1st Amd/Real Estate Purchase & Sale AgmtFIRST AMENDMENT TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS FIRST AMENDMENT TO REAL ESTATE PURCHAS ~~D SALE
AGREEMENT (this "Amendment") is dated for reference purposes as of N~~'2.8 __ ,
2024 , by and among CITY OF KALISPELL ("Buyer"), and BNSF RAILWAY COMPANY ,
a Delaware corporation ("Seller").
RECITALS
A. Buyer and Seller entered into that certain Real Estate Purchase and Sale Agreement
dated August 22 nd , 2024 for a piece of property located in the City of Kalispell and the State of
Montana. Any capitalized term used but not defined in this Amendment shall have the meaning
assigned to such term in the Purchase Agreement.
B. Buyer and Seller desire to amend the Purchase Agreement on the terms and
conditions set forth below:
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises of the parties hereto , made
one to another, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
Amendment to Section 1 (GENERAL TERMS AND DEFINITIONS) of the Original Agreement:
Definitions in Section 1 of the Original Agreement (GENERAL TERMS AND DEFINITIONS) "Review
Period " is hereby deleted and replaced with the following provisions:
1. "CLOSING DATE" -The period commencing on the Effective Date of the Original
Agreement and expiring 5:00 P.M. Pacific Time on February 2 I st, 2024.
2. Ratification. Except as specifically and expressly modified in this Amendment, all of the
provisions of the Purchase Agreement shall remain in full force and effect as originally
written.
3. Counterparts. This Amendment may be executed in multiple counterparts , all of which
when taken together shall constitute one original. Facsimile signatures and signatures
delivered electronically ( e.g., via pdf file) shall be deemed to be the equivalent of original
signatures for purposes of this Amendment.
IN WITNESS WHEREOF , the parties have executed this Amendment as of the date first
written above.
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Bl,;YER:
CITY OF KALISPELL
~~~e: ~;~
Title: C M:) f\A " ~$er'-
BNSFRAI~Y
By:~
Nam~~
Title: Director Real Estate
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