HomeMy WebLinkAbout09451. Each party shall have the right to use the railroad
siding now existing on the easements described herein above
o,z an equal-time basis.
2. The parties agree that they shall share the cost
of maintenanc~ of the existing railroad siding on both of their
properties on a prorata basis as to use. Each party shall
keep a record of its usage on a tonnage basis and i~terchange
this information at the end of each calendar year.
3. Use o£ the siding existing or hereafter to be con-
structed on the above-described easements bv third DartiPs
shall only be with the mutual agreement of first and second
party and any revenue realized from such third party use shall
be shared equally by first and second parties. This pro~ision
shall not apply to first party's existing three contracts with
I-95, St. Lucie County pro~ects, two of which are with Capaletti
Brothers and one with B.S.I.
4. Either party may construct a parallel track including
an overhead trap unloading facility ~n the easements described
above and the other party shall have the option to share in the
cost of co~struction and li}:ev:ise share in the use of the track
and any revenues reali2ed therefrom. In the event the party not
constructing th~ track.sha21 choose ~ot to exercise his option
to share in the construction casts, the party constructing the
track shall ha~Te Exclusive use thereof.
5. For a period of two (2) years from the date h~reof,
first party agrees that he snall not seek a permit to erect
an aspnait piant ora its property describea in scheCUie B
attached hereto, and further agrees that, in the event second
~ party shall construct an asphalt plant on the property described
,
in schedule A ~n said two-year period, it shal? not thereafter
construct such a plant on the property described in schedule B
au xc~~J~ PA{1E V~4
~ RIGHARD E. GASTOR - ~T~vr.+~F• •T lAW -•11 SE~OhO AVENVI NO.. I~RC W6NiH lION~D• J7160 --HON[ ~ 1CS1 Sl1~ 6j~j
l
~
~
~