11/20/2018_SpecialCall - Laserfiche WebLink

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DRAFT SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement" or "Agreement") is made and entered into as of November 2018 (the "Effective Date"), by and between Martin County, Florida, a political subdivision of the State of Florida ("Martin"), Indian River County, Florida, a political subdivision of the State of Florida ("Indian River"), the Indian River County Emergency Services District, a dependent special services district ("Indian River ESD"), Citizens Against Rail Expansion in Florida, a non-profit group ("CARE"), and Brightline Trains LLC (`Brightline") (collectively, the "Parties"). RECITALS WHEREAS, Martin is a political subdivision of the State of Florida which is governed by a Board of County Commissioners (the "MARTINBCC"); WHEREAS, Indian River is a political subdivision of the State of Florida which is governed by a Board of County Commissioners (the "INDIANRIVERBCC"); WHEREAS, the Indian River ESD is a dependent special district which is administered by Indian River and is governed by the INDIANRIVERBCC sitting as the Board of Commissioners of the district; WHEREAS, CARE is a non-profit group organized under Florida law primarily consisting of community leaders, residents, and organizations in Martin, Indian River, and northern Palm Beach County, including the Town of Jupiter; WHEREAS, Brightline is a corporate entity tasked with developing and operating express passenger rail service between Miami and Orlando, Florida (the `Brightline Project"); WHEREAS, the bulk of Brightline's planned passenger service route, including the portion which will pass through Martin and Indian River, will use the Florida East Coast Railway LLC ("FECR") railroad right-of-way (the "FECR ROW"); WHEREAS, Martin has independent roadway crossing agreements with FECR, which are listed in Exhibit A (the "Existing Martin Crossing Agreements"); WHEREAS, Indian River has independent roadway crossing agreements with FECR, which are listed in Exhibit B (the "Existing Indian River Crossing Agreements"); WHEREAS, to accommodate Brightline's express passenger service, Brightline is upgrading the portion of the FECR ROW between Miami and Cocoa by, inter alio, upgrading existing railroad ties and tracks, installing a second set of mainline tracks, improving roadway crossings, and installing and activating Positive Train Control systems; WHEREAS, Brightline has received an allocation of Private Activity Bonds ("PABs") from the United States Department of Transportation ("USDOT") in connection with construction of the Brightline Project;