HomeMy WebLinkAbout1982-069•
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COUNTY RESOLUTION
CROSSING TRANSFER AGREEMENT
A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER
RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE Indian River County —
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. 82-69
ON MOTION OF Commissionerand seconded by Commissioner
the following RESOLUTION was adopted:
WHEREAS, the Legislature of the State of Florida has enacted Chapter 77-165 pro%iding for the
transfer of maintenance responsibility of certain public roads, ineludin; railroad crossing agreement,
and other agreements, from the State to the Indian River County and
WHEREAS, the Indian River County has been pres,:nted with an a;;reemrnt for this
purpo::r; which it wishes to execute.
NOW,'1'Ill•;ItEFORE, REIT RESOLVED BY TTIE COlINI'Y CO)I.NHS�;ION OF It.'DIAt; RIVBER
COUNTY, FLORIDA:
That Indian River County enter into a CROSSING TEANSFE.R AGREEMENT
with the Stab, of Florida Department of'I'ran portation and the Florida FNar,t Coa ,t Rai1�:�v
Company pro%'iding for the substitution of the Indian RJvrr rannry____ for Ili(, F DOT. or its
predecessors, all(] the transfer of the, rights and ilutice of the aprunuvnls li-tiil in Lshibit "A" to till,
CROSSING; TRANSFF,R AGREEMENT; and,
That the Chairman and Clerk of the: Board of County Cnmmissionerk hl, authorized to enter into
soeh a„nrmctits with the State of Florida Department of Transportation and lh,. Florida Fast roast Railwa-
CompanN. as herein described; and,
'I'llat this RESOLUTION shall take effect immi-dialriv upon adoption.
INTItoixci?I1 AND PASSED by till, Board of County Comnuissiunl.rs of Tndian River
County Florida, in regular session, this 23 day of od? y 19��
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ATTFST: - /LtLl� / lrr`tt�1�L_�
Clerk of the. Board of C( ally
Com i��C �•
Chairman of the Board of Collin
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FORM 722.928 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
"So DIVISION OF ROAD OPERATIONS
PAGE I OF 2 RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND TRAFFIC CONTROL DEVICES
TRANSFER AGREEMENT
(County)
ICOUNTYI SECTION IUTILITY JOB NO. ISTATE ROAD NO] COUNTY NAME IPARCEL 9 R/W JOB NO.I FAP NO. I
590 1 6901 1 CR 632 11ndian Rive 23 (2150)
THIS AGREEMENT, made and entered into this 21. day of July 198 2
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter
called the DEPARTIIFNT, and Florida East Coast Railway _
a corporation organized and existing under the laws of Florida
with its principal place of business in the. City of S*- Au&y►stine _
County of St. Johns , State of Florida , It, r6wifirr called the COMPANY:
and Indian River County.- a political subdki-ion of thl• State of I'lorida, acting by
and through its Hoard of County Commissioners. hereinafter called the CM -N'11'.
WITNESSETH:
WHEREAS, the. Legislature of the State of Florida in 197; rnarted Chapter 77-165, which in
part, provided for the, transfer of tax funds and main trnam-I- n-pon,ihilit ivs of rrrtain publie road> 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- orderh tramfer of ,%wh ExiAinw Agrernurnts,
NOW, THI-(BEFORE, in consideration of ill(- mutual undertakiugs as herein set forth, the parties
hereto agree as follows:
1. The DEPARTMENT assigns all of its rights and dutirs in the Agcements listed in Exhibit
"A" to the COUNTY. The Existing Agreements arc modified ooh to the extent that the COI; NTY is
substituted in place of the DEPARTMENT as a park to the Existing :Agreements, and is subject to all
rights and duties contained therein. Attached to the COUNTY counterpart is a rope 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 su1c1\ 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.
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4. •'y ` FORM 722.925
1.40
PAGE Z OF Z
5. That the COUNTY, by Resolution No. 82-69 has authorized execution of this
Crossing Transfer Agreement by the Chairman and Clerk of the Hoard of County Commissioners on
its behalf.
ss
1N WITNESS A HEREOF, thr parties he -rete have caused these pre-sents to be executed by their
duly authorized officers. and their official seals hereto affixed, the day and year first above written.
STATE, OF FLORIDA
DE:PART)IF,NT OF TRANSPORTATION -
BY: (SEAL)
Director of Administration
ATTEST:
t.xtrllllN• orf rr•lafj
COMPAN1 Florida East Coast Ra11wav
131 (SEAL)
1'm-i1L'nt
ATTEST:
Sr•1'r•tun .
Indian River COUNTY, FLORIDA
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RYfSEA
ATTEST:
Approwd as to and F'XI-cutiou
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y`. `• n �' ,� (21.3961
CHECKED fiLED
THIS AGREEMENT, Made in duplicate this day of ,
A.D. 195 , by andj t+ s� tftles�'�s/ Q1�/ice/ it llbw+lile� BW t6A
Florida East Coast Railway Company, and not � di �id%ua/•lly, hereinafter called
Trustee_, n— id Florida i'aa Z-zt .vont Railwa�r Company or its property in the
hands of the Trustee being hereinafter called "Railway", and TiEE S^„TE
ROAD DEi'AR`MiT OF FLORIDA, (Address: Tallahassee, Florida), hereinafter
called the Road Department.
WIMESSET'ri:
That the said Trustee) for and in consideration of the covenants
aad agreements herein contained to be perfc:;ued an6 kept b- the Road Depart-
ment, do hereby give and license unto the said R:ad Department the right and
privilege to use aG a crossira for public road crossing pu.;)c•ses only, that
part of the right of way anti prc-,,City of suid Railway in the
CoaatT of
River described as follows:
An irregular shaped parcel of land W foot in width,
extending easterly ani westerly across the rifht of
way and over the tracks o: the Baiiway, with center
line interoectin6 the center line of tho Railways
northbound main trach 1,704 feet sonthorly from the
RAIlwayle Kle Post No. 2222 from JackaonTille. Florida,
said crosoing forming an azwly of 7.° - 21 with the
cantor line of the aforesaid northbound main trach in
the northwesterly qur;dr.dnt thereof. The northeaatorly
line of the heTcein doscribod pitvcsl being on a curya
to tho left haying a radius of 46 feet and located 16
foot northerly of and parallel with the propoaod edge
of paTint;.
An shown on print of the Enilwnyea plan Corr. Yile
222-.18 dated April 2, 1968, attached hereto and =Ae
a part heroof.
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TO HAVE AND TO USE the said rights, privileges and licenses solely
unto the Road Department for the term of one year from date hereof, subject to
renewal as provided in paragraph 7 hereof. or until t.arminnted as hcrcinafter
provided.
In consideration of the rights, privileges and licenses hereby
given by the Trustee unto the Road Department, the Road Department cove-
nants and agrees with the Trustee as follows:
1. That said crossing shall be used for public road crossing
purpbses only across the Railway's said right of way and tracks, and no
pipe, wire, rail or other line or structure shall be placed in or on said
right of way or crossing without the previous consent in writing of said
Railway Trustee.
P. The Railway, at its expense, shall prepare its road bed, -
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ballast, ties, rails and other railroad appliances (but not including wires
and pole lines) in good condition to recei-+e the permanent paving between
the concrete headers on the outer sides of the outer rails (or where there
is no header between the outer ends of ties of the outer rails). The Rail-
way will also furnish, at its expense, supervision for all work to be per-
formed by the State Road Department between the headers or ends of ties as
aforesaid. The State Road Department shall furnish all labor and materials
quired for culverts, grading, paving, and all other work required for the
crossing (exeept as hereinabove stated), from right of way line to right-of-
way line of the Railway. The State Road Department will bear the expense
of raising or relocation of all pole or wire lines on the right-of-way of
the Railway at the crossing, which may be required for clearance at the
crossing. Where change of elevation or change of alignment is required
for any one or more of the rails at the crossing, sucil work shall be per-
formed by the Railway, and the State Road Department will bear and pay the
reasonable cost thereof to the Railway.
3. Maintenance of the crossin3 shall be borne as hereinabove
provided for the construction, except that the Railway, when it disturbs
the pwvina between the headers or the ands of the ties, ;:ill, at its ex-
pense, perform temporary patching or temporary restcration of such paving.
4. The Railway reserves the right to make any necessary or de-
sired changes at any time in its existing tracks or other facilities, or
to install, maintain and operate any additional track or tracks or other
facilities on its right of way at said road crossing. In such event all
r&luired changes in the road crossing structure or works shall be con-
sidered new construction and expenses borne by the parties as provided in
paragraph 2.
5. The Road Department'shall.not take any action that will
prevent or tend to prevent the operation of trains ever said crossing.
The Road Department hereby grants unto Florida East Coast Railway Company
and its Trustee all necessary permits for the installation, construc-
tion, erection, repair and maintenance of any of the facilities, work or
fixtures mentioned or contemplated in and by this agreement, and Florida
East Coast Railway Company or its Trustee shall give the Road Department
forty-eight (48) hours' notice of intention to perform any such installa-
tion, construction, repair, erection and maintenance.
6. The provisions and stipulations of this agreement are a part
of the consideration of the licensing of the above privileges and crossing,
and in the event the said Road Department shall fail to comply with any of
the covenants and conditions, then this license shall be void and said de-
scribed crossing shall terminate, with full right on the part of the Trus-
tee and Railway to re-enter and repossess the same if they shall elect to
do so.
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7. It is further mutually agreed by and between the parties hereto
that as this agreement is for the term of one year, if said Road Department
holds over and remains in possession of the hereby licensed privileges after
the expiration of such term, or of any renewals thereof, this agreement shall
be considered as renewed, unless thirty (30) days' written notice of the
termination of the same has been or is given by said Trustee, and shall
continue in effect from year to year, subJect to the same terms and conditions
as herein contained, until terminated by said Trustee by giving thirty (30)
days' notice in writing to the Road Department of his intention to terminate
the same as herein provided, or as provided in paragraph 8 hereof.
8. That this agreement is terminable (without prior notice to
Road Department) by the Trustee or his successors, including Receivers
in Equity, or the assigns of the Estate, at their option, upon the discharge
of the Trustee as such, or upon the discharge of any succeeding Receiver or
Receivers in Equity, any fixed period of time o:• any ether thing herein to
the contrary notwithstanding, and in the absence of such cancellation, all
rights of said Trustee hereunder shall inure to the benefit of his
successors or the assigns of the Estate,
9. It is further mutually understood and agreed by and between
the parties hereto that at the termination or the cancellation of this agree -
went, for any cause, or upon termination of Road Department's use of the
crossing herein licensed, the Road Department shall remove, at its entire
cost and expense, all improvements placed by it upon the said Railway's
right of way and restore the ground to its original condition.
10. Any crossing protection of any type or class whatsoever
that tasy be required at this public road crossing; by ordinance or other ^sem
lotion of Road Department, or by other govsramental body or bodies having; power
to promulgate or enforce regulations, or that may be required by the Eailway,
shall be prorided and inetallod by the Railway. and Road Department agrooe to
reimburse the Railway upon receipt of bills for 90 per cent of all coat oS au,ch
installation.
IN WITNESS WHEREOF, the Parties hereto have caused these pre-
sents to be duly executed in duplicate, each the day and year first above
written.
Signed, sealed and delivered J. Turner Butler and William A. Hallowes
in tshe presence of:: as Trustees of the property of Florida
�' ✓ East Coal( Railway Company
By
e'Le-V Trustee
As to Trustee
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THE STATE ROAD DEPARTMENT OF FLORIDA
( SEAL )
BYplaa"�' FQ�A
ecutive Director
ATTEST
Secretary