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LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT, effective as of the day of , 2017, <br />is between FLORIDA EAST COAST RAILWAY, L.L.C. (Address: 7150 Phillips Highway, <br />Jacksonville, Florida 32256), a Florida Limited Liability Company, hereinafter called <br />"RAILWAY" and INDIAN RIVER COUNTY, (Address: 1801 27th Street, Vero Beach, Florida <br />32967 Attn: Public Works Director), a political subdivision of the State of Florida, hereinafter <br />called "COUNTY". <br />WITNESSETH: <br />WHEREAS, the COUNTY has requested the RAILWAY to widen the existing at -grade <br />public road crossing, 45th Street (DOT # 272178Y), at Railway's Milepost 224 +4,945'; and <br />WHEREAS, the RAILWAY will permit the COUNTY to construct, use, maintain, repair, <br />renew and ultimately remove an at -grade public road crossing across and over the tracks, right of <br />way and property of RAILWAY, at the RAILWAY'S Milepost 224 + 4,945', more particularly <br />described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred <br />to as the "CROSSING SITE"; and <br />NOW, THEREFORE, for the covenants contained herein and other good and valuable <br />consideration, the parties agree as follows: <br />1. RAILWAY hereby permits the COUNTY to construct use, maintain, repair, <br />renew and ultimately remove the CROSSING SITE under the terms and conditions set forth <br />herein. <br />2. The CROSSING SITE includes but is not limited to, the track structure, any <br />railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which <br />>;rr p!:Yj Page 2414 <br />