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HomeMy WebLinkAbout020_SID WAIVER SID WAIVER - DRAFT HOTELSPR SUBMITTAL I THE BOZEMAN BLOCK A I Tracys Third Addition,Lot 2A,Block A Plat : D 0.37 acre and Lot 3A,Block A,Plat D 0.72 acre PARTNERS 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 HOTEL BOZEMAN—APPLICATION#23185 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 2A and 3A, Block A of Amended Tracy's Third Addition to Bozeman [Plat C-18- IN CONSIDERATION of receiving site plan approval 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 Beall St., Lamme St., Villard Street,Willson Ave.,Black Ave., Grand Ave., Tracy Ave., Peach St. Main St.,Mendenhall St.,Rouse Ave.,and 7'Ave.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: 1. Street improvements to Beall Street between Rouse Avenue and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 1 2. Street improvements to Lamme Street between Rouse Avenue and 7th Avenue including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. 3. Street improvements to Villard Street between Bozeman Avenue and 7th Avenue including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. 4. Street improvements to Willson Avenue between Main Street and Peach Street including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. 5. Street improvements to Black Avenue between Main Street and Peach Street including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. 6. Street improvements to Grand Avenue between Main Street and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 7. Street improvements to Tracy Avenue between Main Street and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 8. Street improvements to Peach Street between Rouse Avenue and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 2 9. Street improvements to Main Street between Rouse Avenue and 7th Avenue including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage. 10. Intersection improvements at Mendenhall Street and Black Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 11. Intersection improvements at Mendenhall Street and Grand Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 12. Intersection improvements at Mendenhall Street and Tracy Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 13. Intersection improvements at Mendenhall Street and Grand Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 14. Intersection improvements to Tracy Avenue and Peach Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 15. Intersection improvements to Black Avenue and Peach Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 3 16. Intersection improvements to Grand Avenue and Peach Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 17. Intersection improvements to Willson Avenue and Peach Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 18. Intersection improvements to Rouse Avenue and Lamme Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 19. Intersection improvements to 7th Avenue and Lamme Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 20. Intersection improvements to 7th Avenue and Beall Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 21. Intersection improvements to 7th Avenue and Villard Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 22. Intersection improvements to 7th Avenue and Mendenhall Street including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 4 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. 5 DATED this day of , 2024. Hotel Bozeman Building LLC,Grantor By: Hotel Bozeman Partners LLC Its Managing Member By: Andrew Holloran, 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 ,known to me to be the of Hotel Bozeman Partners,LLC,the Managing Member of Hotel Bozeman Building,LLC,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) 6