The Florida East Coast Railway (hereinafter “FECR”) operates a rail corridor located within the boundaries of the City of Riviera Beach (hereinafter “City”).  The City roadway known as West 13^th Street (FKA Flagler Avenue) crosses the aforementioned railway immediately east of President Barack Obama Highway.  FECR had previously entered into a license agreement with the City associated with West 13^th Street on November 5, 2003 by Resolution No. 244-03.  All Aboard Florida – Operations, LLC, (hereinafter “AAF”) is developing an intercity passenger rail service from Miami to Orlando, to be located within FECR’s railway right-of-way (hereinafter “Project”), and FECR intends to allow AAF to utilize its rail corridor for this Project.

In order to accommodate the Project, it is necessary for AAF to install a second rail track which requires improvement, alteration and construction to the existing West 13^th Street rail crossing.  AAF has agreed to incur all costs related to the crossing improvements to the extent required for the Project to ensure safety and to commence passenger rail service.  The Agreement, attached hereto as “Exhibit 1”, has been reviewed for legal sufficiency.