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RESOLUTION NO. 85-51 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A <br />LICENSE AGREEMENT WITH FLORIDA EAST COAST RAI' -'WAY <br />GOVERNING THE 12TH STREET GRADE CROSSING. <br />WHEREAS, the County is planning to make substantial <br />improvements to the 12th Street corridor which will involve an <br />upgrading of the 12th Street grade crossing over the existing <br />Florida East Coast Railway right-of-way and tracks; and <br />WHEREAS, the County must execute a new license agreement <br />with the Florida East Coast Railway in order to upgrade and expand <br />crossing, which agreement sets forth the responsibility of the <br />County to fund the placement and maintenance of certain warning <br />devices and crossing structures, among other conditions and <br />limitations, as more fully set forth it the attached license <br />agreement; and <br />WHEREAS, the Board finds it necessary to enter into this <br />agreement in order to proceed with the project, which has been <br />determined to be in the interest of the citizens of Indian River <br />County, Florida. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing <br />recitals are ratified and that the Chairman and Clerk are <br />authorized to execute and deliver two original copies of the <br />proposed license agreement attached hereto as Exhibit "A." The <br />Public Works Director is further authorized and directed to carry <br />out and abide by the requirements contained therein. <br />The foregoing resolution was offered by Commissioner <br />Scurlock who moved its adoption. The motion was seconded <br />by Commissioner Bowman and, upon being put to a vote, the <br />vote was as follows: <br />Chairman Patrick B. Lyons Aye <br />Vice -Chairman Don C. Scurlock, Jr. Aye <br />Commissioner Richard N. Bird Aye <br />Commissioner Margaret C. BowmanAye <br />Commissioner William C. Wodtke, Jr. Aye <br />-1- <br />