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N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAILROAD REIMBURSEMENT AGREEMENT Occ - o 07 GRADE CROSSING TRAFFIC CONTROL DEVICES - COUNTY FINANCIAL PROJECT NO . ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER 42397715701 43rd Street INDIAN RIVER OOS4-0046 -J THIS AGREEMENT , made and entered into this oda day of � QGQ.WI Yom► aoo8 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , hereinafter called the DEPARTMENT , and Florida East Coast Railway, LLC . a corporation organized and existing under the laws of Florida with its principal place of business in the City of Jacksonville , County of Duval 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 . WITNESSETH : WHEREAS , the DEPARTMENT is constructing , reconstructing or otherwise changing a portion of the Public Road System , designated by the Financial Project ID 423977- 1 -57-01 on 43rd Street , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 225 + 632 ' FDOT/AAR Crossing Number 272179-F at or near Vero Beach as shown on DEPARTMENT'S Plan Sheet No . Location Map , 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 shall furnish the necessary materials and install Automatic Grade Crossing Signals Type III Class IV and/or other traffic control devices at said location on an actual cost basis and in accordance with ( 1 ) the attached detailed statement of the work , plans , and specifications ; and (2 ) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2 . After installation of said signals is completed , fifty (50 % ) percent of the expense thereof in maintaining the same shall be borne by the COUNTY and fifty (50% ) percent shall be borne by the COMPANY , as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision . 3 . After said signals have been installed and found to be in satisfactory working order by the parties hereto , the same shall be immediately put into service , operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing ; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned ; or legal requirements occur which shall cease operation of signals thereat.