5. School District 5 Interlocal Agreement - Rawson FieldCharles A. Harball
City Attorney
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
DATE: Wednesday, February 26, 2003
Tel 406.758.7708
Fax 406.758.7771
charball@kahspell.com
SUBJECT: Rawson Field — Interlocal Agreement with District 5
MEETING DATE: Monday, March 3, 2003
BACKGROUND: Rawson Field is a sports facility located within a residential community
on the south end of the City and utilized by District 5 School District for sporting events.
Because of the lack of offstreet parking in the vicinity of the field, parking during these
events has historically created problems with residents in the community. To remedy this
situation, the City in recent years has allowed offstreet parking for these events on its
property that is adjacent to Rawson Field and City Shops. District 5 is now in the process of
determining to make a significant investment into the upgrade of Rawson Field but is
somewhat reluctant to do so without some reassurance that the City will continue to allow
the offstreet parking upon its property for some period into the future.
The Interlocal Agreement that is attached provides such an agreement for a term of 5
years. The City is free to use the property for its needs with proper notice given. At the
same time, District 5 is given some reassurance that so long as the City does not need to use
the property for its own purposes, it will be available for use by the School for parking for at
least 5 years.
RECOMMENDATION: That a motion be made to authorize the Mayor to execute the
Interlocal Agreement on behalf of the Kalispell City Council.
FISCAL EFFECTS: None anticipated.
Respectfull t 'tted,
1 / ;
Charles arball, City Attorney
Chris Kukulski, City Manager
CITY OF KALISPELL AND FLATHEAD HIGH SCHOOL DISTRICT
RAWSON FIELD PARKING
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the following two public
agencies within the meaning of the Interlocal Cooperation Act:
The City of Kalispell, hereinafter called the "City", and the Flathead High School District,
hereinafter called the "School".
WITNESSETH:
WHEREAS, Title 7, Chapter 11, Part, M.C.A., known as the "Interlocal Cooperation Act",
permits local government units to make the most efficient use of their powers by enabling them to
cooperate with other government units on a basis of mutual advantage and thereby to provide
services and facilities in a manner which will promote maximum utilization of scarce local
resources for the benefit of the community; and
WHEREAS, said Act provides that an Interlocal Agreement may be authorized and
approved by the governing body of each party to said Contract; and
WHEREAS, Montana laws encourage local units of government to cooperate in the
provision and use of local facilities and provide for interlocal cooperation agreements by and
between units of local government for the most efficient and economical use of community
resources; and
WHEREAS, an Interlocal agreement does not currently exist between the School and the
City relative to the utilization of that property owned by the City and located east of Rawson Field
and south of the Kalispell City Shops, Flathead County, Montana, as illustrated on the map attached
hereto as Exhibit "A", by School as Rawson Field event parking; and
WHEREAS, the City and the School (hereinafter collectively referred to as "the parties"),
desire to address herein matters relating to the use and maintenance of the above described City
property for Rawson Field event parking , and the obligations and rights of each party concerning
such utilization; and
WHEREAS, it is the intent of the parties that this Agreement function as a basis of
understanding that the above -described City property be utilized as much as possible, without
abbreviating the facilities needs of the City, as off street parking for Rawson Field events and to
provide such understanding for the designated period of time as the parties explore the possibilities
of a land purchase or property exchange.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN AND AMONG THE
PARTIES AS FOLLOWS:
1. The School, subject to the exception set forth in paragraph 2 below, shall have the primary use
of the parking area designated during the football and soccer season which shall begin on the
second Monday in August of each year and end with the conclusion of the football post season
of each year (third Saturday in November). The School shall also have the primary use of the
parking area designated during the track season, subject to the natural melting of stored snow,
which shall begin on the first Monday in April of each year and end with the conclusion of the
track post season of each year (Memorial Day). The City shall have the primary use of the
parking area at all other times. Both the School's and City's utilization shall be subject to the
authority and right of the City to put on City-wide functions should the City so desire, as long
as such a function does not interfere with a football game or track event. It is understood that
in certain instances a conflict could arise between City utilization and School utilization of the
parking area in which event, all parties will coordinate that conflict.
2. The School's exclusive use of the designated parking area for football, soccer and track
contests shall be for an allocated time period of five (5) years beginning with the 1 st day of
July, 2003, and ending with the 30th day of June, 2008. Said agreement may then be
renegotiated and renewed by all parties. If an agreement cannot be reached on those specifics,
then the Agreement shall terminate at its initial termination date of the 30th day of June, 2008.
In the event the City determines that it has the need to construct additional structures upon said
property for the purposes of expanding the facility requirements of the City, it shall so notify
the School of this need at least six (6) months prior to said construction and the agreement will
then be renegotiated on different terms but within the original intent of this agreement that it is
the desire of the parties that at least a portion of the long term parking requirements of school
and community events at Rawson Field be provided.
3. The cost of capital improvements for parking improvements shall be the sole responsibility of
the School. The City agrees to coordinate and offer assistance in the form of manpower,
equipment, advice, and counsel when called upon and when the city deems that it is in the best
interests of the City to provide that assistance. Nothing shall be construed into this act of
cooperation upon the City's part to require any action upon the City in the area of capital
improvements. In the event the School determines to make any capital improvements to the
property, it shall first submit such plans to the Public Works department of the City for review
and approval. Any and all capital improvements of a permanent nature whatsoever once
installed and whenever installed upon the premises shall immediately become the property of
the City.
4. The School will provide liability insurance relative to the utilization of the premises in
amounts satisfactory to the City with the City named as an additional insured. The upper limit
of such insurance requirement for which the City shall be named as an additional insured shall
not exceed the maximum required by the City's insurance carrier, the Montana Municipal
Insurance Authority. The School agrees to hold the city harmless from all damages, costs,
2
including attorney's fees which the City as owner of the premises may or could incur as a result
of personal injury or property damage incurred as a result of the utilization of the premises by
the School for said activities. ,
5. The School agrees not to assign or sublet their rights under this Agreement or any part thereof.
6. It is understood that prior to, and as a condition precedent to this Agreement becoming
effective, it must be submitted to the County and/or City Attorney for determination as to the
Agreement being in proper form and compatible with the laws of Montana. It is also
understood that within ten (10) days after the approval by the Attomey(s) and prior to the
commencement of its performance, said Interlocal Agreement must be filed with the County
Clerk and Recorder of Flathead County and the Secretary of State of Montana.
IN WITNESS WHEREOF, the parties do execute this Agreement this day of
.2003.
CITY OF KALISPELL
ATTEST:
FLATHEAD HIGH SCHOOL DISTRICT
By:
ATTEST:
APPROVED
The foregoing hiterlocal Agreement has been reviewed and determined to be in proper form
and compatible with the laws of the State of Montana.
APPROVED this _ day of 2003.
ATTORNEY GENERAL, STATE OF MONTANA