HomeMy WebLinkAbout13,940 City of Bozeman - 7-12-94 (ID 46750) #13g940
THIS AGREEMENT, day of '
Made and entered into this `j'we].t tZ1 y f L1�.y 19(4 by
and between the NORTHERN PACIFIC RAILWAY COMPANY, a corporation,party of the first part,and the C i ty o
Bozeman, a municipal corporation of the State of Montana, of the second part,
WITNESSETH:. The said party of the first part,for and in consideration of the sum of One •- -- - Dollar ,
( to()O ) to it paid by the said part y.of the second part,the receipt whereof is hereby acknowledged, does hereby license and permit
the said party of the second part to excavate for,lay down and maintain a line of water pipe across the
right of gray of the party of the first part in the City of Bozeman,
TSontatia, from, a point in the northmost line of said right of way near
and westerly of the spur known as '►Story' s Flour 16i'll spur" southerly
to a point in the sou4nanost line of said right of way at or near the
intersection of said sout1most line with the produced center line of
Wallace Strec t,
for the purpose of conveying �!c"bt er across the right of way and under the tracks of the party of the first part,at
Bozen1an Station, Gallatin County,State of Montana ��--
-shown--colrar-edrr-e.d.-and-n�a-r-lied"A—on-the-pla#-hexete-a#taehed-wlrieh-plat-ish2i�by-ma-de-a-pxrfi-af-t-his-agreemeu�-
Said, water pipe shall be laid below frost line below the surface and shall be so
constructed as not to interfere with any tracks now or hereafter maintained by the Railway Company,and the necessary excavation for the same
shall be filled up after said water pipe- has been laid,so as to leave the surface of the ground where it crosses said right of way, in
the same condition as it was before said excavation was made.
And the said part y of the second part hereby agrees to excavate for,lay down and maintain said water pipe and keep
it in good repair atits own expense,and do the work necessary therefor at all tines under the direction of the Superintendent of the
said party of the first part or someone designated by him,on due notice to such Superintendent of any work that is proposed to be done by said
part y of the second part,either in the construction or maintenance of said water pipe and to put in all timbers necessary to
support the tracks while work is being done. All said work to be done in such a manner as not to interfere with the operation of said railway
or the maintenance of the same in the usual and ordinary manner either while the work is being done or thereafter. If the construction or
existence of said water Pipe shall at any time cause any sinking of the tracks or structures of the Railway Company, the party.
of the second part shall restore the same at its own expense,or in default thereof the Railway Company may do so and the party of
the second part will reimburse the Railway Company for the expense thereof.
And the said part y of the second part further agrees that in the event of any change in the grade or location of said first party's railway
or the laying of such additional tracks as it may deem necessary for the carrying on of its business,upon its right of way at the point where said
water pipe crosses the same,will at i t S own expense make all necessary changes in said water pipe .
And it is further agreed that the said party of the first part may,at any time when it deems proper,terminate this license and permission by
giving the said party of the second part, or its assigns thirty days written notice thereof,and the said party of
the second part,upon receipt of such notice,hereby agrees to remove said wat or p ip e within the time named in such notice,
doing no unnecessary damage to the grade or track,and in case of i t S failure so to do,the said party of the first part shall have the right
to remove the same without any further notice to the said party of the second part,and to collect the cost of such removal from the par
of the second part.
The party of the second part is also hereby given permission to
maintain, subject to the conditions of this permit, the water main
as now and for a number of years past laid down and constructed across
said right of way close to the prvosed line of the new pipe line
hereinbefore authorized.
,� EO , The parti ereunto have caused this agreement to be executed day and year first above written. I
T n etfee,,-Of \ By��
C0
Northe f ' mac - ailway Company,
r 121. � SS 1.Oner
............................... ......
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CITY OF BOZM \T, ! ,
_ V. - (Seal.)
-------------
on PW,
,d/ Mayor.
13
C� .......... .... . . ... : �,..
�� raf$=srnata. _
Christopher J.Danos
,itsnr ,assistant Vice President Montana Rail Link
Economic Deveiopment S Real Eslale
2650 Lou tb..',Drsve h9antana Rail Link,Inc.
c,\,Vc:rih.TX 76131 101 International Dwe (406)523-1500
Post Office Box 16390 (406)523-1493 fax
7-.137-5385 t7Yra Missouia Montana %,Aw;niontanauul cGM
Ch vophe:Dano3QBMSF corn USA59303
November 23, 2023 Via Certified Mail
674
CITY OF BOZEMAN-PERMITS
PO BOX 1230
BOZEMAN,MT 59771-1230
Re: Agreement 13940 dated effective as of 7/12/1904 (together with any subsequent
supplements or amendments,the"Agreement")between Montana Rail Link,Inc.,
a Montana corporation("MRL")and City of Bozeman-Permits,regarding certain
property located at or near Bozeman, Gallatin County, Montana; Notice of
Assignment.
To Whom It May Concern:
This letter concerns the Agreement referenced above. In accordance with the Agreement,
MRL hereby notifies City of Bozeman-Permits that the land subject to the Agreement has either
transferred or reverted to BNSF Railway Company, a Delaware corporation ("BNSF"). In
connection therewith, MRL has assigned all of its rights, interests, and obligations under the
Agreement to BNSF. BNSF, in turn,has assumed all of MRL's obligations under the Agreement.
The assignment and assumption between MRL and BNSF will become effective on January 1,
2024 (the "Assignment Effective Date"). As of the Assignment Effective Date, BNSF's notice
address is as follows:
BNSF Railway Company
2650 Lou Menk Drive,MOB-2
Fort Worth, Texas 76131
Attn.: CRED
with a copy to: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive,MOB-2
Fort Worth, Texas 76131
Attn.: Lease Administration
If you make payments related to the Agreement, please be advised that the invoice for
December 2023 will be sent to you by MRL in November 2023 and should be paid to MRL. The
invoice for January 2024 will be sent you by BNSF's agent, Jones Lang LaSalle Brokerage, Inc.,
in December 2023 and should be paid to BNSF Railway Company.
Thank you for your cooperation.
Very truly yours,
BNSF Railway Company,
a Delaware corporation
By:
Name: Christopher Danos
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
W/1- Z"'
By:
Name: Joe Racicot
Title:President
IFW-.r
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