This Instrument Prepared By And To Be Returned To:
Exhibit 10.67
This Instrument Prepared By
And To Be Returned To:
X. Xxxxx Xxxxx, Esquire
XXXX XXXX
0000 Xxxxxxx Xxxx, Xxxxx 000
Xxxxx, Xxxxxxx 00000
(000) 000-0000
THIS AMENDMENT TO AERIAL RAILROAD BRIDGE, BRIDGE SUPPORT AND DRAINAGE EASEMENT AGREEMENT (hereinafter
referred to as this “Amendment”) is made and entered as of this 25 day of July, 2017 (the “Effective Date”) by and between BREVARD COUNTY, FLORIDA, a political subdivision of the
State of Florida, whose address is 2725 Judge Xxxx Xxxxxxxx Xxx, Xxxx. X, Xxxxx Xxxxxxx 00000 (hereinafter referred to as the “Grantor”), and ALL ABOARD FLORIDA – OPERATIONS, LLC, a Delaware limited liability company, whose address is 0000 XxXxxxx
Xxxx, 0xx Xxxxx, Xxxxx Xxxxxx, Xxxxxxx 00000 (hereinafter referred to as the “Grantee”).
RECITALS
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.
[REMAINDER INTENTIONALLY LEFT BLANK]
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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.
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GRANTOR:
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Signed, sealed and delivered in the presence of:
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BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida
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| /s/ Xxxxxxxx X. Xxxxxx |
By:
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/s/ Xxxx Xxxxx | |||
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Print Name:
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Xxxxxxxx X. Xxxxxx | Name: |
XXXX XXXXX
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| Title: |
CHAIRMAN
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| /s/ Xxxxx Xxxx | |||||
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Print Name:
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Xxxxx Xxxx |
ATTEST:
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| [ILLEGIBLE] | |||||
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STATE OF FLORIDA
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| /s/ XXXXX XXXXX CLERK | ||
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COUNTY OF BREVARD
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XXXXX XXXXX, CLERK
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The foregoing instrument was acknowledged before me this 25 day of July 2017, by Xxxx Xxxxx, as Chairman, of BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of Brevard County. Said person is (check one) ☒personally known to me, ☐produced a driver’s
license (issued by a state of the United States within the last five (5) years) as identification, or □ produced other identification, to wit:___________________________________.
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XXXXXXX X. XXXXXX
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| NOTARY PUBLIC |
Notary Public - State of Florida
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/s/ Xxxxxxx X. Xxxxxx
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Commission # FF 997773
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Print Name:
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| STATE OF FLORIDA |
My Comm. Expires Jun 10, 0000
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Xxxxxx Xxxxxx, Xxxxx xx Xxxxxxx
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Bonded through National Notary Assn.
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Commission No.:
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My Commission Expires:
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June 10, 2020 |
Attested to by:
Xxxxx Xxxxx, Clerk
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| ALL ABOARD FLORIDA – OPERATIONS, LLC, a Delaware limited liability company | |||||
| /s/ Xxxxxxxx Xxxxx |
By:
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/s/ Xxxxxxx O.P. Xxxx | |||
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Print Name:
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Xxxxxxxx Xxxxx | Name: |
Xxxxxxx O.P. Xxxx
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| Title: |
Vice President
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| /s/ Xxxxxxxx Xxxxxxx | |||||
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Print Name:
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Xxxxxxxx Xxxxxxx | ||||
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STATE OF FLORIDA
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COUNTY OF MIAMI-DADE
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The foregoing instrument was acknowledged before me this 2 day of
March,
2017, by Xxxxxxx O.P. Xxxx as Vice President, of ALL ABOARD FLORIDA – OPERATIONS, LLC, a Delaware limited liability company, on behalf of the company. Said person is (check
one) ☑personally known to me, □ produced a driver’s license (issued by a state of the United States within the last five (5) years) as identification, or □ produced other identification, to wit:_____________________________
| NOTARY PUBLIC |
XXXXXX XXX XXXXXXX
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/s/ XxXXXX XXX XXXXXXX
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Commission # FF 966539
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Print Name:
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| STATE OF FLORIDA |
Expires March 1, 2020
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Notary Public, State of Florida
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Bonded Thru Xxxx Xxxx Insurance 800-385-7019
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Commission No.:
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My Commission Expires:_______________
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