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<br />The County Attorney read the agreement betwean the Florida East Coast Railway Compan
<br />and Indian River County with respect to opening a new crossing between the Old Dixie Highway
<br />and U. S. #1 in the South End of the County.. After considerable discussion in the matter and
<br />upon Lotion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Macdonald and
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<br />unanimously carried, the Board agreed that if and when General Development Corporation make
<br />j a deposit to the Trustees for the Florida East Coast Railway Company to cover the estimated
<br />r� costs of constructing the new Railway crossing, then the Chairman and Clerk are authorized and
<br />instructed to execute the agreement with the Railroad for the new crossing.
<br />Upon Motion made by Commissioner Macdonald, seconded by Commissioner W. C. Graves,
<br />Jr., and unanimously carried the following Resolution was unanimously adopted.
<br />R E S O L U T I O N -- Agreement with Railroad
<br />THIS AGREEMENT, made in duplicate this 17 day of January, 1958, by and between John
<br />W. Martin, as Trustee of the property of Florida East Coast Railway Company, and not indivi-
<br />dually, hereinafter called Trustee, and INDIAN RIVER COUNTY, a political subdivision of the
<br />State of Florida, acting by and through its Board of County Commissioners in and for Indian
<br />River County, Vero Beach, Florida, hereinafter called Second Party.
<br />W I T N E S S E T H:
<br />That the said Trustee, for and in consideration of the covenants and agreements here3
<br />contained to be performed and kept by the Second Party, does hereby give and license unto the
<br />said Second Party -:the right and privilege to use as a crossing for road crossing purposes only,
<br />that part of the right of way and property of said Railway in the County of Indian River,
<br />Florida, at the location described as follows:
<br />A parallelogram shaped parcel of land being 80 feet in width northerly and
<br />southerly extending easterly and westerly across the right of way and over
<br />the tracks of the Railway, with center line intersecting the center line
<br />of the Railway's northbound main track at a point located 4523 feet more
<br />or less southerly from the Railway's Mile Post No. 232 from Jacksonville,
<br />Florida.
<br />As shown on print of the Railway's plan Corr. File 232-1, dated July 31,
<br />1957, attached hereto and made a part hereof.
<br />TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second
<br />Party for so long as said crossing is used for public road purposes, subject only to termina-
<br />!,-tion as provided in paragraph 12 hereof.
<br />In consideration of the rights, privileges and licenses hereby given by the Trustee
<br />unto the Second Party, the Second Par.ty covenants and agrees with the Trustee as follows:
<br />1. That said crossing shall be used for public road crossing purposes only across
<br />the Railway's right of way and tracks,.and no pipe, wire, rail or other line or structure
<br />be placed in or on said right of way or crossing without the previous consent in writing of
<br />said Railway Trustee.
<br />2. Second Party agrees that it will, at its sole cost, furnish all material, equip-
<br />ment and labor required for, and will perform all work in connection with the construction,
<br />opening, widening, improving, extending and maintaining said road crossing on the right of way
<br />of the railway, including the portions of said crossing across the existing and future tracks
<br />of the Railway and over and between the cross -ties therein, which portions of said crossing
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