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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Arrowleaf Park & Perennial Park PUD
We, the undersigned Owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A, Amended Plat of Minor Subdivision 407A, The Saccoccia Minor Subdivision,
located in the Northwest Quarter of Section 1, Township 2 South, Range 5 East of
P.M.M., City of Bozeman. Gallatin County, Montana.
IN CONSIDERATION of receiving Planned Unit Development (PUD) approval from the
City of Bozeman for the Arrowleaf Park & Perennial Park PUD, along with accompanying rights
and privileges and for other valuable consideration, the receipt of which is hereby acknowledged,
and in recognition of the impacts to City transportation and infrastructure systems that will be
generated by the development of the above-described property, do hereby for ourselves, our heirs,
personal representatives, successors and assigns, waive the right to protest the creation of one or
more special improvement districts (SID’s) for the following:
1. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage
2. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and
storm drainage
3. Street improvements to North 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
4. Street improvements to North 15th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
5. Street improvements to North 11th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
6. Street improvements to Tschache Lane including paving, curb/gutter, sidewalk,
and storm drainage
7. Intersection improvements to the Tschache Lane and North 15th Avenue
8. Intersection improvements to the Tschache Lane and North 19th Avenue
9. Intersection improvements to the Baxter Lane and North 15th Avenue
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID’s) to be assessed in response to a duly passed resolution of intention to create one or
more special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternate financing method for the completion of said improvements on
a fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination
thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the limited liability company, provided however this waiver shall apply to the lands
herein described.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the Landowner.
DATED this day of , 201 .
PROPERTY OWNERS:
Tract 3A – Kardar, LLC
By:
Its:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of , 201 , before me, the undersigned, a Notary Public
for the State of Montana, personally appeared , known to me to be
of Kardar, LLC, a Montana Limited Liability Company, and
acknowledged to me that they executed the same for and on behalf of said limited liability
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
Printed Name:
Residing at
My Commission Expires:
G:\C&H\17\171293\Master Site Plan\Waiver Of SIDS.Doc