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HomeMy WebLinkAboutCity Commission Meeting 5.18.2020 C4 License Agreement with BSF for use of City Property Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Addi Jadin, Parks Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT: License Agreement with Bridger Ski Foundation for the Use of City Property MEETING DATE: May 18, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Interim City Manager to Sign a License Agreement with Bridger Ski Foundation for the Use of City Property BACKGROUND: Bridger Ski Foundation received approval of Site Plan Modification Application 19214 for installation of snow-making equipment and appurtenances, on December 10, 2019. The application is in conformance with the Bozeman Municipal Code and the 2018 Sunset Hills Cemetery Master Plan. The License Agreement authorizes the construction, operations and maintenance of the aforementioned improvements pursuant to the approved Site Plan and the Agreement According to application materials, the disturbance area of the proposal encompasses 4,500 LF of 4" dia. irrigation pipe within a 10' wide trench (45,000 sf) and a 12'x24' pump house (288 sf). This amounts to a total of 45,288 sf or 1.04 acres within the 116-acre Sunset Hills Cemetery. Numerous business and construction professionals have donated In-kind and discounted support to the planning and implementation of this project, including C&H Engineering, Stefan Architects, Sime Construction, Archer Construction, Toyota, Engel Volkers, Chalet/Roundhouse, and others. Numerus Foundations made significant grants to the project, including the Montana Office of Tourism and Business, Tourism Grant Program, and the Ohrstrom Foundation. This project has also been reviewed and is endorsed by the Bozeman and Belgrade Chambers of Commerce, Yellowstone Country Montana tourism region, the Convention and Visitors Bureau (CVB), and Bozeman Yellowstone International Airport. UNRESOLVED ISSUES: N/A ALTERNATIVES: As suggested by the commission. 24 FISCAL EFFECTS: To date, this project has not received a financial contribution from the City of Bozeman. A restoration bond of twenty thousand dollars has been provided as noted in the attached License Agreement. Attachments: License Agreement including Attachments A, B, C and D Report compiled on: May 7, 2020 25 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 1 of 12 AFTER RECORDING PLEASE RETURN TO: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY BY THE BRIDGER SKI FOUNDATION This License Agreement (the “Agreement”) is entered into on ___________, 2020 between the City of Bozeman, a self governing municipality operating pursuant to its Charter and the laws of the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”) and Bridger Ski Foundation, a nonprofit Montana corporation, with a mailing address of P.O. Box 1243, Bozeman, MT 59771 (hereinafter “BSF” or the “Licensee”, and together with the City the “Parties”). In consideration of Licensee’s promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. The City owns the real property described in Exhibit A (the “Property”) and desires to authorize Licensee to access the Property for purposes of completing, operating and maintaining certain improvements to the Property pursuant this Agreement and Licensee’s approved site plan, Application 19214 (“Site Plan”). The conditions of the Site Plan are hereby incorporated and made a part of this Agreement by this reference. The Site Plan improvements generally described in Application 19214 consist of: The addition of a 408 square foot pump house, three underground cisterns that will draw water from a groundwater well with a groundwater certificate and water right number of 41H 30021030, and approximately 4,000 linear feet of buried pipeline used for snowmaking in the winter as detailed in the application file. (the “Improvements”). This Agreement must be amended upon any future modification of the approved Site Plan. This License is not for BSF’s use of the property for ski trail grooming, which will be subject to a separate user agreement with the City. 2. Description of Licensed Property. The portion of the Property subject to this Agreement consists of the real property shown in Exhibit B (“Licensed Property”). 26 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 2 of 12 3. Title. Licensee hereby acknowledges this Agreement grants a privilege and not an interest in the Licensed Property and the title of the City to the Licensed Property, and Licensee agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Licensed Property by virtue of this Agreement or Licensee’s occupancy or use hereunder. The City may enter the Licensed Property at any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the Licensee authorized by this Agreement. 4. License for Construction and Installation of Improvements; Term. The City hereby grants permission, revocable and terminable as provided herein, during period commencing on the Effective Date and expiring on November 30, 2020 on the terms and conditions set forth herein, which Licensee promises to comply with and abide by to Licensee for Licensee’s fulfillment of its obligations as stated in this Agreement and/or the conditions of the Site Plan, which Licensee promises to comply with and abide by (the “Construction License”). The Construction License consists of permission for Licensee to use the Licensed Property and such use of the Property outside the area of the Licensed Property as is reasonably necessary for construction and installation of the Improvements pursuant to the Site Plan. Construction of Improvements not in compliance with the Site Plan shall be considered a breach of the Construction License. The term of the Construction License may be extended by mutual agreement of the Parties in writing. The City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Construction License. 5. License for Maintenance and Operation of Improvements; Term. The City hereby grants permission, revocable and terminable as provided herein, during the five (5) year period commencing on the Effective Date on the terms and conditions set forth herein, to Licensee for Licensee’s fulfillment of its obligations as stated in this Agreement, the conditions of the Site Plan, and Licensee’s Operating Plan which Licensee promises to comply with and abide by. Such permission shall include the permission of Licensee to use the Licensed Property for ongoing maintenance, repair, and operation of the Improvements (“Operations License”). Maintenance or operation of the Improvements not in compliance with the Site Plan or Licensee’s Operating Plan, attached hereto as Exhibit C and by this reference made a part hereof, or inconsistent with Groundwater Certificate and Water Right 41H 30021030, attached hereto as Exhibit D and by this reference made a part hereof, shall be considered a breach of the Operations License. 27 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 3 of 12 The term of the Operations License will renew automatically for one additional five (5) year term, and thereafter will renew automatically for additional terms of one year unless the Operations License is terminated as provided herein. Licensee agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to operations on the Property pursuant to this Agreement as well as those of any other governmental entity having jurisdiction. 6. Indemnification/Insurance. a. To the fullest extent permitted by law, Licensee, recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City, occasioned by, growing or arising out of or resulting from or in any way related to: (i) the occupation or use of the Property by Licensee; (ii) the negligent, reckless, or intentional misconduct of the Licensee, its officers, employees, or agents on or related to the Property; and (iii) any negligent, reckless, or intentional misconduct of any of the Licensee’s guests, invitees, contractors, or subcontractors on or related to the Property. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Licensee’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Licensee to assert its right to defense or indemnification under this Agreement or under the Licensee’s applicable insurance policies required 28 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 4 of 12 below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Licensee was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City, the City may elect to represent itself and incur all costs and expenses of suit. The obligations of this Section 5(a) shall survive termination of this Agreement. b. In addition to and independent from the above, during the term of this Agreement Licensee shall at Licensee’s expense maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the Licensee in Section 5(a). The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Licensee in Section 5(a). Within ten (10) days following execution of this Agreement, Licensee shall provide City with proof of such insurance in the form of a certificate of insurance, the insuring agreement and all applicable endorsements demonstrating that such insurance is in full force and effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. The City may require additional evidence of the nature and scope of the insurance required herein. Licensee shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. Licensee shall notify the City within two (2) business days of Licensee’s receipt of notice that any required insurance coverage will be terminated or Licensee’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. c. Licensee shall obtain the following type of insurance in the amount indicated: • Workers’ Compensation: not less than statutory limits; and 29 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 5 of 12 • Employers’ Liability: $1,000,000 each occurrence; $2,000,000 annual aggregate; • Commercial General Liability: $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability: $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; • Additional coverage as may be reasonably required by the City from time to time. For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability and Automobile Liability policies. 7. Construction/Restrictions/Repair and Maintenance. a. Licensee shall, at its sole cost and expense, install and maintain in good condition a barrier fence or other suitable and customary barrier around the perimeter of any portion of the Licensed Property currently under construction by Licensee. The barrier shall be installed pursuant to a plan, approved in advance by the City’s Director of Parks and Recreation, or its designee. Any such barrier shall be provided for in a manner to ensure emergency responders’ access. b. For the use of any public rights-of-way or any real property of the City other than the Licensed Property the Licensee shall obtain an encroachment permit from the City’s Director of Public Works or other applicable approvals. c. Licensee shall keep the adjacent private and public properties including streets, alleys, and sidewalks free from construction debris and other materials stored or located on the Licensed Property. Sediment, rock, mud, and other debris entering upon public or private property outside the Licensed Property from the Licensee’s project shall be cleaned or removed immediately. d. Licensee agrees to immediately repair any damage caused by Licensee, its agents, invitees, guests, contractors or subcontractors to any public or private property outside the Licensed Property including but not limited to streets, curbs, sidewalks, and other infrastructure to, for public infrastructure, the current City standard for that infrastructure and, for privately owned infrastructure, to a condition acceptable to the owner of such private infrastructure. Licensee agrees to timely comply with any request of the City 30 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 6 of 12 to perform maintenance and repairs to streets, curbs, sidewalks and other infrastructure damaged by Licensee or Licensee’s agents, invitees, guests, contractors, or subcontractors. e. Any damage to the Property shall be repaired to a condition acceptable to the City. Maintenance or repair work to the Property shall be performed to the City’s reasonable satisfaction. 8. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or suffer to be committed, any waste on the Property, nor shall Licensee maintain, commit, or permit the maintenance of any nuisance on the Property or use the Property for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the Property which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the Property, which are or may hereafter be enacted or promulgated by any public authority. 9. Hazardous Materials. Licensee agrees and represents that it shall not store or dispose of on the Site any “Hazardous Materials” as defined by Federal, State or local law as from time to time amended. 10. Signage. Licensee, nor any of its agents may not install any signage except as authorized pursuant to the Site Plan or as may otherwise be approved by the City’s Representative. 11. Restoration. a. Within 30 days upon completion of the Licensee’s use of the Licensed Property or within 30 days of termination of this Agreement pursuant to Section 12, whichever is earlier, and under no circumstances later than April 1, 2021, the Licensee shall cause the Licensed Property to be fully restored to the condition existing at the date of execution by the City including reinstallation of personal property of the City removed by Licensee. Restoration is at the discretion of the City and may include but is not limited to such reinstallations and also grading, repairs to failed sub-grade, reconstruction of accesses, fencing, and water systems. In addition, Licensee shall restore damage it or its agents, invitees, guests, hires, contractors or subcontractors cause to other public or private infrastructure adjacent to the Licensed Property to a condition as good or better than existed prior to Licensee’s occupation of the Licensed Property. All work to restore the Licensed Property shall comply with applicable building codes and the City’s design and construction standards, except to the extent that the Existing Condition, as explained below, does not comply with such codes and standards. Licensee may be required to enter into a contract with the City for 31 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 7 of 12 such work. Licensee may cause their contractors or other agents to conduct such restoration but in no case shall Licensee be relieved of its obligation under this Section until such restoration is accepted by the City. b. Unless waived by the City Representative, prior to Licensee occupying the Licensed Property, the City’s Representative and Licensee shall perform an inspection of the Licensed Property and adjacent public and private infrastructure with video and/or photographs to record the condition of the Licensed Property and/or public or private infrastructure (the “Existing Condition”). c. The City retains the right to approve any plans for and to inspect work done under this Section. d. The City and Licensee may enter into an agreement prior to the expiration of the term of this Agreement or prior to the end of Licensees’ occupation of the Licensed Property regarding restoration of the Licensed Property to a condition different from the Existing Condition. Such agreement may address: (i) improvements to the Site in addition to or different than the Licensees’ obligations for restoration/repair under this Agreement; (ii) the City’s contribution of funds to such improvements; and (iii) other duties and obligations of the Licensees regarding restoration and repair of the Licensed Property. Nothing in such an agreement will reduce the obligations of Licensees under this Agreement. e. Site Restoration Security. The Licensee, or any one of them, shall provide the City security for Licensee’s restoration requirement through a form acceptable to the Bozeman City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain a good and sufficient site restoration performance bond payable to the City of Bozeman. The security shall be for the complete restoration of the Site as required by this Section in an amount equal to twenty thousand dollars ($20,000.00). Such security shall be conditioned on the City’s determination whether required restorations have been satisfactorily completed. Licensee may substitute such security upon a written requested directed to the City’s Representative and upon approval by the Bozeman City Attorney. Release of the security to Licensee upon satisfaction of their restoration obligations shall be upon written request of the Licensee providing the security and must be authorized in writing by the City’s Representative. 32 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 8 of 12 12. Termination. a. If Licensee fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may, at its option, terminate this Agreement and be released from all obligations if the Licensee’s default is not cured within sixty (60) calendar days after written notice of the default is provided by the City to the Licensee. Said notice shall set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any default may result in an order by the City’s Representative for the Licensee to cease all operations and remove all personal property from the Property immediately. b. After the initial five-year term of the Operations License, either party may terminate this Agreement upon one hundred eighty days (180) days prior written notice to the other party. Upon termination, Licensee shall remove its equipment and non-permanent improvements. All other improvements of a nonpermanent nature and all trade fixtures, machinery and furnishings made or installed by Licensee may be removed from the Property upon written consent of the City, which consent will not be unreasonably withheld, provided such removal will not damage the realty and/or permanent improvements. c. Upon termination of this Agreement, title to all permanent improvements on the Property and on public rights-of-way adjacent to the Property made by Licensee or its agents shall vest in the City, free and clear of all debts, liens and encumbrances. 13. Due Diligence. Licensee shall at all times exercise due diligence in the protection of the City’s property at the Property against damages. 14. Non-discrimination. Licensee agrees that all hiring by Licensee of persons performing this Agreement shall be on the basis of merit and qualifications. The Licensee shall not discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Licensee shall require these nondiscrimination terms of its agents and sub- contractors providing services under this Agreement. 15. Amendment. This Agreement represents the entire understanding between the Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any 33 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 9 of 12 amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 16. Assignment. Licensee may not assign this Agreement in whole or in part and may not sublet all or any portion of the Property without the prior written consent of the City. No assignment will relieve Licensee of its responsibility for the performance of the Agreement (including its duty to defend, indemnify and hold harmless). This license shall not run with the land. 17. Waiver of Claims. Licensee waives all claims against City for injury to persons or property on or about the Property or from its use of the Property. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the Property will be entirely that of the Licensee and that no claim shall be made against the City by reason of any act of an employee, officer, or, agent of the City or any trespasser. 18. Representatives. a. City’s Representative. The City Representative for the purpose of this Agreement shall be Addi Jadin, Manager of Trails, Open Space, and Parks Development, or her successor or designee. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Licensee may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. b. Licensee’s Representative. The Licensee’s Representative for the purpose of this Agreement shall be Evan Weiss. Whenever direction to or communication with Licensee is required by this Agreement, such direction or communication shall be directed to Licensee’s Representative; provided, however, that in exigent circumstances when Licensee’s Representative is not available, the City may direct its direction or communication to other designated employees or agents of Licensee. 19. Permits. Unless otherwise agreed to in writing by the parties, Licensee shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 34 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 10 of 12 20. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the Property. Licensee acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have the right to request proof of such compliance and Licensee shall be obligated to furnish such proof. The City may order removal from the Property of any employee or agent of Licensee or any of its subcontractors for use of intoxicants on the Property. 21. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances to be filed on the Property related to either the Licensee’s use of the Property or the Licensee’s actions pursuant to this Agreement. Prior to the expiration of this Agreement or termination by the City or Licensee as provided herein Licensee shall furnish the City with satisfactory proof that there are no outstanding liens or encumbrances in connection with the Licensee’s use of the Property. 22. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival. Licensee’s indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Waiver. A waiver by City of any default or breach by Licensee of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 26. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35 License Agreement with Bridger Ski Foundation for Sunset Hills Property Page 11 of 12 27. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of Montana, Gallatin County. 28. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 29. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party except the City. 30. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 31. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 32. Independent Contractor. The Parties agree and acknowledge that in the performance of this Agreement Licensee shall not be considered an agent, representative, subcontractor, or employee of the City. The Parties further agree that all individuals and companies retained by Licensee at all times will be considered the agents, employees, or independent contractors of Licensee and at no time will they be the employees, agents, or representatives of the City. 33. Integration. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Recordation. This Agreement shall be recorded in the files of the Gallatin County Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded agreement shall be provided to the City’s Representative. ########### End of Agreement except for signatures ########### 36 37 Exhibit A - License Agreement with Bridger Ski Foundation for Sunset Hills Property EXHIBIT A (Legal Description of Sunset Hills Property) Legal Description S08, T02 S, R06 E, ACRES 65, TR IN SW4 BEING PT OF DRUM LUMMON ADD, PT OF GRANITE ADD & PT OF NOR PAC ADD 38 Exhibit B - License Agreement with Bridger Ski Foundation for Sunset Hills Property EXHIBIT B (Description of Licensed Property) 39 40 Exhibit C - License Agreement with Bridger Ski Foundation for Sunset Hills Property EXHIBIT C (Licensee’s Operating Plan) The well will be fixed at 35 GPM, feeding directly into the cisterns. The well will automatically cycle on and off based on the water level of the cisterns. The primary pump will pull from the cistern at a proposed max discharge rate of 90 GPM. At the maximum discharge of 90 GPM and a fixed recharge rate of 35 GPM, the difference is –55 GPM from the cistern. The system will be able to pull from the cistern at maximum flow for approximately 9.87 hours. When the cistern hits its low level, the VFD will ramp down to a discharge rate of 35 GPM allowing the system to continue to make snow in a low flow mode. During early season snowmaking, the goal will be to make snow at night when it is coldest then shutting the system down during the warmer day time allowing the cisterns time to refill at 35 GPM. The pump station will have a flowmeter to monitor and record all water used for snowmaking. To cover the proposed 6.1 Acre loop with the anticipated 10” of snow will require 1,016,666 gallons or 3.12 acre feet of water. A snow depth of 2 feet will require 2,440,000 gallons or 7.48 Acre feet of water. This note has been included under “General Notes” on sheet C1.0 of application 19214. The applicant has provided a stormwater design report analyzing the additional runoff from the snowmaking system. All runoff will be contained and infiltrated onsite. 41 DESIGN REPORT STORMWATER MANAGEMENT BSF PUMP HOUSE AND IRRIGATION SITE PLAN Prepared for: Bridger Ski Foundation 851 Bridger Drive #4, Bozeman, MT 59715 Prepared by: C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 (406) 587-1115 Project Number: 181263 October 2019 42 INTRODUCTION The BSF Snowmaking improvements is a proposed project located on a 30-acre parcel at Lindley Park in Section 8, Township 2 South, Range 6 East of P.M.M., Gallatin County, City of Bozeman. This project consists of constructing a new pump house and irrigation pipes for the proposed snowmaking system. No new hardscape is proposed with this project. RUNOFF CALCULATIONS We came up with an approximate area of 30 acres at the location of the ski trails. Approximately 9.1 acres (based on 2.86 miles at 30’ wide and the stadium area) of this will be covered with manmade snow that is 10” thick. Using a specific gravity for the manmade snow of .48 that would equate to 199,450 cubic feet of water. In a normal precipitation year, Bozeman receives approximately 20 inches and if you cover the entire site that would be an approximate volume of 2,180,000 cubic feet of water. The snow making would add approximately 9% of the total yearly precipitation to the site. Additionally, the reality is that the system will be utilized much more during a low snow year vs. a big snow year so the overall runoff from the site will be close to evening itself out. Finally, there will not be any impact to the area due to snowmaking as the added snowmaking will just melt during the spring and go into the ground as it does at the site currently due to no new hardscaped areas. Using a conservative estimate of a silty clay soil, the additional runoff of 199,450 cubic feet will take 4 hours to fully infiltrate into the ground. Please see Appendix A for infiltration calculations. 43 APPENDIX A INFILTRATION CALCULATIONS 44 DRAIN DOWN TIME BSF SNOWMAKING SYSTEM 1. Calculate Infiltration Volume Existing Soil Condition Silty Clay Percolation Rate (min/in) 121 (see Circular DEQ 4, Percolation Rate (ft/hr) 0.04 Table 2.1-1) Total Site Area (ft2)1306800 Required Volume for Design Storm (ft3)199,450 Time Req'd for Runoff to Fully Infiltrate (hr)4 45 Exhibit D - License Agreement with Bridger Ski Foundation for Sunset Hills Property EXHIBIT D (Groundwater Certificate and Water Right) 46 47 48 49