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Bodda ,fast Coast <br /> RAI L WAY , L . L . C . <br /> January 21 , 2005 <br /> File : 223 /39/4730 <br /> L1 _ s : <br /> GIFFORD : GRADE CROSSING MATTERS <br /> PROPOSED CROSSING, 53RD STREET - MP 223+4973 ' <br /> N <br /> Mr. James W . Davis <br /> yl k+ 4 <br /> Public Works Director ! <br /> Indian River County <br /> 1840 25 �" Street <br /> Vero Beach, Florida 32960-3365 <br /> Dear Mr. Davis : <br /> This is in response to your letter dated May 21 , 2004, to Mr. Charles Stone regarding the opening of <br /> a new at- grade crossing at 53r6 Street in Gifford, Florida. <br /> While reviewing our files and trying to find a way to resolve this matter, we found that Indian River <br /> County has nine crossings with outdated License Agreements that range from 1958 to 1978 . The <br /> language in the agreements does not properly address the current type of construction, insurance <br /> requirements , maintenance fees , etc . <br /> The Railway recognizes Indian River County' s past cooperation concerning crossing matters and <br /> will approve the 53rd Street grade crossing if the following stipulations are agreed upon and <br /> progressed in the following order. <br /> 1 . ) The County enters into new License Agreements for W. Wabasso Road, 697�' Street (N. <br /> Winter Beach) , and South Winter Beach Road. Under the terms of the new agreements <br /> the County will be responsible for 100 % of the signal maintenance. The County is <br /> currently responsible for 100% of the signal maintenance at W . Wabasso Road and splits <br /> this - cost 50/50 with the Railway at the other two locations . This additional cost will <br /> equate to $2 , 820 . 00 annually. <br /> The new agreements will also have a license fee that is calculated by the number of <br /> square feet of right-of-way used for the crossing, times the current market value of the <br /> property. This is an annual fee and will be approximately $ 3 , 500 . 00 per crossing. This <br /> fee is in all new Railway grade crossing License Agreements that require crossing <br /> upgrades to accommodate roadway improvements , or when a new crossing is <br /> constructed. The license fee is to cover hidden cost associated with the existence of the <br /> crossing such as crossing inspections , gate replacement, train delays , storm damage , <br /> liability, etc . I have enclosed an agreement for W. Wabasso Road for your review . I <br /> will forward the other two agreements should the County decide to move forward with <br /> this project. <br /> One Malaga Street • P. O. Box 1048 • St. Augustine, FL a 320854048 <br />