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