HomeMy WebLinkAbout71,227 Northern Pacific Railway Co IFRIGAT1ON CANAL, DRAINAGE CANAL, WATER PIPE OR SEWER PIPE PERMIT.--(TEMPORARY.) R W.17 1500--5-13-40 W
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No. 71227
NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called the first party,hereby permits
City of Bozeman., a. municipal corporation, of the State of Montana,
hereinafter called the second party,to construct,operate and
maintain a water pipe line along the course described as follows:
Connecting with the first party's water pipe line in Rouse Avenue at
Bozeman station, Montana, at an angle therein at a point distant 15 feet more
or less, northeasterly, measured at right angles, from the center line of the
main track of they first party's Alternate Main Line as now constructed and
extending; northerly in said Avenue to the second party's sewage treatment
plant, passing; beneath the present main track and former main track of the
first party) s fain Line.
The first party also hereby leases to the second parta7y the first
party's water pipe line in said Avenu* from the above described connection
to the point in said Avenue where...sAld firat._party' a pipe line connects
with the second partyte water pipe line, which point is 75 feet, more or
less southerly, measured at right angles, from the produced southerly line
of Oak Street„
This permission is granted upon the following terms:
also all tones And-A-MRAAMANtA
2. The entire cost shall be borne by the second party;the division superintendent of the first party will decide what portion, if any,
of the work will be done by the first party,and for such portion the second party will pay the first party the estimated cost before the
work is done; if the actual cost exceeds the estimate,the second party will pay the additional amount when called upon; if the actual
cost is less than the estimate,the first party will repay the surplus. All work hereunder by the second party shall be done in a first-class
workmanlike manner to the satisfaction of the division superintendent of the first party,and in accordance with plans and specifications
which he may'prescribe or approve. The division superintendent of the first party shall have the right at any time when in his judgment
it becomes necessary or advisable,to require any material used in the work to be replaced with like material or with material of a more per-
manent character;also to require additional work or changes of location as a matter of safety, or of appearance, or on account of addi-
tional tracks being laid, change of grade, or for any other reason connected with the operation of the railroad of the first party;all of
which shall be done at the expense of the second party in the manner herein provided.
agmi th DhMoviSff a no a any m--6— mage the railroad or structures of the first party,or be a
menace to the safety of its operations;and to indemnify and save harmless the first party from all loss and damage to its tracks,roadbed,
structures,rolling stock and other property of the first party and property of third persons,and from injuries to persons,occasioned by the j
improvements.
4. It is agreed that the provisions of Section 3 are for the equal protection of any other railroad company or companies heretofore or
hereafter granted the joint use of the first party's property of which the premises upon which said improvements are located are a part.
fi. This permit cannot be transferred or assigned by the second party without the written consent of the first party.
6. This permit shall endure until terminated by the first party. It may be at any time terminated by the first party upon the giving
of aixty, (6d) days'notice, either by personal delivery or by mail,or by the posting of notice on the
premises. Upon the expiration of the time stated in any such notice,the first party may forthwith expel the second party from its premises;
and at the end of the permit the second party will restore the premises of the first party tq�their former state.
7. In consideration for the first party leasing; to it that portion of
the first partyts pipe line between the two above described points of connec-
tion,, the second party agrees to maintain said first partyte pipe line in
good repair at the second party's expense during the term of this permit.
8, 'there the second party' s pipe line passes beneath the first party' s
tracks a cover pipe shall be used in accordance with the first party' s stan-
dard plan WoS. 1088.
}o Upon request of the first party, made at any time, that it be fur-
nished water through said pipe line, the second party will make connection
therewith for the 'benefit of the first party, without requiring payment of
any fee therefor, except the actual cost of labor and material used by the
!!pnd parNy �?i mWn� su2# c2rn ion.a In the gvent�th%t sueli water .coT. oc-
a..' p`.-'ii Cy S trz 10 '6veiva.` wl,�+.;u at
IN WITNESS WHEREOF,the parties have executed these permts this lst day of same "at* as wany
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October, 19496 he�,Af%T'- on user
Christopher J.Danos
Assistant Vice Pres:. edW Mc)ntana Ralf Link
Economic Development&Real Estate 7��
28 0 Lou 4"Drive Montana Rail link,Inc.
co`t'°%cat' X 70:31 101 International Drive (406)523-1500
1. '3or Post Office Sox 16390 (406)523-1493 far.
— Offr-e tAssouta,Montana vrmvi montanarail corn
Chnstophe:^uano;fi`3!fSF corn USA 59303
November 23, 2023 Via Certified Mail
City of Bozeman-Permits
PO Box 1230
Bozeman, MT 59771
Re: Agreement 71227 dated effective as of 10/1/1949 (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.
GKILIv
7.122
Very truly yours,
BNSF Railway Company,
a Delaware corporation
�I I
By: ?C4-1�
Name: Christopher Danos
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
By: /W
Name: Joe Racicot
Title: President
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