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HomeMy WebLinkAbout25 - Waivers of Right to Protest - Light Conversion-USA Inc. & Altos Photonics, Inc. - Northern Pacific Addition, Block 116, Tract 24A Inter-office Orieinalto: City of Bozeman City Clerk Po 1230 2846934 Bozeman MT 59771-1230 Page: 1 of 4 03/21J2025 ©8:14:59 RM Fee $32.00 Eric Semerad - Gallatin County, MT MISC I IIIII III 11111111111111111 IN 11111111111111111111111111 III 111111111111111111 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS ALTOS PHOTONICS SITE PLAN APPLICATION 24545 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Northern Pacific Addition, S06, T02 S, R06 E, Block 116, Tract 24A IN CONSIDERATION of receiving approval for the 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 North Rouse Avenue and East Tamarack 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 North Rouse Avenue from East Lamme Street to Bond Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b) Street improvements to West Tamarack Street from North Grand Avenue to Ida Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c) Street improvements to East Peach Street from North Grand Avenue to Plum Avenue 1 2846934 Page 2 of 4 03/21/2025 08.14.59 AM including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. d) Street improvements to East Oak Street from North Rouse Avenue to North Tracy Avenue Alignment including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e) Intersection improvements at East Oak Street and North Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f) Intersection improvements at East Tamarack and North Rouse Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. g) Intersection improvements at East Peach Street and North Rouse 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. 2 2846934 Page 3 of 4 03/21/2025 08.14.59 AM 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 12025. Light Conversion-USA Inc. Altos Photonics,Inc. /' 4 By: Lucian Hand Title: President STATE OF MQ h1-cj r) ) :ss COUNTY OF(sak\oti 1n ) On this 6 day of _;t Hrvar� , 204 before me,the undersigned, a Notary Public for the State of Montana,personally appeared Lucian Hand, known to me to be the President of Altos Photonics, Inc. that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of Light Conversion-USA Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) "' SABINE GRATCH 3CAb( Y�2 (AMK_V� °Pg�NE GRq�c,' Notary Public (Printed Name Here) osnaiq�?=for theState of Montana Notary Public for the State of}��( -- = Residing at: *_ = Residing at W�e xv-A n MT�.SEAL:�Q Bozeman, Montana , ,_ 9 P: My Commission Expires: My Commission Expires:o I 1 Zq(2�Zg �oF Me January 24, 2028 (Use 4 digits for expiration year) 3 2846934 Page 4 of 4 03/21/2025 08.14.59 AM ACCEPTED: 01'h CITY OF OAN 31�I� By kS,sTA-7`I 7 i anager ATTEST: oil/ !�, Et u," City Urk 3/AI�1< STATE OF MONTANA ) r1N- ss. County of Gallatin ) On this day of V_- G\-F , 2VS , before me, a Notary Public for the State of Montana, personally appeared and , known to me to be the g �}�Ex A65i_•rpM City Manager and City Clerk for the City of Bozeman and t e persons whose names are subscribed to �yi BY e wi in ins rument, 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) i 6 MIKE MAAS Notary Public for the State of Montana °''e?�``E AqS'<; Notary Public �^ Np7aa1,q for the State of Montana Residing at: .SEAL.-'*= Belgrade, Montana (Printed Name) �p�p� o9�OF ? ' My Commission Expires: Residing at gozoman, Montana November 8,2025 My Commission Expires: 4