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4 <br /> � 00 9 <br /> LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT, effective as of the 9th day of , 20085 <br /> is between FLORIDA EAST COAST RAILWAY, L. L . C . (Address : 7411 Fullerton Street, Suite <br /> 300, Jacksonville, Florida 32256), a Florida Limited Liability Company, hereinafter called <br /> "RAILWAY" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, <br /> hereinafter called "COUNTY" . <br /> WITNESSETH : <br /> WHEREAS , the COUNTY has requested the RAILWAY to install an at-grade public <br /> road crossing, 53rd Street, at Railway ' s Milepost 223 +4 , 730 ' ; and <br /> WHEREAS , the COUNTY, RAILWAY, and the FLORIDA DEPARTMENT OF <br /> TRANSPORTATION entered into a Stipulation of Parties dated March 1 , 2006 , to permit the <br /> opening of said crossing; and <br /> WHEREAS , in accordance with said Stipulation of Parties, the RAILWAY will permit <br /> the COUNTY to construct, use, maintain, repair, renew and ultimately remove an at-grade public <br /> road crossing across and over the tracks , right of way and property of RAILWAY, at the <br /> RAILWAY ' S Milepost 223 + 4 ,730 ' , more particularly described in Exhibit A attached hereto <br /> and incorporated herein by reference, hereinafter referred 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 /> XF111 4j Page 1 <br />