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HomeMy WebLinkAbout48- Nash Lease Ii .. ; . \ , ,t ~ I :1,;, l~ A S E '. ~.',"\'.:.'''''';:}~I~~~Q~* ~:::~~'~~t'/":~_ 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 ,I~ part, hereinafter called the Lessors. and AnCell Portnell, an ind1'::"'.>",> ' ""--,,,.,.,;,.>~' 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. _.. 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 ..' . .:;; . . ~ -2- ~ f 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 " 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,;, ~'" ''i> 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. ,I^ 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 .. , . ~ ;; . . . ~ ....:3- 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 .. f. . .. . ... .. -4 - j · THE CITY OF BOZEMAN, BY/!' :L..-<> ~vv,,~0/l4aYor .. r' APPROVED: THE CITY OF BOZEMAN, ..' 4~~~~~~~": , -. ..' .~ ............. '!l...... ..... L ~>>' . '--= ~. .. .. . c: , ~.__ ~ --L' BY.) , ,)- , City Attorney Cerk of tho C1ty CQmm1-..ioRJ ..,...~ - - - ,,-u' _ . STATE OF MONTANA) ..- : 8S. 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. ..-. , ...... .... ~~ . _ - .....--.. _.~., _ ,..-E.' ~ , _.~ ../ Notary ~~ ~ Montana Residing at Bozeman, Montana /':'_ __-. __ _-;--'"" "Jg., ~_usion ExPi:t'eS~o?b 19~ -" , ..-"'-". .,,'- ---... ' ",' " - " .'-"" '-~ ~... r--~~~~-:'" ....-. STATE OF MONTANA) : ss. 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. -"..... - ,_. -~