11/20/2018_SpecialCall - Laserfiche WebLink

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shall share responsibility for paying Municipality's road surface, signal, and other crossing maintenance and rehabilitation costs, as follows: Municipality shall pay up to $[Average Historical Cost] of the total amount invoiced by FECR for road surface, signal, and other crossing maintenance and rehabilitation costs each calendar year, and Brightline shall pay the balance of such costs; provided, however, that if Municipality does not pay its share of such costs as contemplated herein, Brightline shall have no responsibility for paying any portion of such costs for the year in question. For example, if Municipality were to receive a total of $[Amount Less Than Average Historical Cost] in invoices from FECR in a particular calendar year, Municipality would be obligated to pay those invoices in full; but if Municipality were to receive a total of $[Amount More Than Average Historical Cost] in invoices from FECR in a particular calendar year, Municipality would only be obligated to pay $[Average Historical Cost], and upon such payment, Brightline would be obligated to pay the balance due — $[Difference]. The amendments shall further provide that Municipality shall remain solely responsible for paying FECR the applicable license fee for each crossing per year. [Note: Municipality's Average Historical Cost shall be calculated by (a) determining the average of the total amount invoiced by FECR each year between 2011 and 2017 for crossing maintenance and rehabilitation costs other than signal inspection fees, and (b) adding to that average the amount invoiced by FECR for signal inspection fees during the year 2017.] 3. Commitments of Municipality Regardingthe e Britline Project. (a) Municipality hereby agrees that it will not oppose or challenge, or encourage others to oppose or challenge, any pending or future federal, state, or local approval, permit, or authorization relating to the Brightline Project, or the financing of the Brightline Project, or seek any further state, federal or local environmental or other review with respect to the improvements which Brightline is committing to make in the Settlement Agreement, during the period of construction and the first five (5) years of Brightline passenger revenue operations between West Palm Beach and Orlando, including but not be limited to any approval, permit, or authorization issued by the U.S. Department of Transportation, the Federal Railroad Administration, the U.S. Army Corps of Engineers, the U.S. Coast Guard, the Florida Department of Transportation, the St. Johns River Water Management District, and the South Florida Water Management District, as well as the Final Environmental Impact Statement issued for the Brightline Project and any other NEPA, NHPA, or related project review/consultation documents. (b) Municipality hereby acknowledges and agrees that it has evaluated the work currently proposed to be done within Municipality as part of the Brightline Project and has determined that the work to be done inside the FECR ROW is not subject to any Municipal permitting requirements. (c) Municipality shall not seek to impose any local approval or permitting requirements with respect to work to be done within the FECR ROW. (d) During the period of construction and the first three years of Brightline passenger revenue operations between West Palm Beach and Orlando, Municipality will not pass any resolution or adopt any other official act that publicly supports or actively encourages others to support any federal or state legislation, or new local laws or regulations that would directly -2-