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HomeMy WebLinkAbout2008-445 FORM 7sr'2-9,14 ISTATCOF FLORIDA FART NT'QF T ANSPO TATioN ., 1-110 m OI I ION OF OAIr4 OPERATIONS „ FAO[ I OF 2 RAILROAD .: GRADE CROSSING TRAFFIC L DEVI m TRANSFER ,GREE ENT (Count l COUNTY Is °TION UT14IT^Y°JO AT9 ROAD NOQ COUNT AMR PARCKL a BRtW Joe No. .:FAP N . "30 Indian Itive 2 (2250) / THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereintafter called the DEPARTMENT, and a corporation organized and existing Hander the lass of with its principalplace of business in the City of County of St. Jobn , Mate of hereinafter called. the COMPANY, and_ aunty, 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 -165 (Fla. Statutes 335. )) provided for transfer of Railroad Crowing merits and other agreements, hereinafter referred to as"'Exist*Agreements”in those roads to occur at the game time, and WHEREAS, the parties wish to provide for the orderly transfer of sneh Existing Agreements, NOW, THEREFORE, in consideration of the mutual as herein set forth, the parties hereto agree as follows: I. The T EPA T I T 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 Marty to the. Existing Agreements, and is subject to all rights and duties contained therein. Attached to the COUNTY counterpart is a cope of all agreements listed in Exhibit "A". . The COUNTY accepts the foregoing assignment and assumes all obligations and deities thereunder., ThetfT;lPANY 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. r ti,z. rAGa,&art . That the COUNTY,by Resolution No, 82-28M .� has authorized execution of the #p Tonsfer Agreement ouaty Corn s, y' IN F +?, QTS °' ,,- t roC tew ut d by them and Of lid above written. YD STATE OF FLORIDA ,. DEPARTMENT 017,TRANSPOA "TION'TA BY: { 4+ m A R y ueu i 4 urs' r t o ' 1ry VDITT " c,� A .j • ' � r xr r abet brg Y � COUNTY RESOLUTION , � ► 4CROSSING TRANSFER AGREEMENT _ A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS ATIER RELATED AGREEMENTS PR VIDI FOR SUBSTITUTION CSF THE Florida East Coasi Ill way Company AS A PART' TO THE AGREEMENTS I PLACE OF THE STATE OF FLORIDA DEPARTMENT OFTRANSPOR- TATION, Ae SP R-TATIO , R ITS PREDECESSORS,AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 82-28 - ON MOTION OF Commissioner Lyons and seconded by Commissioner the f,41owing RESOLUTION was adopted: 'III,RE S,the Legislature f the State of Florida has enacted Chapter 77-165 ro din for the transfer of maintenance responsibility of certain public rads, including railroad crossing agreements and other agreements, from the State to the Indian River County and 4'III REAS, the _Indian River Cour has been presented with an agreement for this purpose which it wishes to execute. NOW,THEREFORE, IT RESOLVED BY THE O NT COMMISSION OF Indi n River COUNTY, FLORIDA- That _,.Indian RiverCounty__,., enter into a CROSSINGTRANSFER II I ItiT with.the State of Florida Department of Transportation and the Florida t Crust CYompany, pro,6ding for the substitution of the- Indjan, River-Comafor h�� FD T, or its predecessors, and the transfer of the rights and dirties of the agreements listed in Exhibit "A" to the CROSSIN TRANSFER AGREEMENT;i T; ands That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department ofTransp,Transportation and the Florida East Coast Railway Company as herein described;and, That this RESOLUTION shall talo effect immediately upon adoption. INTRODUCED ODUC ANIS PASSED by the Board of County Commissioners of Indian River Count)- Florida, in regular session, this day of _.:_T _g-fit- dr , r ATTEST- Clerk of the Board of Co nt ' Commissioner � PORN, 721.4* STAT OF LORMO OF TRANSPORTATION 7,1.71VIS;ON OF RgAO O R 1O MS PACO I Of I RAILROAD 1tOVNTV1 tacTIONuTI ,ITT Joe mo. STATK ROAD No, '�OIJ 'I"Y ASA IC AR6 A"-/,W-JO A P NO. 1 88 560 6602 S-Gifford Rd. Indian River2 (2250) NIA AGENCY Transfer cif maintenance responsibility DESCRIPTIONA. JOB to Indian River CountyB. _ TYPE OF ROADWAYFACILITY: 2 laws .urs. C. FDOT/AAR XING180A MILE POSTTIE: 225+2418' D. TYPE SIGNALS CLQ INDEX: SCHEDULE OF ANNUAL T OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES &Annual Maintenance Cost-Exclusive of Ins allatiota FCLASS DESCRIPTION COST* Flashing awls •One Track S 650.00 Flashing ° nals. Multiple Tracks 860.00 Il Flashing Signals an ("aI(!s -One°I'ras k 980.00 IV Flashing Signals and Gates -Multiple Triacks ffti ruar , II Th 8tt 1 l trd cru as tx t d t rxd aII be subject t future adjust t n the D AUTHORITY; FLORIDA lI I rl" I VE RULE 01446.01 Responsibility for the Cast of Automatic lli ll a Grade Crossing Traffic Control Devices SPECIFICEFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: NA5, F.S. IMPLEMENTED: 338. lF.S. EXHIBIT"A CROSSING TRANSFER AGREEMENT STATE COMMON A TA RAILROAD AGREEMENT DATE OA Q, OSSNUMBER. SUBJECT ri Coast 225+24181 b