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THIS BLANKET LICENSE AGREEMENT, made and entered into, in duplicate, this day of
<br />A.D., 199 by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called
<br />"Railway" and INDIAN RIVER COUNTY, a political subdivision of the state of Florida, c/o Department of Utility
<br />Services, 1840 25th Street, Vero Beach, Florida 32960, hereinafter called "Licensee",
<br />WITNESSETH:
<br />WHEREAS, die Licensee has heretofore constructed and now maintains overhead and subgrade appliances and
<br />fixtures crossing an and across the Railways right of way and over and under the tracks and facilities of the Railway at points
<br />listed on the schedule marked "Schedule A" attached hereto, and
<br />WHEREAS, the Licensee may desire in the future to construct and maintain additional crossings using certain
<br />pipes. poles, guys, anchors, suspension lines for the same, all of which are sometimes hereinafter called "appliances",
<br />"5xttn+es", or "facilities" on and across the right of way and over and under the tracks of the Railway from time to time at
<br />other points along the right of way of said Railway, and
<br />WHEREASboth parties hereto are desirous of canning into an agreanent which shall cover the terms upon which
<br />such crossings have heretofore been and may hereafter be made,
<br />NOW THEREFORE, the Railway, for valuable consideration and the covenants and agreements of said Licensee
<br />hereinafter set forth, does hereby give to Licensee the right and privilege to construct, install and maintain said appliances,
<br />fixtures, facilities or crossings on and across Railways right of way and over and under the tracks and facilities of said
<br />Railway at the points listed on the schedule marked "Schedule A" attached hereto and by this reference made a part hereof,
<br />and at such other points along its line of railroad that maybe hereafter requested in advance of any construction or installation
<br />by the Licensee and subject to the approval of the Railway, upon the following terms and conditions, to -wit:
<br />1. Whenever the Licensee shall desire to construct, modify, or maintain said appliances, fixtures, facilities or
<br />crossings, it shall make written application to the Railway, as per attached form, in duplicate. together with twenty (20) prints
<br />of plan and profile drawing containing all pertinent details for proposed crossing work. Said application will be mailed to
<br />Manager, Industrial Development and Real Estate, Florida East Coast Railway Company, P.O. Drawer 1048, St. Augustine,
<br />Florida 32085-1048, along with check made payable to Florida East Coast Railway Company to cover applicable non
<br />refundable application fee.
<br />2. Plan shall show all information for carrier pipe and casing pipe, if used, and angle of crossing, Railway survey
<br />station, or distance to nearest mile post, right of way lines. tracks and all other Railway facilities near point of crossing.
<br />Profile shall show pipe or wire line in relation to actual profile of ground and tracks; if subgrade pipe, proposed method of
<br />installation, and location of jacking pit, which shall not be closer than thirty (30) feet from the center of nearest track.
<br />Open -cut method of installation through Railways roadbed will not be permitted.
<br />3. It is Anther mutually understood and agreed by and between the parties hereto that said subgrade crossing
<br />installation shall be marked by the erection of a suitable monument located on each side of the Railway's right of way.
<br />4. The Railway shall, in writing, notify the Licensee whether it has any objections to the proposed crossing work
<br />and if so, shall specify the same, in which event, no crossing work shall be commenced by the Licensee hereunder until it
<br />receives the written approval of the Railway. If the Railway finds no objections to said crossing work, it will so notify the
<br />Licensee and the Licensee shall be permitted and allowed to continence the crossing work proposed.
<br />5. All crossing work shall be of the usual strength and fitness for the purpose intended and be done in good and
<br />workman -like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30
<br />days after completion of construction or installation. Lioertsee shall certify to Railway in writing that fixture bas been installed
<br />in substantial conformance by the plan attached to this agreaneat.
<br />File: 217-4-0
<br />217-4.0.AGM t
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