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0 <br />J <br />J <br />u <br />11 <br />promptly upon receipt of bills for such costs. <br />8. Second Party,:,at its expense, will install and maintain any necessary drainage <br />facilities required on account of the location and existence of said crossing and such install <br />ation, the adequacy thereof for the drainage required, and the maintenance thereof, shall be <br />subject at all times to the approval of the Railway's authorized representative. <br />9. Second Party shall not take any action that will prevent or tend to prevent the <br />operation of trains over said crossing. <br />10. The provisions and stipulations of this agreement are a part of the considerat <br />of the licensing of the above privileges and crossing, and in the event the said Second Party <br />shall fail to comply with any of the covenants and conditions, then this license shall be voidl <br />and said described crossing shall terminate, with full right on the part of the Trustee to <br />re-enter and repossess the same if he shall elect to do so. <br />11. Second Party hereby grants unto Florida East Coast Railway Company and its <br />Trustee all necessary permits for the installation, construction, erection, repair and main- <br />tenance of any of the facilities, work or fixtures mentioned or contemplated in and by this <br />agreement, and Florida East Coast Railway Company or its Trustee shall give Second Party <br />forty-eight (48) hours' notice of intention to perform any such installation, construction, <br />repair, erection and maintenance. <br />12. This agreement is terminable by the Trustee, or his successors or the assigns <br />of the Trusteeship Estate, at their option, upon the discharge of the Trustee as such any <br />fixed period of time or any other thing herein to the contrary notwithstanding, and in the <br />absence of such concellation, all rights of said Trustee hereunder shall inure to the benefit <br />of his successors, or the assigns of the Trusteeship Estate. <br />13. It is further mutually understood, and agreed by and between the parties hereto <br />that at the termination or the cancellation of this agreement, for any cause, or upon ter- <br />mination of Second Party's use of the crossing herein licensed, Second Party shall remove, at <br />its entire cost and expense, all improvements placed by it upon the said Railway's right of. <br />I� <br />• <br />way and restore the ground to its original condition. <br />14. By the execution and acceptance of this agreement Second Party agrees that the <br />existing public road crossing located 1710 feet southeasterly from the within described public <br />road crossing shall be closed and discontinued, and that all cost incurred in connection with <br />'I be borne by Second <br />said closing shall Party. <br />IN WITNESS WHEREOF, THE Parties hereto have caused these presents to be duly executec <br />i <br />in duplicate, each the day and year first above written. <br />II Signed (John W. Martin) <br />As Trustee of the property of Florida <br />p� East Coast Railway Company <br />of <br />! INDIAN RIVER COUNTY, A POLITICAL SUBDIVIS] <br />OF THE STATE OF FLORIDA, ACTING BY AND <br />THROUGH ITS BOARD OF COUNTY COMMISSIONERS <br />i <br />By DONALD MACDONALD <br />Chairman <br />Attest: Douglas Baker <br />Clerk <br />