11/20/2018_SpecialCall - Laserfiche WebLink

Home Browse Search

NOW THEREFORE, for the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1. PURPOSE The purpose of this Amendment is to memorialize the agreement reached relating to the Project with respect to the Crossings and terms related to the construction, maintenance and safety of the Crossings. Section 2. LICENSE AGREEMENTS The Crossings, as improved for the Project, shall continue to be governed by the terms and provisions of the License Agreements, listed on Exhibit A. Section 3. BRIGHTLINE REPRESENTATIONS 3.1 Initial Development Costs. BRIGHTLINE shall fund and be responsible for all necessary and reasonable capital investments to complete the initial installation of crossing improvements at the Crossings to the extent required for compliance with currently applicable laws and requirements for passenger rail service (hereinafter, the "Initial Development Costs"). The Initial Development Costs may include some or all of the following, based on the individual requirements for each Crossing, as more specifically described in the final plans and drawings for each Crossing provided by BRIGHTLINE to COUNTY: the installation, relocation or alteration of new track and/or the existing track; cables; railroad devices; crossing structures; railroad signalization equipment: grade crossing surfaces; roadway, signage and pavement marking; co- habitation of roadway traffic signals impacted by the Project to railroad truss structures; relocation of any permitted COUNTY utilities and, any other element necessary to comply with all applicable laws and regulations. The Initial Development Costs do not include the costs of any other improvements to the Crossings related to the establishment of quiet zones or any other improvements required or desired by COUNTY, except as provided in the Settlement Agreement. Regardless of any provision to the contrary the License Agreements, COUNTY shall have no responsibility for any Initial Development Costs, except as provided in the Settlement Agreement. 3.2 Maintenance of Existing Crossing. If there is required regular maintenance to be performed in connection with the currently existing crossing surface that is outside of the scope of the Project, that maintenance is not included within the scope of BRIGHTLINE's work and expense, provided, however, that BRIGHTLINE and FECR will endeavor to coordinate their respective work so as to minimize any existing crossing surface maintenance costs that the COUNTY may bear in accordance with the existing License Agreements. 3.3 Standards. BRIGHTLINE shall construct all track and crossing Project improvements at each Crossing in compliance with the crossing construction plans submitted by BRIGHTLINE to the COUNTY and incorporated in the Settlement Agreement, in Exhibit _ 3.4 Coordination. BRIGHTLINE and COUNTY agree to coordinate and cooperate with each other at all times with regard to notice, permitting, mobilization and construction timing of the Project improvements. Elements of the Project may extend beyond the FECR right- of -way at certain Crossing(s) in order to complete the Project within -2-