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FORM.725-M-23a <br />• Iran <br />OOC 03103 <br />Pugs 1 of <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />RAILROAD REIMBURSEMENT AGREEMENT <br />GRADE CROSSING AND CROSSING TRAFFIC DEVICES - COUNTY <br />FINANCIAL PROJECT ID <br />230872-1-57-01 <br />ROAD NAME OR NUMBER <br />16THSt. %17`hSt.: <br />COUNTY NAME PARCEL AND R/W NUMBER <br />INDIAN RIVER 71(2150) <br />FAP NUMBER <br />THIS 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. AUGUSTIN . , County of ST:. <br />JOHNS State of FLORIDA hereinafter called the COMPANY; and INDIAN: RIVER <br />COUNTY, a political subdivision of the State of Florida,' acting by and through its Board cif County <br />Commissioners, hereinafter called COUNTY. <br />,AS, the D1FI'Al2TTIvfEEPtT is constructing, reconstructing or otherwise <br />Road System, designated by the .Fu ancial Prolect:ID 230872-1-57-0l , on <br />at grade` the ri <br />Number 2721.95P at ornear l d h <br />ging aportion of the Public. <br />lit1' St / 17 St: , which crosses <br />18 , FDOT / AAR crossing <br />called the Grade' Crossing; as shown <br />ght of way and track{s} of the COMPAi IY''S Mile PostPost228 + j ; <br />ar VER(D B:EAC ",Fora a, ea�ein alter <br />on DEPARTMENT'S Plan Sheet Not attached hereto as a per bereo and <br />NOW THEREFORE, in consideration Of the mutual un <br />agree as follows: <br />1. The COMPANY hereby grants to the DEPARTMENT the right to construct road at grade, and nece,ssary <br />approaches thereto, across its right of wway and over its track(s),at the hereinabove referred to location. <br />2. The COMPANY will provide, furnish or have furnished, all necessary materials required for, and wall construct <br />or have constructed at the DEPARTMENTS 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 />s herein set forth, the 'parties :hereto <br />It is further agreed mutually between the parties hereto that the grade crossing be recognized by this <br />Agreement: <br />(a) <br />is adequately signalized for the safe operation of the general public: However, should future <br />highway traffic conditions *arrant additional crossing traffic control devices through use of <br />automatic grade crossing traffic' 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 es necessary at the complete cost and expense of the COUNTY. IT IS <br />EXPRESSLY UNDERSTOOD 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 agreement which will set forth the maintenance responsibility as <br />governed by the applicable State and/or Federal law at the time of inch installation. <br />(b) . Presently requires the installation of grade crossing traffic control devices and the <br />DEPARTMENT 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 />