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0 WHEREAS, the Florida Development Finance Corporation ("FDFC") has authorized issuance of the PABs; WHEREAS, Martin, Indian River, the Indian River ESD, and CARE have filed a Complaint challenging authorization of the PABs in the United States District Court for the District of Columbia in a case entitled Martin County, Florida, et. al. v. U.S. Department of Transportation, et al., Case No. 1:18-cv-00333-CRC ("PABs Litigation"); and WHEREAS, Martin, Indian River, the Indian River ESD, CARE, and Brightline desire to settle their differences in order to avoid the time, expense, and uncertainty of further litigation. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and other good and valuable consideration the receipt and the sufficiency of which are acknowledged, the Parties hereby agree as follows: 1. Incorporation of Definitions and Recitals. The definitions and recitals above are incorporated herein by reference and made a substantive part of this Settlement Agreement. 2. Martin Roadway Crossing Designs and Maintenance. (a) The Parties agree that there are 26 grade crossings within Martin where the FECR ROW intersects with an existing roadway, as listed in Exhibit A (the "Martin Crossings"). (b) The Parties further agree that Brightline is proposing modifications to 26 of the Martin Crossings as part of the Brightline Project (the "Martin Crossings to be Modified"). These modifications shall be paid for by Brightline. (c) For the Martin Crossings to be Modified, Brightline shall, at its own expense, install the safety and other improvements reflected in the designs and related documentation attached as Exhibit C-1 and C-2; provided that Brightline's payment for ROW sidewalk installation is limited to the sidewalks specified in Exhibit C-1. Those improvements include, inter alia: (i) the addition of exit gates at the crossings located as specified in Exhibit C- 1; (ii) the addition of Vehicle Presence Detection ("VPD") at the crossings located as specified in Exhibit C-1; and (iii) the addition of sidewalks at the crossings located as specified in Exhibit C- 1. Martin accepts the improvements reflected in Exhibit C-1 and C-2. Should Martin desire the installation of additional safety or other improvements not reflected in Exhibit C-1 and C-2, those additional improvements shall be subject to the reasonable approval of FECR and Brightline. Martin shall be solely responsible for the cost of design and construction of such additional improvements, and the parties shall coordinate in good faith on the design and construction of such improvements, so as not to delay the design or construction of the Brightline Project. In the event that Martin or Brightline elects to seek federal, state, or other grant money to defray the cost of any improvement under this paragraph, the other party shall coordinate in good faith with such efforts. Likewise, if Martin and/or Brightline is successful in obtaining grant money for any improvement the cost of which is to be shared on an equal basis, their payment obligations shall be reduced on an equal basis. For example, if Martin were to obtain a grant in the amount of $100,000 for the installation of improvements the cost of which is to be shared on an equal basis, Martin's and Brightline's respective payment obligations for those improvements would be reduced by $50,000 each. -2-