HomeMy WebLinkAbout90- SID for Traffic Control on N. 7th Ave. and Oak St. f ll.M 122 PACAG23
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR INSTALLATION OF A TRAFFIC CONTROL
DEVISE AT EITHER THE INTERSECTION OF NORTH 7TH AVENUE AND
OAK STREET OR THE INTERSECTION OF NORTH 7TH AVENUE AND BIRCH STREET
I , as the undersigned authorized representative of the lessee
of the real property situated in the County of Gallatin , State of
Montana, and more particularly described as follows :
Lots 1 and 2 of Block 4 , Westlake ' s Fourth Subdivision
in the City of Bozeman , Montana, and more commonly known
as the site of the K mart retail store at 1126 North 7th
Avenue, Bozeman . Montana.
IN CONSIDERATION of receiving conditional approval of a Major
Site Plan Application to construct a 26 , 000 square-foot addition
to an existing retail store from the City of Bozeman , along with
accompanying rights and privileges and for other and valuable
consideration , the receipt of which is hereby acknowledged , in
recognition of the traffic impacts that will be generated by the
development of the above-described property , have waived and do
hereby for K mart Corporation , its personal representatives,
successors and assigns, waive the right to protest the creation of
one or more special improvement districts for the installation of
a traffic control device at either the intersection of North 7th
Avenue and Oak Street or the intersection of Birch Street and North
7th Avenue, or to make any written protest against the proposed
work or against the extent or creation of the district to 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 . The waiver will be exercised
when future traffic counts demonstrate a signal in this area is
needed , or in conjunction with FAU project -- 19th and Oak ; and
participation in said SID will be limited to a prorata share based
on the findings of an independent traffic impact study.
This waiver shall be a personal covenant of K mart Corporation
and shall expire on January 31 , 2025 .
1
F H 122 P►ACEN24
I warrant that I am the legally authorized representative for
K mart Corporation which is lawfully possessed of the real property
described above and that K mart Corporation has a lawful right to
enter into this Waiver .
The terms, covenants, and provisions of this waiver shall
extend to and be binding upon the heirs, executors , administrators ,
personal representatives, successors and assigns of the parties
hereto.
DATED this /Z �R day of
Mike Skiles , Vice President
K mart Corporation
STATE OF MICHIGAN )
: ss
County of Oakland )
On this / day of 19_Z2, before me, a
Notary Public for the State 'o Michigan , personally appeared Mike
Skiles , known to me to be the Vice President of K mart Corporation ,
wM,o executed the foregoing Waiver of Protest, and acknowledged to
mQ that he executed the same for an on behalf of said corporation .
'a 1
} IN WITNESS WHEREOF , I have hereunto set my hand and set my
seal the day and year first above written .
14�.
Notv,'Y" Pgb1 i c for the State of
., ;"i gan
ROS`a d�[h g at
" '414y- Commission Expires :
1RENF F. HAMMOND
Notary Public Macomb County Michigan
My commission expires 7/24/91
Acting in Oakland County
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PI[ u 1.22 PAU1625
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR CURB, GUTTER , SIDEWALK, AND STREET IMPROVEMENTS_
EQUAL TO ONE-HALF A LOCAL STREET STANDARD
TO NORTH 5TH AVENUE BETWEEN OAK AND HEMLOCK STREETS
I , as the undersigned authorized representative of the lessee
of the real property situated in the County of Gallatin , State of
Montana, and more particularly described as follows :
Lots 1 and 2 of Block 4, Westlake ' s Fourth Subdivision
in the City of Bozeman , Montana, and more commonly known
as the site of the K mart retail store at 1126 North 7th
Avenue , Bozeman. Montana.
IN CONSIDERATION of receiving conditional approval of a Major
Site Plan Application to construct a 26 , 000 square-foot addition
to an existing retail store from the City of Bozeman , along with
accompanying rights and privileges and for other and valuable
consideration , the receipt of which is hereby acknowledged , in
recognition of the traffic impacts that will be generated by the
development of the above-described property, have waived and do
hereby for K mart Corporation , its personal representatives ,
successors and assigns, waive the right to protest the creation of
one or more special improvement districts for curb, gutter ,
sidewalk , and street improvements equal to one-half of a local
street standard to North 5th Avenue between Oak and Hemlock
Streets, or to make any written protest against the proposed work
or against the extent or creation of the district to 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 .
This waiver shall be a personal covenant of K mart Corporation
and shall expire on January 31 , 2025 .
I warrant that I am the legally authorized representative for
K mart Corporation which is lawfully possessed of the real property
described above and that K mart Corporation has a lawful right to
enter into this Waiver .
1
122 PACAG26
The terms , covenants , and provisions of this waiver shall
extend to and be binding upon the heirs , executors , administrators,
personal representatives , successors and assigns of the parties
hereto.
DATED this lr1 "—day of 19 /'-c' .
17
"Mike Skiles, Vice President
K mart Corporation
STATE OF MICHIGAN )
: ss
County of Oakland )
On this /� ' day of 19L, before me, a
Notary Public for the State o Michigan, personally appeared Mike
Ski les , known to me to be the Vice President of K mart Corporation ,
who executed the foregoing Waiver of Protest, and acknowledged to
me that he executed the same for an on behalf of said corporation .
IN WITNESS WHEREOF , I have hereunto set my hand and set my
seal the day and year first above written.
o'tra`r,y,. Public for the State of
j gan
Rei di ng, at
,;,•� My Cornmi�;sion Expires:
(SEAL-) IRENE F. HAMMOND
"K• Notary Public Macomb County Michigan
My commission expires 7/24/91
Acting in Oakland County
,OEXEU
242400
'tit 0( ►llttnt., courty of Belle in. as F09d tar rsrcrd An i 1 7
_,� 2 : 30P , it2 i iC ;P. f ir+: 122 Of MISCELLANEOUS A% 1�2a
«� rf/AW_ s
Fee : $24 . 00 /
Rt : City of Bozeman
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