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Ia,P` INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: 45th Street at Old Dixie Highway Railroad Crossing Agreement DATE: February 1, 2018 DESCRIPTION AND CONDITIONS On February 17, 2015 the Board of County Commissioners approved Work Order No. 1 with Kimley- Horn & Associates, Inc. for design and permitting for the construction of an eastbound left turn lane at the 45th Street and US 1 intersection, as well as bike lanes and sidewalk crossings as part of the Gifford Neighborhood Plan (GNP). The project will extend approximately 1,200 feet to the west to tie to the existing 45th Street auxiliary lane west of the Florida East Coast Railroad right-of-way. The attached Agreement between Florida East Coast Railway, LLC (FECRR) and Indian River County will permit the County to construct an at -grade crossing for a three lane roadway configuration through the 100' wide FEC right-of-way west of Old Dixie Highway. FECRR will perform all the construction within the FEC right-of-way to accommodate the proposed County improvements. The Agreement conditions include: 1. The FECRR will construct the crossing with in house and contract forces and the County will pay 100% of the cost of warning devices $534,283.88, grade crossing $178,723.29, and associated engineering fees and CEI fees of $39,000.00. 2. The County must keep the railroad's right-of-way clear of vegetation over 2' tall within 325' of the crossing. 3. The Agreement is for a one-year term but shall continue in effect year to year subject to termination by Railway or County. 4. The County shall pay an annual license fee of $5,000, which shall be adjusted yearly based upon the CPI or 3%, whichever is greater. 5. The County is liable and responsible for the construction. 6. The total estimate for all construction by FEC in the FECRR right of way is $752.007.17 — the County has already submitted $17,500 in engineering payments for a balance remaining of $734,507.17. 7. All future maintenance costs shall be borne by the County. Since the initiation of the project, All Aboard Florida (AAF) has proposed adding rail service through the County which will impact the current configuration of the RR crossing at 45th Street and Old Dixie Highway. Design of the crossing by FECRR, which is part of the attached agreement, does not accommodate future improvements to the RR crossing necessary for All Aboard Florida to operate 240 C:\Users\legistar\AppData\Loca]\Temp\BCL Technologies\easyPDF 8\@BCL@540DE29C\@BCL@540DE29C.doc