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11/20/2018_SpecialCall
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11/20/2018_SpecialCall
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Last modified
1/25/2021 12:40:06 PM
Creation date
12/21/2018 2:52:09 PM
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Meetings
Meeting Type
Special Hearing
Document Type
Agenda Packet
Meeting Date
11/20/2018
Meeting Body
Board of County Commissioners
Subject
Brightline; All Aboard Florida; Virgin Trains USA
Settlement agreement
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shall coordinate in good faith with such efforts. Likewise, if Indian River and/or Brightline is <br />successful in obtaining grant money for any improvement the cost of which is to be shared on an <br />equal basis, their payment obligations shall be reduced on an equal basis. For example, if Indian <br />River were to obtain a grant in the amount of $100,000 for the installation of improvements the <br />cost of which is to be shared on an equal basis, Indian River's and Brightline's respective payment <br />obligations for those improvements would be reduced by $50,000 each. <br />(d) Of the Indian River Crossings to be modified, 21 involve roadways within <br />Indian River's permitting jurisdiction. These 21 crossings are listed in Exhibit B. For those 21 <br />crossings and those crossings located in the City of Sebastian and at Hawk's Nest Road, Indian <br />River has requested that Brightline install certain pavement markings, signage and other <br />improvements outside the FECR ROW as specified in Exhibit D -I at Brightline's expense, and <br />Brightline agrees to do so. Indian River agrees to maintain the pavement markings, signage and <br />other improvements outside the FECR ROW at its own expense. <br />(e) The parties acknowledge and agree that the additional improvements being <br />made pursuant to this paragraph 3 are being made as an accommodation in furtherance of <br />settlement and shall not be deemed an admission that the improvements are necessary or advisable <br />at any particular location. Nor shall they be deemed precedent that similar improvements are <br />necessary or advisable at any other location. <br />(f) Prior to any construction within Indian River's right-of-way, Brightline <br />shall apply for and obtain an Indian River right-of-way permit. Indian River agrees that Brightline <br />may use a single application for all such construction, a copy of which is attached hereto as Exhibit <br />E-2. Such single application shall include the required information for each of the 21 roadway <br />crossings within Indian River's permitting jurisdiction. Indian River further agrees that, upon <br />submission of the completed application, the right-of-way permit will be issued. If Indian River <br />fails to issue the right-of-way permit as required herein, Brightline shall have no obligation under <br />this Agreement to install any improvement, pavement marking, or signage outside the FECR <br />ROW. Indian River agrees to waive the security requirement for such permit. Such waiver is <br />predicated on Brightline's agreement to return Indian River's right-of-way in at least the same <br />condition as before the commencement of such installation, and Brightline's failure to do so shall <br />constitute a breach of this Agreement. <br />(g) Indian River agrees to approve Brightline's maintenance of traffic plans for <br />the foregoing crossing work, provided such plans are in compliance with federal, state, and local <br />maintenance of traffic requirements. <br />(h) Indian River shall execute amendments to the Existing Indian River <br />Crossing Agreements, in the form attached as Exhibit F. The amendments shall not alter Indian <br />River's rights or obligations as to FECR, except that for a period of 14 years from the date <br />Brightline begins passenger revenue operations from West Palm Beach to Orlando, Indian River <br />and Brightline shall share responsibility for paying Indian River's road surface, signal, and other <br />crossing maintenance and rehabilitation costs, as follows: Indian River shall pay up to $235,500 <br />of the total amount invoiced by FECR for road surface, signal, and other crossing maintenance and <br />rehabilitation costs each calendar year, and Brightline shall pay the balance of such costs; provided, <br />however, that if Indian River does not pay its share of such road surface, signal, and other crossing <br />maintenance and rehabilitation costs as contemplated herein, Brightline shall have no <br />
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