HomeMy WebLinkAboutWaiver of right to protest SID - Blackmore WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR EAST MAIN INVESTMENTS, LLC
We, the undersigned Owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: ELKS CLUB PROP REARR, S08, T02 S, R06 E,
ACRES 1.13, TRACT 1, PLAT H-29, ELKS CLUB PROP REARR, 508, T02 S, R06 E, ACRES 0.888,
TRACT 5D IN SW4, PLAT H-29-D and ELKS CLUB PROP REARR, S08. T02 S, R06 E, ACRES
2.309. TRACT 5C IN SW4, PLAT H-29-D
IN CONSIDERATION of receiving Master Site Plan Approval from the City of Bozeman, along
with accompanying rights and privileges and for other and valuable consideration, the receipt of which
is hereby acknowledged, in recognition of traffic impacts that will be generated by the development of
the above-described property, have waived and do hereby for ourselves, our heirs, personal
representatives, successors and assigns, the right to protest the creation of one or more special
improvement districts for the construction of the following improvements
a) Street improvements to Highland Boulevard including paving, curb/gutter, sidewalk, and
storm drainage
b) Street improvements to Haggerty Lane including paving, curb/gutter, sidewalk, and storm
drainage
c) Intersection improvements to E. Main Street and Highland Boulevard
d) Intersection improvements to E. Main Street and Haggerty Lane
or to make any written protest against the proposed work or against the extent or creation of the districts
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 partnership, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this 1 st day of March,.2017.
By: Donald.E. Cape, Jr.
Title: Managing Member
STATE OF MONTANA )
:ss )
County of Gallatin )
On this_'i?�—day of &;M'LL , 20 / , before me, a Notary Public for the State of
Montana, personally appeared (I (= known to me to be the
of the corporation that executed the
foregoing"Var�er of Right to Protest, and acknowledged to me that he/she executed the same for and on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
(SEA. ) /
SHIRLEY VI SER
Notary Public fdr the State of Montana 'ssL; Notary Public
'•No1A�IAr :for tho State of fv1ontana
Residing at:
Belgrade, Montana
(Printed N e) My Commission Expires:
January 28, 2020
Residing at
My Commission expires: L/ L,L,. /20:?--)