HomeMy WebLinkAbout024_SIDwaiver 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 DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
MAIN STREET HOTEL APPLICATION NO 22176
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACYS 1ST ADDITION, S12, T02 S, R05 E, BLOCK E, LOT 1-9, PLUS E2 LOT 10 AND
ALL LOTS 40-46 AND VAC ALLEY ADJ TO LOTS 3-9 & LOTS 40-46
IN CONSIDERATION of receiving approval for 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 Mendenhall Street, Main Street, 5th
Street, and 7th Street 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:
a) Street improvements to Mendenhall Street from 7th Avenue to Rouse Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage,
b) Street improvements to 5th Avenue from Main Street to Peach Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage,
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c) Intersection improvements to 7th Avenue and Mendenhall Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
d) Intersection improvements to 7th Avenue and Main Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
e) Intersection improvements to 5th Avenue and Main Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
f) Intersection improvements to 5th Avenue and Mendenhall Street 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 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.
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DATED this _____ day of __________________, 2024.
Vice President of Bozeman Exchange Associates, LLC
______________________________________________
Bozeman Exchange Associates, LLC
By: Kim Brown
Title: Vice President
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2024, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared____Kim Brown________________, known to me to be
the Vice President of Bozeman Exchange Associates, LLC that executed the within instrument, and
acknowledged to me that they executed the same for and on behalf of Kim Brown, known to me to be
the Vice President of Bozeman Exchange Associates, LLC.
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)