HomeMy WebLinkAbout2006-097STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESOLUTION
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES, FUTURE RESPONSIBILITY
72508053
RAIL
OGC - 08/03
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE
CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR
RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID
CROSSINGS AND DEVICES; PROVIDING FOR THE FUTURE EXPENDITURE OF FUNDS; AND PROVIDING WHEN
THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO. 2006-097
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing, or otherwise
changing a portion of the public road system, on 16th STREET / 17th STREET
which shall call for the installation and maintenance of railroad grade crossings and traffic control devices for railroad
grade crossings over or near,said'highway; and
Commissioners. of
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY INDIAN RIVER
COUNTY, FLORIDA:
That INDIAN RIVER County enter into a RAILROAD REIMBURSEMENT AGREEMENT
with the State of Florida Department of Transportation and theFLORIDA EAST COAST RAILWAY Company
for the installation and maintenance of certain grade crossings and traffic control devices for grade crossings designated
as Financial Project ID FM# 230872-1-57-01 on 16th STREET / 17 th STREET which crosses the
right of way and tracksof the Company at FOOT/AAR Crossing No2721 g5 -p located in
INDIAN RIVER COUNTY , Florida; and
That the County assumes its share of the costs for future maintenance and/or adjustment of said grade crossings
and traffic control devices for grade crossings as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and
That the Chairman and Clerk of the Board of County Commissioners be authorized to execute such agreements
the State of Florida Department of Transportation and theFLORIDA EAST COAST RAILWAY
Company as herein described; and
That this RESOLUTION shall take effect immediately upon adoption.
Duly Adopted by the County Commissioners of INDIAN RIVER
Florida, this i 1 t h day of ,- 1 y , 2006 .
ATTEST: ,,%e,
Authorized Si
foe: J.K. BARTON
CLERK CIRCUIT COURT
Name:
Title:
7
County,
Name:
Title:
rized Signat
Arthur R. Neuberger
Chairman
DEPUTY CLERK (SEAL)
ature
APPROVED AS TO FORM
AND LEGAL SU FICIE . C
BY
ILLIAM K. DEBRAAL
ASSISTANT COUNTY ATTORNEY
FORM.725-M-23a
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OOC 03103
Pugs 1 of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND CROSSING TRAFFIC DEVICES - COUNTY
FINANCIAL PROJECT ID
230872-1-57-01
ROAD NAME OR NUMBER
16THSt. %17`hSt.:
COUNTY NAME PARCEL AND R/W NUMBER
INDIAN RIVER 71(2150)
FAP NUMBER
THIS AGREEMENT, made and entered this .. , day of , by and between 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 place of business in the City of ST. AUGUSTIN . , 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 cif County
Commissioners, hereinafter called COUNTY.
,AS, the D1FI'Al2TTIvfEEPtT is constructing, reconstructing or otherwise
Road System, designated by the .Fu ancial Prolect:ID 230872-1-57-0l , on
at grade` the ri
Number 2721.95P at ornear l d h
ging aportion of the Public.
lit1' St / 17 St: , which crosses
18 , FDOT / AAR crossing
called the Grade' Crossing; as shown
ght of way and track{s} of the COMPAi IY''S Mile PostPost228 + j ;
ar VER(D B:EAC ",Fora a, ea�ein alter
on DEPARTMENT'S Plan Sheet Not attached hereto as a per bereo and
NOW THEREFORE, in consideration Of the mutual un
agree as follows:
1. The COMPANY hereby grants to the DEPARTMENT the right to construct road at grade, and nece,ssary
approaches thereto, across its right of wway 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 wall construct
or have constructed at the DEPARTMENTS expense a Standard Railroad Crossing Type "T" CONCRETE
MODIFIED in accordance with the DEPARTMENTS Standard index No. 560 attached hereto and by this
reference made a part hereof
s herein set forth, the 'parties :hereto
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 *arrant 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 es 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
governed by the applicable State and/or Federal law at the time of inch 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