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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />AGREEMENT FOR SYNCHRONIZATION
<br />GRADE CROSSING AND TRAFFIC CONTROL DEVICES
<br />THIS AGREEMENT, made and entered this day of , 20_, by and between
<br />FLORIDA EAST COAST RAILWAY L.L.C., a Limited Liability Company organized and existing under the laws of
<br />FLORIDA, with its principal place of business in the city of JACKSONVILLE, County of DUVAL, State of FLORIDA,
<br />(hereinafter "FEC") and BRIGHTLINE TRAINS FLORIDA LLC„ a Limited Liability Company organized and existing
<br />under the laws of DELAWARE, with its principal place of business in the city of MIAMI, County of MIAMI-DADE, State
<br />of FLORIDA (hereinafter `BL"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter
<br />"COUNTY").
<br />WHEREAS, train -activated railroad grade crossing warning devices, (hereinafter "Crossing Warning Devices"),
<br />presently exist at the railroad/highway grade crossing on 41' Street which crosses at grade the right of way and track(s) of
<br />FEC's Mile Post 225 + 2418 feet in or near Indian River County, Florida (hereinafter the "Crossing"); and
<br />WHEREAS, a highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned
<br />Crossing; and the COUNTY in the interest of safety, desires that the Crossing Warning Devices be synchronized with existing
<br />and/or proposed highway traffic signal devices, including but not limited to traffic signal heads, vehicle detection systems
<br />and signage (hereinafter "Highway Signal Devices"), so as to assist in clearing highway traffic from the Crossing upon the
<br />approach of trains, and to provide for improved operational efficiency of the highway system during train passage;
<br />NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows:
<br />1. BL, at its expense, and on behalf of the COUNTY, will furnish and install a preemption synchronization circuit of the
<br />"closed loop fail safe design principle," (in which the normally closed electrical contacts will open on approach or
<br />presence of a train), to a common cable junction box and install other equipment necessary to provide adequate
<br />preemption time. The installation of the junction box will be done near or adjacent to the COUNTY'S Highway Signal
<br />Devices control cabinet.
<br />2. The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to
<br />operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable
<br />from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals
<br />in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of
<br />the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY
<br />will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and
<br />failed mode preempted sequence mode.
<br />3. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway
<br />Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter-
<br />connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC.
<br />The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance
<br />and testing.
<br />4. Attached hereto as Exhibit A, and by this reference made a part hereof, are plans and/or operational design sheets with
<br />specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be
<br />performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan
<br />changes shall likewise be approved by the parties.
<br />The COUNTY will construct, operate and maintain the Highway Signal Devices at its expense. The COUNTY agrees
<br />to give FEC sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the
<br />coordination features of the Crossing Warning Devices. In the event said Highway Signal Devices, and/or coordinating
<br />facilities of the COUNTY become inoperative, the COUNTY will notify FEC and restore or repair such devices
<br />and/or facilities promptly, and use other means, including traffic control personnel or law enforcement personnel, to
<br />control the flow of traffic at the traffic signal locations at any time the Highway Signal Devices or preemption devices
<br />are inoperative so as to clear the highway/railroad grade Crossing before the approach of trains..
<br />6. FEC will operate and maintain the Crossing Warning Devices, overhead trusses, and cantilevers pursuant to the
<br />Crossing License Agreement ("License Agreement") identified in Exhibit B, and likewise agrees to give the
<br />COUNTY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would
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