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CROSSING AGREEMENT AMENDMENT BY AND AMONG <br />FLORIDA EAST COAST RAILWAY, LLC, BRIGHTLINE TRAINS LLC, <br />AND COUNTY, PERTAINING TO RAILWAY CROSSINGS <br />COVERED BY EXISTING CROSSING LICENSE AGREEMENTS <br />THIS Crossing Agreement Amendment (hereinafter "Amendment") is made and entered <br />into this day of , 2018, by and among FLORIDA EAST COAST RAILWAY <br />LLC, a Florida Limited Liability Company, with an address of 7411 Fullerton Street, Suite 300, <br />Jacksonville, FL 32256 (hereinafter "FECR") BRIGHTLINE TRAINS LLC, a Delaware Limited <br />Liability Company (authorized to do business in Florida), with an address of 161 NW 6T" ST, STE, <br />900, Miami, FL 33136 (hereinafter "BRIGHTLINE"), and COUNTY, <br />a Political Subdivision of the State of Florida (hereinafter "COUNTY") (collectively, the "Parties"). <br />RECITALS <br />WHEREAS, FECR owns and operates a rail corridor located within the boundaries of <br />COUNTY; and <br />WHEREAS, COUNTY has various roadways that cross the FECR right-of-way as listed <br />in Exhibit A, as such Crossings are more particularly defined in various license and/or crossing <br />agreements(hereinafter individually and in the aggregate, as the case requires, referred to as <br />"Crossings"); and <br />WHEREAS, FECR has entered into various license and/or crossing agreements with <br />COUNTY that set forth the rights and obligations of the Parties with respect to each of the <br />Crossings, as amended and assigned to date, as listed in Exhibit A (hereinafter "License <br />Agreements"); and <br />WHEREAS, BRIGHTLINE is developing an intercity passenger rail service from Miami to <br />Orlando, to be located within FECR's railway right-of-way (hereinafter "Project"); and <br />WHEREAS, FECR has agreed to allow BRIGHTLINE to utilize its rail corridor for the <br />Project; and <br />WHEREAS, in order to accommodate the Project it is necessary for BRIGHTLINE to <br />install a second track which requires improvement, construction and alterations to existing <br />Crossings; and <br />WHEREAS, pursuant to the License Agreements, COUNTY is responsible for a portion <br />of the costs related to improvements made to each Crossing; and <br />WHEREAS, BRIGHTLINE has agreed to incur all costs related to the Crossing <br />improvements to the extent required for the Project to ensure safety at public crossings and to <br />commence passenger rail service; and <br />WHEREAS, COUNTY finds that the terms of this Amendment will benefit the safety and <br />welfare of the public; and <br />WHEREAS, BRIGHTLINE has entered into a Settlement Agreement with COUNTY and <br />others, dated , 2018 (hereinafter "Settlement Agreement"); <br />- 1 - <br />