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(10-26-10) g �2Z \ 0 <br />FIRST AMENDMENT TO LICENSE AGREEMENT <br />t This First Amendment to License Agreement (the "Amendment") is made this in, day <br />of 1\10 4E44610 by Florida East Coast Railway, L.L.C. a Florida Limited Liability Company with <br />an address of 7411 Fullerton Street, Suite 300, Jacksonville, FL 32256, hereinafter called <br />"RAILWAY" and Indian River County, a political subdivision of the State of Florida, hereinafter <br />called "COUNTY". <br />WITNESSETH: <br />Whereas, RAILWAY and COUNTY have previously executed a License Agreement dated <br />October 9, 2008 (the "Agreement") which provided for the installation of an at -grade public <br />road crossing at 53rd Street, Vero Beach, FL at RAILWAY's Milepost 223 + 4,730 feet; as more <br />particularly described in the Agreement; and <br />Whereas, the RAILWAY'S estimated cost for installing the highway crossing warning <br />devices at the CROSSING SITE has increased by $201,560.00 from the original estimate of <br />$467,100.00 to $668,660.00 due to the increase in the amount of required materials and the <br />resulting increase in labor costs to install such materials which increased the current total <br />estimated cost of RAILWAY'S installation of the crossing to $1,128,204.00, all of which is <br />payable by the COUNTY to the RAILWAY; and <br />Whereas, RAILWAY and COUNTY now desire to amend the Agreement to reflect the <br />aforementioned increase in the cost of the construction of the crossing at the CROSSING SITE <br />and to allow RAILWAY to order the additional materials required for the installation of the <br />highway crossing warning devices; <br />NOW THEREFORE, in view of the foregoing statements, which form the factual basis for <br />this Amendment and in further view of other good and valuable consideration, the parties <br />agree as follows: <br />1. Effective Date of Amendment. <br />This Amendment shall take effect as of o' Et CSE ►2 1c1 , 2010 and shall <br />remain in effect for the remaining term of the License Agreement. <br />2. Modification to Paragraph 9. <br />The third sentence of Paragraph 9 is deleted and the following three sentences are <br />substituted in its place: <br />"Installation costs are estimated to be $668,660.00 in accordance with <br />RAILWAY's estimate dated 10/14/10 for the installation of highway crossing warning <br />devices attached hereto and incorporated by reference. COUNTY will issue any <br />necessary purchase orders to RAILWAY for the purchase of any additional materials <br />