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NOV 10 1987 BOOK 70 rHGE 49 <br />Commissioner Eggert believed Albamar is required to maintain <br />the landscaping in any event, and Chairman Scurlock was opposed <br />to Albamar's proposal as he did not want to.have to be involved <br />in a policing action in regard to when the R/W is mowed, etc.; he <br />would rather just take the money. <br />It was agreed the Motion would stand as carried. <br />SAID AGREEMENT IS ON FIDE IN THE OFFICE OF CLERK TO THE BOA.RDI <br />H. F.E.C. Railway___ Agreement to Transfer CR512 RR Crossing to <br />County Jurisdiction <br />The Board reviewed memo of the Public Works Director: <br />-------------- <br />TO: The Honorable Meyers of the DATE: September 8, 1987 FILE: <br />Board of County commissioners <br />THROUGH: <br />Charles P. Balczun, <br />County Administrator <br />FROM:James W. Davis, P.E. ( <br />Public Works Director <br />DESCRIPTION AND CONDITIONS <br />SUBJECT: Florida East Coast Railway - <br />License Agreement to Transfer <br />CR512 Railroad Crossing frau <br />the Florida DOT to Indian - <br />River County Jurisdiction <br />REFERENCgR. ?-. Fondren, FBC, to. James <br />Davis dated March 16, 1983 <br />The FEC Railway has transmitted to the County a License Agreement to <br />transfer the CR512 Railroad crossing frau the State of Florida DOT to the <br />County. The agreement is a standard FEC crossing agreement, and the <br />Railroad is requesting execution by the County. <br />ALTERNATIVES AND ANALYSIS <br />The agreement proposed for transfer of the crossing contains the following <br />major provision: <br />1) Grants right of County for road to cross FEC right-of-way and any <br />facility placement requires a FEC Railroad Permit. <br />2) Any work by the County under/over/or across the right-of-way is to be <br />paid for by the County, whether by reimbursing the Railroad or by <br />direct payment by County. - <br />3) If the Railroad makes changes that effect paving or County facilities, <br />the County must bear the cost. <br />4) The County will not take action to prevent operation of trains over <br />crossings. <br />5) If the County fails to comply with the agreement, it loses the <br />privilege to cross the FEC right-of-way. <br />6) The agreement is for one (1) year, automatically renewed unless 60 -day <br />notice of termination by Railroad is given. <br />7) If the County terminates agreement it must remove all improvements in <br />FEC right-of-way. <br />8) Cost for maintenance of signals shall be the responsibility of the <br />County. <br />12 <br />