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necessary. Railway shall use good faith efforts to provide to Licensee a replacement location, on, over and across Railway property . Any appliances , fixtures , or facilities at the replacement location will be subject to this Agreement and Railway shall use good faith efforts to minimize the cost of and impact to Licensee of any such relocation. If no replacement location on Railway property is available , the license and the Agreement will terminate for such crossing, appliances , fixtures or facilities at the end of the sixty ( 60) day notice period provided for herein. Upon termination of such license, Licensee shall promptly remove the affected crossing, appliances , fixtures or facilities and restore the premises to their former condition. In the event of a failure of Licensee to do so, the Licensee will promptly reimburse Railway for its cost of doing same . " 3 . Paragraph 24 of the IRCPW ' s Agreement is hereby deleted in its entirety and replaced with the following : "24 . The initial term of this Agreement shall expire on the anniversary date of this Agreement in the year 2036 . This Agreement shall be automatically renewed for one ( 1 ) year terms thereafter unless at least thirty (30) days prior to the 2036 anniversary date or prior to the end of any renewal term, as the case may be, either party gives written notice to the other party of its intent not to renew the Agreement after the end of that term. Notwithstanding the foregoing, licenses granted hereunder and this Agreement may be cancelled under paragraphs 21 or 23 hereof. Upon termination of any license or this Agreement, Licensee shall promptly remove the affected crossing , appliances , fixtures or facilities and restore the premises to their former condition . In the event of a failure of Licensee to do so, the Licensee will promptly reimburse Railway for its cost of doing same . " Except as amended herein, all other provisions of the IRCPW ' s Agreement remain unchanged and in full force and effect. Please indicate the IRCPW ' s acknowledgment and agreement with the amendment of the IRCPW ' s Agreement as set forth herein by signing and dating this letter where indicated below and returning the original to me . Sincerely, /;� � Bruce L. Baker, Assistant Director Industrial Development & Real Estate BLB/kp ACKNOWLEDGED VD AGREED TO : . eget g • ., 11 Indian River Coun'fy Public *W& ks ' F • w ` •. ti n nage: .aw:r.r..�...ru.u_�>9. -+.r,sa..r..a. g.w.. .:mna..mvwd +.wA..,a By: Eno _c ' liver County Approves: hate Its : Chi ixman Adrninistration y� os— Ttiprli3s- ,3Lowther Budget Date : Ap.r � 12 , 2005 �'� , • . . . . . • - Co , Attorney ry Risk Management Delaartment 3 3i o7 Division a�