CN-550000-ASK41-00010000.pdf

AMENDMENT ONE

TO THE

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

MASTER RAILROAD MAINTENANCE REIMBURSEMENT AGREEMENT

SHARED MAINTENANCE OF TRAFFIC CONTROL DEVICES

This Amendment to the Master Railroad Maintenance Reimbursement Agreement Shared Maintenance of Traffic Control Devices (the “Amendment”) is made and entered into on this day of day of September 2022, by and between the State of Florida, Department of Transportation, (the "Department”) and Seminole Gulf Railway, LP, a Delaware Limited Partnership (the “Company”) (collectively, the “Parties”).

WHEREAS, on December 10, 2020, the Parties entered into a Master Railroad

Maintenance Reimbursement Agreement Shared Maintenance of Traffic Control Devices

(the “Agreement”) to govern the reimbursement and maintenance requirements applicable to certain active railroad grade crossing warning devices for a time period beginning on July 1, 2021, and ending on the date all required services are completed or on June 30, 2026, whichever occurs first.

WHEREAS, the active railroad grade crossing warning devices to which the terms of the Agreement apply are set forth in Exhibit A of the Agreement, which is incorporated into and made part of the Agreement.

WHEREAS, in accordance with section 9 of the Agreement, the Parties wish to add two active railroad grade crossing warning devices [SR 739 / Old Metro Parkway, CrossingID#621493E and SR 739 / Hanson Street, Crossing ID#623296X] (collectively, the “Devices”) to the railroad crossing warning devices listed in Exhibit A to the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows:

1. Exhibit A of the Agreement is hereby deleted and replaced with the Exhibit A attached to this Amendment and incorporated and made a part hereof.

2. The Department shall reimburse the work performed on the Devices by the

Company for the 2022 fiscal year in the 2023 fiscal year, at the reimbursement rate set forth in Exhibit A. Work performed on the Devices beginning on July 1, 2022, shall be

Financial Project Number(s):

(item-segment-phase-sequence) Fund: DPTO FLAIR Category: 088808

193533-1-82-14 Function: 306 Object Code: 242059

Federal Number: Org. Code: 55303000929

Contract Number: ASK41 DUNS Number: Vendor No.: F042982893-001

CFDA Number: Agency DUNS No.

CFDA Title:

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29th reimbursed in accordance with the schedule and reimbursement rate set forth in Exhibit A.

3. Except as modified, amended, or changed by this Amendment, all the terms and conditions of the Agreement and any amendments thereto remain in full force and effect.

IN WITNESS WHEREOF, the parties to this Agreement have executed this Amendment effective the day and year written above.

COMPANY

Seminole Gulf Railway, LP, a Delaware Limited Partnership

By:_________________________________________

Name:______________________________________

Title:_______________________________________

Date:_______________________________________

DEPARTMENT

State of Florida, Department of Transportation

By:_________________________________________

Name:______________________________________

Title:________________________________________

Date:_______________________________________

Legal Review:

DocuSign Envelope ID: 6433A6A6-FEC4-4600-9537-53592E105A65

9/23/2022 | 9:25 AM EDT

Controller

Joseph C. Macri

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9/29/2022 | 12:33 PM EDT

Assistant Secretary, Strategic Development

Brad Thoburn

EXHIBIT "A"

FLORIDA DEPARTMENT OF TRANSPORTATION ANNUAL SIGNAL MAINTENANCE COMMITMENTS TO THE

SEMINOLE GULF RAILWAY, LP

FDOT FINANCIAL PROJECT NUMBER: 193533-1-82-14

VENDOR NUMBER: F042982893-001

Maintenance by the R/R in Fiscal Years 2022 through 2026 (from July 1 until June 30) and paid for in arears by the State

This is a five-year contract with work to be performed by the Railroad each preceding year and reimbursed annually by the State each following year

Future Funds Encumbrance for Fiscal Years 2023, 2024, 2025, 2026 & 2027

The Department agrees to maximum participation, including contingencies in the project in the amount of $174,662.50 Funds are programmed in the Department's

Work Program in the following fiscal years:

Work Performed in FY 2022 and paid for in FY 2023 = $34,932.50

Work Performed in FY 2023 and paid for in FY 2024 = $34,932.50

Work Performed in FY 2024 and paid for in FY 2025 = $34.932.50

Work Performed in FY 2025 and paid for in FY 2026 = $34,932.50

Work Performed in FY 2026 and paid for in FY 2027 = $34,932.50

Five-Year Contract Total = $174,662.50

State Road Number or Street Name and Location Crossing Number Railroad Milepost Class Signal FDOT Percent Share FDOT Dollar Share

SR 78/Bayshore Dr., Fort Myers 623256A AX 958.06 3 100% $3,934.00

SR 865/Six Mile Cypress, Fort Myers 626472D AX 973.09 3 100% $3,934.00

SR 865/Six Mile Cypress, Fort Myers 626472D AX 973.09 * 100% $1,493.50

SR 80/ Palm Beach Blvd., Fort Myers 623265Y AX 963.04 3 50% $1,967.00

SR 82/MLK Boulevard, Fort Myers 623275E AX 964.45 3 100% $3,934.00

SR 739/Evans Avenue, Fort Myers 926857X AX 964.65 3 100% $3,934.00

SR 70, Oak St., Arcadia 624093W SVC 884.04 3 50% $1,967.00

SR 70/53rd Avenue East, Bradenton 624690D SW 875.81 3 50% $1,967.00

SR 884/Colonial Boulevard, Ft. Myers 626401G AX 968.32 3 50% $1,967.00

SR 683/US 301/N. Washington Blvd., Sarasota 624667J AZA 925.70 3 50% $1,967.00

SR 683/US 301/N. Washington Blvd., Sarasota 624672F AZA 927.8 3 50% $1,967.00

SR 739/Fowler Street, Fort Myers

623277T AX 964.45 3 50% $1,967.00

SR 739 / Old Metro Parkway 621493E AX 967.01 3 50% $1,967.00

SR 739 / Hanson Street 623296X AX 966.57 3 50% $1,967.00

Annual Total $34,932.50

5-Year Total $174,662.50

*Property Lease

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