. <br /> /it <br /> LICENSE AGREENENIT <br /> �t1 D <br /> THIS LICENSE AGREEMENT, effective as of the (9 AV <br /> ofdA &r, 1A20054 <br /> is between the FLORIDA EAST COAST RAILWAY, L. L. C . (Address : P . O . Drawer 1048 , St, <br /> Augustine, Florida 32085) , a limited liability company, hereinafter called "RAILWAY" and <br /> INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called <br /> "COUNTY . " <br /> 1ArfrNESSETH : <br /> That the RA L WAY, in consideration of the covenants and conditions hereinafter set <br /> forth to be .performed and kept by the COUNTY, hereby permits the COUNTY to construct, use, <br /> maintain, repair, renew and ultimately remove an at-grade public road crossing across and over <br /> the tracks , right of way and property of RAILWAY, at the RAILWAY' S Milepost 219 + 3 , 059 ' , <br /> more particularly described in Exhibit A attached hereto and incorporated herein by reference, <br /> hereinafter referred to as the "CROSSING SITE" : <br /> The CROSSING SITE includes any railroad crossing warning signs , crossing surfaces <br /> and automatic crossing wanting devices which are, or might be , located within or adjacent to the <br /> above-described location,__provided that, the construction of the CROSSING SITE shall be done <br /> 7 . <br /> by RAILWAY as provided in this License Agreement ("Agreement") and further provided that, <br /> notwithstanding rights to the COUNTY granted herein, RAILWAY reserves the right to perform <br /> all work required on RAT ViTAY ' S property including construction, drainage, lighting and <br /> vegetation management, in which event COUNTY shall pay the. RAILWAY the entire cost and <br /> expense of labor, materials and equipment furnished by P. A=IA7`AY in performing such worlh. <br /> XFrm0499 Page 1 <br />