HomeMy WebLinkAbout020-Draft SID waiver1
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
BCPC FACILITY - COB# 25755
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
GALLATIN PARK SUB, S36, T01 S, R05 E, BLOCK 2, Lot 12, ACRES 2.01, PLAT J-300 PLUS OPEN SPACE
IN CONSIDERATION of receiving approval for site plan development 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
STREET AND INTERSECTION IMPROVEMENTS 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:
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage facilities,
for:
a) GALLATIN PARK DR. b) MANLEY ROAD BETWEEN GRIFFIN DR. AND GALLATIN PARK DR.
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c) INTERSECTION IMPROVEMENTS AT GRIFFIN DR. AND MANLEY RD.
c) INTERSECTION IMPROVEMENTS AT GALLATIN PARK DR. AND MANLEY RD.
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 , 2026.
LANDOWNER
ELLIOT MARCILLE, MEMBER BOZEMAN CLASSIC PICKLEBALL CLUB, LLC STATE OF MONTANA )
:ss COUNTY OF GALLATIN ) On this day of , 2026, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared Elliot Marcille, member of Bozeman Classic Pickleball
Club, LLC, known to me to be the landowner 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)