HomeMy WebLinkAboutAppendix P Waiver of Right to Protest - draftCOTTONWOOD + IDA
FPUD SUBMITTAL || APRIL 2019
APPENDIX P
WAIVERS OF RIGHT TO PROTEST SID’S
SECTION 8
Waiver--Page 1 of 3
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
Bangtail Partners, LLC, the undersigned Owner of the real property situated in the
County of Gallatin, State of Montana, and more particularly described as follows:
INSERT LEGAL DESCRIPTION HERE WHEN AVAILABLE
IN CONSIDERATION of receiving approval of a Planned Unit Development for the
subject property 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 the traffic impacts that will be generated by the development of the above-described property,
the undersigned owner has waived and does hereby for itself, and its successors and assigns, the
right to protest the creation of one or more special improvement districts for the following:
1. Street improvements to East Aspen Street including paving, curb/gutter, sidewalk, and
storm drainage;
2. Street improvements to Ida Avenue including paving, curb/gutter, sidewalk, and storm
drainage;
3. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm
drainage;
4. Street improvements to East Tamarack Street including paving, curb/gutter, sidewalk,
and storm drainage;
5. Street improvements to East Peach Street including paving, curb/gutter, sidewalk, and
storm drainage;
6. Street improvements to Front Street including paving, curb/gutter, sidewalk, and storm
drainage;
Waiver--Page 2 of 3
7. Intersection improvements to North Wallace Avenue and East Tamarack Street;
8. Intersection improvements to North Wallace Avenue and East Peach Street;
9. Intersection improvements to Front Street and East Aspen Street;
10. Intersection improvements to Front Street and Ida Avenue;
or the right 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 a 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 the Waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the parties hereto.
DATED this _____ day of ____________________, 2019.
BANGTAIL PARTNERS, LLC
By:___________________________
Its:___________________________
Waiver--Page 3 of 3
STATE OF __________ )
:ss )
County of ________ )
On this _____ day of _______________, 2019, before me, a Notary Public for the State
of _______________________, personally appeared _______________________________
known to me to be the _________________________ of Bangtail Partners, LLC , the Limited
Liability Company that executed the foregoing Waiver of Right to Protest, and acknowledged to
me that he executed the same for and on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year
first above written.
Notary Public for the State of _______________
(Printed Name)
Residing at
My Commission expires: / /20
(SEAL)