EXHIBIT 10.29
FLORIDA DEPARTMENT OF TRANSPORTATION
LAWTON CHILES BEN C. WATTS
GOVERNOR SECRETARY
DISTRICT GENERAL COUNSEL
3400 W. COMMERICAL BLVD., FT. LAUDERDALE, FL 33309-3421
(954)777-4529-FACSIMILE (954)777-4528
June 20, 1997
Mr. Thomas E. Blayney
Vice President of Operations
First American Railways, Inc.
3700 North 29th Avenue, Suite 202
Hollywood, FL 33020
RE: Amendment to Operating Agreement-First American Railways,
Inc./Fun Train and Florida Department of Transportation
Dear Mr. Blayney:
Enclosed please find the two original copies of the Amendment to the above
Agreement.
We made some very minor changes to add clarification to the Amendment. Please
initial same and return one of the fully executed copies to my attention.
If this office can be of further assistance, please feel free to give me a call.
Very truly yours,
Karen A. Kameron
Senior Attorney, District IV
KAK/mfa
Encl.
cc: Joseph Yesbeck, Planning & Programs
Ray Holzweiss, Rail
Roger Bazin, Rail
AMENDMENT
TO
OPERATING AGREEMENT
BY AND BETWEEN
FIRST AMERICAN RAILWAYS, INC.
AND
FUN TRAINS, INC.
AND
FLORIDA DEPARTMENT OF TRANSPORTATION
This has reference to the Operating Agreement entered into by and
between First American Railways, Inc., Fun Trains, Inc., and Florida Department
of Transportation on January 6, 1997 (Agreement), whereby the Florida Department
of Transportation (FDOT) granted First American Railways, Inc. (FAR) the right
to access the South Florida Rail Corridor for the purpose of operating
entertainment trains known as the Florida Fun-Train and Space Coast Excursion
Train (FFT/SCET) between Mile Marker 1034 at Hialeah, Florida and Mile Marker
965 at West Palm Beach, Florida.
Among other things, FDOT acknowledged FAR's desire to operate the
above-described entertainment trains over FDOT rail lines, including sidings,
passing tracks and spur lines and confirmed FDOT's intent to provide FAR with
access to and use of the Broward Boulevard Station or other station(s) agreed
upon by the parties.
In consideration of the foregoing, FAR, FTI and FDOT agree to amend the
Agreement to provide FAR with access to and use of FDOT's spur line at the
Sheridan Street Station extending from SX 1018.55 to 1018.18 (Spur) for the
purpose of loading and unloading passengers and supplies in connection with
operation of FFT/SCET pursuant to the terms and conditions prescribed in the
Agreement.
In order to permit FAR's use of and access to the Spur which has been
out of service for a number of years, FAR agrees to make improvements at its
sole expense* that are necessary to render the Spur operable for the purposes
intended. The improvements shall become the property of FDOT upon expiration of
the Agreement and shall include the following:
1. Replacement of ties.
2. Resurfacing and tamping.
3. Alignment of rails.
4. Grading, landscaping and any necessary drainage improvements.
5. Construction of protective fence and access gate.
6. Maintenance for the duration of the Agreement.
The terms, conditions and compensation relative to FAR's use of the
Sheridan St. Station, Hialeah yard and parking facilities shall be subject to
separate agreements as permitted by law.
*including but not limited to, payment of any and all labor protection payments
or benefits.
It is understood between FAR and FDOT that access to and use of the
Spur shall be on a non-exclusive basis, but shall provide FAR with access to the
Spur consistent with that required to operate FFT/SCET as contemplated under
terms and conditions of the Agreement.
This Agreement shall be incorporated into and made a part of the
Agreement which shall be applicable in all respects to FAR's access to and use
of the Spur.
Dated this 6TH day of June, 1997.
FIRST AMERICAN RAILWAYS, INC.
By:/S/ THOMAS E. BLAYNEY
------------------------------
Thomas E. Blayney
FUN TRAINS, INC.
By:/S/ THOMAS E. BLAYNEY
------------------------------
Thomas E. Blayner
FLORIDA DEPARTMENT OF TRANSPORTATION
By:
------------------------------
/S/ KAREN KAMERON
------------------------------
Karen Kameron