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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />AGREEMENT FOR SIGNAL COHABITATION AND SYNCHRONIZATION OF
<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 -DARE, 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 45th Street which crosses at grade the right of way and tracks of
<br />FEC's Mile Post 224 + 4945 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 Crossings upon the
<br />approach of trains, and to provide for improved operational efficiency of the highway system during train passage; and
<br />WHEREAS, the Florida Department of Transportation, through the process of a Grade Crossing Diagnostic
<br />following the procedures set forth in the Florida Department of Transportation State Rail Handbook, recommends the
<br />mounting of Highway Signal Devices onto a railroad truss structure to limit visual conflicts for motorists and enhance public
<br />safety; and
<br />WHEREAS, the work to be contemplated hereunder is subject to the provisions of the Federal Highway
<br />Administration Federal Aid Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I, as amended, and Federal Aid Policy
<br />Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, as amended and the Florida Department of Transportation's Rule 14-
<br />57.011 Florida Administrative Code as amended;
<br />NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows:
<br />1. BL will construct, at BL's expense, overhead trusses and cantilevers, and the Highway Signal Devices, on behalf of
<br />the COUNTY, on the overhead trusses and cantilevers, as shown on the plans attached hereto as Exhibit A.
<br />2. The COUNTY, upon final acceptance of the installation, will operate and maintain the Highway Signal Devices at its
<br />expense. The COUNTY agrees to give FEC sufficient notice prior to making any changes in the operation thereof
<br />which, in any way, might affect the coordination features of the Crossing Warning Devices. In the event said Highway
<br />Signal Devices, and/or coordinating facilities of the COUNTY become inoperative, the COUNTY will notify FEC
<br />and restore or repair such devices and/or facilities promptly, and use other means, including traffic control personnel
<br />or law enforcement personnel, to control the flow of traffic at the traffic signal locations at any time the Highway
<br />Signal Devices or preemption devices are inoperative so as to clear the highway/railroad grade Crossing before the
<br />approach of trains.
<br />3. 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
<br />affect the coordination features of the COUNTY'S Highway Signal Devices. In the event said Crossing Warning
<br />Devices and/or coordination facilities of FEC become inoperative, FEC will notify COUNTY and restore or repair
<br />such devices and/or facilities.
<br />4. 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.
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