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HomeMy WebLinkAbout84- Railroad Lease II FORM 1.0. 25.\ REV. Z-5-7~-lOM IL . - EXTENSION OF LEASE NO. RnRR1 IL - . 3Jnbenture ~bi5 Made October 12 , 1984 , by and between RICHARD B. OGILVIE, as Trustee of the property of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor, hereinafter called the "Railroad Company, " and ,-- City of Bozeman of Bozeman, MT , hereinafter ref erred to in the II singular gender "Lessee, " neuter as WITNESSETH:- WHEREAS the Railroad Company, or its predecessors, heretofore on November 16. 1976 , entered into a certain indenture of Lease bearing No. 80881 , whereby, it leased, demiscd alld let unto tRIi 18li:~QB certain of its property at the Station of Rn7.~m~n. MT to be uscd for ~ pnh 11 C' park , and more p<lrticuI<lrly described in said leasc. WHEREAS said indenture of lease was drawn for a term ending December 31. 1981 and was extended for additional period(s),the last of such extensions expiring on Dcccmbe:r 31, 1984 WHEREAS the p.1fties hereto mutually desitc to extend the term of said indenture of lease for a pe- riod of one year (s) from and after January 1 . 1985 NOW, THEREFORE, in consideration of the premises and of the mutuill coven;-lnts and agreements of the parties hereto, it is hereby agreed as follows: 1. That said indenture of lease is hereby extcnded for a term of I'm,:> year (s) from January 1 , 1985 at a rental of $360 per annum. " Lessee shall pay all wxcs and assessments (exccpt. special aSSc,ssm('tHS f"r permanent ;mpr"vcnl<'nl';) le- I gaIly levied or assessed against said pr<:mi.<.:;es for the term hereof Or uf (lny eXll"llsiun f.hereof; ,lnd in case uf SPt.'- cia.l aSSessrlH.-=rns for permanent improvements, th(' annual [l'ot;ll will he lnc!'(.'a~'...a~d hy H"i;, nf .c.;uch :l~.;."l.s:->lI1('nt. ). Norwithstanding the fact that this exten~ion is for a term of one year (s) . eitlH'r f'"rty hereto reserves the right t() tCrrnillU(,e the lease at any time by giving to rh(' other party..--.....6..Q..days' writt.cll n\..ltict." of a desite so to do, and in the event of such terminati"n, any unearned rent.a I shall he refund,.,,!. 4. All the term';, conditions and coven"nts of said indenture of lease hereby "xtended sh"lI, durin,l( the l"rll1 hereof, except as herein eX[1J'essly modified, be bindin,l( upon the Hailroad Company, it.s S'KceSSors and ilssigns, and upon the Lessec , its successors and assigns, heirs and legal representatives. This agreement is bind ing on Richard B. Ogilvie, not as an individual, but solely in his capacity as Trustee. RICHARD B. OGnVIE , as Trustee, of the property of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor ;(K~ fiy f~ . u.u ...,,~,~~, WITNESS FOR RAILROAD COMPANY tjJ J' -J Jlid <, City of \ ' {\...- Po L vlI~ c er ~ ..- - -1\ II