007-419 - Laserfiche WebLink

Browse

rans;er of lease loo. INW -13503 doted 6 »1 -53 - Fairbury aindaill Co. Iy ri '.r �r �v p 13503 i+ESSLE'$ C:S,i � Form ]761. --Rw. II/55 R. E. 1�, ►. n��'. - . __ Tbi5 'Ltage, Made and entered into____ __ __________________ Bep'kepbe ? -- ...................... 19_ _ ._.._, by and between the CHICAGO, BURLINGTON & QUINC_ IR Y RAILROAD COMPANY, an Illinois corporation, hereinafter called the Railroad C Company, and -- >ien F. --- - --• -- hereinafter called the Lessee; Witnesseth, That in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by the Lessee, the Railroad Company hereby leases to said Lessee certain — - - — -- -- premises situated at Grand Island in the County of Nall and State of Nebraska which are.described, and the location thereof shown on Print No. L-13294 hereto attached and made a part hereof, reserving to the Railroad Company, its successors, and assigns the right to maintain and operate all railroad tracks now on said premises, and the further right to construct, maintain, and operate other railroad tracks upon and over said premises where the same shall not interfere with the structures of the Lessee. The Railroad Company also 1lereby reserves unto itself, its successors; as- signs, and licensees the right to operate, maintain, and renew such pipe lines, electric transmission lines, telephone lines, telegraph lines, signal lines, and other facilities of like character as may exist upon, under, or over said premises as of the date of this lease, and from time to time to construct, operate, maintain, and renew such additional facilities of the same character, or relocate existing facilities, in such manner as will not interfere with the use of said premises by Lessee for the purpose hereinafter specified, it being agreed that this lease is subject and subordinate to any and all rights granted by the Railroad Company for any such lines and facilities, and the Lessee hereby releases the Railroad Company from any and all loss or damage which the Lessee may sustain on account thereof. unless TO HAVE AND TO HOLD the same from September 1) 1.959 to August 31, 1954 p=XTr=K Cthis lease shall be terminated as hereinafter provided; and the Lessee in consideration of the leasing of said premises covenants and agrees to pay to the Railroad Company as rent for the same the sum of ----- slx:�y - - --------------- ....... ....... ......... Do ars annually in advaneet subject to change bas ($ 60_.00 - -� per ----- A44A ----- payable as foiliows :.PA- _xatv�7gBuga�4.ron - -olQ- ..the_- pre�ni4es- on September 1961 � Its agreheedntha said pnremisves hernty, agaashal�6e ased by the LeCseB foam lOCati�n OY warehouse for storage of windmills and plumbing materials ---------------------------- only; that all the provisions of law applicable to. such use shall be fully observed; that the Lessee will not door permit to be done upon said premises anything forbidden by law; that the Lessee will maintain and keep said premises, together with all fences, buildings, and appurtenances thereon owned by Lessee, in good condition and repair and will keep all catch basins and vaults thereon and any streets and sidewalks adjoining said premises in proper condition, and in ac- cordance with applicable laws, ordinances, and regulations. Lessee shall promptly pay and discharge any and all liens arising out of any construction, alteration, or repair work done, or suffered or permitted to be done, by Lessee on said premises. 2. Elevators shall not be placed nearer than eight feet from the nearest rail of any track, and must be covered with corrugated iron or such other fireproof materials as shall be satisfactory to the Railroad Company. Other buildings shall not be placed nearer than six feet from the nearest rail of any track, and no elevator or other buildings shall be equipped with doors opening toward an adjacent track. No projections of any kind, on elevators, or other buildings, shall be placed nearer to any track than six feet from a line drawn vertically from the nearest rail, and no materials shall be piled or other obstructions of any kind be placed within said distance from the nearest rail. In order to avoid track damage and pos- sible derailments, Lessee further agrees not to foster, sanction or permit operation of any motor driven equipment on or across any railroad track located on or adjacent to the demised premises, except at established crossings, for the pur- pose of serving the Lessee. 3. The Lessee also covenants and agrees to pay all state, county, and municipal taxes or special assessments that may be levied upon the improvements and property owned by the Lessee on or about said premises during the continu- ance of this lease. f yl ua�u any baxes ate levied on -said premises fts a whole, the Lessee shall pay sueh preper-tion of the .same as the value eg any impl-eveffiefits or pr-apei-ty owned by the Lessee an said pr-e bears to the value of the entire ..premises. In the event that said premises, or any part thereof, shall be subjected to any special assessment for any public improvement or improvements, the rental herein reserved and stipulated to be paid by the Lessee shall be auto- matically increased by an amount equal to 6% per annum on the total amount of assessment; and in case any such special assessment is levied as a whole upon premises of which said premises herein demised are only a part, then in such case the rental herein reserved and stipulated to be paid by the Lessee shall be automatically increased by an amount equal to 6% of that portion of the total amount of such assessment as the value of said premises herein de- mised bears to the total value of the premises upon which such special assessment is levied. than thirty (30) days' written notice of such termination; provided ho i y said Lessee to the date of termination fixed as een paid in advance, the proportionate amount for the 5. Any holding over by Lessee, whether recognized by the Railroad Company or not, shall create merely a tenancy at will, terminable without notice. If under the laws of the United States or any state in which said premises are lo- cated, any public body or tribunal now has, or during the term of this lease shall have, the right to require the termina- tion of this lease, then this lease may be terminated by such public body or tribunal in accordance with law. 6. The Lessee further agrees to cause, during the continuance .of this lease, all policies of fire insurance on the structures of Lessee and the contents thereof, whether the property of the Lessee or of others, upon or about said premises, and upon other property of Lessee upon or about said premises, or there located with the consent of Lessee, to be so written that in the event of any destruction or damage by fire, no insurance company shall have recourse against the Railroad Company. 7. Upon the termination of this lease, by notice as aforesaid, or otherwise, the Lessee shall surrender said premises to Railroad Company, and if not in default hereunder, may remove from said premises all structures and property not be- longing to the Railroad Company and restore said premises to substantially their former state, and in case of failure so to do within thirty (30) days after termination they shall become the property of the Railroad Company, and the Rail- road Company may tear down or remove the same and restore said premises at the expense of the Lessee without any liability therefor. S. It is understood that the movement of railroad locomotives involves some risk of fire, and the Lessee hereby assumes all responsibility for, and agrees to indemnify the Railroad Company against, loss or damage to property of the Lessee, or to property of others upon said premises, regardless of railroad negligence, arising from fire caused by loco- motives operated on or in the vicinity of said premises, but this assumption and indemnity shall not apply to property of the Railroad Company or to rolling stock of the Railroad Company or others, or to shipments in the course of transporta- tion. The Lessee also agrees to indemnify and hold harmless the Railroad Company against all liability, claims, or loss because of damage to or destruction of proptery of, or injury to or death of, all persons whomsoever, including the parties hereto and their employees, while on or in the vicinity of said premises, when caused by any act or omission of the Lessee, its employees, or agents, and if any claim or liability other than from fire shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them equally.