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HomeMy WebLinkAbout2008-4437LW FORM 722-920STATE OF FLORIDA DEPARTMENT OF.TRANSPORTATIONAG DIVISION OF ROADOPERATIONSPAGE 1 OF 2 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICESZTRANSFER AGREEMENT� (County) THIS AGREEMENT, made and entered into this 20 day of January 198 2 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and 11LAUM RW COCAS! RAUMAY COWAVY a corporation organized and existing under the laws of FI01E1" with its principal place of business in the City of St- AMMtime County of St. J41un , State of 12091" , hereinafter called the COMPANY; and 1yidi= 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 Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit "A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements listed in Exhibit "A". 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY for the performance under the Existing Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance respon- sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. COUNTY SECTION JUTILITY JOB NO. IST^TE ROAD NO. COUNTY NAME PARCEL A R/W JOB NO. FAP NO. $8 NO 62St3 L612 11indale-1ULTnillan R4y 45 (2151) ] A THIS AGREEMENT, made and entered into this 20 day of January 198 2 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and 11LAUM RW COCAS! RAUMAY COWAVY a corporation organized and existing under the laws of FI01E1" with its principal place of business in the City of St- AMMtime County of St. J41un , State of 12091" , hereinafter called the COMPANY; and 1yidi= 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 Legislature of the State of Florida in 1977 enacted Chapter 77-165, which in part, provided for the transfer of tax funds and maintenance responsibilities of certain public roads in the State from the DEPARTMENT to the COUNTY, and WHEREAS, Section 7 Chapter 77-165 (Fla. Statutes 335.04 (3)) provided for transfer of Railroad Crossing Agreements and other agreements, hereinafter referred to as "Existing Agreements" in those roads to occur at the same time, and WHEREAS, the parties wish to provide for the orderly transfer of such Existing Agreements, NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Agreements listed in Exhibit "A" to the COUNTY. The Existing Agreements are modified only to the extent that the COUNTY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a copy of all agreements listed in Exhibit "A". 2. The COUNTY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the COUNTY for the performance under the Existing Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance respon- sibility of the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY. • I 1 I ! r I FORM 722-92DR COUNTY RESOLUTION 1-40 FAGK 1 OF 1 CROSSING TRANSFER AGREEMENT A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROWING REEMENTS p OTHER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE Fl d y Company AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR- TATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. - 82-2_ ON MOTION OF Commissioner Lyons and seconded by Commissioner Wnrltlke the frltowing RESOLUTION was adopted: �VIIEREAS, the Legislature of the State of Florida has enacted Chapter 77-165 providing for the transfer of maintenance responsibility of certain public roads, including railroad crossing agreements and other agreements, from the State to the Indian River County , and WHEREAS, the _ Indian Raver County has been presented with an agreement for this purpose which it wishes to execute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF Indian River COUNTY, FLORIDA: That Indian Raver County enter into a CROSSING TRANSFER AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company providing for the substitution of the Indian Raver County for the FDOT, or its predecessors, and the transfer of the rights and duties of the agreements listed in Exhibit "A" to the CROSSING TRANSFER AGREEMENT; and, That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described; and, That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of Indian Raver County Florida, in regular session, this _20 day of Janua�T- , 198 _2... ATTEST: Clerk of the Board of Co Commissioners of the unty