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HomeMy WebLinkAboutWaiver of SID_04-09-2021 Return Document to: Bozeman City Clerk P.O. Box 1231 Bozeman, MT 59717-1231 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: VAL Holdings, LLC I, the undersigned Owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 9, Block 2 of NELSON MEADOWS SUBDIVISION, [Plat J-680], located in the Southeast Quarter of Section 22, T. 1 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving final plan approval from the City of Bozeman for the Midwest Welding and Machine site plan (COB #20429), along with accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to City transportation and infrastructure systems that will be generated by the development of the above-described property, do hereby for ourselves, our heirs, personal representatives, successors and assigns, waive the right to protest the creation of one or more Special Improvement Districts (SIDs) for the following: a. Street improvements to Prince Lane between Nelson Road and Frontage Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Nelson Road between Frontage Road and Prince Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Frontage Road between Nelson Road and East Valley Center Spur/Prince Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Prince Lane and Nelson Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Prince Lane and Royal Wolf Way including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Prince Lane and Frontage Road Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements to Nelson Road and Frontage Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements to East Valley Center Spur and Frontage Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. Or to make any written protest against the proposed work or against the extent or creation of the districts (SIDs) 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 Property Owners Association, provided however this waiver shall apply to the lands herein described. 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 , 2021. VAL Holdings, LLC By: Val Lint, President STATE OF MONTANA ) ):ss County of Gallatin ) This instrument was signed or acknowledged before me this day of , 2021, by Val Lint as President of VAL Holdings, LLC. (SEAL) ____________________________________ Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20