HomeMy WebLinkAboutSID waiver Gallatin Park 061121 1
Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS [GALLATIN PARK MIXED USE SITE PLAN, APPLICATION 21129] The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 4A, Block 1 of the Amended Plat of Lots 3 & 4 Block 1 of Gallatin Park Subdivision, J-300-C, Section 36, T01S, R05E, City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for site plan of 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, and in recognition of the impacts to Manley Road and
Gallatin Park Drive which will be caused by the development of the above-described property, the owner
has waived and does hereby waive for itself, its successors and assigns forever the right to protest the
creation of one or more special districts or special improvement districts for the design and engineering,
construction and maintenance of following improvements:
A. Street Improvements to Manley Road including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage,
B. Street Improvements to Gallatin Park Drive including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage,
C. Intersection Improvements to Manley Road and West Griffin Drive,
2
D. Intersection Improvements to Gallatin Park Drive and Manley Road.
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district 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 special district or special improvement district 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 the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
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.
LANDOWNER LANDOWNER
_____________________________________ ______________________________ Donald W. Olsson, Member of RB53, LLC Jon Evans, Member of RB53, LLC By: By:
STATE OF MONTANA ) :ss COUNTY OF GALLATIN )
3
On this ________ day of ____________________, 2021, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Donald W. Olsson, who acknowledged to me that he is a
Member of RB53, LLC and that he, in such capacity, being authorized to do so, executed the foregoing instrument for the purposes therein contained pursuant to the authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) _________________________________________ (Printed Name Here)
Notary Public for the State of _________
Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year)
On this ________ day of ____________________, 2021, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jon Evans, who acknowledged to me that he is a Member of RB53, LLC and that he, in such capacity, being authorized to do so, executed the foregoing instrument for the purposes therein contained pursuant to the authority vested in him.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)
_________________________________________
(Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________
(Use 4 digits for expiration year)