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The status of the COUNTY is that of a licensee and not lessee ; granting the COUNTY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, the COUNTY covenants and agrees with the RAILWAY as follows : 1 . The CROSSING SITE shall be used for public at-grade road crossing purposes only and no utility, including telecommunications facilities , pipes , wires, cables ; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILVirAY . COUNTY further agrees that it will at all times keep the CROSSING SI'Z'E' , together with the additional portions of the RAILWAY ' S right-of way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the COUNTY and without cost to RAILWAY or lien upon RAILWAY ' S property. 2 . This Agreement is for an initial term of one (1 ) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty (50) days prior written notice. 3 . The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any _ of the . covenants and conditions ,. .then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess , and remove the crossing if it shall elect to do so . 4 . COUNTY shall pay an annual license fee in advance to RAILWAY of $ 3 , 500 . 00 for use of the Crossing . The license fee shall be increased each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of XFrm0499 Page 2