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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH, CLERK
<br /> EXHIBIT "C" .2) 0
<br /> THIS BLANKET LICENSE AGREEMENT,made and entered into,in duplicate,this 2�'` day of
<br /> S& AD, 1991. by and betwew FLORIDA EAST COAST RAILWAY COMPANY,hereinafiei called
<br /> "Railway"and INDIAN RIVER COUNTY,a political subdivision of the.state of Florida, c/o Department of Utility
<br /> Services, 1.840 25th Street,Vero Beach,Florida 32960,hereinafter called"Lieensee",
<br /> WITNESSETH:
<br /> WHEREAS,the Licensee has heretofore constructed and now maintains overhead and subgrade-appliances and
<br /> fixtures crossing on and across the Railway's 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 /> "fixtures".,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 /> MIMREAS�oth parties hereto are desirous of entering into an ag cermt which shall cover the terms upon which
<br /> such crossings have heretofore been and may herealier be made,
<br /> NOW THEREFORE,.the Railway,for valuable consideration and the covenants and agreements of said.i icensee.
<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 Railway's right of way and over and under the tracks and facilities of said
<br /> Railway At points listed our"the.schedule marked"Schedule A",attached herein and by:this reference made a part hereof,
<br /> and at such other points along its line of railroad that may be 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 Licence-shall desire to construct,mod. ly,or roae,tain seid appliances,fixtures,facilities or
<br /> crossings,it shall makewritten application to the Rahway,as per aflwhrZ roan,in duplicate,together with twenty(20)prints
<br /> ofplan and profjle drawing containing all pertinen,detai!s for proncss.6 crossing work.. Said application will be mailed to '
<br /> Manager,Industrial Development and Real Estate,FL)rida East Coast Railway Company,P.O.Drawer 1048,St.Augustine,
<br /> Florida 32085-1048,along with check made payabie to Florida East Coast Railway Company to cover applicable non
<br /> refnndabie application fee.
<br /> 2. Plan shall show all Information for carrier pipe and.casing pipe,if used,and angle of crossing,Railway survey I
<br /> station,.or distance to nearest We post,right of way lines,tracks and all other Railway facilities new point of crossing.
<br /> Profile shall showpipe 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 from1he tinter oPnearest.traek.
<br /> Open-cut method of installation through Railways roadbed will not be permitted. !-
<br /> 3. It is further mutually understood and agreed by and between the parties hereto that said subgrede crossing
<br /> installation shall be marked by the erection of 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 /> reecives the written approval of the Railway, If the Railway funds no objections to said crossing work,it will so notify the
<br /> Licensee and the Licensee shall be permitted and allowed to coaunence 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 E
<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,Licensee shall certify to Railway in writing that fixture-has been-iustalled
<br /> in substantial conformance by the plan-attached to this agreement,
<br /> -- File:217-4=0
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