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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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Board of County Commissioners <br />November 19, 2018 <br />Page Two <br />As part of a settlement agreement, Brightline is agreeing to install additional safety measures in both <br />Martin County and Indian River County above that required by the Federal Railroad Administration. The <br />additional improvements in Indian River County include exit gates and vehicle presence detection at <br />Roseland Road, I' Street and 4t" Street. This will mean all of the crossings in the unincorporated areas of <br />Indian River County will have exit gates and vehicle presence detection. The improvements will also <br />include improving the vertical transition pedestrian and bicycle facilities at a number of highway railroad <br />crossings in the unincorporated areas of Indian River County. Brightline will pay for the installation of <br />these improvements. <br />Brightline is also agreeing to install fencing in both Indian River County and Martin County. Brightline <br />will install fencing—at Brightline's expense—where required or recommended by the Federal Railroad <br />Administration at its own cost. Additionally, Brightline will pay for the installation of up to $1,000,000 of <br />fencing in Martin County and $1,000,000 of fencing in Indian River County. For this fencing, the <br />counties will be responsible for the maintenance of the fencing and Florida East Coast Railway ("FECR") <br />license fees. <br />Brightline will also work with the counties with respect to accidents at the crossings. Brightline will <br />promptly notify first responders in the impacted county or municipality of any such accidents with cars or <br />pedestrians. Brightline will meet with Martin and Indian River first responders and engineering <br />employees no less than annually to review all accidents in the counties from the preceding year and jointly <br />evaluate if additional actions are necessary to prevent similar accidents. <br />Additionally, with respect to the cost of maintenance at the intersections, there will be a 14 -year cap on <br />the total amount invoiced by FECR for road surface, signal, and other crossing maintenance and <br />rehabilitation costs each calendar year, with Brightline paying the balance of such costs. The annual cap <br />will start when Brightline begins passenger revenue operations from West Palm Beach to Orlando. The <br />annual maintenance costs during the 14 years will actually be lower than that having been paid by Indian <br />River County over the past several years. This benefit will be available to municipalities within Indian <br />River as well. Additionally, the maintenance costs in years 15, 16 and 17 will also have a cap, which will <br />prevent Brightline and FECR from pushing off major improvements until after the cap is removed. Indian <br />River County's annual maintenance costs will be slightly lower than that of Martin County. <br />Also, within five (5) years of commencement of Brightline's passenger revenue train service from West <br />Palm Beach to Orlando, Brightline will build at least one train station in Martin, St. Lucie, or Indian River <br />County. Brightline will have at least two northbound and two southbound trains stop at the station each <br />day. The applicable local government and Brightline will be splitting the cost of the construction of the <br />station(s). <br />Brightline will also be addressing safety and navigability issues pertaining to the Loxahatchee and St. <br />Lucie River Bridges and partnering with Martin County on a pedestrian flyover. <br />RUttomeylbn&a GENERALO C Cf4gendu Me-811ghrltne Sert1—ent Ag—encdnc <br />
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