HomeMy WebLinkAbout81- Railroad Company
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_~~::.; _ EX":Et'.SI()N_OF_L-"~^:SE-.:"O ~8_81_ L
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, Made this 18th R da~of OGIL"IENovelmbcff 1I e A.Df 1981 .' by and between
lb.. 0 B, v, IIU" ~e U I~ plUfJ rty 0 .
CHICAGO, MILWA~Rl: ", ST. PAUL ..nd PACIFIC RAILROAD COMPANY, Debtor, I
here inafter called the "Rail wad c: ompany." and
CITY OF BOZEMN
of P.O. Box 640, Bozeman, Montana 59715 , hereinafter called the "Lessee ,"
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WITNESSETH:- I
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WHEREAS the Railroad Company, or its predecessors, heretofore on the 16th day i
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of _____~_~yember, 1976 , entered into a certain indenture of Lease bearing No. 80881 , Ii
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:1 whereby, it leased, demised and let unto said Lessee I
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Ii. certain of its property at the Station of Bozeman, Montana . to be used as a site for a II.
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it public park - - - Ii
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il WHEREAS said indenture of lease was drawn for a term ending December 31, 1981 i
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I WHEREAS the parties hereto mutually desire ro extend the term of said indenture of lease for a pe-
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I riod of ONE (1) year_ from and after the 1st day of Januarv, 1982
No\r, THEREFORE in consider.Hioll of the t'remises and of the mutu;11 Cl'venams and agrl'::ments
I: of the p<lftlCs lincto, it'is hncby ,'pl'c,l as f,.II\>,,:s: . I:
, 1. That said indenture of leu<;eis hereby extended for a term of ONE vear_ fr')m the 1st [I
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day of Januar'v, 1982, at a rental of 8200 per annum. Ii
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ThiS a,~recme~t is binding on Richard 0 O"ilvie, not i
as an IiIGlVltJuJI, but scl';i-; In 1115 upa,:I:Y as lru,1ce i
! , I , c " -, '""" .,.+no.+l-tmr-a.H-!"'''''~-'''''''''''~~'''\''~''''f'''''''i".j-'''9'''''S''''';'~ Ilt....\<;>O"'i'<'.........".,rn:-,i.... - I
gally levied or assessed against s~iiJ pr<:mL\~" x CnSIUn t 1(~reof;, ~l.fhj in case of .<.;{"'<.:_ i r
',,1 r] u...~N~~:=-.:.::;f~~..m....nr..::\ l.h<{ ,llH~1,."d i..i~g,J;:;.L~W......rf.,...~.I.I.j I~')f ":'I"R .,[ ..'~Rl~..'t!r-
~, NotwilhstanJini' the fact that this extension is for a term of ONE (1) year_, either parry I
hereto reserves the right to terminate the lease at any tinw by giving lO ,he other party sixty Jays' written notice I
of a desire so to do, and in tlw ev"nl of such t",minat;o", any unearned renlal shall h" refunded, I
Ii 4. All the terms, ~onJitions "nJ covenantS of saiJ inJt'nture of It",s" herehy extlOnJ"d shall, during thc,term II
I h<..>reof, exec-pt as herein expressly modifIed, he hlndlIl,~ Upl)n rhe H.ulrnad ( omp.lllYj it..... StlCt:cSSOrS ~\nd as~:ngns. I
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!! aIlll upon the l.t'."i.Sl't.~, _ltS SUl't"css<.)rs and assi,gns, heirs and 1t'~;,1 n_'pr('selHntiv(~s.
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ii ,~'!CIIAI\D g, OGILVIE, Trustee of the property of I
'I CIIICAGO, MII.W:\lJKEE. ST. PAllL and PACIFIC Rl\ILROAD COMPANY, Debtor Ii
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ill e,e;63 C)-. By ~-ld. ~ "'I'
, WITNFSS FOR RAILROAD COMPANY A ",CE PRESID~_NT
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'..1. CITY or BOZEl1AN 12... I
i Attest: I
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!I (i,~/~~ By / .~. I
il Ci ty Clerk 'L'yor
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LEASE NO. 8UE'~1._ FILM 36 PAGE 196
.. c=f"~RM '~R'.~'-Z-H<-'M _mC_w_____~_==_(~ev ~~37~~--- _ ~_'
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/.-I~ESSEE'S COpy wqis lfnbeuture
I Made tt.is-,: 16th day of Nove.bar . A,D, 19~, by and between the
-- II __~ C}~ICAGO, MILWAUKEE. ST. PAUL and PACIFIC RAILROAD COMPANY
II ~ hereinafter referred to as "Railroad Company," and
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I CIn or BOZ!IIA.N. a ..ntet,.l corporat:f.on.
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of BozeMn, Montana 59715 , hereinaher referred to in the singlllar neuter gender as "Lessee," !I
WITNESSETH:
FIRST: The Railroad Company does hereby lease, demise and let unto the Lessee, the following
piece or parcel of land lying within and being a portion of its property, at the Station of
1Ift..""..n County of ,.....11.~i n State of Mftftt'.na
and described as follows, to-wit:
Two ,.rcell of RaUroad Coepany land in Boze.n. .aid County
and State. a. shown outlined in red on the attached exhibit
dated November 10, 1976; containing a total area of
approximately 3.6 acres.
Term TO HOLD for the term of FIVE year ~from the first day
Effective
Date of .Janua~ ,19 77 , subject, however to the right of either ,party to terminate
this indenture by giving to the other ~ie!D) days written notice of its desire to do so and to the fol-
lowing express conditions. viz:
1. That the Lessee shall pay as rent for said demised premises the sum of OJPf HIJJI1J'n~,n 'l'WRNTY
Rental
AND NO/lOO ($120.00) - - .. - . ., ., - .. .. .. .. .. .. .. .. Dollars
per_ aRIl_ payable &ftllual11 in advance:
Taxes 2a. That the Lessee shall pay all taxes and assessments (except special assessments for per-
manent improvements) legally levied,or assessed against said premises during the term hereof or of any
extension thereof; and in case of special assessments for permanent i'mprovements, the annual rental
will be increased by 8% of such assessment, except that the amount of taxes payable for the year in
which the lease is terminated shall not exceed the ponion thereof accrue-d from the fIrst day of the
year to the effecti ve date of termination;
improvements located upon the demised durin th xtenSlOn thereof, and
in the event said lease is pay the full amount assessed against said improve~
;
Purpose 3, That the Lessee shall use said premises as a site for puhlie park · .. ..
ana for no other purpose whatsoever, unless the Railroad Company shall consent in writing'to a change
of use, and that It will not. without like consent, assign this lease or under-lease said premises or any
part theteof;
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FILM 36 PhGE 197
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4. That the Lessee shall continuously carryon its business upon said premises in an efficient
manner, unless discontinued by written consent of the Railtoad Company; that said premises shall be
used and the business thereon conducted. insofar as it may affect the interests or operations of the
Railroad Company, to the apptoval of its General Manager; and that it will not in any way obsuuct or
interfere with the tracks of the Railroad Company;
5. That the ptoperty herein demised is leased in its condition at the date hereof; that any and all
facilities, including overhead or undergtound fixtures, located thereon shall be maintained and operated
as heretofore;
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tioned, and have the same completed and read e ate of this lease;
and that all do . uildings shall be so constructed as to open in-
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7. The Lessee agrees to keep said premises aM ,..w -imrAn _..._..l~ "l'k _.~~d in a neat and orderly
condition) aRB' [8 B!. iii ..Iv i&&~fl~"'"'I...ftI8w~ith"~f1B M~8'fJ 'tJ~t~Hrr-lL~ ~".iw!jL '" L":'uL" er rt.f!"jft;d
.l~ L..... ~.b J ebeJ NAill.l. Alld ".krna"f)4uJ ,fll,.A, D't;l'v,;:l. ll'l"~H'~ ..1~t.1 R-Mtrtl8d ~"'-t,"'HlJl1dJ rll~y di~~(I., and that no signs
nor advertisements of any description shall be permitted to be pain ted or posted upon -"lai.. :...p".~ . ........~,
or -about said premises, other than those of the business of the Lessee, and as shall be approved by the
Railtoad Company;
-.s. it """.~l'Irl'lM".9"~~",-
Lessee assumes all liability for and agrees to indemnify the Railroad Co '. s at damage
to property of the Lessee, or to property upon the Les' , rIsmg from fire caused by loco-
motives operated by the Railroa ' VICInity of said demised premises, except to the pre-
mise~ of the ' , an, to r,?ll1?g stock belonging to the Railroad Company or to others, and
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all loss, damage or injury. caused by or resulting from any act or amiss' , Its employees
or agents, to the person or property' of the par' elf employees. and to the person or
property of any other person . . I e on or about said demised premises, and if any claim
or liabilit ICe sh,dl arise from the joint or concurring n-egligence of both parties
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paragraphs shall be held notm ' .+~~ benefit of an~
4-__.A.~~, .1HLcn::@ flr~:~~-~ _,..L I ~"~I HI ;.J I rr ~ Illl ) d;
11. That the Lessee shall comply with all applicable Federal and State laws and regulations and
municipal ordinances in respect of the conduct of its business upon said premises;
12. That any violation of or failure to comply with any condition herein, within thirty (0) days
written notice of violation, shall terminate this lease without any further notice or act upon the part of
the Railroad Company, and -thereupon it may re-enter and take possession of said premises, as by law
provided;
The partie. her.to alree th.t Exhibit A contaioins P.raar.ph. 13,
14, 15, 16 and 17 wa. attach.ct to and _de. part of thi. 1.... prior
to the execution ther.of by either p.rty. !
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That the right or interest created by this instrument shall be subjectand subordinate to the con-
tinuing lien of the First Morr,gage dated as of January 1, 1944, executed and delivered by Chicago,
Milwa4kee, St. Paul and PaCIfic Railroad Company to Continental Illinois National Bank and Trust
Company of Chicago, Trustee, and to the lien of the General Mortgage dated as of January 1, 1944, exe.
cuted and deli vered by Chicago, Milwaukee, Sr. Paul and Pacific Radroad Company to Harris Trust and
Savings Bank, Trustee;
SECOND: The Lessee hereby accepts the foregoing lease. and covenants and agrees faithfulI-y to
observe and perform all the terms, condItions and requirements therein contained, and it further agrees
that it will surrender said demised premises at any termination of this lease, and will, on or before the
effective date of such tetmination, completely remove from said premises all property owned or placed
therein by it. and will restore the premises to a state of usefulness for general purposes; that failure
so to remove all such property shall be conclusi vel y deemed an a bandonment thereof to said Railroad
Company, thereby waivmg all its right, tirle and interest in and to such abandoned property; and that
in such case the Railroad Company shall, from and after the effective ,date of any such termination, be
I at full liberty to re-enter and take possession of all the demised premises and, at the sole expense of
the Lessee, to r~move therefrom all such property thete remaining and to restore the premises to a state
, of usefulness for general purposes, and the Lessee hereby binds Itself to pay unto the Railroad Company
promptly upon receipt of bill th~refor. the entire cost and expense of such removal and restoration; or,
at Railroad Comp?ny's own sole option, to appropriate and dispose of any such property without an}'
liability or accountability whatever therefor; but nothing herein contained shall preclude the Railroad
Company from any other legal remedy; I
All the terms, conditions and covenants of this lease shall, during its continuance, be binding upon
the Railroad Company, its successors and assigns, and upon the Lessee and its successors and as-
signs, heirs, and legal representatives.
IN WITNESS WHEREOF. The parties hereto have caused these presents to be duly executed the
". ',_' _ day and year first above written.
,\---.,..~ ''GJI I C AGO. MIL W AUK E E, ST. P A U Lan d PAC I F I C R A I L R 0 ADO M PAN Y
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_~<":'<". ..--;~ " ~/"~,,.--t..1
~: ~";~~ '... ~" " " . r By ;"
, 8-'1\ ~~ ~IT~ESS FOR RAIL.ROAD COMPA Y
... "" ;CC''1I, C':~
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';;..-;7;;11'/ '" ,A>" ,4 c.: .. -{( C~, ~<f2e'i' "~,, J
..' <", ,'" City Clerk. - Mayor '
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FILM 36 PAGE 198
EXHIBIT A
13. Th. Le.... a..u.e. all risk of injury to or death of per.on.
whomsoever. and all rilk of damage to or 1088 or de.truct101l of property
whatsoev.r. where .uch illjury, death, da.ge. 10.. or d..truction aris.. in
any way or in connection with or incident to the occupation or u.e of the
lea.ed prea1se. duriua the lif. of thb l.a.e; and the Le.... her.by
covenant. and agree. to inde~ify and hold ha~l... the Railroad C~any.
it. officer., ag.nt., ..rvant. and e.,loyee. .gain.t and from any and all
liability, 10", da_ge. cla1... deMnda. actiod. cause. of action. co.ta
and expen... of what.oever nature. iucludina court co.ts. attorn.ys' fee.
(includina appeal.), srowina out of injury to or d.ath of any p.rson or
p.rson. or da..S. to or 10.' or d..tructioa of any property. where such
injury. death, ~., 10.1 or de.truction ari.e. ia any way in cOnD8ction
with or laclc1aat te tile occupati.. or use of the lea..d preai... 'by or the
pre..nee thereon of the Le..e.. itl offic.r., a..nts, e..loyees. 1ic.n....
or invitee..
14. that in any ca.. where the covenant.. agreement. aad rel.a.e.
contain.d in tbe preceding paragraph .hall be be1d not to be valid in law,
tbe Railroad C..,any sball have tbe full benefit of any insurance. aff.cted
by tbe Lellee upon the property injured or de.troyed.
15. The Lell.. .hall carry and maintain .ucb liability in.urauc. aa
will protect and relieve the Le.... and the Railroad Company from liability
for any aud all exp.nee that ..y ari.e from all such lOll. da...., injury
or death. Such in.uranc. .ha11 be carried out and .intained by the Le....
durina the teb of tbi. alre_nt in .uch c...any or co.pal\ies approved by
the Lessor. in the following ainiaua -.aunt.:
LIABILITY:
Bodily Injury $ 300.000 per per'Ol\
$ 1.000,000 p.r occurrence
property Damage $ 25.000 per occurrence
! $ 25,000 per policy period
Certificates of .uch insurance shall carry an endor.ement
indicatinl that the Lessor is a cO"in.ured party along with the Le.... under
the terms of this alre.ment, aad said certificate. of insurance al\d the
endor.ement. th.reto Ihall be filed with andapproved by the Lessor before
entry upon .aid premiae. of the Les.or under this lea...
16. Nothing herein contained aball affect tbe rigbt of either party
to terminate tbis l.ase On written notice as herein provided, and in the
.vent of such termination. any unearned rental shall be r.funded.
17. Lessee sball comply with all applicable ordinance.. rul.s,
r.gulations. requirements and law. of any governmental authority controllina
environmental .tandards and cOl\ditiol\s on the premiaes. If, al a re.ult
of Less.... operations bereunder. any such ordinance. rule. r.gulation.
requirement or law is violated. Le.see Shall prot.ct. save h.rml.... def.nd
and indemnify Railroad c..,any from and as.in.t any p.nalties. fin... COlt.
and expen.... includina le.al fe.. and court coati i.po.ed upon or iacurred
by Railroad coapany cau.ed by. r.aultinl fro. or connected with such
violation or violation..
INDEXED
PLATTED r
3'-'9Q3
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tate of Mont., County of Gallatin. 88 Flied for record February 16 ,'19 77
t 8,35 A. M.,and recorded in Book 36 ~4'.T~~6
CARL L. STUCKY Recorder. By.. Deputy
Rt: City of Bozeman Office .
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i LEASE 010. I
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CHICAGO, MILWAUKEE, ST. PAUL
AND
PACIFIC RAILROAD COMPANY
TO
LEASE
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Expires on 60 days' notice after
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Terminates
Rental
Payable
Taxes I
Use
Noted
MA N A GE R - DIS BURSEMEN T Ace DUN TIN G
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--1Ldfccount No.
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.-- FORM IP PP,17
MAKE CHECKS.PAY4BL!i: TO .
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CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY
- ." REGIONAL DATA OFFICE
P.O. BOX 3708 SEATTLE WASH. 9812~
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RENT BILL FOR LEASE AT LOCATION SHOWN
_._--~.. ___ n.._ .._____."'.
. DATE OF BILL RENTAL PERIOD 'nu
REG STATION BILL LEASE -',...." ""'",,,"-.'.-"'-'" AMOUNT DUE
FROM UP TO
- NUMBER NUMBER NUMBER
MO, PAY YR, MO_ DA Y YR, MO_ PAY YR,
.. ~..' ~ ( - ill 120.00
. 9 9423 2 1 77 ..~, ,~. ti , 80881 1 1 77 1 1
~d FOR RENT OF PROPERTY AT
. BOZEMAN, MONTANA - PUBLIC PARKING ~ ~
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. CITY OF BOZEMAN C
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. BOZEMAN, MONTANA 59715
FOR RAilROAD USE ONLY
~ ORIGINAL Bill
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. J . CHICAGO, MILWAUKEE, ST. PAUl- ANt) PACIFIC RAILROAD COMPANY . . .
REAL ESTATE, ECONOMIC & RESOURCE DEVELOPMENT DEPARTMENT
808 Skinner Building, Seattle, Washington 98101 PHONE (206) 628.3910
PAUL W, SCOTT
WESTERN DIRECTOR
R, D, ARGUE
ASST. WESTERN DIRECTOR
p, W DAVIS
WEoS)ERN MGR - REAL EoSTATE
December 27, 1976
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Edna V. Harding
Clerk of City Commission
City of Bozeman
P. O. Box 1407
Bozeman, Montana 59715
Subject: L-8088l-Mont.-Bozeman
City of Bozeman
Dear Ms. Harding:
Reference your letter of November 29, 1976 concerning a proposed
new lease to replace the Milwaukee Railroad Lease No. 37278
which covered certain Railroad land used by the City of Bozeman
for park purposes.
I now enclose the City of Bozeman's fully executed copy of Lease
80881 which will replace Lease 37278 effective January 1, 1977.
This new lease covers a total area of approximately 3.6 acres
of land.
I also return to you the claim form which you sent to me, and
this form should be in the amount of $120 to cover the first
year's rental on the new lease. The land included in this lease
is not presently assessed and, therefore, the Railroad does not
pay a tax on it. No tax is due from the City.
The City's check for $120 should be sent to this office.
Sincerely,
PAUL W. SCOTT, Western Director
Real E~ate, :z>nOmiC & Resource
Deve~'1I} eue.. rtment
By: \ . W ~ <C ............,..',
I . D. e ~
Assistant Western\rirector
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RDA: jo: 1-11
Attach.
. .. Chicago, Milwaukee, St. Paul . , '.
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. and Pacific Railroad Company
Property Management Department
1326 Fifth Avenue
Seattle, Washington 98101
206 62S-39l2
February 8, 1982
City of Bozeman
P.O. Box 640
Bozeman, Montana 59715
FILE: L-80SSl - Mont. - Bozeman
City of Bozeman
Gentlemen:
Attached is your fully executed Extension Agreement extending Lease
SOS8l which covers your lease of approximately 3.6 acres of the
Railroad Company's property as a site for a public park. The extension
extends the lease for an additional one year period effective January 1,
1982 with all terms and conditions of the lease remaining the same
except for the annual rental which will be $200.
Very ~l=ulY1ours,
~:t2
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C~ G. H
Regional Manager
CGO:rw:1-16
Attach.
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