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LICENSE AGREEMENT <br />No <br />THIS LICENSE AGREEMENT, effective as of the acR day of fe6gOA/2006, <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 />WITNESSETH: <br />That the RAILWAY, 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 228 + 118', <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 warning 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 />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 RAILWAY'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 RAILWAY in performing such work. <br />XFrm0499 <br />Page 1 <br />