HomeMy WebLinkAbout012 Waiver of Right to Protest SIDInter-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
Eastlake Professional Center Master Site Plan Modification
Application #22-379
The undersigned Owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 1, 2 and 3 of Eastlake Professional Center Subdivision; Located in the SW ¼ of
Section 26, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving Master Site Plan Modification Approval 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
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage which will be caused by the
development of the above-described property, the owner has waiver and does hereby wave 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:
1. Street improvements to N. 27th Avenue between E. Valley Center Road and Catron Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage
2. Street improvements to Catamount St. between Davis Lane and E. Valley Center Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage
3. Street improvements to East Valley Center Road between Catron Street and Catamount
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
4. Intersection improvements at Catamount Street and East Valley Center Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
5. Intersection improvements at Catamount Street and North 27th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
6. Intersection improvements at North 27th Avenue and East Valley Center Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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 other 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 of 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 vent 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 square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
The 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 the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this day of , 20 .
LANDOWNER
By:
Will Ralph
Authorized Representative, BZN Hotel 2 LLC
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of ,20 ___, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared WILL RALPH, known to me to be Authorized
Representative , of BZN Hotel 2, LLC, the landowner, that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of the landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
Notary Public for the State of Montana
Residing at
My Commission Expires: