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DNRC Memorandum of UnderstandingIREEMORANDrM OF UbMERSTANDING This Memorandum of Understanding di s entered into this ft day f f and. between the M Department l Re�ou.rces and Conservaticn rmatte ` Flathead County and the i t. of xali'qpell WhEREAS, Sect, ion 36 Township 29N., Range 22W., PMM, Plathead CouTity, monrana was deeded to the State of Montaxis and Iv held in. trust as School Truss Land and is administered by DN ; li. f DNRC may, in the future, -A- ,permi rmSection 36 thereinafter Section ; WHEREAS, DNRC prepared a neighborhood plan for Section 36 which waa adopted as an kmendment to the Klispell City -county master Plan by the Board of Commissioners of Flathead County on May 201 193� by RsoTj 790-0 and the City Council of Kalispell CC June 7o 1999 by Resolution BO ; iiRE,, DNRC desires to seek adoption olff zoning regulations h help implement the adopted neighborhood plans WHEREAS r DNRC seeks to permit development of the property in accordaace to the adopted plan and p..-iated zoninqt Wwill subject t local i"on regulations; WHERFAnj !)NRC L5 al3o F-mbJect to the provi5ions of the M ont a ria :ia Policy Act I - EA , DNRC Is obligated iinder Lhe Enabling Act and the mon ,,,.­ana Sate Constitution to acquire the 1 a 4- d value or fair Tnarket value of layids to the school trusts, WEASr the costs Of providing government serviceB to the subsecr property will be evaluated concur- with ,=exert son procedures that require an extenaica cz' 5ervicea plan a,%d all other i �equlations pertalniiigdevelopment; WREREAS, the City of Kalispell i "iway compelled to annex p-11-.operty should the estimated revenue from taxes or other sources e d f rom d-evelopment of the property be 1risuf f i dent to pay for the -required per; WHEREAS, DNRC was directed = septe�er 20, 1999 by the Board .d Commipsioners to prepare an MOTJ addreseinsthe i of planning, n i , subdivision review and MEPAr Page 1 Of 2 Nowt TH4REFORR IT IS HER8BY AGREEDTHAT-. nzy pro'Do d .1Sec�ion .1.6 involving a change of use or diin of larid sha-11-1 be sulDject to review under local plaza-i, z, and subdivision regulations.- and ( any proposed lease on Sectlwi 36 involving a change of use or division of land shall be subject to the apnropriate MEPA Teview and asnalyals, in conjunctlanwith the local application a -view process: a -a 3 IF N C will remAre May lessee of any property on Sectionto usqree tp pay as due all real and property taxes iTicluding beneficial use taxes assessed against Lbe lease property and lessee's personal property and equipment �1.nstalled and located upon the leaned property, in addition to any special ansessmenta that might be Cappartioned to theproperty. DNRC, underf3tanda and k r �, as owner of the said Section 36, that private use of sa,,.-d Property Is oubject"beneficial n tax and provided iii sect. ozi 15-24-1201, et Sec . ; and (4) DNRC will rewire any mv.,yalcipali extended Lat and ary � timprovementF installed within$ s a . d .' t n d and 'Installed icompliance With the r Kalispell Staiidards for I)esign and constructjon6 DatedOn-isClay o �# By. tubers W . Watiie rMall Board of Commissioners Flathead C01.111ty . B . Boharski C.ity Of Kalltpell t Arthur "Bu4;;"61inch 1)irectoT. Department Natural Resources and Conservation Page