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FOPM '725,740-2a <br /> Rail <br /> OG1C ONO3 <br /> //Pagyt I of 6 <br /> STATE OF FLORIDA IDI+PARTNTENT OF TRANSPORTATION a0U <br /> RAILROAD REIMBURSEMENT AGREE NIENT <br /> GRADE CROSSING AND CROSSING TRAFFIC DEVICES - COUNTY <br /> FINANCIALPROJECT ID ROADNAME OR NUMBER COUN'T'Y NAM PARCEL, AND R/W NUM BER FAP 4NIJM13ER <br /> 230872- 1 -57-01 167" St. / 17°i St. INDIAN RIVER 7 i (2150) <br /> IFAS AGREEMENT, made and entered this day of � by and between the STATE OF <br /> FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and FLORIDA <br /> EAST COAST RAILWAY L .L.C. a corporation organized and existing under the laws of <br /> FLORIDA with its place of business in the City of ST. AUGUSTINE County of ST. <br /> JOHNS State of FI.ORIDA hereinafter called the COMPANY; and INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida, acting by and through its Hoard of County <br /> Commissioners, hereinafter called COUNTY. <br /> WITNESSETH : <br /> WHEREAS, the 10PART'MENT is constructing, reconstructing or otherwise changing a portion of the Public <br /> Road System, designated by the Financial Project ID 230872- 1 -57-01 on 16° St ! 17'' 5tt , which crosses <br /> at grade the right of way and track(s) of the COMPANY' S Mile Post 2284- 118 ' FDOT / AAR crossing <br /> Number 272195P _ at or near VERO BEACH , Florida, hetoinafter called the Grade Crossing, as shown <br /> on DEPARTMENT' S Pian Sheet No. 1 , attached hereto as a part hereof; and <br /> NOW, THEREFORE, in consideration of the mutual undertakings as herein set tbrth, the parties hereto <br /> agree as follows: <br /> 1 . The COMPANY hereby grants to the DEPARTMENT' the right to construct road at grade, and necessary <br /> approaches thereto, across its right of way and over its track(s) at the hereinabove referred to location . <br /> 2 . 'rho COMPANY will provide, furnish or have fttrnisi.ed, all necessary materials retluired for, and will construct <br /> or have constructed at the DEPARTMENT 'S expense a Standard Railroad Crossing Type "T" CONCRETE; <br /> MODIFIED in accordance with the DEPARTMENTS Standard Index No. 560 attached hereto and by this <br /> reference made a part hereof <br /> 3 . It is further agreed mutually between the parties hereto that the grade crossing be recognized by this <br /> Agreement: <br /> (a) is adequately signalized for the sate operation of the general public. However, should future <br /> highway traffic conditions warrant additional crossing traffic control devices through use of <br /> automatic grade crossing trate control devices, including signals with and without gates, or <br /> grade separation structure(s); then, such additional traffic control devices and/or structure(s) <br /> will be installed as necessary at the complete cost and expense of the COUNTY. IT IS <br /> EXPRESSLY UNDI?RSTOOD AND AGREED that once a determination has been made as to <br /> the type of facility to be installed, whether signals or structure, such installation will be the <br /> subject of a supplemental agraement which will set forth the maintenance responsibility as <br /> governed by the applicable State andlor Federal law at the time of such installation. <br /> XX_ (b) Presently requires the installation ot' grade crossing traffic control devices and the <br /> DEPAKTMf; NT agrees to pay such cost subject to the COMPANY'S participation as specified <br /> in Paragraph 13, such installation to be in accordance with plans and specifications as approved <br />