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66 <br />S <br />1 <br />FORM 722.928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />"So 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 />ICOUNTYI SECTION IUTILITY JOB NO. ISTATE ROAD NO] COUNTY NAME IPARCEL 9 R/W JOB NO.I FAP NO. I <br />590 1 6901 1 CR 632 11ndian Rive 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 DEPARTIIFNT, 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 S*- Au&y►stine _ <br />County of St. Johns , State of Florida , It, r6wifirr called the COMPANY: <br />and Indian River County.- a political subdki-ion of thl• State of I'lorida, acting by <br />and through its Hoard of County Commissioners. hereinafter called the CM -N'11'. <br />WITNESSETH: <br />WHEREAS, the. Legislature of the State of Florida in 197; rnarted Chapter 77-165, which in <br />part, provided for the, transfer of tax funds and main trnam-I- n-pon,ihilit ivs of rrrtain publie road> 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- orderh tramfer of ,%wh ExiAinw Agrernurnts, <br />NOW, THI-(BEFORE, in consideration of ill(- mutual undertakiugs as herein set forth, the parties <br />hereto agree as follows: <br />1. The DEPARTMENT assigns all of its rights and dutirs in the Agcements listed in Exhibit <br />"A" to the COUNTY. The Existing Agreements arc modified ooh to the extent that the COI; NTY is <br />substituted in place of the DEPARTMENT as a park to the Existing :Agreements, and is subject to all <br />rights and duties contained therein. Attached to the COUNTY counterpart is a rope of all agreements <br />listed in Exhibit "A". <br />2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties <br />thereunder. <br />3. The COMPANY agrees to the foregoing assignment and shall look su1c1\ 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 />