HomeMy WebLinkAboutAmbeintAirWaiverOfSIDDraft_06242021 Return Document to: Bozeman City Clerk P.O. Box 1231 Bozeman, MT 59717-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Ambient Air Solutions, Inc.
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: Lot 7, Block 2 of NELSON MEADOWS
SUBDIVISION, [Plat J-680], located in the Northeast Quarter of Section 27, T. 1 S., R. 5 E. of
P.M.M., City of Bozeman, Gallatin County, Montana.
IN CONSIDERATION of receiving final plan approval from the City of Bozeman for the
Ambient Air Solutions Site Plan (COB #21063), 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 (SIDs) for the following:
a. Street improvements to Prince Lane between Nelson Road and Frontage Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to Nelson Road between Frontage Road and Prince Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
c. Street improvements to Frontage Road between Nelson Road and East Valley
Center Spur/Prince Lane including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
d. Intersection improvements at Prince Lane and Nelson Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Prince Lane and Royal Wolf Way including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Intersection improvements at Prince Lane and Frontage Road Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements at Royal Wolf Way and Nelson Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements to Nelson Road and Frontage Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements to East Valley Center Spur and Frontage Road
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SIDs) 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 Property Owners Association, 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 , 2021.
Ambient Air Solutions, Inc.
By: Garret Gillispie, President STATE OF MONTANA )
):ss County of Gallatin ) This instrument was signed or acknowledged before me this day of , 2021, by Garret Gillispie as President of Ambient Air Solutions, Inc..
(SEAL) ____________________________________ Notary Public for the State of Montana Printed Name: ________________________
Residing at My Commission Expires / /20