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BOOK LJ PAGE 401 <br />RNATTVES AND ANALYSIS <br />The F.E.C. Railway has jurisdiction over any construction and/or improvements that may take place <br />within their 100' wide right-of-way. The status of the County is that of a licensee and not lessee, <br />granting the County the right to use the crossing site. <br />The F.E.C. wants to upgrade the entire crossing signalization even though the County is planning <br />the addition of a sidewalk only. A copy of the agreement was sent to Terry O'Brien, Acting County <br />Attorney. His comment was that this is a typical F.E.C. Contract which means they dictate all terms. <br />The County Board of Commissioners can either: <br />1. Accept the terms of the Agreement by executing, or <br />2. Make a motion not to execute the Agreement. <br />puce uhi��l.1� a� <br />Staff recommends the Board approve the agreement and direct the Chairman to execute the <br />agreement on behalf of the Board in favor of continuing with the sidewalk project. <br />ON MOTION by Commissioner Stanbridge, <br />SECONDED by Commissioner Tippin, the Board <br />minanimously (4-0, Commissioner Macht absent) <br />approved the License Agreement with Florida East <br />Coast Railway Company; authorized the Charman <br />to execute same; and adopted Resolution 2000-064 <br />authorizing execute of a License Agreement with the <br />Florida East Coast Railway Company for upgrading <br />the railroad crossing on Roseland Road with new <br />gates, signalization, and controller to accompany a <br />sidewalkto be constructed (Roseland Road Sidewalk <br />and Crossing Reconstruction). <br />AGREEMENT IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br />MAY 239 2000 <br />I <br />