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FLORIDA EAST COAST RAILWAY L.L. C.
<br /> AGREEMENT FOR SYNCHRONIZATION
<br /> OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES
<br /> THIS AGREEMENT, made and entered this __ 11
<br /> -tom day of Z0 10 , by and between
<br /> the Florida East Coast Railway L L C , a corporation organized and existing under the la s of FLORIDA, with its
<br /> principal place of business in the city of Jacksonville, County of, Duval State of FLORIDA, hereinafter called the
<br /> COMPANY; and the COUNTY of Indian River a political subdivision of the State of FLORIDA, hereinafter called
<br /> the COUNTY.
<br /> WHEREAS, train-activated Railroad Grade Crossing Traffic Control Devices, hereinafter called " CROSSING
<br /> DEVICES ", presently exist or shall be installed at the railroad/highway grade crossing on 53' d Street which
<br /> crosses at grade the right of way and track(s) of the COMPANY ' S Mile Post 223+4730 feet in or near
<br /> Vero Beach , Florida; and
<br /> WHEREAS, an existing or proposed highway- to- highway intersection exists adjacent to or in close proximity to
<br /> the aforementioned grade crossing : and, the COUNTY, in the interest of safety, desire that the CROSSING DEVICES be
<br /> synchronized with existing and/or proposed highway traffic signal devices, hereinafter called "HIGHWAY DEVICES" , so
<br /> as to assist highway traffic to avoid entrapment on the grade crossing upon the approach of trains, and to provide for
<br /> improved operational efficiency of the highway system during train passage.
<br /> NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows :
<br /> 1 . The COMPANY, at the COUNTY' S expense, will furnish a preemption synchronization circuit of the "closed
<br /> loop fail safe design principle" to a common cable junction box and install other equipment necessary to provide
<br /> 45 seconds total preemption time, with 15 of those seconds to be advanced preemption.
<br /> 2. The COUNTY, at its sole expense, will install or have installed all cable, circuitry and related equipment, required
<br /> to operate the HIGHWAY DEVICES in a coordinated and synchronized manner; will provide the connecting
<br /> cable from the highway devices to the common cable junction box with sufficient cable to be connected to
<br /> terminals in the railroads control case and will configure the preemption circuit with its system whereby a failure
<br /> of the highway devices will not cause an unsafe condition. The COMPANY shall at the COUNTY' S sole
<br /> expense install the conduit under their track structure for connecting cable from the HIGHWAY DEVICES . All
<br /> work to be in accordance with the " Specifications for Installation of Traffic Signal Synchronization Along Florida
<br /> East Coast Railway right of way" appended hereto as Exhibit .B and by this reference made a part hereof.
<br /> 3 . The common cable junction box and inter- connecting cable shall be deemed the property of the COUNTY, and
<br /> shall be maintained by the COUNTY.
<br /> 4. The COUNTY, at its expense, will construct, operate and maintain the HIGHWAY DEVICES and agrees to give
<br /> the COMPANY sufficient notice prior to making any changes in the operation thereof which , in any way, might
<br /> affect the coordination features of the CROSSING DEVICES . Said HIGHWAY DEVICES for westbound
<br /> 53''`' Street shall be mounted on the COMPANY ' S cantilever and/or bridge structure as shown on
<br /> the plans appended hereto as Exhibit C (Dwg. No . 273108M.DGN, :Dated 08 -29- 06, Last Revised 09- 16- 10) and
<br /> by this reference made a part hereof . In the event said HIGHWAY DEVICES, and/or coordinating facilities of
<br /> the COUNTY become inoperative, COUNTY will notify railroad and restore or repair such devices and/or
<br /> facilities promptly, and use other means including, traffic control personnel or law enforcement personnel to
<br /> control the flow of traffic at the traffic signal locations at any time the HIGHWAY DEVICES or pre-emption are
<br /> inoperative so as to clear the highway/railroad grade crossing before the approach of trains .
<br /> 5 . The COMPANY, at COUNTY' S expense, will operate and maintain the CROSSING DEVICES, overhead
<br /> trusses and cantilevers and likewise agrees to give the COUNTY sufficient advance notice prior to making any
<br /> changes in the operation thereof which, in any way, would affect the coordination features of the COUNTY
<br /> maintained HIGHWAY DEVICES. In the event said CROSSING DEVICES and/or coordination facilities of
<br /> the COMPANY become inoperative, COMPANY will notify the COUNTY and restore or repair such devices
<br /> and/or facilities promptly .
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