HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID - RTR Holdings II, LLC - South University District Phase 3 J-695
After recording,return to: EH 61 ED
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771 2747636
Page 1 of 2 08/24/2021 01:20:30 PM Fee; $26.00
Eric Semerad - Gallatin County, MT MISC
111111�1111 III�111I II 11111 IIII�111111111II 1111�11111�1 I1111�111 PI �111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR RTR Holdings II LLC by Three River Capital LLC its manager
We, the undersigned Owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: South University District Phase 3 Major
Subdivision
IN CONSIDERATION of receiving Final Plat 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 impacts to the City transportation and infrastructure systems
that will be generated by the development of the above-described property at South University District
Phase 3 Major Subdivision,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:
1. Street improvements to South 19th Avenue including paving curb/gutter, sidewalk lighting
and storm drainage,
2. Street improvements to West Kagy Boulevard including paving, curb/gutter, sidewalk
lighting and storm drainage, and
3. Intersection improvements to the intersection of South 19a'Avenue and West Kagy Boulevard
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 Zlr-,_day of j , 20 7- .
Z-�
By
Title
STATE OF MON
DAP :ss )
County of Galhtti�1
�On this day of 5u14 , 20�1 before me, a Notary Public for the State of
MoRUR personally appeared &zr,r�ag. R. ffee.V known to me to be the
H(.ew6w of 'TV re RN,, (fin 1-t LGG ,the corporation that executed the
foregoing Waiver 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.
db
DAMIAN JEAN-PIERRE
(SEAL) .°` Notary Public-California
Morin County
Commission#2320602
Fay~' My Comm.Expires Feb 20,2024
'`I c
otary Public for the State of & -Cnl����:�.
(Printed Name)
Residing at Ka.,� C°rsuH
My Commission expires: 01/ Z O /20 Zy