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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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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />County Attorney's Matters - B.C.C. 11. 20.78 <br />Of of <br />NDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney Q(7-' <br />DATE: November 19, 2018 <br />ATTORNEY <br />SUBJECT: Martin County, Indian River County, Indian River County Emergency Services District, <br />CARE -FL and Brightline Trains LLC Litigation <br />BACKGROUND. <br />On March 17, 2015, the Indian River County Board of County Commissioners (the "Board") authorized <br />the County Attorney's Office to file a complaint in federal court challenging the U.S. Department of <br />Transportation's (USDOT's) approval of the issuance of the $1.75 billion of tax exempt private activity <br />bonds for the All Aboard Florida project. On March 24, 2015, the Board authorized the County <br />Attorney's Office to include the Emergency Services District as a plaintiff in the case. As the Board is <br />aware, as a result of the decision in that case, the USDOT withdrew its private activity bond allocation for <br />Phase II of the All Aboard Florida project. <br />On December 19, 2017, the Board authorized the County Attorney's Office to file a lawsuit against the <br />USDOT in conjunction with issuance of the Record of Decisioi for Phase II of the All Aboard Florida <br />project. On February 13, 2018, Martin County, Indian River County and CARE -FL filed a lawsuit in <br />federal court challenging the validity of the private activity bonds and the National Environmental Policy <br />Act ("NEPA") process for Phase H of the All Aboard Florida project. The parties have filed all of the <br />papers with the court, and the court has scheduled oral argument for November 27, 2018. <br />This fall, Brightline expressed a willingness to engage Martin County, Indian River County and CARE -FL <br />in settlement discussions. As a result of these discussions, the parties have negotiated a settlement that <br />would address many of the concerns raised by the Counties and CARE -FL. Although the terms have not <br />been finalized, the County Attorney's Office wishes to present the general framework for a final <br />settlement agreement between the parties. The Martin County Board of County Commissioners will be <br />considering this matter at its meeting on November 20, 2018. <br />FAAuu y'JindntGE FFALLBCCUgendo NemmkBrigAdine &tfk NAgms—nr.doc <br />
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