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Fr RM 7254)9Ow23a Rail 000 03/03 I ofb STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION o � a 6/ STATE a0 - � RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC DEVICES - COUNTY FINANCIAL. PROJECT ill ROAD NAME OR NUMB MI Ct7UNTY NAME PARCEL AND R/W NUMBER FAP NUMB 2348724 -57-01 101 St. / 17i1' Ste INDIAN RIVER 71 (2150) THIS AGREEMENT, made and entered this ZZ day o 8by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called the 'DEPARTMEN'T, and EtaR.IDA EA5T COAST RAILWAY L.L.0 , a corporation organized and existing under the laws of F ORID�A, , , ., with its place of business in the City of tiT AQ-QQSTINE , County of STO ,IOEINS State of FLORIDA , hereinafter called the COMPANY; and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting by and through its :Board of County Commissioners, hereinafter called. COUNTY . WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing aortion of the Public Road System, designated by the Financial Project 1D 2�#I872- 1 -57-{) 1 , on 1 ' S1 117' , St. , which crosses at grade the right of way and track(s) of the COMPANY 'S Mile Post. 228 + 118 ' , FDOT J AAR crossing Number 272195P at or near 411 Bim, Florida, hereinafter called the Grade Crossing, as shown on DEPARTMENT' S Plan Sheet No.1 ,, attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1 . The COMPANY hereby grants to the DEPARTMENT the right to construct road at grade, and necessary approaches thereto, across its right of Way and over its track(s) at the hereinabove referred to location. 2. 'Che COMPANY Will provide, furnish or have furnished, all necessary materials required for, and will construct or have constructed at the DEPARTMENTS expense a Standard Railroad Crossing Type "T" CDNC M DtFIED in accordance With the DEPARTMENTS Standard Index No, 564 attached hereto and by this reference made a part hereof 3 . It is further agreed mutually between the parties hereto that the grade crossing be recognized by this Agreement. (a) is adequately signalized for the safe operation of the general public. However, should future highway traffic conditions warrant additional crossing traffic control devices through use of automatic grade crossing traffic control devices, including signals With and without gates, or grade separation structure(s); then, such additional traffic control devices and/or structure(s) wi 1 be installed as necessary at the complete cost and expense of the COUNTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once a determination has been made as to the type of facility to be installed, whether signals or structure, such 'installation will be the subject of a supplemental agreement Which will set forth the maintenance responsibility as governed by the applicable State and/or Federal law at the time of such installation. XXX , (b) Presently requires the installation of grade crossing traffic control devices and the DEPARTMENT agrees to pay such cost subject to the COMPANY'S participation as specified in Paragraph 13 % such Installation to be in accordance with plans and specifications as approved