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Home My WebLink AboutR-2026-099 Adding Brightline to Existing ILA with FECR for RR Crossing EnhancementsRESOLUTION NO. 2026-099 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RETROACTIVE APPROVAL BACK TO JULY 1, 2026, BY THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BRIGHTLINE, FLORIDA EAST COAST RAILWAY (“FECR”) AND THE CITY, THAT REFERENCES THE UNDERLYING INTERLOCAL AGREEMENT WITH FECR FOR ENHANCEMENTS TO RAIL CROSSINGS AS PART OF THE BROWARD COUNTY SEALED CORRIDOR PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Interlocal Agreement (ILA) is entered into pursuant to Section 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969," and other applicable Florida law; and WHEREAS, on December 10, 2024, the City Commission adopted Resolution No. 2024- 171, which ensured that certain enhanced safety features are placed along the Florida East Coast Railway (FECR); and WHEREAS, 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 20 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; and WHEREAS, the initial development and construction of the Project is 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”); and WHEREAS, Licensee, Brightline, is a Participant of the Project and wishes to include the Crossings in the Project; and WHEREAS, under this agreement, 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 FECR 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. For avoidance of doubt, the Licensee will be responsible for 100% of all maintenance (track and signal) performed by FEC in the future at the listed crossings below; and WHEREAS, the Public Services Department recommends approval to enter into this Agreement, which Agreement is attached and incorporated into this Resolution as Exhibit *A", to ensure the enhanced safety and efficiency of the rail crossings within the City limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the proper City officials are authorized to retroactively execute the Interlocal Agreement, attached and incorporated as Exhibit “A”. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the grant which are deemed necessary and proper and is in the best interest of the City and to execute extension that do not materially alter costs or scope of the agreement modification. 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 July 7,2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. 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 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTIS CITY ATTORNEY 7150 Philips Highway, Jacksonville, FL 32256 Page 1 of 4 July 1, 2026 Candido Sosa-Cruz, ICMA-CM City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 RE: Agreement among 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 Mr. Sosa-Cruz: 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 20 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. • FECR shall construct the Project and shall be reimbursed for the Project Costs pursuant to the Subrecipient Agreement between FECR 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”). 7150 Philips Highway, Jacksonville, FL 32256 Page 2 of 4 • Brightline is neither a party to the Subrecipient Agreement nor a party to the Reimbursement Agreements and nothing in this letter shall incorporate Brightline 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. • Brightline is not responsible for constructing the Project or for the Project Costs or any maintenance costs going forward for the listed crossings below. • FECR is not responsible for any maintenance costs going forward for the listed crossings below. 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 FECR 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. For avoidance of doubt, the Licensee will be responsible for 100% of all maintenance (track and signal) performed by FEC in the future at the listed crossings below. • 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 FECR and Brightline. 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 and 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 FECR and Brightline by then. ACCEPTANCE SIGNATURES ON THE FOLLOWING PAGE 7150 Philips Highway, Jacksonville, FL 32256 Page 3 of 4 Florida East Coast Railway L.L.C. Brightline Trains Florida LLC By: By: Print Name: Print Name: Print Title: Print Title: AGREED, ACKNOWLEDGED AND CONFIRMED: City of Dania Beach By: Print Name: Candido Sosa-Cruz, ICMA-CM Print Title: City Manager 7150 Philips Highway, Jacksonville, FL 32256 Page 4 of 4 Exhibit A Crossing Agreements Listing Location/City Mile Post Street Name DOT # Agreement Holder Agreement Dania Beach 345+4288 NW 1st St 272573H CITY OF DANIA