HomeMy WebLinkAbout2008-444 FORM 722 STATE Ole FL.ORIDA TMENT F TRANSPORTATION TO
1- NVISIrc N OP ROAD OPERATIONS
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PAGE I Or I RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND TRAFFIC CONTROL EVICE W
TRANSFER AGREEMENT
(County)
uN-r1+ TIO �-nUITY jos T" ' N N UNT f M PARItw 1140.1N
646 1J:SdUm U,4 4 (2601)T N/A 6601
THIS AGREEMENT, made and entered into this day of . 1 ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION herexiin fter
called the DEPARTMENT, and nORUA "ST COAST WAY OMPANY
a corporation organized and existing under the laws of11-0XIMAN
with its principal place of business in the City of $t- Aulustiza
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County of ot. ,tear , State of , hereinafter called theCOMPANY;
and Indian Ricer 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 t the COUNTY,and
WHEREAS,Section,7 Chapter 77.165 ( "taw Statutes 335.04(3))provided for transfer of Railroad
Crossing Agreements and other agreements, hereinafter referred to as"Existing Agree en "in those
roads to occurate esame time,an
WHEREAS,the parties wish to provide for the orderly transfer of such Existing Agreements;
NOW, THEREFORE, in consideration of the mutual undertakings as herein sept forth, the parties
hereto agree as follows:
L TheEPART IF NT assigns A of its rights and duties in the Agreements listed in Exhibit
` All to the-COUNTY. The Existing Agreements are modified only to the, extent that the COUNTY is
substituted, in place of the DEPARTMENT as a Darty to the. Existing Agreements, and is subject to all
rights and duties contained therein. Attached to they COUNTY counterpart is a copy of all agreements
listed in Exhibit ,A".
The COUNTY accepts the foregoing assignment and assumes all obligations and ditties
thereunder.
. The COMPANY agrees to the Foregoing assignment and shall look solely to the COUNTY
for the performance ander the Existing Agree:mentse
4. This Agreement shall take effect on the same date of the transfer of maintenance respon-
sibilityof the roads listed in Exhibit "A" from the DEPARTMENT to the COUNTY.
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. That the COUNTY,by Resolution. o82-27 authorized u tion of this
qd of ransfer
tgne
ReNiisIN WITNESS HEREOF, the, es o-1havd caused thesie prints to be executed by their
dull, authorized officers,and their ty and .first above written.
STATE O FLORIDA
P IE T OF T
By
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Executive ry
CON Y:
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leg
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CUUCIYA
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40roved as I I
EAL
By
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Hug
DEPARTM
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J'ORM 722428R COUNTY RESOLUTION
PAGE I OF I
CROSSING TRANSFER GREE
RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER
RELATED,AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE F C n.p n
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,
0N .NIOTION OF Commissioner
and seconded by Commissioner
the fr4lo%ring RESOLUTION w adopted
IlEREAS,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 rather agreements, from the State to the Indian River County, and
°lIF',R , this Indian i rat has been presented with an agreement for this
purpose; which it wishes to execute.
OW,THEREFORE,BEIT RESOLVED BY THE COUNTY COMMISSION F I RMR
COUNTY,NTY, FL RIDA.
That Indian River County nter into a CROSSING TRANSFER AGREEMENT
with the State of Florida Department of Transportation and the Florida Eagt Qgapt..&IJKay
Company providing for the:substitution Of the 'r n � for the FDOT, or its
predecessors, and the transfer of the rights and duties of,the agreements listed in Exhibit `dA" to the
CROSSING TRANSFER AGREEMENT;T; 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 t�Coast Railway
Company as herein described, and,
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the Board of Comity Commissioners of net RnRi
County Florida, in regular session, this day of T aria n ar , 198
Chairman of the Board t
il, tppt ved s to
ATTEST: and-legal fl'
Clerk oaf the Board of Coon
EXHIBIT"A"*
CROSSING TRANSFER AGREEMENT
TATE O T/AA#i
ACOMMON ROAD NAME CROSSING NUMBERRAILROAD R.R. MILEPOST AGREEMENT DATE SIS ECT