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11/20/2018_SpecialCall
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omission by a municipality. The municipality shall also be required, as a condition of obtaining <br />the benefit of such amendments, to execute a separate agreement with Brightline in the form <br />attached as Exhibit H, in which the municipality shall make the commitments reflected in <br />paragraph 11 below. The Town of Jupiter shall also be required, as part of such separate agreement <br />with Brightline, to agree to the United States Coast Guard operating rule for the Loxahatchee River <br />Bridge reflected in paragraph 7(e) below, and to make the commitments reflected in paragraph <br />7(f) below. The amendments shall further provide that the municipality shall remain solely <br />responsible for paying FECR the applicable license fee for each crossing per year. <br />(k) Based on Brightline's analysis of the Federal Railroad Administration's <br />("FRA") Quiet Zone calculator, Brightline believes that, in view of the crossing improvements <br />identified in Exhibits C-1 and C-2. Martin will qualify with the FRA as a Quiet Zone so long as <br />Martin, in its entirety, applies for a Quiet Zone designation. Based on Brightline's analysis of the <br />FRA Quiet Zone calculator, Brightline further believes that, in view of the crossing improvements <br />to be made pursuant to Brightline's separate agreement with the Palm Beach County <br />Transportation Planning Agency, the area within Palm Beach County north of West Palm Beach <br />will also qualify with the FRA as a Quiet Zone so long as that area, in its entirety, applies for a <br />Quiet Zone designation. Brightline agrees to support the applications for Quiet Zone designations <br />by Martin, any municipality within Martin, Palm Beach County, and/or any municipality within <br />Palm Beach County north of West Palm Beach that qualify under FRA's Quiet Zone calculator for <br />a Quiet Zone designation. <br />3. Indian River Roadway Crossing Designs and Maintenance. <br />(a) The Parties agree that there are 32 grade crossings within Indian River <br />where the FECR ROW intersects with an existing roadway, as listed in Exhibit B (the "Indian <br />River Crossings"). <br />(b) The Parties further agree that Brightline is proposing modifications to 32 of <br />the Indian River Crossings as part of the Brightline Project (the "Indian River Crossings to be <br />Modified"). These modifications shall be paid for by Brightline. <br />(c) For the Indian River Crossings to be Modified, Brightline shall, at its own <br />expense, install the safety and other improvements reflected in the designs and related <br />documentation attached as Exhibit D-1 and D-2; provided that Brightline's payment for ROW <br />sidewalk installation is limited to the sidewalks specified in Exhibit D-1. Those improvements <br />include, inter alfa: (i) the addition of exit gates at the crossings located as specified in Exhibit D- <br />1; (ii) the addition of VPD at the crossings located as specified in Exhibit D-1; and (iii) the addition <br />of sidewalks at the crossings located as specified in Exhibit D-1. Indian River accepts the <br />improvements reflected in Exhibit D-1 and D-2. Should Indian River desire the installation of <br />additional safety or other improvements not reflected in Exhibit D-1 and D-2, those additional <br />improvements shall be subject to the reasonable approval of FECR and Brightline. Indian River <br />shall be solely responsible for the cost of design and construction of such additional improvements, <br />and the parties shall coordinate in good faith on the design and construction of such improvements, <br />so as not to delay the design or construction of the Brightline Project. Indian River shall pay its <br />share of such costs to Brightline within sixty (60) days after Brightline provides Indian River proof <br />of payment to contractors. In the event that Indian River or Brightline elects to seek federal, state, <br />or other grant money to defray the cost of any improvement under this paragraph, the other party <br />-5- <br />
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