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FORM 722-928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />1-80 DIVISION OF ROAD OPERATIONS <br />PAGE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT <br />GRADE CROSSING AND TRAFFIC CONTROL DEVICES <br />TRANSFER AGREEMENT <br />(County) <br />COUNTY <br />SECTION <br />UTILITY JOB NO. <br />STATE ROAD NO. <br />COUNTY NAME <br />PARCEL & R/W JOB NO. <br />FAP NO. <br />$8 <br />590 <br />1 6901 <br />1 CR 632 <br />Indian Rive <br />23 (2150) <br />THIS AGREEMENT, made and entered into this 21 day of July '198 2 , <br />by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter <br />called the DEPARTMENT, and Florida East Coast Railway <br />a corporation organized and existing under the laws of Florida <br />with its principal place of business in the City of St. Augustine <br />County of St. Johns , State of Florida , hereinafter called the COMPANY; <br />and Indian River County, a political subdivision of the State of Florida, acting by <br />and through its Board of County Commissioners, hereinafter called the COUNTY. <br />WITNESSETH: - <br />WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in <br />part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in <br />the State from the DEPARTMENT to the COUNTY, and <br />WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad <br />Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those <br />roads to occur at the same time, and <br />WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, <br />NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties <br />hereto agree as follows: <br />1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit <br />"A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is <br />substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all <br />rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements <br />listed in Exhibit "A". <br />2. The COUNTY accepts the foregoing assignment and assumes all obligations and dirties <br />thereunder. <br />3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY <br />for the performance under the Existing Agreements.' <br />4. This Agreement shall take effect on the same date of the transfer of maintenance respon- <br />sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. <br />50 riiuE 8J <br />JUL 211982 39 <br />