HomeMy WebLinkAbout15c Waiver of right to protest SID for Furguson 9-24-19
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NWX, LLC
1735 S 19 th Ave
Bozeman, MT 59718
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO
FERGUSON AVENUE INCLUDING PAVING, CURB/GUTTER, SIDEWALK, AND STORM
DRAINAGE
We, the undersigned Owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE ¼ OF S4 T02S, R05E,
P.M.M. GALLATIN COUNTY, MT
IN CONSIDERATION of receiving approval for Master Site Plan 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, in recognition of the impacts to
FERGUSON AVENUE INCLUDING PAVING, CURB/GUTTER, SIDEWALK, AND STORM
DRAINAGE that will be generated by the development of the above-described property, have waived
and do hereby for ourselves, our heirs, personal representatives, successors and assigns, the right to
protest the creation of one or more special improvement districts for the construction and maintenance
of following improvements: PAVING, CURB/GUTTER, SIDEWALK, LIGHTING, AND STORM
DRAINAGE FACILITIES FOR FERGUSON AVENUE , or to make any written protest against the
proposed work or against the extent or creation of the districts 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.
In the event an SID 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 square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited partnership, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATED this _____ day of ____________________, 2019.
LANDOWNER
______________________________
NWX LLC
By: Bryan Klein, Manager
STATE OF MONTANA )
:ss )
County of Gallatin )
On this _____ day of _______________, 2019, before me, a Notary Public for the State of
Montana, personally appeared _______________________________ known to me to be the
_________________________ of , the corporation that executed the
foregoing Waiver of Right to Protest, and acknowledged to me that he/she executed the same for and 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.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires: / /20