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77 <br /> LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT , effective as of the 29th day of March , 20059 <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, he inafter called <br /> " COUNTY . " <br /> WITNESSETH : <br /> That the RAILWAY , in consideration of the covenants and conditions lereinafter 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 Milepos 221 + 4 , 212 1 <br /> more particularly described in Exhibit A attached hereto and incorporated hereir 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 oradjacent 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 ri t 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 Page 1 <br />