HomeMy WebLinkAbout2008-444FORM 722-920 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
1-90 DIVISION OF ROAD OPERATIONS
PACE 1 OF 2 RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND TRAFFIC CONTROL DEVICES
TRANSFER AGREEMENT
(County)
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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 FLORIDA "ST COAST "UMAY COMINNY ,
a corporation organized and existing under the laws of »loris
with its principal place of business in the City of St. Autustisit
County of 6t' Johns , State of norida , 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 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 talo 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.
FORM 722-92OR
1-00
PAGE I OF I
COUNTY RESOLUTION
CROSSING TRANSFER AGREEMENT
A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER
RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE Florida East Coast Railway 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. 82-27
ON MOTION OF Commissioner T.yons
and seconded by Commissioner 1jQdt .@
the fAlowing RESOLUTION was adopted:
tVIIEREAS, 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 River 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 River 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 River 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 theFlorida 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 River
County Florida, in regular session, this --2D— day of January _'1982—
ATTEST:
,1982.
ATTEST:
Clerk of the Board of Count/
Commissioners
Chairman of the
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