HomeMy WebLinkAbout20- Bridger Ski Foundation - Use of City Property AFTER RECORDING PLEASE RETURN TO:
PLATTED
City Clerk
City of Bozeman
PO Box 1230 2687829
Bozeman, MT 59771-1230 Ersic Semerad4- Galla0tinzCoun0tyl#T00 PM FeeMISC68.00
LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY THE BRIDGER SKI FOUNDATION
This License Agreement (the "Agreement") is entered into on &, 19 , 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 41 H 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").
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page I 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 �.
I.
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 b . Such permission shall include the permission of Licensee to use
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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 j
41H 30021030, attached hereto as Exhibit D and by this reference made a part hereof, shall be
considered a breach of the Operations License.
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License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 2 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
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 3 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
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 4 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
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 5 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
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 6 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.
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 7 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
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 8 of 12
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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.
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 9 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.
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License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 10 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 ###########
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 11 of 12
Executed this d414'4"'day of , 2020.
City:
By: --
Dennis M. Taylor
Bozeman Interim City Manager
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the_day of , 20 V by
Dennis Taylor, as Interim City Manager for the City of Bozeman, Montana.
® Notofy Publl® ay 6blic for the State of Montana
#®p# p @tat@ of Montana
. #` feoi�in at: Printed Name:
B�p@mgn, Montana Residing in
rig` ,�ahga 31,2022 My Commission Expires: Q�� 3
Bridger Ski Foundation, a Montana nonprofit corporation:
B G�1�/ ^
Y•
E 'Cu, W55 (Print Name)
IVC- * (Title)
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the$_day of qNj. ,20Zo by
CJcn sky-x �►ti , as Ft"3h,,- are.cf-Y of Bridger Skl oundation.
a
AMANDAKANDERSON (A, —
Notary Public Notary Public for the State of Montana
`for the State of Montana= Residing at: Printed Name: gmend IL Aqdr; Three Forks, Montana My Commission Expires: Residing in
September 15,2021 My Commission Expires: totj
License Agreement with Bridger Ski Foundation for Sunset Hills Property
Page 12 of 12
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
Exhibit A-License Agreement with Bridger Ski Foundation for Sunset Hills Property
EXHIBIT B
(Description of Licensed Property)
Exhibit B-License Agreement with Bridger Ski Foundation for Sunset Hills Property
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0 CITY OF BOMIAN,MONTANA
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 C 1.0 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.
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Exhibit C-License Agreement with Bridger Ski Foundation for Sunset Hills Property
]DESIGN REA PORT
STORMWATER MANAGEMENT
BSF PUMP HOUSE AND IRRIGATION SATE 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
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.
APPENDIX A
INFILTRATION CALCULATIONS
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 (ft) 1306800
Required Volume for Design Storm (ft3)' 199,450
Time Req'd for Runoff to Fully Infiltrate (hr) 4
EXHIBIT 1D>
(Groundwater Certificate and Water Right)
Exhibit D-License Agreement with Bridger Ski Foundation for Sunset Hills Property
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*GROUND WATER CERTIFICATE*
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*30021030*
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Box Bar coae: 95]9]
File say Code: 741052
Scan S ei Created on:
Sheet 7/23/2013
July 17,2006 Page 1 of 2
41 H 30021030 Certificate of Water Right
STATE OF MONTANA
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
1424 9TH AVENUE P.O.BOX 201601 HELENA,MONTANA 59620-1601
CERTIFICATE OF WATER RIGHT
UPON FINDING THE REQUIREMENTS OF SECTION 85-2-301, MCA, HAVE BEEN MET,THIS CERTIFICATE
OF WATER RIGHT IS GRANTED.
Water Right Number: 41 H 30021030 GROUNDWATER CERTIFICATE
Version: 1 --ORIGINAL RIGHT
Version Status: ACTIVE
Owners: BOZEMAN,CITYOF
PO BOX-1230
BOZEMAN,MT59771-1230 %z
Priority Date: MARCH 31,2006 at 12:15 P.M.
Enforceable Priority Date: MARCH 31,2006 at 12:15 P.M. --
Purpose(use): IRRIGATION ,z
OTHER PURPOSE
Maximum Flow Rate: THIS RIGHT'IS LIMITED TO THE ACTUAL AMOUNT USED UP TO 35 GALLONS PER
MINUTE.
Maximum Volume:- -THIS RIGHT IS LIMITED TO THE ACTUAL AMOUNT•USED UP TO 10 ACRE-FEET.
Source:
Source Name: : 'GROUNDWATER
Point of Diversion and Means,of,Diversion:
\ ti
ID •,.Govt Lot tr Sec Sec Twp: Rge. Coun a .
1
"`j `` SWSW 8 2S ' 6E GALLATIN
version''Means: ;WELC
Subdivision:\ DRUM LUMMON ADD TRACT/LOT:8�!BLOCK: 10
P Well Depth: 493.00,FEET
Static Water Le vels 91:00'FEET
CasingDiameter �8�Q0 INCHES
Period of Diversion:'_ f'JANUARY.1 to DECEMBER 31.- -
Purpose(Use): '.IRRIGATION _
Irrigation Type: x+SPRINKLER- - _
' Period of Use:' _APRIL:14o OCTOBER 31
Place of Use:
ID Acres Govt'Lot Otr Sec Sec TtYp Rge Coun �.
1 SWSW 8 2S.. 6E GALLATIN
�.r_Subdivision: = DRUM LUMMON ADD TRACT/LOT 8,13LOCK:10'
Purpos'e(Use): OTHER.PURPOSE Purpose Clarification:SNOWMAKING FOR .
BRIDGER SKI FOUND.
Period of Use:, NOVEMBER 1 to MARCH 31 X r 3
Place of Use:
ID Acres Govt Lot tr Sec• Sec Twp Rge Coun
1 SWSW 8-- _— 2S 6E GALLATIN
Subdivision: DRUM LUMMON ADD TRACT/LOT`'$'BLOCK: 10
July 17,2006 Page 2 of 2
41 H 30021030 Certificate of Water Right
BACKFLOW PREVENTOR
PURSUANT TO SECTION 85-2-505, MCA, TO PREVENT GROUND WATER CONTAMINATION, AN
OPERATIONAL BACKFLOW PREVENTOR MUST BE INSTALLED AND MAINTAINED BY THE APPROPRIATOR
IF ACHEMICAL OR FERTILIZER DISTRIBUTION SYSTEM IS CONNECTED TO THE DIVERSION MEANS.
IF THE OWNERSHIP CHANGES ON ANY PORTION OF OR ALL OF THIS RIGHT,A WATER RIGHT
OWNERSHIP UPDATE, FORM#608, MUST BE FILED WITH THE DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION.
THIS CERTIFICATE IS SUBJECT TO ALL PRIOR EXISTING WATER RIGHTS
IN THE•SOURCE OF SUPPLY.
FAILURE TO C MPLY WITH ANY OF THESE TERMS AND CONDITIONS MAY RESULT IN THE LOSS OF THIS
CERTIFIC � F ER RIGHT,
W Signature ;Water Resources Division
DATE ISSUED JULY 11, 2006