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11/20/2018_SpecialCall
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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
Metadata
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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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The provisions hereof shall be binding upon and inure to the benefit of the <br />successor, executors, administrators and permitted assigns of the respective parties. <br />26. Special Notice Regarding Radon Gas <br />Lessee is hereby notified that radon gas is a naturally occurring radioactive gas that, <br />when accumulated in a building in sufficient quantities, may present health risks to persons who <br />are exposed to it over a period of time. Levels of radon that exceed federal and state guidelines <br />have been found in buildings in the State of Florida. Lessee is further notified that additional <br />information regarding radon gas, and the testing for radon gas, may be obtained from the Public <br />Health Units of the various counties. <br />27. Restrictions <br />Lessee agrees that no plants, shrubbery, trees or other vegetation that would obstruct the <br />view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of <br />trains, will be placed on the Leased Premises. In addition to the above restriction, no plants, <br />shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within <br />two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two <br />(2) feet in height, Lessor, BRIGHTLINE or the Railway may trim such vegetation to a two (2) foot <br />height at Lessee's expense. Plants, shrubbery, trees or other vegetation shall be trimmed by Lessee <br />so as to maintain a distance from the centerline of the nearest track of twenty-five (25) feet and if <br />such vegetation is closer than twenty-five (25) feet from the centerline of the nearest track, Lessor, <br />BRIGHTLINE or the Railway may trim or remove such vegetation so that no vegetation is within <br />twenty-five (25) feet of the centerline of the nearest track at Lessee's expense. This restriction in <br />no way limits the indemnification requirements set forth in this Lease. Also, no plants, shrubbery, <br />trees or other vegetation of a hazardous or noxious nature that might produce injury to any person <br />coming in contact with said plants, shrubbery, trees or other vegetation will be placed upon the <br />Leased Premises, the ROW or any adjacent property by Lessee. The placement of any wells by <br />Lessee on the Leased Property, the ROW or any adjacent property is strictly prohibited. <br />28. Notices <br />Any notice, request or communication (a "Notice") to be given or to be served upon <br />any party hereunder, in connection with this Lease, must be in writing and must be given by <br />certified or registered mail and shall be deemed to have been given and received when a certified <br />or registered letter, containing such Notice, properly addressed, with postage prepaid, is deposited <br />in the U.S. Mail; or, if given otherwise than by certified or registered mail, it shall be deemed to <br />have been given when delivered to and received by the party to whom it is addressed. Such Notices <br />shall be addressed to the parties herein at the following addresses: <br />TO LESSOR: Craig Olson, Vice President <br />7411 Fullerton Street, Suite 301 <br />Jacksonville, Florida 32256 <br />WITH A COPY <br />16 <br />
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