E2. Tennis Interlocal AgreementCITY OF
KALISPELL
MEMORANDUM
Kalispell Parks & Recreation
15 Depot Park P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
To: Doug Russell, City Manager
From: Chad Fincher, Director, Parks and Recreation
Re: Flathead Valley Community College Tennis Court Interlocal Agreement
Date: January 6, 2025
BACKGROUND: In 1994, the city entered a twenty-year interlocal agreement with Flathead
Valley Community College (FVCC), School District 95 and the Kalispell Tennis Association to
relocate three city tennis courts and construct new courts on FVCC property. Land and Water
Conservation funds were utilized for court construction. The agreement stipulated shared annual
maintenance payments, improvement costs, priority use of courts, and withdrawal requirements.
Since that time, the tennis complex has expanded to 12 courts and is in a new location on the
FVCC site. The original interlocal agreement expired in 2014. A 5-year agreement was
completed in 2017 stipulating use of courts, financial commitments for the court expansion and
maintenance, priority use, insurance conditions and withdrawal requirements. All parties are
satisfied with this previous agreement and request a 3-year agreement. The updated agreement
changed the insurance requirements to meet statuary limits for municipalities, increased the
annual maintenance fee by $500 and reduced the length of the agreement from 5 years to 3 years.
FISCAL IMPACT: The city will be responsible for an annual maintenance payment of $2,500.
These payments have been allocated starting in the FY 25 Parks Department budget.
RECOMMENDATION: It is recommended the city council pass a motion authorizing the City
Manager to enter into the attached Interlocal Agreement with Flathead Valley Community
College and Kalispell School District 95.
ATTACHMENT: Interlocal Agreement
Return to:
City Clerk
PO Box 1997
Kalispell, MT 59903
Interlocal Agreement
This agreement is made and entered on, by and between the City of Kalispell,
a municipal corporation hereinafter called the "CITY," and Flathead Valley Community College,
hereinafter called "COLLEGE" and Kalispell School District #5, hereinafter called "DISTRICT."
WITNESSETH:
WHEREAS, the parties to this Interlocal Agreement declare that the residents of the
Flathead County area need suitable tennis facilities, and
WHEREAS, the COLLEGE has a tennis facility that houses twelve (12) tennis courts,
and
WHEREAS, The City, COLLEGE, and DISTRICT desire to establish an agreement for use
of the tennis facility on COLLEGE property subject to the obligations
provided herein to be performed by the respective parties.
NOW THEREFORE, in consideration of the covenants and conditions contained herein
the parties hereto agree as follows:
Section I. The CITY, COLLEGE, and District agree to coordinate use of the tennis
facility consisting of twelve (12) courts on real estate owned by the
COLLEGE.
Section II. COLLEGE agrees to permit public use by the CITY and DISTRICT for said
tennis facility.
Section III. Any future improvements or additions to the tennis facility will need
approval by the COLLEGE and funding identified by the parties to this
Agreement, as set forth in Section IV.
Interlocal Tennis Agreement Page 1 1 6
Section IV. The cost of maintaining the facilities and adding any capital
improvements approved by the COLLEGE shall be shared as determined
by this committee composed by one representative from each of the
parties to this agreement. The Committee shall meet a minimum of once
a year, on or before February 28t", to determine the tennis court
schedule (subject to the priorities listed in Sec. V), the necessary
maintenance for the courts and a maintenance budget for the succeeding
year. To the extent possible, annual maintenance costs shall be paid from
a dedicated fund into which each party shall contribute $2,500 for this
year, and $3,000 annually for each of the following years of this
agreement. The Committee shall determine how to pay for any
maintenance costs that exceed the amount of money in the dedicated
maintenance fund, and for any capital improvement costs. The COLLEGE
agrees to maintain the courts as determined by the Committee, using
funds from the dedicated maintenance fund. No rentals of the courts will
be permitted.
Section V. Subject to management by the COLLEGE:
a. The DISTRICT shall have first priority for use of the tennis facility
during the spring tennis season (which lasts from approximately
March 1st to June 1st); and,
b. The City will have first priority for use and the COLLEGE will have
second priority for the use of the tennis facilities during the summer
recreational season, (which lasts from approximately June 2nd
through September 30t") and during seasons and times when the
tennis facilities are not being used by the DISTRICT, CITY, and
COLLEGE the tennis facilities shall be open for public use.
c. The COLLEGE ultimately decides if proposed dates for any events
scheduled at tennis facility will be allowed. All scheduling must be
approved by the COLLEGE prior to publication. Tentative dates for
tournaments should be discussed as soon as possible to ensure
tennis -related activities do not impact College business.
d. Parking buses on COLLEGE property is subject to the locations
identified by the COLLEGE. Buses can unload in asphalt parking lots
near courts but must either park in the West parking lot closest to
HWY 93 or other areas designated by the College. The College
Interiocai Tennis Agreement Page 216
reserves the right to make changes to bus parking as needed to
conduct COLLEGE business. Locations of bus parking should be
confirmed prior to each event.
e. The COLLEGE does not provide or allow the use of any of its campus
buildings for any related tennis activities (such as restroom use or
changing rooms for players or spectators unless through written
agreement for rental of said facilities) and as a courtesy expect this to
be clearly communicated by the City and the District through their
programs.
Section VI. Indemnification and Insurance:
a. To fullest extent permitted by law, each party to this Agreement,
their agents, their representatives, employees, and officers hold
harmless from and against any and all claims, actions, cost, fees,
losses, liabilities or damages of whatever kind or nature arising from
or related to the indemnifying party's performance in their duties and
obligations as required under this agreement.
a. The COLLEGE and DISTRICT shall maintain Commercial General
Liability Insurance for bodily injury and property damage of not less
than $1,000,000 per occurrence and $3,000,000 aggregate. The CITY
shall maintain Commercial General Liability Insurance for bodily injury
and property damage of not less than $750,000 per occurrence and
$1,500,000 aggregate. The CITY shall be named as additional insured
by the other parties of this agreement.
Section VII. This agreement shall have a three (3) year term and may be extended for
additional terms by an agreement between parties. Upon termination of
the Agreement, all facilities and improvements constructed on COLLEGE
property under this Agreement not already owned by the COLLEGE shall
become property of the COLLEGE.
The City or District may withdraw from this Agreement upon giving
written notice of withdrawal to all other parties, at least 90 days prior to
February 28t" of any year; said withdrawal shall become effective on the
following February 28t". Provided, however, that the CITY or DISTRICT
shall on, or before the effective date of withdrawal, pay all their
maintenance fees for the remaining years of the three-year period.
Interlocal Tennis Agreement Pagc 316
Except for payment of the remaining annual maintenance fees, a party so
withdrawing shall have no further rights or responsibilities with regard to
the facilities.
The COLLEGE may withdraw from this agreement by giving notice of
withdrawal to all other parties, at least ninety (90) days prior to February
28t" of any year; said withdrawal shall become effective on the following
February 28cn
Section VIII. The terms and provisions of this Agreement shall be binding upon and
shall inure to the benefit of the parties to this Agreement and their
respective successors and assigns.
Section IX. This agreement may be signed in any number of counterparts, each of
which is original and all of which taken together from one single
document.
Section VI. Signature Pages:
CITY OF KALISPELL
0
Doug Russell
City Manager
Date:
State of Montana
County of Flathead
This instrument was signed or acknowledged before me on
Doug Russell, known to me to be the City Manager of the City of Kalispell.
(Notary Signature)
Affix seal/stamp to the left
by
Interlocal Tennis Agreement Page 416
FLATHEAD SCHOOL DISTRICT #5
0
Name:
Title:
Date:
State of Montana
County of Flathead
This instrument was signed or acknowledged before me on by
known to me to be the
for Flathead School District #5.
(Notary Signature)
Affix seal/stamp to the left
Interlocal Tennis Agreement Page 516
FLATHEAD VALLEY COMMUNITY COLLEGE
as
Jane A. Karas, President
Date:
State of Montana
County of Flathead
This instrument was signed or acknowledged before be on by
Jane A. Karas, known to me to be the President for Flathead Valley Community College.
(Notary Signature)
Affix seal/stamp to the left
Interlocal Tennis Agreement Page 616