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FORM 722-928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1.60 DIVISION OF ROAD OPERATIONS PACE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES TRANSFER AGREEMENT j (County) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO. FAP NO. 88 600 6150 CR 16 St Indian Riv r 71 (2150) THIS AGREEMENT, made and entered into this 21 day o` July , 19882 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and Floxida East Coast Railway a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine , County of St. Johns, State of Florida , hereinafter called the COMPANY; and Indian River County, a political subdivision of the State of Florida, acting by and through its hoard of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WIII:RI:AS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMEM assigns all of its rights and duties in the Agreements listed in Exhibit "A" to the COUNTI'. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a parte to the I"xisting Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a cope of all agrccments listed in Elxhibit "A" 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look soh -.1% to the COUNT)' for the performance under the Existing Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance respon. sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY.