HomeMy WebLinkAboutSID_Waiver_NotSigned_090121
Inter-office Original to:
City of Bozeman
City Clerk PO Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BILLINGS CLINIC BOZEMAN CAMPUS ANNEXATION AND ZONE MAP AMMENDMENT
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Portion of Lot 2A-1 of Minor Subdivision 221F, Section 26, T1S, R5E, P.M.M.
Gallatin County, Montana.
IN CONSIDERATION of receiving approval for the Annexation and Zone Map
Amendment 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, in recognition of the impacts to traffic and utilities that will be
generated by the development of the above-described property have waived and does
hereby for itself, successors and assigns, 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 the following improvements:
a) Street improvements to East Valley Center Road including paving,
curb/gutter, sidewalk, lighting and storm drainage
b) Street improvements to North 27th Avenue including paving, curb/gutter,
sidewalk, lighting and storm drainage
c) Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
d) Street improvements to West Lake Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
e) Intersection improvements to East Valley Center Road and North 27th
Avenue
f) Intersection improvements to East Valley Center Road and Davis Lane
g) Intersection improvements to East Valley Center Road and Catamount Street
h) Intersection improvements to Catamount Street and North 27th Avenue
i) Intersection improvements to Catamount Street and Davis Lane
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 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 district 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 _____ day of ____________________, 2021.
______________________________ By
Title
STATE OF MONTANA ) :ss )
County of Gallatin )
On this _____ day of _______________, 2021, before me, a Notary Public for the
State of Montana, personally appeared _______________________________ known to me
to be the _________________________ of , 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.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires: / /20