HomeMy WebLinkAbout2008-445FORM 7r,2 -VAN
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'STATE OF FLORIDA 0EPARTINENTeOF TRANSPORTATIOP
DIVISION OF ROAR OPERATIONS
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND TRAFFIC CONTROL DEVI J
TRANSFER AGREEMENT
(County)
COUNTY
SECTION
UTILITY Job NO.
STATE ROAD NO.
COUNT AME 1PARCEL A R/W JOf NO.
FAP NO.
is
360
6602
"34
11ndian RiV4 2 (2250)
x/a
THIS AGREEMENT, made and entered into this _20_ day of - Tanua-=�z 198 2_,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter
called the DEPARTMENT, and MIR" BAIY! CWT AUIME ►ANY
a corporation organized and existing under the laws of Florida
with its principal place of business in the City of St-- ANSWtimrt
County of St. Ja►Im , State of BIWA" , hereinafter called the COMPANY;
and Indism R:Lyer 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.
5. That the COUNTY, by Resolution No, 82-28 has authorized execution o€. this
FORM 722-923R' COUNTY RESOLUTION
1 -so
PAGE 1 OF 1 CROSSING TRANSFER AGREEMENT
A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OQTHER
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. 82-28
ON MOTION OF Commissioner Lyons
and seconded by Commissioner Wnclt-kP
the fr4lowing 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 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 Count_ 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 River
County Florida, in regular session, this 90 day of -- Ja�n,�� , 198 _82.
ATTEST:akc4L -0) — I � �' a_�_ -
Clerk of the Board of CountU
Commissioners
FORM 722-4$ STATE OF FLORIDA DEPARTMiNT OF TRANSPORTATION
7^77 DIYISSON OF R,?AD OPERATIONS
PAGE I a► I RAILROAD GRADE CROSSING TRArr-FIC CONTROL DEVICES
COUNTY SECTION UTILITY JOE NO. STATE ROAD NO,
=COUNTYNAIWERCEL A R/w JDaNO.FA► NO.
88 560 6602 S.Gifford Rd2 (2250) — N/A —
AGENCY
Transfer of maintenance responsibility
A. JOE DESCRIPTION & LOCATION: to Indian River County
B. TYPE OF ROADWAY FACILITY: 2 lane (Rural) •
C. FDOT/AAR XING NO.: 272180A RR MILE POST TIE: 225+2418'
D. TYPE SIGNALS 11Iv CLASS IV INDEX: _._„
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION
s COST*
I Flashing Signals - One Track
S 65500..00
0
11 Flashing Signals - Multiple Tracks
_. E 860.00
III Flashing Signals and Gales - One Truk
3 980.00
IV Flashing Signals and Gales - Mulliple Tracks
11,230.00
"Effective February 3, 1971
This cost shall be shared on a 50/50 basis between the RAILWAY and the COUNTY and shall
be subject to any future adjustment in the SCHEDULE.
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Aulomatic Ilighway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW IMPLEMENTED: 338.21, F.S.
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