HomeMy WebLinkAbout010_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
SIMKINS-HALLIN TRACT 3-B SITE PLAN APPLICATION NO 24064
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
S36, T01 S, R05 E, C.O.S. 2153A, PARCEL TRACT 3-B
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 Frontage Road, Mandeville Lane,
Wheat Drive, and 7th Avenue 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 Frontage Road between Reeves Road and Griffin Drive
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage,
b) Street improvements to Mandeville Lane between Wheat Drive and 7th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage,
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c) Intersection improvements at Wheat Drive and Mandeville Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
d) Intersection improvements at Mandeville Lane and 7th Avenue 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.
Northbloc LLC
______________________________________________
Northbloc LLC
By: Brodey Simkins
Title: President and Manager
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 Brodey Simkins, known to me to be the President and
Manager of Northbloc LLC that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of Brodey Simkins, known to me to be the President and Manager
of Northbloc 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)