Amendment to Aerial Railroad Bridge, Bridge Support and Drainage Easement, between All Aboard Florida Operations LLC and Brevard County, Florida, dated July 25, 2017

This Instrument Prepared By

And To Be Returned To:

R. Mason Blake, Esquire

DEAN MEAD

7380 Murrell Road, Suite 200

Viera, Florida 32940

(321) 259-8900

WHEREAS, the Grantor and Grantee entered into that certain Aerial Railroad Bridge, Bridge Support and Drainage Easement Agreement dated January 31, 2017 and recorded in Official Records Book 7809, Page 2494, of the Public Records of Brevard County, Florida (the “Easement Agreement”).

WHEREAS, the Grantor and Grantee desire to make certain amendments to the Easement Agreement.

NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable consideration paid and received, the receipt and sufficiency of which are hereby acknowledged, the Grantor and the Grantee agree as follows:

1.          Recitals. The above recitals are true and correct in all respects and are incorporated herein by reference as if set forth herein verbatim.

2.          Use. Section 7 is amended as follows:

(a)          Add an “(a)” before the first paragraph of Section 7.

(b)          Add the following paragraph after the first paragraph:

“(b)    Notwithstanding the easement rights granted hereunder, Grantor and Grantee agree that Grantor and its successors in interest and/or assigns shall, and are hereby authorized to, continue to operate, repair, widen and maintain Pine Street and other public infrastructure, such as drainage improvements, utilities and sidewalks and shall be entitled to make any reasonable use of the Easement Property in the future that is not inconsistent with Grantee’s use of such Easement Area and provided such use does not (a) interfere with Grantee’s ability to operate the rail service or maintain the Improvements, or (b) affect the structural integrity of the Improvements. In the event Grantor, its successors and/ or assigns intends to use any portion of the Easement Property in a manner that may impact the improvements operated by Grantee, Grantor shall submit to Grantee a written request describing such use in writing, together with detailed plans and specifications for any work to be performed in and around any portion of the Easement Property in connection therewith, for Grantee’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. In the event Grantee has neither approved nor denied, in writing, such request from Grantor within fifteen (15) business days after Grantee’s receipt of Grantor’s written request for such use of the Easement Property, then such use and associated work shall be deemed approved by Grantee.”

3.      Conflict. Except as herein specifically modified, revised, or amended, the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the Agreement and this Amendment, the terms of this Amendment shall control.

4.      Counterparts. This Amendment may be executed by the parties hereto individually or in combination or in one or more counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Grantor has caused this Amendment to be executed in  its name by the Chairperson of the Board of County Commissioners, as authorized by the Brevard County Board of County Commissioners, and the Grantee has caused this Amendment to be executed by its duly authorized representative, all as of the Effective Date.

 

Attested to by:

Scott Ellis, Clerk

My Commission Expires:_______________