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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 Three <br />As part of the agreement, Indian River County and Martin County will dismiss the current lawsuits on <br />November 26'. Additionally, Martin County and Indian River County will not oppose or challenge, or <br />encourage others to oppose or challenge, any pending or future federal, state, or local approval, permit, or <br />authorization relating to the Brightline Project, or the financing cf the Brightline Project. There will also <br />be a limitation on seeking additional review relating to the improvements Brightline will make as part of <br />the agreement during the period of construction and the first five (5) years of Brightline passenger revenue <br />operations between West Palm Beach and Orlando. <br />Additionally, during the period of construction and the first three (3) years of Brightline passenger <br />revenue operations between West Palm Beach and Orlando, Martin County and Indian River County will <br />not pass any resolution or adopt any other official act that publicly supports or actively encourages third <br />parties to support any federal or state legislation, or new County laws or regulations that would directly <br />and adversely impact the Brightline Project. And Martin County and Indian River County also agree not <br />to pass any resolution or adopt any other official act that publicly supports or actively encourages others to <br />support any federal, state, county, or local laws or regulations that would directly and adversely impact <br />Brightline's ability to comply with any term of the settlement agreement or vary any commitment made <br />under the settlement agreement. <br />The parties will also agree to a mutual release of all claims against the other parties. <br />The County Attorney's Office believes that this settlement framework is the best proposal that could be <br />obtained for Indian River County, Martin County and the community and that this proposal will no longer <br />be available once the oral argument is conducted on November 27th. The County Attorney's Office <br />believes that this settlement would provide significant safety and financial benefits to the County and its <br />citizens. <br />RECOMMENDATION. <br />The County Attorney's Office recommends that Indian River County Board of County Commissioners <br />consider the framework of a settlement agreement. If the Board wishes to enter into a settlement <br />agreement, the County Attorney's Office recommends that the Board adopt a resolution approving the <br />settlement agreement and authorize the chair to execute the settlement agreement and any and all <br />documents necessary to effectuate the settlement agreement, after review and approval by the County <br />Attorney. <br />F:LUfomW,LindMGF,VERALIB CCLngmdo M—s1. righdine SenfemenrAgreemenlrbc <br />
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