HomeMy WebLinkAboutSID Waiver Template_Connected Goods SP (Draft)1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICTOR SPECIAL IMPROVEMENTS DISTRICTS
CONNECTED GOODS SITE PLAN (C.O.B. NO. 23-055)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 5, Block 2, Glen Lake Commerce Subdivision
Located in the SW 1/4 of Section 31, T. 1 S., R. 6 E. of P.M.M., 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 valuable consideration, the receipt
of which is hereby acknowledged, and in recognition of the impacts to City transportation and infrastructure
systems 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 the following improvements:
a) Street improvements to Manley Road including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
b) Intersection improvements to Manley Road and Griffin Drive.
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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 __________________, 202__.
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LANDOWNER
_________________________________________
FSC Holding, LLC
By: Thomas Colbert
Title: Owner
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public
for the State of , personally appeared _____Thomas Colbert____________, known to me
to be the _Owner__ of ___FSC Holding, LLC_________ that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of landowner.
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)
ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
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ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State
of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City
Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year
first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20