HomeMy WebLinkAboutAppendix I Draft Waiver of SID 04-16-2021
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: Delaney and Company, 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 5 of Minor Subdivision 344, located in
the North Half of Section 8, T. 2 S., R. 6 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
Palisade at 130 Village Crossing Way site plan (COB #21-076), 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 Village Downtown Boulevard including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Village Crossing Way including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Broadway Avenue between Village Downtown
Boulevard and Main Street including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Village Crossing Way and Village Downtown
Boulevard including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and storm drainage.
e. Intersection improvements at Village Downtown Boulevard and Broadway
Avenue including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and storm drainage.
f. Intersection improvements at Mendenhall Street and Broadway Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk,
and storm drainage.
g. Intersection improvements at Broadway Avenue and Main Street 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.
Delaney and Company, Inc.
By:
Michael Delaney, President
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this day of ,
2021, by Michael Delaney as President of Delaney and Company, Inc.
(SEAL)
____________________________________
Notary Public for the State of Montana
Printed Name: ________________________
Residing at
My Commission Expires / /20