3rd Amd/Real Estate Purchase & Sale AgmtTHIRD AMENDMENT TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS THIRD AMENDMENT TO REAL ESTATE PURCHASE AND SALE
AGREEMENT (this "Amendment") is dated for reference purposes as of May ~' 2025, 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 gt11, 2024 together with all amendments, 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:
Section 8.3 is now added to the Original Agreement:
1. New: "Section 8.3" -Based on the April 2025 Phase II Environmental Site Assessment,
prepared for the City of Kalispell by ERM Newfields, ERM noted that "Based on the soil
boring observations and results from surface and subsurface soil samples, no additional
investigation is recommended for the Site. If the rail line is to be removed, ERM
recommends collecting a composite confirmation sample from 0-4 feet in the vicinity of
BH-1. Results of arsenic in the composite sample will determine if the soil requires
excavation and offsite disposal". The City of Kalispell will develop a Soil Management
Plan to manage any related soil issues during construction, maintenance or other activities
on the property, and will manage said soils per the Soil Management Plan and m
compliance with all applicable laws and regulations at their sole cost and expense.
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.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
written above.
BUYER:
CITY OF KALISPELL
By:~-~
Name:~ Russell _____ _
Title: __ City Manager _____ _
BNSF RAI~;y
By: l ' ----:;.?
Name: Cary Hutchings
Title: Director Real Estate
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