TAMPA & GULF COAST RAILROAD
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.... .u..1 ........1;....~.lna to the Janles hereto, it 1'.
o.....nt... u4 .,n.t ..,......t...n tJlem 88 follows:
1.' !At 1&11.., Will ._1lrl1ot ,. entlre track I1poa the te....
.4 0..41\:1._ _r81D&ttft at...d.
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nth .. &a11..,~6.U,. Qe ..tl_te4 Deat of all _1;er1al.,
..,pl1.. an4 1......o.88Ul' to >>roper17 co..tr..ot all tAd por-
llo. f1l .. 11&14 ....._.tw..n the .1...... 'oW (to ,. "'a-
ast.A la, ,ta._.l1w.,' .4 *,->_4 of Ai. track. or 1 f tll.' .1_1'-
Nl08 P....... bei'''' tile &ailwaJ". ript e:rwa7. then fro. t1\.
11ae ot ''If.~~' .t.,~th8 e.4i1 ai4 tractk. ShoQ14.,,8
..,_1......,...1+..,.~...4 ..., the Sh1pper.!!.....,
a'..,...iaa I'....r..:.:;'~~,....' of tu,.etllal ....,."...t"1.,.l.. ,
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~."A.J..N'..' "~f..li~."'.~:f'r"'-"J:..jt.." _<<:... ..:I~..~i.'.....r~;~::l!';~
and if the amWlt de}Joslted exceeds Su.c:f1 actual cost, the Railwa,y
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'he &lUpte!' .111 p~~, 11&7'.- inereaeed .":'$0 the i.al1_7'
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a. Ope.. _t ._>>letlon of ,h.. 881d track 1ik. RalJ1j.. will
0_ all'._ Pd' 'hereo' OIl It.ri,ht ofwq'M1i...1l tll. ...its
'o~ .... th. ol..r.... JH~~.'Iu.tl. to tile 1ir..k -t.rlal Ul ..
t. ;porUOD .f ~_ 'r.__ 8&14 ript of wQ 'e'OIlt ..1el ol.ar-
.... point, ud w,..rrW......,aad al10h rlg11t of way, to .....t
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ponloa et '....l..tr.ct .... It. rip" Of .., _"-en .witch
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6. i_hi>>." wl11. at 1111 80le _at, _la,at. 1. rea- ,
.....13 ..t. ..ta.. .. ..Uda.t.J7 to t1a. .ia11..,. aU that
portlQll 01 ... -1. '....k ..,.... -.14 .1....... Jola, au the
.....f .14 trMt.N' it tile .l..ra... :Jol.' .. 1t.,..1 the Rail-
.q'. rllhttt ...,:__ t~.~f~ 11.. ~..larl..t.:t wa" to
~ ..... of .at. tJiRt. 11 *_ IlUpper ,"1 .. te.1.ata1n aa14
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there...r. fM Bal11r., ...... If J.' . .t.... .......a1Jl the aait
......1.. IN ..._~~:i..,_i: *..~;'l;,... 1M' 1:dtft WIll. ....
.' proper.illa ren4er.a ther.for. immedlate17 pay the RailwBY the
80n ill..:r.r... In 811*.1.t _....
6.. Ill.a.b.i,.. Wj1~..__ ~ ..t1l,.... .f tJUa agree-
_at. .)lip.. .... -:"..1".1 OTR the 11a... ....... o,eretea
.r GoatroUet -,... .~,. .... .,s.at.lle 118.. of _....cenus-
"10.... ., ,. .............. '7 tile .Rail..,.. all fr.lpt ahl.pJ84
1'1-0. or t,o tIle,l.' ., ... ShIpper 8eft'lt4 '7 tIl. aai41 traot. ,.
../or fn. pol.fa ft._.' tUoqh OZ 'fJ.. ea1.4 11M., prOTlde4
the rat.. of truapon.tioa tbel'.:tor a1". &8 r.aaca..l. as tho..
ebarg.d' 'b7 e.,.'lq 11M. OR tJ1e .a. traffia.
.,.. a. .aU.,., ... ~. 8.1...1' ....rall, "1".. to ,ortera
..... be 1)0IUI4 'Dt ,",.tIt_... altpll.ltl. to .oh. reep.oily.1,.
..tall..1 1.'.0 lal1.w.,'. 8trAlfJWm SD8 fUCA: COVE.AftS. her.to
~ttaeh.4 aa a part fir tlll. agr...nt, wita the ez..ptlol1 of
art! 01. -Bit., wlltoa 1..,.1'.-,. .$;r.l, .k.~' " ,,'!~tr _. I". am_l
eroa. r.... haul r...... ,will '" .~~ .
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FORM 4281
Rev. 7-1-24
(The term "Shipper" and all terms used herein with reference
thereto refer jointly and severally to the party or parties of the second
part in this agreement, and shall be construed as embracing such
number and gender as the character of such party or parties may
require. The word "track" means the track or tracks to be operated
under this agreement.)
A. The Railway will operate the entire track on the terms and
conditions herein stated. The Shipper agrees that,ll the construc-
tion, operation and any maintenance by the Railway provided for in
this agreement of that part of the track located beyond the right of
way of the Railway and on land of the Shipper, the Railway, its agents
and servants, will have the right to enter on and use so much of the
Shipper's land as may reasonably be necessary. If the track be con-
structed on a public street, highway, public land or land not owned
by the Shipper, the Shipper will, at his sole cost, obtain for the Rail-
way, its agents and servants, like right of entry and user as is herein
granted by the Shipper with respect to land owned by him.
B. In the construction, operation, repair, alteration or main-
tenance of the track, the right of way therefor, or of any building,
structure~ equipment or work of whatsoever nature connected in any
manner therewith, the Shipper hereby assumes all risk of, and lia-
bility for, loss or damage of or to any person or any property, caused
directly or indirectly, or contributed to, by the acts, defaults or negli-
gence of the Shipper, or any agent, employee or representative in the
service or under the control of the Shipper. The Shipper will further
indemnify and save harmless the Railway from all loss, damage and
expense growing in any manner out of such acts, defaults or negligence.
C. Inasmuch as the Shipper desires and has requested the con-
struction and operation of the track for his convenience, notwithstand-
ing the proximity of tracks and engines to his property, and notwith-
standing the operation of trains in the vicinity and the risk of fire on
account thereof, the Shipper assumes the duty of keeping the right
of way of the track and the property adjacent thereto clean and clear
of combustibles or inflammable material, except the combustible con-
tents of cars in the possession of the Shipper on the track, and assumes
all risk of loss of or damage to his property, or to property of others
in his possession or under his control, situate on or in the vicinity of
the track, when such damage is occasioned by fire set out by the
engines or other machinery of, or fire in any manner caused by, the
Railway when such fire occurs in connection with the operation of
thetrac~ and hereby releases and discharges the Railway from all
liability [or any such loss or dama~. The Shipper will further in-
demnify and save harmless the RaIlway from all loss, cost and ex-
pense resulting from loss of or damage to property of others in the
care or custody of the Shipper or stored by or with the Shipper's
consent on or near the track, resulting from fire occasioned as afore-
said. The Railway hereby stipulates for this protection as a condi-
tion of its agreement to furnish services and facilities to the Shipper
elsewhere than at a regular station.
D. The Shipper assumes all responsibility and liability for any
injury or damage to the Shipper, his agents and servants, whether to
person or property, howsoever caused or occasioned, when resulting
directly or indirectly from, or growing in any manner out of, the pres-
ence of such person or property on or near the right of way of the
Railway, engaged, used or for use, in and about, or the presence of
such person or property on or near said right of way in connection withl
the maintenance by the Shipper of the portion of the track on said
right of war which the Shieper is obligated to maintain. And the
Shipper wil further indemnify and save harmless the Railway from
all loss and expense arising from such injury or damage.
F. The parties contemplate that the business delivered to the
Railway by the Shipper or other industries located, or to be located,
on the track will yield to the Railway not less than the annual gross
road haul revenue specified in this agreement, and the Shipper agrees
should the revenue so derived by the Railway be less than said amount
in anyone year, then, for each and every such year, the Shipper, on
demand, will pay the Railway the cost incurred by it in the main-
tenance of the Railway's portion of the track, and in addition thereto
six per cent. of the value of all materials, supplies and labor furnished
by the Railway in the construction or betterment of its portion of
the track; or the Railway may, if it so electsJ cancel this agreement
as for a breach of covenant as hereinafter set torth.
G. The Railway may use the track for the purpose of serving
business and industries other than the Shipp3r and/ or for other rail-
road purposes, but such use shall be made in such manner and at such
times as not to unnecessarily and unreasonably interfere with the
handling of freight and business of the Shipper thereover. The Rail-
way may likewise, for the purposes in this article specified, extend
the track or construct tracks branching therefrom.
H. The Shipper shall not erect, nor permit to be erected, any
building or structure, nor permit any material to be placed, within
seven feet of the center line of the track, nor permit any structure to
be erected over the track with less clearance than twenty-two feet
over top of rail. All structures erected over the track shall ba uuilt
and maintained in a manner satisfactory to the Railway.
1. The Railway may cancel this agreement on thirty days notice
in writing to the Shipper should the latter default in any of the pro-
visions hereof; but unless so cancelled, or op~r:J.tiol1 of the track be
discontinued as provided herein, this a'~r3em'~nt shall remain in force
so long as the Railway, or its SU~;:J,B;jr3 and assigns, and the Shipper
or his successors, assigns, hJira and parson:,l representatives, shall
both operate their respective businasses at the location of the track.
J. On the expiration or termination of this agreement the Rail-
way will have the option within ninety days to purchase, at the then
fair value thereof, all or any part of the track material owned by the
Shipper in the track. If the parties can not agree on the prieeJ;obe
paid therefor, such price will be determined by three arbitrators, one
selected by each party and the third by the two thus chosen, the cost
incident to such arbitration to be divided equally between the parties.
If the Railway exercises said option, and desires thereafter to use
that part of the track lying beyond its right of way, or any portion
thereof, to reach or accomodate any other industry or business the
Railway shall have, and the Shipper hereby grants to it, the right to
use the land on which the track is laid, beyond the Railway's right
of way on condition that for such use the Railway shall pay to the
Shipper as annual rental six per cent. of the value of the land so used.
If the Railway does not exercise said option, then the Shipper may,
at his sole cost, take up and remove the track material owned by him
on said right of way, the Railway, however, reserving the right, if
it so elects, to remove and deliver it to the Shipper, but at the sole
cost of the latter.
K. 'The Shipper will on bills rendered reimburse the Railway
for all present or future expense of street or other public improvements
or maintenance, or safety work or devices, imposed on the Railway by
local assessments or in any other manner by lawful authority, due to
the construction, ownership, presence, operation or maintenance of
the track on or adjacent to any public highway.
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