HomeMy WebLinkAbout48- Nash Lease
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THIS AGREEMENT, made and entered iato th.1s first day of April,
A. D., 1948, by and between Murray Nash and Etfie lean Nash, husband
aRd wi,!e, of Gallatin CouRty, State of Montana, parties of th. first
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part, hereinafter called the Lessors. and AnCell Portnell, an ind1'::"'.>",> '
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vidual, and The Oity of Bozeman, a munioipal corporation of the
state of MomtanaauGal1at1n CouAty,part1e, of the seeohd part,
hereinafter called the Lessees,
WIT N E SSE T H :
That said Lessors, for and in consideration Of the rents,
covenants and agreements hereinafter oontained and to be paid and
performed by the said Lessees, have leased, demised and let and by
these presents do lease, demise and let unto said Lessees the
following described premises,eituate in the County of Gallatin,
State of Montana, and more particularly desoribed as follows:
Approximately eight (8) aores in the West Half (Wi)
of the Southeast ~uarter (SEt) of the Southeast
Q.uarter (SEtl of Section Six (6), Township Three (3)
Sou.th Of a.,nge Six (6) Ef,i"., bei.ng, tl:ult"traot Of
ground, inclu.ding all buildings thereon, now oooupied
by Ancell Portnell and used by him as a dwelling and
as pasture in conneotion with his work as Patrolman
on the Bozeman Creek Watershed for The City of Bozeman.
TO HAVE AND TO HOLD for and during the period of one year
from and after the first day of April, A. D., 1948, yielding and
paying for the same to the Lessors the sum of Thirty ($30.00)
Dollars per month during the full term of this lease, Fifteen
($15.00) Dollars of suoh rental to be paid directly to the
Lessors by the said Ancell Portnell and Fifteen ($15.00) Dollars
of suoh rental to be paid directly to the Lessors by The City of
Bozeman.
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The Lessees covenant and agree that they will not assign
this lease nor sublet said premises or any part thereof without
the written oonsent of the Lessors being first endorsed upon this
lease, nor comm1tor suffer any waste or damage to be oommitted -
upon said premises; that the said premises will not be oooupied
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or used by the .ess..s:during the term ot this lease for any
unlawful or offensive purposes, and that at the end of the term
of this lease as herein spec1tied, or upon the termination of this
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lease as herein provided, the said Lessees willpeaoeably and
quietly surrender and deliver up said premises in as good condi-
tion as they now are, reasonable wear and tear and damage by the
elements alOfl~e:J;:~eJt..,. ;,lkt,;,
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It is furtheroovenanted that the Lessors, by themselves or
their agent or agents, shall have the right to enter said pre-
mises at all reasonable times and view and make improvements
thereon.
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It is further covenanted that th.e said Lessors, if the said
monthly payments, or either of them or any of them whether the
same be demanded or not, are unpaid, as and when they become due,
or if any waste or damage of any kind shall be made or committed
on said premises, or if any part of said demised premises are
sublet or underlet, without the consent of the Lessors as herein
provided, or if th1s1ee.se shall "b~ assigned by the act 'ot the -~,
Lessees, or by operation of law, or if the said Lessees shall
fail, neglect, or refuse to perform any of the oovenants by them
to be kept and performed, then the said Lessors shall have the
right at their option (and such right is hereby reserved by them)
to terminate said lease, and any and all rights, interest or
estates that the Lessees may have in or to said premises, by
sixty (60) days' notioe in writing, signed by the Lessors, their
agent or attorney, of their intention to terminate said lease,
and upon suoh termination of said lease, the said Lessors shall
have full and absolute right to re-enter said premises and have
and hold the same as tUlly and completely as they might or could do
if the term herein specified had fully expired by lapse of time,
and such termination of said lease and re-entry shall in no manner
operate as a forfeiture of any rent due or covenanted to grow due
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or the right of the said Lessors to the performan.oe of any of the
covenants herein oontained, by the said Lessees to be kept and
performed; prOVided, however, that the parties hereto shall use
every reasonable effort to find a suitable tenant whose rental
shall be applied to reducing the rentals herein provided for.
It 1s further covenanted that the said Lessees, upon paying
the rent and performing the :covenantsherein contained, by the
said Lessees to be perfor~ed, shall and may peaceably and quietly
have and hold and enjoy the said demised premises for the term
aforesaid.
It is further understood and agreed by the parties hereto
that all of the covenants and agreements herein contained shall
bind the heirs, legal representatives, suocessors and assigns, if
any, of the parties of the first part and the party of the second
part, Ancell portnell, and shall bind the successors and assigns
of the party of the seoond part, The Gity of Bozeman, to the same
extent as if they had been expressly mentioned in each of the.. ....:...""". ,....." -'-~. .._~- ,,- ,~
safdoovenants.
IN WITNESS WHEREOF, the said parties of the first part and
the party of the seoond part, Ancell" Portnall, have hereunto set
their hands and seals, and the party of the second part, The City
of Bozeman, has hereunto set its hand, by its Mayor and its Clerk
of the City Commission"eaoh thereunto duly authorized, and has
caused its corporate seal to be affixed, as of the day and year
first hereinabove written.
'/o/~N?t,~ (SEAL )
~1I<~0""'/ ?J~ (SEAL)
Eft ' Jean Nash
~1It::~IASEAL)
An e por ne
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THE CITY OF BOZEMAN,
BY/!' :L..-<> ~vv,,~0/l4aYor
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APPROVED: THE CITY OF BOZEMAN, ..' 4~~~~~~~":
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, City Attorney Cerk of tho C1ty CQmm1-..ioRJ
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STATE OF MONTANA) ..-
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County of Gallatin )
~~~i~~ A( day of April, A. D., 1948, before me,'
~ , a Notary Publio for the state of Montana,
p rsonaly appeared Murray Nash and Effie Jean Nash, husband and
. wite, known to me to be the persons whose names are subscribed to
the within Lease and aoknowledged to me that they executed the same.
d,. IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed
--:: my,N!'"t~rial Seal the day and year first hereinabove written.
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, _.~ ../ Notary ~~ ~ Montana
Residing at Bozeman, Montana
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STATE OF MONTANA)
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County of Gallatin)
On this -J?.HTH. day ,Of April, A. D., 1948, before me, Dan R.
Lovelaoe, a Notary Publio for the State of Montana, personally
appeared Ancell portnell, known to me to be the person whose name
is subscribed to the within Lease and aoknowledged to me that he
executed the same, and C. W. Sorenson and L. G. Shadoan, known to
me to be the Mayor and Clerk of the City Commission, respectively,
of The Oity of Bozeman, the corporation that exeouted the within
Lease and aCknowledged to me that such oorporation exeouted the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and yeap;f'irst hereinabove written.
, ~\l~1C ~r t~~ofMontana
-- .. Residing at Bozeman, Montana
, , - _ My Oommission Expires Au@}.lst 12, 1949.
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