HomeMy WebLinkAbout076 SID Waiver CorporateInter-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
22288 BG MILL CONDOS
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows:
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, Lot 1, ACRES 0.5123, PLAT C-23-A11
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 and valuable consideration,
the receipt of which is hereby acknowledged, and in recognition of the impacts to streets and intersections 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 following improvements:
Street improvements to East Mendenhall Street including paving, curb/gutter, sidewalk, and storm drainage
Street improvements to North Broadway Avenue including paving, curb/gutter, sidewalk, and storm drainage
Street improvements to East Main Street including paving, curb/gutter, sidewalk, and storm drainage
Intersection improvements to East Mendenhall Street and North Broadway Avenue
Intersection improvements to East Main Street and North Broadway Avenue
Intersection improvements to East Main Street and Highland Boulevard
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 October, 2023.
LANDOWNER
_________________________________________
BG MILL, LLC.
By: ___________________
Title: __________________
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the State of , personally appeared _____________________________, known to me
to be the ___________ of BG MILL, 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
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