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06/23/2015 (4)
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06/23/2015 (4)
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3/2/2021 10:52:27 AM
Creation date
9/2/2015 12:02:44 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/23/2015
Meeting Body
Board of County Commissioners
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Objector claim: <br /> Future transit depots between Cocoa and Palm Beach are prohibited by the lease agreement <br /> with the Central Florida Expressway Authority (CFX) for AAF to use a portion got the FL 528 <br /> right-of-way for construction of its Cocoa to Orlando passenger rail extension. <br /> Analysis of the facts reveals: <br /> No such provision exists. In fact, the lease specifically acknowledges (in several places) likely <br /> future expansion of services between Miami and Orlando and to other areas beyond Orlando.4 <br /> With respect to new transit stops (depots) between West Palm Beach and Orlando, the lease <br /> specifically states the following (extraneous material removed for brevity): <br /> ... such Intercity Passenger Rail Service might eventually include additional stops between <br /> the Orlando and Miami destinations and/or might be expanded to other destinations beyond <br /> the current destinations... <br /> "It is understood and agreed that the Intercity Passenger Rail Service may be expanded to <br /> other destinations beyond the current destinations... and/or additional stops or depots may <br /> be added, but, prior to including any additional stops or depots between Orlando <br /> International Airport and West Palm Beach, Florida... AAF shall provide the Authority with a <br /> reasonably detailed description of the proposed expansion... and reports pertaining to <br /> ridership and diverted trips along State Road 528... that such expansion and/or additional <br /> stops or depots will not cause a reduction in System Pledged Revenues..." <br /> This provision exists to create a process to compensate CFX for lost toll revenues for those <br /> who would elect to use AAF rather than drive between Orlando and a new depot, a drive that <br /> would presumably have them use FL 528 and pay CFX tolls. This is a very reasonable <br /> provision, given AAF's Cocoa to Orlando rail extension will be built on land leased from the <br /> OOCEA(now CFX). <br /> No reasonable reading of this provision of the lease can conclude that future transit stations <br /> between Cocoa and Palm Beach are prohibited by this lease. <br /> Additional AAF transit stations are a win-win situation because not only will CFX receive <br /> compensation for lost toll revenues without the wear and tear on its highway, but also traffic for <br /> motorists will be lighter, maintenance costs will be reduced, and pressure for future expansion <br /> will be delayed. <br /> Conclusions: <br /> No provision of the Cocoa-Orlando rail extension right-of-way lease prohibits any future transit <br /> stops between Orlando and Palm Beach. To the contrary, the likelihood of new stations is <br /> specifically acknowledged by the plain language of the lease agreement for the Cocoa to <br /> Orlando rail extension, which lease also includes provisions to compensate the CFX for lost <br /> toll revenue on FL 528 arising from any new transit station between Orlando and Palm Beach. <br /> June 23, 2015 Page 8 of 12 <br /> "1 'O <br />
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