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RESOLUTION 2018- <br />A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF <br />COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF <br />THE SETTLEMENT AGREEMENT WITH BRIGHTLINE TRAINS, LLC <br />AND AUTHORIZING THE COUNTY ATTORNEY TO MODIFY NON - <br />SUBSTANTIVE TERMS OF THE SETTLEMENT AGREEMENT AND <br />ACCEPT MODIFIED EXHIBITS, AS NEEDED, TO FINALIZE THE <br />SETTLEMENT AGREEMENT PRIOR TO EXECUTION BY THE <br />CHAIR. <br />WHEREAS, on November 20, 2018, the Indian River County Board of County <br />Commissioners (`BOCC") in a public meeting considered approval of a Settlement Agreement <br />with Brightline Trains, LLC in the civil action styled Martin County, et al. v. U.S. Department of <br />Transportation, et al., Case No. 1: 1 8-cv-00333-CRC, United States District Court for the District <br />of Columbia (the "Federal Litigation"); and <br />WHEREAS, the BOCC recognizes that it is in the best interest of Indian River County <br />to resolve the Federal Litigation pursuant to the terms of the Settlement Agreement, which will, <br />among other things, provide additional safety enhancements, as well as defray costs for road <br />crossing maintenance for years to come. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />The Indian River County Board of County Commissioners, on behalf of Indian <br />River County and the Indian River County Emergency Services District, hereby <br />approves the Settlement Agreement with Brightline Trains, LLC in the Civil <br />Action Martin County, et al. v. U.S. Department of Transportation, et al., Case No. <br />1:18-cv-00333-CRC, which is attached hereto and incorporated by reference; and <br />2. The Indian River County Board of County Commissioners, on behalf of Indian <br />River County and the Indian River County Emergency Services District, hereby <br />authorizes the County Attorney to make non -substantive changes to the Settlement <br />Agreement as well as its Exhibits to ensure correctness and accuracy prior to <br />execution by the Chair <br />3. The Chair is hereby authorized to execute the Settlement Agreement as well as any <br />and all documents necessary and appropriate in connection with the Settlement <br />Agreement. <br />The foregoing resolution was moved for adoption by Commissioner , <br />and seconded by Commissioner , and, upon being put to a vote, the vote was as <br />follows: <br />