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J 1 <br /> . r <br /> LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT, effective as of the 6th day of , 20049 <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 " LWAY" 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 216+201 <br /> , <br /> more particularly described in Exhibit A attached hereto and incorporated herein by reference, <br /> hereinafter referred to as the "CROSSING SITE" : <br /> The C ROSSING S ITE i ncludes any railroad crossing w arning s igns , c r ssing s urfaces <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 SIT 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 /> xFrm 0499 Page 1 <br />