Free Statement - District Court of Arizona - Arizona

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CONTRACT FOR INDUSTRY TRACK
rms Acannvrnnr, made as or me ism day or october, 1991, between THE ATCHISON
TOPEKA AND SANTA FE RAILWAY COMPANY a Delaware corpqtggcg, ¤fi•·’·F
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referred to as "Santa Fe", and CHEMSTAR LIl\·iE COMPANY, a &la~v&re eo ration,
hereinafter, whether one or more persons, corporations, or other entities, referred to as
"lndustry".
Q E C Z T A L §:
industry has requested Santa Pe to operate a track or track extension, as the case may bc, about 11,242.8 feet
in length, hereinafter in its entirety referred to as ”Thc Track" at or near the Station of Nelson, County of
ttsvapai. State of Arizona, to serve a lime and cement facility (hereinafter called "Plant") t° bc °P*{m“’d bY
industry. That portion of The Track, about 2,237.5 feet in length, which shall belong to Santa Fe, is shown
by bold line, and that portion of The Track which shall belong to the Inrlusu·y, is shown by imc UP°¤
=i·.e print of Drawing No. 5-01272, dated September 24, 1991, hereto attached, marked "Exlubit A and made
at pan hereof, and said bold and bold hatched line portions are hereinafter for c0nv¤ni¤¤¢¤ *`·°Pamt°1Y mfmw
tc as "Bold Track" and "Hatched Track", respectively.
i`2zcz·e2`ore, in consideration of the mutual covenants of the parties herein contained, Santa Fe and lndustry
agree upon me following terms and conditions.
;;_QR EEMENT:
ARTICLE I
Q. industry shall and hereby does grant to Santa Fe for the term of this Agreement, free of cost, a right
of way, of such widths as are indicated on Exhibit A, or if Exhibit A does not indicate the width, such
Hgh! of way shall be eight and one-half (8-1/2) feet on each side of the centerline ¥h€Y¤f>f» Fvr that
portion, if any, of Hatched Track which is located on property belonging to lndustry, with the right to
operate Hatched Track thereon. Where any part of The Track will lie on a public SFCCI, alley or other
thoroughfare, or upon property owned by third persons, corporations or other en¤¤¤$» Industry shall
secure to Santa Fe by ordinance or giant, as the case may be, in form satisfa¢¥0FY *0 Same F6 S
Counsel, and without cost to Santa Fe, the right, but not the obligation, to constmch mammm end
operate The Track thereon, together with the right to remove the same; in the case of 2 E"¤m= me nght
of way shall be of such widths as shown on "Exhibit A", or if not shown, such right 0f WW Shall bc
eight and one-half (8-1/2) feet on each side of the centerline of The Track.
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ARTICLE HI
. _ The dale to the Bold Track and to all property fumished in the maintenance thereof shall be in Santa Fe.
The ode ro the Hatched Track and no all property furnished in thc maintenance thereof shall be in the
lndustry. Sansa Fe shall have the right no use the Bold Track for other than the express purpose of
serving the Plant.
ga) lf me lndustry fails to utilize rail service to or from its Plant for a period of eight months in any
period of twelve months or refuses to comply with or carry out any of the covenants or
agreements herein contained, Santa Fe may, at its option, expressed in writing, terminate this
Agreement on written notice to Industry, effective immediately. With the exception of Lhe notice
requirement, the provisions of Section 3, Article HI shall apply to such termination.
io) No termination shall release Industry from any liability or obligation under this Agreement,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior
xo me dare of termination.
’ Unless earlier terminated as herein provided, this Agreement shall be in force for the term of ONE
MONTH from irs date and thereaiicr until terminated by either party giving to the other thirty (30)
days’ written notice of irs desire to terminate the same. Upon such or any other termination, Santa Fe
shall pay ro Indusrry the salvage value of the materials, less cost of removal, in such portion of me
Bold Track as shall have been paid for by Industry or its predecessors on other than a refund basis, such
salvage to be based on value at the date of termination, or the amount originally paid Santa Fe for such
materials by Industry, whichever is less, and Santa Fe shall have the right to remove the Bold Track
and every pan thereof. This Agreement shall also terminate forthwith in the event Santa Fe shall be
dispossessed of the right to operate over any privately owned track of which The Track or any pan
aheroof is an extension.
~. All notices to be given hereunder shall be given in writing, by depositing same in the United States mail
duly registered or certified, with postage prepaid, and addressed to Santa Fe or Industry, as the case
may be, at the address shown on the signature page hereof or addressed to such other address as rhe
parties hereto may from time to time designate.
f . In the event that Industry embraces two or more persons, corporations or entities, all the covenants and
agreements of Industry herein shall be the joint and several covenants and agreements of such persons,
corporations or entities.
5. All the covenants and provisions of this Agreement shall be binding upon the successors, heirs, legal
representatives and assigns of Industry to the same extent and effect as the same are binding upon
industry, and each and every covenant herein shall inure in favor of and run to the successors and
assigns of Sama Fe and to each and every person, Erm or corporation which may hermfter own or be
in possession of or operate the railroad of Santa Fe to the same extent and as fully as though such
person, firm or corporation were specifically named in this Agreement in the place and stead of
Santa Fe; provided, however, no assignment hereof by Irxdustry, its successors, heirs, legal
represenrauves or assigns, or any subsequent assignee, shall be binding upon Santa Fe without Lhe
written consent of Santa Fe in each instance.
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Case 2:04-cv-00619-RCB

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Case 2:04-cv-00619-RCB

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