HomeMy WebLinkAbout027 - Appendix N.1 - DRAFT SID Waiver
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Ferguson Farm II PUD Subdivision
We, the undersigned Owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 5, Minor Subdivision 295, located in the Southeast Quarter of Section 2, Township
2 South, Range 5 East of P.M.M., City of Bozeman. Gallatin County, Montana.
IN CONSIDERATION of receiving PUD approval from the City of Bozeman for the
Ferguson Farm II PUD Subdivision, 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 (SID’s) for the following:
1. Street improvements to Ferguson Avenue including paving, curb/gutter, sidewalk, and
storm drainage.
2. Street improvements to Huffine Lane including paving, curb/gutter, sidewalk, and storm
drainage.
3. Street improvements to Fallon Street including paving, curb/gutter, sidewalk, and storm
drainage.
4. Street improvements to Ravalli Street including paving, curb/gutter, sidewalk, and storm
drainage.
5. Street improvements to Resort Drive including paving, curb/gutter, sidewalk, and storm
drainage.
6. Intersection improvements to Ravalli Street and Fallon Street.
7. Intersection improvements to Resort Drive and Fallon Street.
8. Intersection improvements to Ferguson Avenue and Fallon Street.
9. Intersection improvements to Ferguson Avenue and Huffine Lane.
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID’s) 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 limited liability company, 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 __________________, 202___.
PROPERTY OWNER:
Lot 5 – BOARDWALK PROPERTIES, INC.
__________________________________________
By: __________________________
Its: __________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) On this _____ day of _______________, 202___, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared ____________________, known to me to be
_________________________ of Boardwalk Properties, Inc., a Montana incorporation, and
acknowledged to me that they executed the same for and on behalf of said incorporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL) Notary Public for the State of Montana
Printed Name: ______________________
Residing at _________________________ My Commission Expires:______________
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