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HomeMy WebLinkAbout015 - Appendix N - SIDWaiverDraft_08252021 2 a. Street improvements to N. 7th Avenue b. Street improvements to N. 8th Avenue c. Street improvements to Durston Road d. Street improvements to Oak Street e. Intersection improvements to Oak and 7th Avenue f. Intersection improvements to W Juniper Street and 7th Avenue g. Intersection improvements to W Aspen Street and 7th Avenue h. Intersection improvements to Durston and 8th Avenue 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. 3 DATED this _____ day of ____________________, 20 . LANDOWNER ______________________________________________ By: 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_____________________________, known to me to be the landowner 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)