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Exhibit 2Page 44 of 55governmental powers. In addition, nothing in the Railroad-County Agreement, asamended, shall constitute or be deemed the approval of zoning by contract.12. The COMPANY shall comply with the requirements of the FRA and the FCC.13. This Amendment may be executed in counterparts, each of which shall bedeemed to be an original, but which together shall constitute one original Amendment.14. The COUNTY and the COMPANY hereby ratify and affirm in all respects theRailroad-County Agreement, as amended by this Amendment. Except as amendedherein, all terms and conditions of the Railroad-County Agreement remain in full forceand effect.15. The Railroad-County Agreement, as amended, shall be binding on and inure tothe benefit of the parties hereto and their respective successors and assigns. TheCOMPANY and the COUNTY do not intend to directly or substantially benefit a thirdparty. Therefore, the parties agree that there are no third party beneficiaries to Railroad-County Agreement, as amended, and that no third party shall be entitled to assert aright or claim against either of them based upon the Railroad-County Agreement, asamended.16. In the event of any conflict or ambiguity between this Amendment and theRailroad-County Agreement, the parties agree that this document shall control.17. Capitalized terms not otherwise defined herein shall have the meanings set forthin the Railroad-County Agreement.18. No modification, amendment or alteration in the terms or conditions contained inthe Railroad-County Agreement, as amended, shall be effective unless contained in awritten document and executed by the parties hereto.19. No failure on the part of any party to exercise, and no delay in exercising, and nocourse of dealing with respect to any right under the Railroad-County Agreement, asamended, shall operate as a waiver thereof, nor shall any single or partial exercise ofany right hereunder preclude any other or further exercise thereof or the exercise of anyother right or remedy provided at law or in equity.20. In the event of a dispute between the parties regarding this Amendment, theparties may seek mediation, using a mediator with knowledge and expertise in mattersrelated to the matter that is the subject of the disagreement.21. Notwithstanding anything to the contrary contained in this Amendment, nothingherein shall supersede any rights of the parties under the Easement Instrument.Page 10 of 12
Exhibit 2Page 45 of 55IN WITNESS WHEREOF, the parties hereto have made and executed thisFIRST AMENDMENT TO RAILROAD REIMBURSEMENT <strong>AGREEMENT</strong> GRADESEPARATION <strong>AGREEMENT</strong>: BROWARD COUNTY through its BOARD OF COUNTYCOMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized toexecute same by Board action on the _____ day of _________________, 2012, andFlorida East Coast Railway, L.L.C., signing by and through its__________________________________, duly authorized to execute same.COUNTYATTEST:_______________________________Broward County Administrator, asEx-officio Clerk of the Broward CountyBoard of County CommissionersBROWARD COUNTY, by and throughits Board of County CommissionersBy____________________________Mayor____ day of ______________, 2012Approved as to form byJoni Armstrong CoffeyBroward County AttorneyGovernmental Center, Suite 423115 South Andrews AvenueInsurance requirements Fort Lauderdale, Florida 33301approved by Broward County Telephone: (954) 357-7600Risk Management Division Telecopier: (954) 357-7641By___________________________ By__________________________Dawn Mehler Date: Christine C. Lee Date:Risk Insurance and Contracts Manager Senior Assistant County AttorneyCCL/First Amend RR Reim Agreement11/16/12#12-071-07Page 11 of 12
Page 1 and 2: Exhibit 2Page 1 of 55PERPETUAL AERI
Page 3 and 4: Exhibit 2Page 3 of 55(a)(b)(c)Zonin
Page 5: Exhibit 2Page 5 of 55(e) Title shal
Page 12 and 13: Exhibit 2Page 12 of 55EXHIBIT 1PERP
Page 15 and 16: Exhibit 2Page 15 of 55PERPETUAL AER
Page 18 and 19: Exhibit 2Page 18 of 55SCALE: 1" = 3
Page 20 and 21: Exhibit 2Page 20 of 55EXHIBIT "B"TE
Page 22 and 23: Exhibit 2Page 22 of 55shall impleme
Page 24 and 25: Exhibit 2Page 24 of 55EXHIBIT 3NO L
Page 26 and 27: Exhibit 2Page 26 of 55Law Offices o
Page 28 and 29: Old Republic National Title Insuran
Page 34 and 35: Exhibit 2Page 34 of 55EXHIBIT 5FIRS
Page 36 and 37: Exhibit 2Page 36 of 552. Any work b
Page 38 and 39: Exhibit 2Page 38 of 55reimburse COM
Page 40 and 41: Exhibit 2Page 40 of 55improvements
Page 42 and 43: Exhibit 2Page 42 of 55or other obje
Page 46 and 47: Exhibit 2Page 46 of 55FIRST AMENDME
Page 48 and 49: Exhibit 2Page 48 of 55Due to the un
Page 50 and 51: Exhibit 2Page 50 of 55The sidewalk,
Page 52 and 53: Exhibit 2Page 52 of 5517 If pre-emp
Page 54 and 55: Exhibit 2Page 54 of 55EXHIBIT 6MATT

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