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proceed with the Proposed Raise. If the analysis determines that the Proposed Raise will permit <br />at least 35% of boat traffic to pass under the St. Lucie River Bridge while it is in a closed position, <br />Brightline shall proceed with the Proposed Raise. The parties agree that Martin is not responsible <br />for costs of any modifications to the St. Lucie River Bridge as part of this Agreement or as part <br />of Brightline's forthcoming repairs to St. Lucie River Bridge. <br />(b) Subject to the concurrence of FECR and USCG, Brightline agrees to a <br />USCG operating rule that requires a bridge monitor to be located at or near the St. Lucie River <br />Bridge. The bridge monitor requirement may be satisfied through use of the Florida Department <br />of Transportation bridge monitor at the nearby Roosevelt Bridge. The parties agree that Martin <br />is not responsible for the costs of the bridge monitor; FECR and/or Brightline shall bear those <br />costs. <br />(c) Subject to FECR's and USCG's concurrence, Brightline agrees to a USCG <br />operating rule that requires the St. Lucie River Bridge be open to marine traffic at least fifteen <br />(15) consecutive minutes at a set time each hour between the hours of 6:00 a.m. and 10:00 p.m., <br />and open to rail and marine traffic, as applicable, on an as needed basis during the remaining <br />times, with the openings and closures to be equally divided between the rail and the marine traffic <br />during each of the following four (4) hour periods: 6:00 a.m. to 10:00 a.m., 10:00 a.m. to 2:00 <br />p.m., 2:00 p.m. to 6:00 p.m., and 6:00 p.m. to 10:00 p.m. <br />(d) The parties agree not to seek any additional operating rules for the St. Lucie <br />River Bridge for a period of five (5) years from the date Brightline commences passenger revenue <br />operations between West Palm Beach and Orlando. Notwithstanding the foregoing, if the USCG <br />does not agree to an operating rule consistent with paragraph 7(c) within twelve (12) months of <br />the Effective Date, Martin or CARE may seek operating rules consistent with this paragraph from <br />State and Federal government authorities immediately. <br />(e) Subject to FECR's and USCG's concurrence, Brightline agrees to a USCG <br />operating rule that requires the Loxahatchee River Bridge be open to rail and marine traffic, as <br />applicable, on an as needed basis, with openings at least once per hour and each closure lasting <br />no more than thirty (30) minutes. Brightline agrees to develop a set schedule for closures of the <br />Loxahatchee River Bridge and provide public access to that schedule and any updates thereto in <br />an internet-accessible format. Brightline further agrees to make best efforts to provide a <br />consistent time of opening each hour for the Loxahatchee River Bridge, similar but not identical <br />to the St. Lucie River Bridge. <br />(f) The parties agree not to seek any additional operating rules for the <br />Loxahatchee River Bridge for a period of five (5) years from the date Brightline commences <br />passenger revenue operations between West Palm Beach and Orlando. Notwithstanding the <br />foregoing, if the USCG does not agree to an operating rule consistent with paragraph 7(c) within <br />twelve (12) months of the Effective Date, CARE may seek operating rules consistent with this <br />paragraph from State and Federal government authorities immediately. <br />S. Briphtline Station in the Treasure Coast <br />Within 5 years of commencement of Brightline's passenger revenue train service from <br />West Palm Beach to Orlando, Brightline agrees to build at least one train station ("Station") in the <br />-11- <br />