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STATE OF FLORIDA CEPARTMENT OF TRANSPORTATION 725090-27 RAILROADRAILROAD REIMBURSEMENT AGREEMENT RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES - COUNTY DOC -ovm FINANCIAL PROJECT NO. ROAD NAME OR N1116ER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42428015701 12th Street INDIAN RIVER OOS4-0045-J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway. LLC. a corporation organized and existing under the laws of Florida with its principal place of business in the City of Jacksonville State of Florida , County of Duval , 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 the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the Financial Project ID42428015701 on 12th Street , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 228 + 3486' FDOT/AAR Crossing Number 272196-W , at or near Vero Beach as shown on DEPARTMENT'S Plan Sheet No. Location Map 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 shall furnish the necessary materials and install Automatic Grade Crossing Signals Type IV Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the same shall be borne by the COUNTY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat.