7/13/2016 2:20:26 PM
9/30/2015 8:35:50 PM
Official Document Type
Agenda Item Number
Florida East Coast Railway, L.L.C.
License Agreement Maintenance
North Winter Beach Road
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The status of the COUNTY is that of a licensee and not lessee , granting the COUNTY the right <br /> to use the CROSSING SITE as specified herein . <br /> In consideration of the granting of this Agreement by the RAILWAY , the COUNTY <br /> covenants and agrees with the RAILWAY as follows : <br /> 1 . The CROSSING SITE shall be used for public at- grade road crossing purposes only <br /> and no utility, including telecommunications facilities , pipes, wires , cables ; ot other line or <br /> structure shall be placed in, on or over the CROSSING SITE without the previous consent in <br /> writing of the RAILWAY . COUNTY further agrees that it will at all times keep the CROSSING <br /> SITE , together with the additional portions of the RAILWAY ' S right-of-way within 325 feet of <br /> the northerly and southerly limits or boundaries of the CROSSING SITE clear of iny vegetation <br /> or other growth greater than two (2) feet in height on each side of the tracks at th sole expense <br /> of the COUNTY and without cost to RAILWAY or lien upon RAILWAY ' S property. <br /> 2 . This Agreement is for an initial term of one ( 1 ) year and shall con inue in effect <br /> thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty <br /> (60) days prior written notice . <br /> 3 . The provisions and stipulations of this Agreement are a part of the consi Jeration of the <br /> licensing of the CROSSING SITE, and in the event the COUNTY shall fail to co ply with any <br /> of the covenants and conditions , then, at the option of the RAILWAY, this Agree <br /> ment shall be <br /> terminated with full legal rights and remedies retained by the RAILWAY , including but not <br /> limited to the right to reenter, repossess , and remove the crossing if it shall elect to do so . <br /> 4 . COUNTY shall pay an annual license fee in advance to RAILWAY of <br /> $ 3 , 000 . 00 for use of the Crossing . The license fee shall be increased each year on the <br /> anniversary date of this Agreement, commencing on the anniversary date of the <second year of <br /> XFrm0499 Page 2 <br />
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