HomeMy WebLinkAbout03-01-13 letter from city to Friends of the Story Mansion, regarding FOS default on Agreement 4
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March 1, 2013
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Andrew Epple
CITY OF BOZEMAN Chairman, Friends of the Story Mansion
121 North Rouse PO BOX 6767
P.O. Box 1230 Bozeman, MT 59771
Bozeman, MT 59771
Phone:(406)582-2320 Via email—maiI copy will follow
Cell:(406)581-7026
TDD:(406)582-2301 RE: Story Mansion
wtv%v.bozentan.net
Dear Andy:
City Manager
Chris A. Kukulski I am in receipt of your letter of February 28, 2013 requesting on behalf of the
Friends of the Story Mansion (FOS), a 30-day extension of the Agreement to
Core Values Sell and Purchase Real Estate for the Story Mansion(the"Agreement"), This
Integrity.Be honest,hard- Ietter discusses FOS's default on the Agreement and my recommendation to
working,reliable and the City Commission on moving forward with your request.
accountable to the public.
Leadership:•lake The Agreement requires FOS to have closed on the purchase of the Story
initiative,lead by example,and Mansion by February 28,2013. This letter movides notice to FOS that, due to
be open to innovative ideas.
failure to close on the purchase within the time required by the Agreement as
Service:work unselfishly indicated in Section 3 of the Addendum to the Agreement (dated October 2 for our community and its
citizens. 2012), FOS is in default of its obligations under section 7 of the Agreement
Teamwork: Respect Section 7 of the Agreement provides the City, as seller, options upon FOS's
others,nelcoine citizen default which include seeking specific performance or terminating the
involvement,and work together
to achieve the best result. Agreement. At this time, the decision on which remedy to seek,has not been
made.
In addition, at this time, FOS has not fulfilled the conditions precedent to the
purchase as noted in Section 4 of the Addendum, including its obligation to
demonstrate it has the financial and organization capacity to restore the Story
Mansion and preserve it upon restoration. As such, the City reserves the right
to determine at a future time whether FOS has defaulted on those obligations.
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As to your request to extend the date for closing, on March 18, 2013 the City Commission will
discuss developing a plan for the future of the Story Mansion as well as discuss FOS's default
and which remedy to pursue. In addition, the Commission may also, at that time, consider
your request to extend the Agreement for an additional 30 days.
I suggest you have representatives from the FOS available for the March 18, 2013
Commission meeting.
Sincerely,
CQA 4 .
Chris A. Kukulski
Bozeman City Manager
I
CC: City Commission
Greg Sullivan,City Attorney
Anna Rosenberry,Director of Administrative Services
Mitch Overton,Parks and Recreation Director
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