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Martin Fencing.
<br />(a) In accordance with FRA requirements and the Final Environmental Impact
<br />Statement for the Brightline Project ("FEIS"), Brightline shall perform a Hazard Analysis within
<br />the timeframe provided by 49 C.F.R. § 270. That Hazard Analysis shall include an evaluation
<br />designed to determine the locations within Martin where fencing of the FECR ROW is required or
<br />recommended for safety. Other than Brightline, none of the parties to this Agreement shall have
<br />any role in performing the Hazard Analysis. Brightline shall not be obligated to provide Martin a
<br />copy of the Hazard Analysis in view of 49 C.F.R. § 270 which provides that the Analysis is
<br />confidential and exempt from disclosure. Brightline shall instead provide the other parties with a
<br />list of the locations within Martin where fencing of the FECR ROW was determined to be required
<br />or recommended for safety. Brightline shall install and maintain fencing in such locations, at its
<br />own expense. Martin shall have no responsibility, including but not limited to financial or liability,
<br />pertaining to the installation or maintenance such fencing.
<br />(b) Subject to the concurrence of FECR, Brightline agrees to Martin's
<br />installation of additional fencing within the FECR ROW, at the locations specified in Exhibit J.
<br />For such additional fencing, Martin agrees to execute FECR's standard form Fencing Lease
<br />Agreement attached hereto as Exhibit L, pursuant to which Martin will pay FECR an annual lease
<br />fee in an amount not to exceed 75 cents per square foot of leased area. The grant of the lease shall
<br />be subject to compliance with FECR and Brightline engineering requirements and approvals which
<br />shall not be unreasonably denied. Martin agrees that the indemnity and insurance obligations
<br />under FECR's standard form Fencing Lease Agreement shall be modified to extend to both FECR
<br />and Brightline. Brightline shall be responsible for paying the initial cost of the additional fencing
<br />and the initial cost of installing such fencing, up to $1 million ($1,000,000). Martin shall be
<br />responsible for the balance of such costs, if any, as well as the cost of maintaining and replacing
<br />the additional fencing, as needed. Martin shall be responsible for the actual installation and
<br />ongoing maintenance of the additional fencing, and any liability associated therewith; provided,
<br />however, that the method and manner of construction and maintenance (but not any bidding
<br />process including awards of bids) shall be subject to the approval of FECR and Brightline, to
<br />ensure non-interference with rail or fiber optic operations.
<br />(c) In the event that Martin or Brightline elects to seek federal, state, or other
<br />grant money to defray the cost of any fencing, installation, or maintenance under this paragraph 5,
<br />the other party shall cooperate in such efforts.
<br />(d) The fencing to be installed shall be Florida Department of Transportation
<br />"Type B" fencing.
<br />Indian River Fencing.
<br />(a) In accordance with FRA requirements and the FEIS, Brightline shall
<br />perform a Hazard Analysis within the timeframe provided by 49 C.F.R. § 270. That Hazard
<br />Analysis shall include an evaluation designed to determine the locations within Indian River where
<br />fencing of the FECR ROW is required or recommended for safety. Other than Brightline, none of
<br />the parties to this Agreement shall have any role in performing the Hazard Analysis. Brightline
<br />shall not be obligated to provide Indian River a copy of the Hazard Analysis in view of 49 C.F.R.
<br />§ 270 which provides that the Analysis is confidential and exempt from disclosure. Brightline
<br />shall instead provide the other parties with a list of the locations within Indian River where fencing
<br />of the FECR ROW was determined to be required or recommended for safety. Brightline shall
<br />install and maintain fencing in such locations, at its own expense. Indian River shall have no
<br />responsibility, including but not limited to financial or liability, pertaining to the installation or
<br />maintenance of such fencing.
<br />(b) Subject to the concurrence of FECR, Brightline agrees to Indian River's
<br />installation of additional fencing within the FECR ROW, at the locations specified in Exhibit K.
<br />For such additional fencing, Indian River agrees to execute FECR's standard form Fencing Lease
<br />Agreement attached hereto as Exhibit L, pursuant to which Indian River will pay FECR an annual
<br />lease fee in an amount not to exceed 75 cents per square foot of leased area. The grant of the lease
<br />shall be subject to compliance with FECR and Brightline engineering requirements and approvals
<br />which shall not be unreasonably denied. Indian River agrees that the indemnity and insurance
<br />obligations under FECR's standard form Fencing Lease Agreement shall be modified to extend to
<br />both FECR and Brightline. Brightline shall be responsible for paying the initial cost of the
<br />additional fencing and the initial cost of installing such fencing, up to $I million ($1,000,000).
<br />Indian River shall be responsible for the balance of such costs, if any, as well as the cost of
<br />maintaining and replacing the additional fencing, as needed. Indian River shall be responsible for
<br />the actual installation and ongoing maintenance of the additional fencing, and any liability
<br />associated therewith; provided, however, that the method and manner of construction and
<br />maintenance (but not any bidding process including awards of bids) shall be subject to the approval
<br />of FECR and Brightline, to ensure non-interference with rail or fiber optic operations.
<br />(c) In the event that Indian River or Brightline elects to seek federal, state, or
<br />other grant money to defray the cost of any fencing, installation, or maintenance under this
<br />paragraph 6, the other party shall cooperate in such efforts.
<br />(d) The fencing to be installed shall be Florida Department of Transportation
<br />"Type B" fencing. The fencing shall be galvanized with black or dark green coating.
<br />St. Lucie River Bridge Modifications.
<br />(a) Subject to the concurrence of FECR and the United States Coast Guard
<br />("USCG"), and if the conditions expressed in this paragraph are met, Brightline agrees to incur
<br />the expense of raising the low chord elevation of one (1) roughly fifty-five (55) foot span of the
<br />St. Lucie River Bridge by between twelve (12) to twenty-four (24) inches above mean high water
<br />level relative to the current low chord height as part of Brightline's forthcoming repairs to the St.
<br />Lucie River Bridge. Within ninety (90) days of the Effective Date, Brightline shall commission
<br />engineering plans for such modifications in order to determine how high of a raise can reasonably
<br />and realistically be achieved (the "Proposed Raise'). Within ninety (90) days thereafter,
<br />Brightline shall commission an analysis designed to determine the percentage of boat traffic that
<br />the Proposed Raise will allow to pass under the St. Lucie River Bridge while it is in a closed
<br />position. The analysis will be similar to that previously commissioned by the Town of Jupiter
<br />with respect to the anticipated raise of the low chord elevation of certain spans of the Loxahatchee
<br />River Bridge. Brightline shall be solely responsible for the cost of the referenced engineering
<br />plans and the cost of the analysis of the impact of the Proposed Raise on boat traffic. If the
<br />analysis determines that the Proposed Raise will permit less than 35% of boat traffic to pass under
<br />the St. Lucie River Bridge while it is in a closed position, Brightline shall not be obligated to
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