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C-1 <br />C> <br />40 <br />The status of the COUNTY is that of a licensee and not lessee, granting the COUNTY the right <br />to use the CROSSING SITE as specified herein. <br />In consideration of the granting of this Agreement by the RAILWAY, the COUNTY <br />covenants and agrees with the RAILWAY as follows: <br />1. The CROSSING SITE shall be used for public at -grade road crossing purposes only <br />and no utility, including telecommunications facilities, pipes, wires, cables; or other line or <br />structure shall be placed in, on or over the CROSSING SITE without the previous consent in <br />writing of the RAILWAY. COUNTY further agrees that it will at all times keep the CROSSING <br />SITE, together with the additional portions of the RAILWAY'S right-of-way within 325 feet of <br />the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation <br />or other growth greater than two (2) feet in height on each side of the tracks at the sole expense <br />of the COUNTY and without cost to RAILWAY or liar upon RAILWAY'S property. <br />2. This Agreement is for an initial term of one (1) year and shall continue in effect <br />thereafter from year to year, subject to termination by the RAILWAY or COUNTY upon sixty <br />(60) days prior written notice. <br />3. The provisions and stipulations of this Agreement are a part of the consideration of the <br />licensing of the CROSSING SITE, and in the event the COUNTY shall fail to comply with any <br />of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be <br />terminated with full legal rights and remedies retained by the RAILWAY, including but not <br />limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. <br />4. The COUNTY shall grant forthwith to the RAILWAY necessary permits for the <br />installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or <br />maintained facilities described in this Agreement. If the COUNTY fails to promptly grant the <br />Page 2 <br />
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