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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-23 RAIL RAILROAD REIMBURSEMENT AGREEMENT 01 = GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES - COUNTY ;age 1 of 6 FINANCIAL PROJECT NO . ROAD NAME OR NUMBER. I COUNTY NAME PARCEL & RMI NUMBER FAP NUMBER 23087215701 16th St./17th St. INDIAN RIVER 71 (2150) � _ . . _ by hatw anti aQn THIS AGREEMENT , matte and entered this s � c3y ui , _ . . _ the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , hereinafter called the DEPARTMENT , and Florida East Coast Railway L . L. C . , 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 Board of County Commissioners , hereinafter called the COUNTY_ WHEREAS . the DEPARTMENT is constructing , reconstructing or otherwise changing a portion of the Public Road System , designated by the Financial Project ID 23087215701 on 16th St.117th St. which crosses at grade the right of way and track(s) of the COMPANY'S Mile Post 228+ 118' , at or near Vero Beach , Florida , hereinafter called the Grade Crossing ; as shown on the DEPARTMENT'S Plan Sheet No . 1 attached hereto as a part hereof; and NOW , THEREFORE , in consideration of the mutual undertakings as herein set forth , the parties hereto agree as follows : 1 . The COMPANY hereby grants to the DEPARTMENT the right to construct road at grade , and necessary approaches thereto , across its right of way and over its track(s) at the hereinabove referred to location . 2 . The COMPANY will provide , furnish or have furnished , all necessary materials required for, and will construct or have constructed at the DEPARTMENT' S expense a Standard Railroad Crossing Type "T Concr_ Modified in accordance with the DEPARTMENTS Standard Index No . 560 attached hereto and by this reference made a part hereof. Upon completion of the crossing the COMPANY shall be responsible for the maintenance cost of all trackbed and rail components plus the highway roadbed and surface for the width of the rail ties within the crossing area . The COUNTY shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties . IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option and upon notification of the COUNTY, perform such periodic maintenance work and bili the COUNTY directly for costs thus incurred that are the responsibility of the COUNTY. 3 . It is further agreed mutually between the parties hereto that the grade crossing be recognized by this Agreement: (a) Is adequately signalized for the safe operation of the general public . However, should future highway traffic conditions warrant additional crossing traffic control devices through use of automatic grade crossing traffic control devices , including signals with and without gates , or grade separation structure (s) ; then., such additional traffic control devices and/or structure (s) will be installed as necessary at the complete cost and expense of the COUNTY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once a determination has been made as to the type of facility to be installed , whether signals or structure , such installation will be the subject of a supplemental agreement which will set forth the maintenance responsibility as govemed by the applicable State and/or Federal law at the time of such installation . (b) Presently requires the installation of grade crossing traffic control devices and the DEPARTMENT agrees to pay such cost subject to the COMPANY' S participation as specified in Paragraph 13 ; such installation to be in accordance with plans and specifications as approved by the DEPARTMENT . The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or