HomeMy WebLinkAbout20-Mill Bldg Reno SID Waiver Form 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
[24585 Mill Building Renovation Site Plan]
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot C1 of the Amended Plat of Lot ‘A’, Lot ‘B’, and Lot ‘C’, Block 105, Northern Pacific
Addition to the City of Bozeman, located in the SE1/4 of Section 6, Township 2 South, Range
6 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat
thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. (Plat Reference: C-23-A52)
IN CONSIDERATION of receiving site plan 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 [Sewer Mains] 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:
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a) Sanitary sewer improvements in East Cottonwood Street to the existing 6-inch pipe
including surface restoration from the point of connection at East Cottonwood Street and Plum
Avenue to the west.
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 __________________, 202__.
LANDOWNER
_________________________________________
Bangtail Partners LLC
By: Greg Avis
Title: Owner
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the
State of , personally appeared ____Greg M Avis__________, known to me to be the
_Owner__ of ___Bangtail Partners 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)
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ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State
of Montana, personally appeared CHUCK WINN and MIKE MAAS, known to me to be the City
Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the
within instrument, 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)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20