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DocuSign Envelope ID: A50351E1-5303-437E-99C1-329F1E98858A 2. Indian River Crossing Designs and Maintenance. (a) Brightline shall be responsible for installing and paying for the cost of the improvements to the Indian River Crossings set forth in Exhibit B (the "Planned Crossing Improvements"). Indian River accepts the portions of the Planned Crossing Improvements which are located within the FECR ROW. (b) Brightline shall also install the additional improvements listed in Exhibit C (the "Additional Crossing Improvements"). Brightline shall be responsible for the cost of the Additional Crossing Improvements, except for (A) the railroad crossing panels to be installed at a width sufficient to accommodate future Indian River road widening projects planned at 41 st Street, 45th Street, and 49th Street, and (B) the sidewalk to be installed on one side of 65th Street from the west side of County Road 5A to the FECR ROW line on the west side of the tracks (together, the "Indian River Funded Improvements"). It is contemplated that Brightline will fund the cost of the Additional Crossing Improvements for which it is responsible through a combination of sources, including: (i) a Federal grant or grants including, but not limited to a grant through the Rebuilding American Infrastructure with Sustainability and Equity ("RAISE") program, the Consolidated Rail Infrastructure and Safety Improvements ("CRISI") program, and/or the Better Utilization Investments to Leverage Development ("BUILD") program (collectively, the "Federal Grant"), which Federal Grant is to be applied for by Indian River with support from the Florida Department of Transportation ("FDOT"), Brightline, and municipalities within Indian River County's borders; (ii) a grant or grants or other contribution from the State of Florida and/or FDOT (collectively, the "State Grant"); and (iii) a contribution from Brightline. Indian River shall be responsible for the cost of the Indian River Funded Improvements. The contribution from Indian River shall be limited to $905,000. The parties shall fully cooperate in the pursuit of the Federal Grant and State Grant, and they shall also designate the Additional Crossing Improvements as their highest priority request under the Federal Grant and State Grant programs. Indian River agrees to disburse its contribution for the Indian River Funded Improvements in accordance with the Local Government Prompt Payment Act, Fla. Stat. §§ 218.70, et seq. For purposes of the Local Government Prompt Payment Act, the Indian River Public Works Director shall be the agent or employee to which Brightline may submit its payment request or invoice. And for purposes of the Local Prompt Payment Act, not meeting the contract requirements means not performing work in accordance with approved plans and specifications. In the event that Brightline or Indian River seeks any additional federal, state, or other grant money to defray the cost of any Additional Crossing Improvement, the other party shall coordinate in good faith with such efforts. The parties acknowledge and agree that the Additional Crossing Improvements are being made as an accommodation in furtherance of settlement and shall not be deemed an admission that the improvements are necessary or advisable at any particular location. Nor shall they be deemed precedent that similar improvements are necessary or advisable at any other location. (c) Before Brightline commences construction at any Indian River Crossing, it shall submit to FDOT and Indian River the plans and specifications for the Planned and Additional Crossing Improvements at such crossing, and a maintenance of traffic plan for such work (the "Submissions"). FDOT and Indian River shall review said Submissions for compliance with Exhibits B and C, and applicable Federal, State, and Local requirements and regulations. Indian River shall be included in all aspects of the review process and shall have ten (10) business days to provide comments on the Submissions to FDOT for inclusion in the comments provided to Brightline. Indian River's comments may address Federal, State, and Local requirements or -2-