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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; or 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 any vegetation <br />or other growth greater than two (2) feet in height on each side of the tracks at the 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 continue 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. COUNTY shall pay an annual license fee in advance to RAILWAY of $6,000.00 (Six <br />Thousand Dollars), 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 />this Agreement, by the product of the annual license fee in effect for the preceding year <br />multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer <br />Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of <br />Labor ("CPP'), or 3%, whichever is greater. The base CPI will be the CPI for the month of the <br />XFrm0499 Page 2 <br />