1 2 EXHIBIT 1 3 RESOLUTION NO. 2014 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE FEC RAILWAY CROSSING AGREEMENT BETWEEN FLORIDA EAST COAST RAILWAY, LLC., ALL ABOARD FLORIDA – OPERATION LLC AND THE CITY OF HALLANDALE BEACH IN SUBSTANTIALLY THE SAME FORM AS ATTACHED AND MADE A PART OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 6, 2013, the City Commission approved a resolution expressing support for efforts to establish rail on the FEC railway corridor; and 19 20 21 WHEREAS, All Aboard Florida (AAF) will be making certain upgrades at crossings in order to meet minimum standards to have passenger trains on the FEC; and 22 23 24 WHEREAS, the initial development improvements will be paid for by AAF and will be completed regardless of what happens with quiet zones; and 25 26 27 WHEREAS, the Metropolitan Planning Organization (MPO) has agreed to undertake the improvement of select crossings to create quiet zones; and 28 29 30 WHEREAS, the Mayor and City Commission have previously adopted a resolution of support for the application of the TIGER grant to improve all crossings to quiet zones; and 31 32 WHEREAS, the amendment to the agreement indicates that while AAF will be paying for 33 the initial development improvements, their doing so does not waive FEC’s rights to charge for 34 crossing improvements in the future; and 35 36 WHEREAS, pursuant to the existing agreements, the City will be liable for any and all 37 other costs due subsequent to AAF paying the initial development cost; it is anticipated that the 38 maintenance and/or replacement costs may increase the City Manager’s spending authority in 39 future budget years; and 1 IWO NO. 2014-214 (VLW) FILE NO. 14-256 RESO. NO. 2014 - 40 41 WHEREAS, the Mayor and City Commission of the City of Hallandale Beach deems it to 42 be in the best interest of the citizens and residents of the City, to accept the proposed 43 amendments to the crossing agreement, and authorize the City Manager to execute the 44 amendment in substantially the same form as attached to effectuate the project. 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA: 48 49 SECTION 1. City Manager Authorization. The Mayor and City Commission of the City 50 of Hallandale Beach authorizes the City Manager to execute an Amendment to the existing 51 railroad crossing agreement in substantially the same form as attached to effectuate the project. 52 53 54 SECTION 2. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. 55 56 APPROVED AND ADOPTED on this _____ day of September, 2014. 57 58 59 60 61 62 63 ____________________________ JOY F. COOPER MAYOR SPONSORED BY: CITY ADMINISTRATION 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 ATTEST: __________________________________ SHEENA JAMES, CMC CITY CLERK Approved as to legal sufficiency and form _________________________________ V. LYNN WHITFIELD CITY ATTORNEY 2 IWO NO. 2014-214 (VLW) FILE NO. 14-256 RESO. NO. 2014 -