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HomeMy WebLinkAbout2008-443 (2)no Q SSS- � • STA ZQ F4.QRIDA:DIPAAT61Et r F,,rR'A S 'T TIO I-#* DIVISION O`P ROAD bPERATIONS A 3 or 2 RAILROAD EI U F T AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES TRANSFER AGR F Twly (County) COUNTY 59CTION...,. UTt-u- Iry Jon rM STATIC ROAD NQ, COUNTY ...MS PARCCL & R/ W JOS #4 .FAf14O_] $80 6150 612 MA THIS AG R EEM ENT, made and entered into this i_ day of 198 by and between the S'T'ATE OF FLORIDA DEPARTMENT F" TRANSPORTATION hereinafter called the DEPARTMENT, and a corporation organized and existing under the laws of with its principal= place of business in the City of County of S It. Jobs , State of -,hereinafter called the. COMPANY; and ounty, a political subdivision of the State of Florida, acting by and through its hoard 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, S •ori 7 Chapter 77-1 (Fla. Statutes 335• td 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, 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 fallovvs 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 s 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 they foregoing assignment and assumes all obligations and deities thereunder. . The COiNIPANY agrees to the: foregoing assignment and shall look solely to the COUNTY for the performance under the; Existing Agreements., . This Agreement shall take effect on the same date of the transfer of maintenance respon- sibility es .onility of the roads listed in FAhihit "A" from a DEPARTMENT to the COUNTY, r COUNTY RESOLUTION i i tb PAQU a Or ti' CROSSING TRANSFER AGREEME T A RESOLUTION AUTHORIZING EXECUTION PILROAD CRO$RING tGEEMENTS A T ER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF ori t Coast i Company AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT of TRANSPOR- TATION, ANSPORT TION, R ITS PREDECESSORS, AND PROVIDING FOR EFFECTIVE DATE. RESOLUTION NO, ON OTION OF Commissioner and seconded by Commissioner the fr4towing RESOLUTION was adopted; IER AS, the Legislature of the State of Florida has enacted Chapter 77-165 providing for the transfer of maintenance responsibility of certain public reads, including railroad crossing agreements and gather agreements, from the State to the Indian, ver Co X.: and WHEREAS, the nd n RiVer Co t has been presented with an agreement for this purpose which it wishes to execute. € W, THEREFORE, BE IT RESOLVED BY THE U TY COMMISSION OF, Indian aLyer COUNTY, FLORIDA: That Indian Iver Count nter into a CROSSINGTRANSFER REEME V I with the State of Florida of Transportation and the Florida East Coast Railway Company providing for the substitution of the Indian C rt for the F I) T, or its predecessors" and the transfer of the rights and ditties of the agreements listed in Exhibit ` A " to the CROSSING TRANSFER AGREEMENT; arid; That the Charman <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 tale effect immediately upon adoption. INTRODUCED AND PASSED by the. Board of County Commissioners of Indian River County° Florida, in regular session, this day o 1 T 01S, r 1-441 Chairman of the Bo rd County 4 ATTEST: SE Clerk of the Board of Co a Commissioners b ", �r0 s 1 t f d PORM 721-66 4TAT F MO RMA 690AFRI WwT OP TIRAkSPORYATION DIVISION OP POAD OPERATION$ AR I or t RAILROAD GRADE CROSSING TRAFFICL DEVICES Transfer of maintenance responsibility DESCRIPTIONA. JOB LOCATION to Indian River _ County B. TYPE OF ROADWAY FACILITY: 2(Rural) C. FDOT/AAR XING . 272I RR ILL I OST f 1 g 229+983 TYPE SIGNALS'II LASS INDEX: NIS ro ANNUALSCHEDULE OF F AUTOMATIC HIGHWAYIfTRAFFIC Annual Maintenance Cost Exclusive of Installation CLASS DDESCRIPTION COST* I Flashing Signals - One Track650.00 I Flashing 'rtes . Multiple Tracks 860.00 I1IFlashing Signals and GaIV - One Trar a 00 IV Flashingt and GatesMultiple Tr c sbt1 2 . 0 "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 futureadjustment in the AUTHORITY: FLORIDA ADMINISTRATIVEL111 46 2 csPonsiillty for the Cost of Aulotwatic Highway Grade Crossing Traffic Control Devices EFFECTIVEFebruary d, 19 I GENERAIS AUTHORITY: 20-05, F. . SPECIFIC IMPLEMENTED: 338.21 , `.. : `a*..:, t *AXE fre LO rmCA 00 co Hill y