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Home My WebLink AboutR-2025-082 FECR Crossing Imp. Agreement ModificationRESOLUTION NO. 2025-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MODIFICATION TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA EAST COAST RAILWAY, L.L.C. (FECR), AND BRIGHTLINE TRAINS FLORIDA, LLC, RELATING TO THE BROWARD COUNTY SEALED CORRIDOR PROJECT; CONFIRMING BRIGHTLINE’S THIRD-PARTY BENEFICIARY STATUS TO THE CROSSING AGREEMENT; RATIFYING THE CITY’S CONTINUING OBLIGATIONS UNDER THE EXISTING CROSSING AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach previously entered into an agreement dated February 23, 2006, with Florida East Coast Railway, L.L.C. (FECR) governing the grade crossing located at NW 1st Street (DOT #272573H); and WHEREAS, on December 10, 2024, pursuant to Resolution No. 2024-171, the City authorized participation in the Broward County Sealed Corridor Project, funded in part by the Railroad Crossing Elimination Program (RCEP), to improve safety at multiple railroad crossings within Broward County, including the crossing within Dania Beach; and WHEREAS, the City’s total financial commitment to the project is Ninety-Two Thousand Two Hundred Five Dollars ($92,205.00), including a 20% contingency, with the remainder funded through federal and county grants; and WHEREAS, a modification letter, which letter is attached as Exhibit “A” and incorporated into this Resolution by this reference, has been presented that formally recognizes Brightline Trains Florida LLC as an intended third-party beneficiary of the existing Crossing Agreement between the City and FECR and affirms that Brightline will design and construct the improvements, subject to reimbursement provisions in existing federal and interlocal agreements; and WHEREAS, the modification does not alter the core responsibilities of the City or FECR under the original agreement but affirms that the Crossing Agreement will govern the improved crossings and clarifies liability and cost-sharing for the project; and WHEREAS, the Public Services Department recommends approval of the modification to support timely project execution and ensure compliance with the requirements of the RCEP Grant. RESOLUTION #2025-082 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute the Modification to the Crossing Agreement with FECR and Brightline, attached as Exhibit “A”, substantially in the form presented, to formally confirm the inclusion of the NW 1st Street crossing in the RCEP Project, acknowledge Brightline’s third-party beneficiary status, and ratify the City’s continuing obligations under the Crossing Agreement. Section 3. That the City confirms its financial commitment to the project in the amount of $92,205.00, which includes a 20% contingency. Project costs shall be supported through federal grant funds in the amount of $594,943.00 and a county grant match of $71,898.00, consistent with Resolution No. 2024-171. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on June 10, 2025. Motion by Vice Mayor Salvino, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE RESOLUTION #2025-082 3 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY March 12, 2025 Ana Garcia City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Re: Agreement between Florida East Coast Railway, L.L.C. ("FECR"), City of Dania Beach (the "Licensee”) and Brightline Trains Florida LLC ("Brightline") with regard to the documents listed on Exhibit A hereto (as amended and assigned to date, the "Crossing Agreements”) relating to the crossings referenced therein (the "Crossings”) Dear Ms. Garcia: This letter shall serve to memorialize the agreement reached between Licensee, FECR and Brightline relating to those certain Crossing Agreements set forth in Exhibit A attached hereto that govern the Crossings (as such Crossings are more particularly defined in the Crossing Agreements) and terms relating to the construction, maintenance, and safety of such Crossings. Specifically, and without modification to any other term, obligation or condition set forth in the Crossing Agreements, Licensee, FECR and Brightline hereby agree to the following terms and conditions, in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties: • The Broward Metropolitan Planning Organization (“BMPO”) is the recipient of a federal grant pursuant to the Railroad Crossing Elimination Program (“RCEP Grant”) which will help fund the Broward County Sealed Corridor Project (the “Project”), which aims to improve safety in Broward County, Florida, by installing enhancements at 21 grade crossings along the Florida East Coast Rail Corridor (“Corridor”), which is owned by FECR and is currently shared by FECR, which operates freight rail, and Brightline, which provides intercity passenger rail service. • The initial development and construction of the Project will be funded by the RCEP Grant and funds provided by Broward County (the “County”) and the participating municipalities (each a “City”, and collectively, the “Cities”, and together with the County, each a “Participant” and collectively, the “Participants”) (the “Project Costs”). • Licensee is a Participant of the Project and wishes to include the Crossings in the Project. • Brightline shall construct the Project and shall be reimbursed for the Project Costs pursuant to the Subrecipient Agreement between Brightline and BMPO for the RCEP Grant for the Project (the “Subrecipient Agreement”) and the various Grant Participation and Reimbursement Agreements for the Implementation of the RCEP Grant for the Project along the Corridor within Broward County, Florida with each of the Participants (each a “Reimbursement Agreement”, and collectively, the “Reimbursement Agreements”). • FECR is neither a party to the Subrecipient Agreement nor a party to the Reimbursement Agreements and nothing in this letter shall incorporate FECR being a party to the Subrecipient Agreement or the Reimbursement Agreements. • Neither the Subrecipient Agreement nor the Reimbursement Agreements are attached or part of this letter. • FECR is not responsible for constructing the Project or for the Project Costs. In consideration of the foregoing, Licensee confirms the following: • The Crossings, as improved for the Project, shall continue to be governed by the Crossing Agreements between Licensee and FECR. Except for its share of the Project Costs pursuant to the Reimbursement Agreement between Brightline and the Licensee, the Licensee shall not be responsible for the Project Costs but shall be liable for any and all other costs due under the Crossing Agreements with respect to the Crossings as improved by the Project. • Brightline is an intended third-party beneficiary of the Crossing Agreements, with the right to enforce the terms and conditions thereof. • Except as expressly provided herein with regard to the planned Project improvements to the Crossings, the Project Costs and Brightline's beneficiary status, all of the terms, conditions, covenants, agreements, and understandings contained in the Crossing Agreements shall remain unchanged and in full force and effect, and the same are hereby expressly ratified and confirmed by the Licensee. This includes, without limitation, the Licensee's continuing obligations related to construction, maintenance, safety, future changes and upgrades to the Crossings and the reimbursement of costs, all of which would continue to be governed by the Crossing Agreements. If these terms are acceptable, please sign this letter in the space provided at the end of this signature page and return that signed document to us. To facilitate this process, it is agreed that this letter may be executed in counterparts, each of which will be deemed to be an original copy of this letter and all of which, when taken together, will be deemed to constitute one and the same agreement. It is also agreed that signed counterparts may be transmitted electronically (as an Adobe PDF file) or by facsimile, and that delivery in that way shall have the same force and effect as the delivery of original signatures. Also, this letter will be construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Please understand, however, that the terms of this letter and any offer presented herein will expire and shall be null and void on the date that is 120 days of the date hereof if it has not been executed and returned to us by then. Sincerely, Brightline Trains Florida LLC By: __________________________ Print Name: ____________________ Print Title: _____________________ Florida East Coast Railway L.L.C. By: _______________________________ Print Name: ____________________ Print Title: ______________________ AGREED, ACKNOWLEDGED AND CONFIRMED: City of Dania Beach By: ____________________________ Print Name: ____________________ Print Title: ______________________ Exhibit A Crossing Agreements Listing Location/City Mile Post Street Name DOT # Agreement Holder License Agreement Date Dania Beach 345+4288 NW 1st St 272573H CITY OF DANIA BEACH 2/23/2006