HomeMy WebLinkAbout05- Winters, Vivian E.; 104 S. Yellowstone #3 - Agreement
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This Agreement made and entered into this ~ day of between the City of Bozeman, 411 East Main Street, Bozeman, Montana, and Vivian E.
Winters, 104 South Yellowstone #3, Bozeman, Montana witnesseth:
1. Vivian E. Winters owns property in Bozeman, Montana more particularly described as
Lot 17 E. Block 8 Valley Subdivision with a common address of 104 South Yellowstone #3,
Bozeman Montana.
2. Ms. Winters contracted with the City of Bozeman for water, sewer and garbage
services. In exchange for the City providing said services, Ms. Winters agreed to pay all charges
for these services as they became due.
3. Ms. Winters has been unable to work due to a physical injury. She does not have any
discernable income and will be unable to pay for the services provided by the City in the
foreseeable future. As of the date of this agreement, Ms. Winters owes the City $73.87 for water
services, $54.37 for sewer services, and $35.66 for garbage services, and $2.00 for two months
late fee at $1.00 per month, for a total of $165.90. Said amount shall continue to increase for the
foreseeable future until Ms. Winters is able to sell her property located at 104 South Yellowstone
#3 or is able to find employment.
4. Ms. Winters has represented to the City that she intends to put her property up for sale.
Therefore, all charges owed to the City for these services shall become immediately due and
owing upon the sale of the property and shall be paid out of the proceeds of said sale.
Winters Agreement Page 1
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Shelley Vano..Callatln Co MT MISC 24,00
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5. Ms. Winters affirmatively acknowledges the City's authority to file liens on said
property for any delinquent sewer and garbage charges. Further, Ms, Winters specifically agrees
to authorize the City to file a lien on said property for any delinquent water charges owed to the
City including attaching said delinquencies to the city assessments which are filed with Gallatin
County. Ms. Winters further acknowledges that should these charges not be paid at the closing,
these liens shall be enforceable against the future heirs, assigns or purchasers of her property.
Thus, Ms. Winters specifically agrees to authorize the City to record this document with the
Gallatin County Clerk and Recorder as a lien on her property,
6. In exchange for the foregoing promise of payment, the City agrees not to discontinue
these services to the property at 104 West Yellowstone, #3 Bozeman, Montana for a period of six
months dating from the date of this agreement.
7. In the event that either party incurs legal expenses, including the costs, expenses,
salary and fees of the in-house counsel, to include City Attorney, to enforce the terms and
conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees
and other costs and expenses, whether the same are incurred with or without suit, including fees
on appeal.
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Vivian E. Winters
Winters Agreement Page 2
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, Sh.ll.y Vano.-Gallatln Co MT MIse 24,00
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STATE OF MONTANA )
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County of Gallatin )
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On the ~day of , 2005, before me, a Notary Public for the State of
Montana, personally appeared Vivian E. . . inters, known to me to be the person described in
and who executed the foregoing Agreement, whose name is subscribed to the within instrument
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first written above.
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CITY OF BOZEMAN
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Winters Agreement Page 3
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STATE OF MONTANA )
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County of Gallatin )
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On the day of ort:2 before me, a Notary Public for the State of
Montana, personally appeared Chris 1'-u ulski and Robin Sullivan, known to me to be the
persons described in and who execut e foregoing Agreement as City Manager and Clerk of
the Commission of the City of Bozeman, whose names are subscribed to the within instrument
and acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first written above. ~
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Winters Agreement Page 4
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Shelley Vanoe-Gallatln Co MT MISC 24.00
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