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l. Each party shall have the right to u'se the railroad
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siding now existinq on the easements described herein~above •
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on an equal-time basis. - ~ ' _~ -- - ~ ~ -~: .. ~ . '
2. •I'he parties agree that they shal~ share the cost;~ ~ ~
of rr,ainter,ance of the existing railroad siding on bot~h of their •
• properties on a prorata basis as to use. Each party shall- '
keep a record of its usage on a tonnage basis and~interchange
this infor~r,ation at the end of each calendar year.
3. Use of the siding existing or hereafter to be con-
structed on the above-described easements by third parties
shall on1X 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 provision
shall not apply to first party's existing three contracts with -
I-95, St. Lucie County projects, two of which are with Capaletti-
Brothers and one with B.S.I,
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4.~ Either party ir.ay canstrLCt a paral lel . track= inc? udinq.~_:'; _
an overhead trap~unloading facility on the easements~8escribed_,- ~
a~ove and the other party shall have the option to ~hare in the
cost of cor.struction and like~ise ~share in the use of the track
and any revenues realized there~rom. In the event the party not
cor.structing the track shall choose not to exercise ~is r,Dtion
to share in the construction cests, the ~art}• constructing the
track shall have exclusive use thereof.
S. For a p~riod of tk•o (2) years from the ~ate hereof,
first party agrees that he shall not seek a permit to erect
an asphalt plant on its property described in sche3ule B-__
at~ached hereta, and further agrees that, in the e~•ent second
par~y st-,all construct an asphalt plarit on the prcr~erty descr::.ed ,
in sc :z4::le ~ in said *_:-~o-;-e~= i eri~d, it shall not thereafter
construct such a plant on the property described in schedule B
.~~'~ 351 ~:~E 13~5
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