Agreement between owner and municipality to change zone.

This agreement is made on _________[date], between _________, of _________[address], _________[city], _________ County, _________[state], here referred to as owner, and the mayor and _________[City Council] of the City of _________, _________ County, _________[state], a municipal corporation of the State of _________, here referred to as city.

RECITALS

A. Owner is the owner of property at _________[location], more particularly described as follows: _________[set forth legal description].

B. It is proposed to request of the mayor and _________[City Council] of the City of _________ to change from the residential use district to the _________[light commercial use or as the case may be] district the property on the _________[south] side of _________, _________[west] of _________, being the area outlined in red on the plat accompanying this agreement, and being property now vested of record in owner.

C. Owner has agreed to develop the above-mentioned property as a _________[specify use] in consideration of city's changing the zone in which the property is located to a _________[light commercial use or as the case may be] district and owner further agrees, as a part of such consideration, to lay out, develop and maintain the _________ as set forth below.

In consideration of the foregoing and of the mutual promises and obligations of the parties set forth below, the parties agree as follows:

SECTION ONE.

OWNER'S OBLIGATIONS

1.1. Owner will lay out, develop and maintain the above-mentioned property as a _________[specify use, such as: bed and breakfast facility] only.

1.2. Owner shall so lay out and develop the above-mentioned property that the entrances and exits to and from the property shall be on _________ Street only, and not on _________ Street.

1.3. Owner will provide and maintain within the area of the above-described property adequate off-street parking facilities on the _________[west] side of the residence now existing on the property.

1.4. Owner will _________[make provision for guest reception within the off-street areas of the above-mentioned property] and not on the public streets.

1.5. Owner shall comply with all applicable rules, regulations, ordinances and laws of the City of _________, _________ County, _________[state].

SECTION TWO.

CONSEQUENCES OF CHANGE IN USE

2.1. Owner will use the above-mentioned property for the purpose of conducting a _________[specify use, such as: bed and breakfast facility] only and, if at any time following the enactment of the ordinance referred to in this agreement, such property shall not be used as a _________[bed and breakfast facility], the ordinance shall be immediately and thenceforth considered abrogated and repealed, and the zoning classification shall immediately and automatically revert from that of _________[light commercial] use district to residential use district.

2.2. If a new ordinance is required to change the property from _________[light commercial] use district back to residential use district, as referred to in 2.1, above, owner will not object to or oppose such an ordinance in any way, directly or indirectly.

SECTION THREE.

ENACTMENT OF ORDINANCE

At the earliest possible time after execution of this agreement, city shall enact an ordinance changing from the residential use district to the _________[light commercial use or as the case may be] district the property on the _________[south] side of _________, _________[west] of _________, being the area outlined in red on the plat accompanying this agreement, and being property now vested of record in owner.

SECTION FOUR.

PARTIES BOUND

This agreement shall be binding on and enforceable against the parties to this agreement, their heirs, successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property described in this agreement.

SECTION FIVE.

RECORDATION OF AGREEMENT

An executed copy of this agreement shall be recorded among the land records of the City of _________ at _________[specify filing office, such as: in the Office of the Clerk of _________ County, _________(state)].

In witness whereof, the parties have executed this agreement at _________[designate place of execution], on the day and year first above-written.

[Signatures]

[Attach plat]