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HomeMy WebLinkAbout03-01-13 letter from city to Friends of the Story Mansion, regarding FOS default on Agreement 4 Vt. 9x March 1, 2013 r�rfH CO.1�� 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. f i 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 gss