HomeMy WebLinkAboutWaiver of Right to Protest - Atwell (DM Draft)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
ATWELL HOTEL – APPLICATION NO.: BP24-00036702
Bozeman 7 RE LLC, the undersigned owner (the “Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows:
Lot 2-C of Amended Plat J-5-D, amending Lot 1B & 2B of Amended Plat J-5-C, Document No. 2412896, located in the SE ¼ of Section 35 of Township 01 South, Range 5 East,
P.M.M., Gallatin County, Montana.
Recording Ref.: Document No. XXXX, Amended Plat J-5-D.
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 good and valuable consideration,
the receipt of which is hereby acknowledged, and in recognition of the impacts to streets and intersections around the project, namely Baxter Lane between 19th Avenue and Simmental
Way which will be caused by the development of the above-described property, the Landowner 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 improvements districts for the design and engineering, construction and maintenance of following improvements:
Street improvements to Baxter Lane between 19th Avenue and Simmental Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
Intersection improvements at 19th Avenue and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
Intersection improvements at Baxter Lane and Simmental Way 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. 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 Landowner agrees to participate in the alternate financing
method for the completion of said improvements on a fair share, proportionate basis 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 and 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.
DATED this _____day of February, 2025.
LANDOWNER:
Bozeman 7 RE LLC
By_________________________________
James M. Kenneally
Manager
STATE OF MONTANA )
: ss.
County of Silver Bow )
The foregoing instrument was acknowledged before me this ___ day of February, 2025, by James M. Kenneally in his capacity as Manager of Bozeman 7 RE LLC.
(SEAL)
________________________________
Notary Public