H1. Res 6289, Kalispell Youth Athletic Complex Renaming
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7700
REPORT TO: Honorable Mayor Johnson and City Council
FROM: Jarod Nygren, Interim City Manager
SUBJECT: Kidsports Complex Naming Request
DATE: September 2, 2025
BACKGROUND: At the July 28, 2025, work session, Council discussed a request from
Kidsports representatives to consider renaming the “Kidsports Youth Athletic Complex” to “Dan
Johns Kalispell Youth Athletic Complex” in recognition of the efforts of Dan Johns in the
development of the facility. Following discussion, there was consensus that a renaming effort
was warranted, and a Resolution has been prepared for your consideration.
RECOMMENDATION: It is recommended that the Council consider and pass Resolution
6289, a Resolution renaming the “Kidsports Youth Athletic Complex” to “Dan Johns Kalispell
Youth Athletic Complex” in recognition of the efforts of Dan Johns in the development of the
facility.
ALTERNATIVES: Upon consideration of the proposal the Council may reject the resolution.
ATTACHMENT: Resolution 6289
August 11, 2016 Kidsports Letter
1997 Lease Agreement
2014 Memorandum of Understanding
RESOLUTION NO. 6289
A RESOLUTION RECOGNIZING THE CONTRIBUTION OF DAN JOHNS TO THE
CITY OF KALISPELL YOUTH, AND DESIGNATING THE KALISPELL YOUTH
ATHLETIC COMPLEX AS THE “DAN JOHNS KALISPELL YOUTH ATHLETIC
COMPLEX”.
WHEREAS, Dan Johns has been instrumental in the formation and ongoing success of the
Kidsports Complex; and
WHEREAS, the following members of the Board of Directors of Kidsports have voted
unanimously in favor of this Resolution: Roy Beekman, Justin Sliter, Mike Rauthe,
Patrick Gulick, Rob Riley and Steve Herzog; and
WHEREAS, Dan Johns has stated he would not oppose this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the Kalispell Youth Athletic Complex (KYAC or Kidsports), is hereby
renamed the Dan Johns Kalispell Youth Athletic Complex in recognition of
Mr. Johns’ role in the creation and success of the Kidsports Complex.
SECTION 2. That the Mayor shall by this Resolution be authorized and directed to issue
a Proclamation of the City of Kalispell designating and dedicating said
Complex as the Dan Johns Kalispell Youth Athletic Complex.
SECTION 3. This Resolution shall take effect immediately upon passage by the City
Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 2ND DAY OF SEPTEMBER, 2025.
_________________________
Mark Johnson
Mayor
ATTEST:
___________________________
Aimee Brunckhorst, CMC
City Clerk
kith &sports
BulLE’IHc THE DREAM TOGETHER FoR THE YOUTH OF FIATHEAD VALLEY
August 11,2016
Mayor Mark Johnson
201 istAve.East
Kalispell,MT 59901
City Manager Doug Russell
201 Ave.East
Kalispell,MT 59901
Dear Sirs,
This letter is to serve notice of resolution to change the name of the current Kidsports Complex
to Dan Johns Kidsports Complex.
Whereas:Dan Johns has been instrumental in the formation and ongoing success of the
Kidsports Complex.
Whereas:The following members of the Board of Directors of Kidsports have voted
unanimously in favor of this resolution;Roy Beekman,Justin Sliter,Mike Rauthe,
Patrick Gulick,Rob Riley and Steve Herzog.
Whereas:Dan Johns has stated he would not oppose this resolution.
Thank you for your consideration of this resolution.If you need further information,feel free to
contact any of the Kidsports Board of Directors.
Sincerely,
Roy Beekman
Kidsports Vice-president
Roy Beekman
182 Morning View Drive
Kalispell,MT 59901
756-0152 beekmanroygmail.com
P.O.L’,ox I 205 •KAIlsI’I:II,,MT 5’-)903 •-maiI:kidsportstIan.oni
AGREEMENT
AGREEMENT entered into this I day of r tr , 1997, between the
City of Kalispell, Montana, and Kidsports, a Montana not -for -profit corporation.
Recitals
1. Kalispell is party to a lease agreement with the Montana Department of State Lands,
Lease No. 3053189, dated July 17, 1997 (hereafter "Lease"). A copy of said lease is attached to
this Agreement as Exhibit A.
2. Pursuant to said lease, Kalispell has leased approximately 138 acres located
immediately north of its city limits for a period of 40 years. The property will be developed as a
youth athletic complex, and may include additional recreational improvements.
3. Kidsports was formed to represent the combined interests of user groups of the athletic
field complex in the planning, development, financing, operation and maintenance of the
improvements.
NOW THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the public -private partnership
between Kalispell and Kidsports regarding the planning, development, financing, operation and
maintenance of the real property described in Exhibit A as a youth athletic complex. Both parties
are committed to the development of youth athletic facilities that will provide opportunities for
youth to develop through wholesome physical activity. In an effort to accomplish these
objectives, the parties agree to work toward this common goal in a manner that permits quality
development while recognizing the financial responsibilities of each.
2. Term. This Agreement shall be effective the day and year first above written, and shall
continue through the duration of the Lease attached as Exhibit A, unless sooner terminated.
3. Funding. Kalispell will provide One Million Dollars ($1,000,000.00) toward the
planning and development of the athletic complex. These funds will come from the sale proceeds
of property commonly known as the Haven baseball fields and Daley softball and baseball fields.
The Haven fields are sold and the transaction closed on July 15, 1997, and a portion of the Daley
fields are proposed to be sold for a Rosauers grocery. Priority on use of these funds shall be to
replace athletic fields displaced as a result of the sale of Haven and/or Daley fields.
The parties agree it is their intention that proceeds from sale of the Haven and Daley
fields will first be committed toward the complex, rather than an alternative use(s), until the City's
total commitment has been acquired, and that funds will first be spent on the development
described in the Summary Design Review, dated January, 1997. Kalispell and Kidsports may
agree in writing to alter this planning and development requirement. Funds spent by Kalispell on
Four Mile Drive or its intersection with U. S. Highway 93 North will not come from the funds
dedicated by it towards the complex, but shall be in addition to the $1 million commitment (the
Summary Design Review states that upon annexation of the leased property gas tax revenues are
intended to finance these road improvements).
4. Lease Payments. While the Lease pertains to a total of 138 acres, annual lease
payments are based upon the actual number of acres dedicated for complex use. Presently,
approximately 80 acres are committed to development and the lease payment is calculated based
on those acres. Upon acceptance of construction bids by the Kalispell City Council (the annual
lease payment for that year will be prorated as of the date of acceptance) and continuing through
February 28, 2017, Kidsports will pay to Kalispell the annual lease payment required by Exhibit A
for the acreage presently set aside for complex development, and Kidsports will also pay lease
payments during said term for additional property that is developed for use by a group(s) under
contract with it for user fees, etc. Each annual lease payment shall be paid by Kidsports to
Kalispell on or before the first day of March, with the first payment due within 90 days of
Kalispell's acceptance of construction bids. Kidsports' obligation to make lease payments is
contingent on Kalispell doing the following: (1) using its best efforts to accomplish sale of the
fields as described in paragraph 3; (2) completing construction and other documents related to
development of the athletic field complex pursuant to the agreement entered into between
Kalispell and the design/engineering team headed by Carver Engineering; (3) in the event use of
all or any of the Daley softball, baseball and/or soccer fields is discontinued prior to completing
replacement fields at the complex, Kalispell will provide suitable (e.g. regulation size, good
playing surfaces, fences, dugouts, backstops, etc.) interim replacement fields (the cost of
providing replacement fields will not reduce the City's $1 million commitment to planning and
development of the complex); (4) not delaying development of any portion of the youth athletic
field complex, either through action or inaction; and (5) not breaching this Agreement.
Notwithstanding the foregoing, in the event the entire $1 million is not available for development
of the complex or, if available, has not been spent or contracted to be spent, by December 31,
1998, Kidsports annual lease payment obligation shall be reduced to the same percentage of the
total annual lease payment as spent and contracted funds are to the $1 million.
Beginning with the annual payment due on March 1, 2017, Kidsports' contribution toward
the annual lease payment shall be adjusted as follows: Kidsports will pay that percentage of
Kalispell's annual lease payment that is the same as the percentage of real property dedicated to
the user groups under agreement with Kidsports is to the total acreage under lease. For example,
if the Kidsports' groups use 70 acres, Kidsports annual payment will be 70/138 of the total annual
obligation. The area considered dedicated to the user groups will include those areas developed
for their exclusive use (e.g. playing fields, concession, parking areas, etc.). Initially, those users
under agreement with Kidsports include the Greater Kalispell Youth Soccer Association, Kalispell
Babe Ruth League, Kalispell Pee Wee Baseball League, and Kalispell Youth Softball Association.
5. User fees. Kidsports may establish fees to be paid to it by users (e.g. associations,
tournament participants, individuals, etc.), visitors (e.g. admission fees to events, etc.), advertisers
sponsors, fence ads, etc.), or others using or frequenting the complex. Funds raised by Kidsports
pursuant to this paragraph may be used toward lease payments and other purposes as Kidsports
may determine. The parties recognize that Kidsports and the user groups may engage in fund
raising activities (e.g. those just mentioned, plus concession stand sales, etc.), and neither the fund
raising activities and the subsequent use of those funds are subject to this Agreement.
Kalispell may charge fees to persons or groups not charged fees by Kidsports. City of
Kalispell fees on persons or groups charged fees by Kidsports will be implemented only by the
joint concurrence of Kalispell and Kidsports. It is anticipated that these fees will be utilized only
for maintenance or improvement of the complex, and will not be eligible for recreation programs
or any other facilities under the jurisdiction of Kalispell's Parks and Recreation Department. If a
user, or prospective user disagrees with fees established by Kalispell or Kidsports, representatives
of Kalispell and Kidsports will confer and agree upon an appropriate fee. Nonpayment of a user
fee may be grounds for denial of use of the complex.
6. Development Responsibilities The parties recognize that the initial funding furnished
by Kalispell will not be sufficient to complete development of the youth athletic complex, and that
Kidsports will be responsible for portions of the development. Throughout the term of this
Agreement, Kalispell and Kidsports will meet for the purpose of deciding each party's
development responsibilities. An addendum will be appended to this Agreement which sets forth
Kalispell's planning and development activities from its initial funding. Kidsports agrees that its
development activities will be consistent with the construction documents and it will maintain
liability insurance covering its construction activities which names Kalispell as a covered party.
User groups will also maintain liability insurance for their athletic activities which also names
Kalispell as a covered party. Coverage amounts will not be less than $1 million or more than $1.5
million per occurrence unless the parties agree otherwise. Businesses performing development
activities at the complex at the request of Kidsports must also maintain general liability insurance
coverage consistent with Kalispell's normal requirements, as well as workers compensation
coverage on its employees consistent with State law. At a minimum, representatives of Kalispell
and Kidsports will meet at least once annually for the purpose of conferring about the complex
and this Agreement.
7. Maintenance and Repair Responsibilities. Improvements at the complex are to be
maintained in new condition, less reasonable wear and tear. It is the intent of the parties that the
improvements not deteriorate through misuse or lack of attention, maintenance, or repair.
The following maintenance and repair activities are the responsibility of Kidsports, or third
parties to whom they may be assigned:
a. electric and telephone utilities (including usage charges)
b. concessions stands and restrooms (including metered water fees - irrigation
water will not be metered)
c. game preparation of playing fields
d. fan seating
e. temporary fencing
f. maintaining clean grounds
Other responsibilities may be undertaken by Kidsports as it and Kalispell may agree.
Kalispell is responsible for the following maintenance and repair activities:
a. athletic fields, including turf
b. roads and parking areas
c. sewer, potable and irrigation water distribution systems, well (including casing,
pump and panel)
d. ground cover (non -turf)
e. permanent fencing
f. trash collection
g. winterizing water systems
Other responsibilities may be undertaken by Kalispell as it and Kidsports may agree.
8. Modification. This Agreement may be modified by the parties by a written document
signed by authorized representatives of both Kalispell and Kidsports.
9. Mediation; Termination. In the event either party fails to perform its obligations
under this Agreement, the other party may give written notification of the default in writing. The
parties shall meet and confer with the intent of resolving the default, but in the event the default is
not cured, or reasonable efforts are not underway to correct the default (in the opinion of either
party), the dispute shall be submitted to mediation. In the event the parties are not able to agree
upon a mediator, a mediator shall be appointed pursuant to the rules and regulations of the
American Arbitration Association. The expenses of the mediator shall be shared equally by the
parties. The parties may mutually agree to terminate this Agreement in writing at any time.
10. Lease Termination. Upon termination of the Lease (Exhibit A or its successor), any
compensation paid by the Lessor will be pro rated between Kalispell and Kidsports based' on the
value of each party's construction improvements at the complex. During the term of this
Agreement, Kalispell and Kidsports will maintain, and provide a copy to the other party, its list of
construction improvements which includes the actual cost or fair market value thereof at time of
construction. The Lessor's payment will be prorated based on the aforementioned lists.
11. Miscellaneous.
a. The policies and activities of users under Agreement with Kidsports are the
responsibility of the various individual user groups, and not Kalispell or Kidsports, provided that
Kidsports' agreements with user groups will include language requiring the groups' policies to
comply with applicable laws.
b. The scheduling of activities at the complex will be the responsibility of the
individual user groups. Kalispell may schedule activities at the complex which do not conflict
with the affected user group's scheduled activity, provided that Kalispell will first check with the
user group before scheduling its activity. Kalispell will not schedule any activity which is not
compatible with the improvements or which may damage or degrade the complex.
c. Kidsports, and the user groups, may place informational and advertising signs at
the complex, provided that all signs must be maintained in good physical condition and approved
by the Kalispell's Parks Director as to appearance and location prior to installation. The parties
recognize that advertising signs at athletic facilities are sources of revenue for the user groups,
and that it is their intent to permit tasteful advertising signs throughout the term of this agreement.
d. Improvements affixed to the real property may not be removed without
Kalispell's approval.
e. Greater Kalispell Youth Soccer Association, Kalispell Babe Ruth League,
Kalispell Pee Wee Baseball and Kalispell Youth Softball Association, including their successors
and assigns, are recognized by the parties as third party beneficiaries to the terms and provisions
of this Agreement, including any amendments thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
City of Kalispell, Montana
Clarence Krepps, Cit Manager
Attest:
gjr C q .q Ac--
City Clerk ULV
Kidsports, Inc.
t L(L -
Daniel D. Johns, sid nt
Attest: 4 r J----'--
Secretary
between
CITY OF KALISPELL
A Montana Municipal Corporation
and
IDSP®TS
A Montana Charitable Corporation without Members
1. Purpose and Scope
The purpose of this Memorandum of Understanding [MOU] is 1) to describe the
relationship between the City of Kalispell [the City] and Kidsports subsequent to the City
acquiring a permanent easement from the State of Montana Department of Natural
Resources and Conservation [DNRC] for a major portion of the real property leased by
the City and developed by Kidsports as a youth sports complex [Complex]; 2) address
future development of facilities at the Complex, including sports fields, parking,
transportation and other accessory uses and amenities; 3) address financial
responsibilities of the parties with respect to the development and maintenance of the
Complex; and 4) maintain the positive, constructive working relationship between the
City and Kidsports.
2. Recital of Facts
A. The City entered into a special lease of state lands under MT State Agreement No.
3053189 on May 9, 1997 for the term of 40 years. The lease included approximately
138 acres located in the City of Kalispell in the SE1 /4 of Section 36; an area bounded
by Four Mile Drive (south), Highway 93 (east), and Reserve Loop (north). The sole
purpose of the lease was to develop a youth athletic complex on the property.
B. The City and Kidsports entered into an Agreement on December 19, 1997 for the
same term as the above described lease that defined "the public - private partnership
between Kalispell and Kidsports regarding the planning, development, financing,
operation and maintenance" of the above - described property.
C. The City and Kidsports successfully negotiated with DNRC for the City to exchange
a portion of the leasehold interest in the above - described property for a permanent
easement that preserves existence of the Complex in perpetuity. The City and DNRC
will execute a Second Supplemental Lease Agreement addressing that portion of the
leased premises not converted to a permanent easement. The Grant of Easement No.
D- 14505, dated March 18, 2013, was received by the City and is attached hereto as
Page 1 of 9
Exhibit "A." Among other things, it delineates the revised footprint for the Complex.
The Second Supplemental, Lease Agreement, when signed, will be attached to this
MOU as Exhibit "B."
The Initial Term of this MOU is 20 years commencing upon the execution by both
parties. The parties agree to meet and discuss additions, corrections and modifications to
this MOU at the request of either party. In addition, on each fifth anniversary date from
the effective date of the MOU, Section 10 shall be reviewed and the parties may agree to
change the contribution paid by Kidsports to the City to assist with maintenance costs at
the Complex.
This agreement may be extended for additional periods of five years each upon such
terms as the parties agree. Should either party desire not to extend the agreement written
notice shall be provided to the other party not fewer than ONE HUNDRED TWENTY
120) days prior to expiration of this MOU, detailing the reasons behind the decision not
to extend the agreement. The other party shall have the opportunity to respond and the
parties agree to engage in good faith discussions regarding the concerns of the non-
renewing party and agreeing on a successor agreement.
Should the City elect not to extend this agreement or the permanent easement extinguish
as the result of action or inaction by the City, the City shall pay Kidsports and each
member of the User Group the appraised value of permanent improvements it or they
made to the Complex, so long as the User Group(s) no longer has access to these
improvements upon terms substantially similar to those set forth in the MOU due to
action by the City. The City and Kidsports or the User Group shall each hire, at their
own expense, an appraiser to determine the fair market value of the improvements. If the
two (2) appraisals do not differ by more than three (3%), the fair market value of the
improvements at the then existing usage shall be the average of the two (2) appraisals. If
there is a difference of more than three percent (3%) between the two (2) appraisals, the
first two (2) appraisers shall select a third appraiser, who shall appraise the fair market
value of the improvements at the then existing usage. The parties shall equally share the
expense of the third appraiser. The average of the three (3) appraisals shall determine the
fair market value of the improvements at the then existing usage. The City shall pay the
fair market value of the improvements at the then existing usage to Kidsports or the User
Group within sixty (60) days of the date of determination of the fair market value as set
forth above.
The City may deduct from the appraised value of any improvement it is reimbursing
Kidsports for the amount of money it paid or contributed directly toward construction or
installation of the improvement (i.e. does not include money spent by the City
maintaining the improvement).
4. Master Plan of Complex
Page 2 of 9
The parties agree that master plans of the Complex have evolved since 1997, and they
will continue to evolve. The parties agree that the current master plan will be amended to
reflect the revised footprint of the Complex, and that it will be further amended as
additional phases are planned and developed. After development at the Complex is
completed, a final master plan will be prepared that will include all athletic fields and
associated infrastructure (e.g. fencing, irrigation, storm water conveyance, sanitary sewer,
electric, telephone and gas utilities, concession and storage facilities, restrooms and
seating, etc.), roadways, both inside the Complex and in the immediate vicinity and
leading to the Complex, and parking. Representatives of the parties shall meet
periodically to discuss and agree upon future modifications to the master plan, which
shall be subject to the review and approval by the governing bodies of the parties. The
parties acknowledge that past master plans have been prepared by a third party and they
further agree that a third party planner approved by both parties may be used to assist
with future master planning.
5, City's Responsibilities
The City shall be responsible for the following:
a) Maintaining and repairing:
i. All athletic fields, including turf
ii. All landscaping
iii. All access roads, internal roads and parking areas
iv. Sewer, potable and irrigation water distribution systems
V. All non -turf ground cover
vi. All permanent fencing
vii. Trash collection
viii. Winterizing all water systems
ix. Game preparation of all fields
b) The parties agree that the improvements at the Complex are presently
in optimal condition, and it is the intent of the parties that the present
quality of the Complex be maintained and not deteriorate as the result
of misuse, or the lack of attention, maintenance or repair. Both parties
agree that the responsibilities outlined in this agreement are intended
to prevent the deterioration of the facility through normal wear and to
maintain the facility and its improvements as a top - quality complex
that provides recreational opportunities for the community's youth and
also serves as an attraction and destination for regional and state
competitions.
In performing its responsibilities as described above, the City has and
will continue in the future to: (1) mow grass areas as needed, usually 1
or 2 times per week during the grass growing seasons; (2) string trim
grass areas that are not mowed on the same schedule as mowing: (3)
Page 3 of 9
fertilize grass as needed, usually 2 or 3 times annually: (4) aerate grass
areas as needed, usually 1 or 2 times annually; (5) thatch grass areas as
needed, usually once a year; (6) apply pesticides to grass areas as
needed, usually once every three years; (7) maintain (e.g. water, feed,
mulch, prune, etc.) tress and perennial plantings; (8) maintain and
repair access and internal roads, and parking areas; (9) garbage pick-
up; (10) summarize and winterize the irrigation systems and pumps,
concession stands and bathrooms; and (11) paint field boundary lines
on grass playing surfaces.
c) The City shall comply with the terms of the permanent easement
appended hereto as Exhibit A, and Second Supplemental Lease
appended as Exhibit B.
6e Kidsports' Responsibilities
Kidsports shall be responsible for the following:
a) Kidsports shall be the developer of the Complex and shall be responsible
for the placement and construction of the improvements in accordance
with the master plan.
b) Kidsports will maintain liability insurance coverage during construction
activities, which shall name the City as an additional insured party.
c) Kidsports shall advise each User Group that the City requires that they
maintain liability insurance for their athletic activities which also names
the City as an additional named insured.
d) Coverage amounts for the liability insurance policies obtained by
Kidsports and each User pursuant to this paragraph 6 will not be less than
750,000 per occurrence or less than $1.5 million aggregate and shall be
written on a "primary— noncontributory basis." Subject to availability,
each coverage shall be obtained from an insurance company that is duly
licensed and authorized to transact insurance business and write insurance
within the state of Montana, with a minimum of "A.M. Best Rating" of A-
VI. The purpose of this coverage is to protect the City, its officers,
employees, agents, and representatives from claims for bodily injury
and /or property damage which may arise from construction activities or
conduct of program activities by the Users. Proof of insurance coverage
shall be submitted annually to the City's Parks and Recreation Director.
e) Kidsports shall have primary responsibility for:
i. Development of improvements at Complex consistent with master
plan, as amended,
ii. Purchase of all playground equipment
Page 4 of 9
iii. Cost of delivering all electric and telephone utilities inside
Complex
iv. Maintaining all concession stands and restrooms (not including
winterizing or summarizing)
V. All metered water charges (not including irrigation) for concession
stands/restrooms
vi. All temporary fencing
vii. Maintaining clean ground
viii. Replace netting (e.g backstops, goals, etc.), benches and
grandstands
ix. Replacing the artificial surface at the Miracle Field
f) It is the intent of the parties that the improvements not deteriorate through
misuse, or lack of attention, maintenance, or repair. The parties agree that
the improvements at the Complex are presently in optimal condition, and
it is the intent of the parties that the present quality of the Complex be
maintained and not deteriorate as the result of misuse, or the lack of
attention, maintenance or repair. Both parties agree that the
responsibilities outlined in this agreement are intended to prevent the
deterioration of the facility and its improvements through normal wear and
to maintain the facility as a top-quality complex that provides recreational
opportunities for the community's youth and also serves as an attraction
and destination for regional and state competitions.
g) Kidsports may assign or contract one or more of the above responsibilities
in subparagraph 6(e) above to third parties (e.g. User Group, etc.).
h) Kidsports shall comply with the terms of the permanent easement
appended hereto as Exhibit A, and Second Supplemental Lease
appended as Exhibit B.
i) Kidsports shall submit to the City the Public Copy of the 990 annual
financial report.
7. Funding
The City paid to acquire the permanent easement described in paragraph 2 above.
Following execution of this MOU, Kidsports agrees to maintain and/or undertake capital
campaigns to raise an amount of money that will be equal to or greater than the amount
paid by the City to DNRC for the permanent easement.
Funds received by Kidsports in consideration for releasing acreage from the lease,
described in paragraph 2(c), shall be used for improvements to the Complex consistent
with the master plan, as amended, and will be applied towards its capital campaign
requirements as described in the preceding paragraph.
Page 5 of 9
It is further agreed that Kidsports will undertake additional fund-raising activities for the
purpose of developing the Complex consistent with future master plans.
8. User Fees.
Kidsports has agreements with providers of youth athletic programs at the Complex.
Those providers are referred to throughout this MOU as User Group and User(s). When
User Groups begin using the complex more than three times in a one month period, ,
additional agreements will be generated between the providers and Kidsports. The
agreements between Kidsports and the User Group define their relationship and, among
other things, describe fees to be paid to Kidsports by the User Group. Kidsports will
advise the City of its success or failure to obtain agreement with new or existing User(s),
which may result in denying use of the Complex to the User(s) with whom agreement has
not been reached.
Kidsports and/or the User Group may charge fees to visitors to the Complex (e.g,
admission fees to events, etc.), advertisers (sponsors, fence ads, etc.), and others using or
frequenting the Complex (e.g. associations, tournament participants, individuals etc.).
Funds raised by Kidsports and/or the User Group may be used to further their purposes.
The parties recognize that Kidsports and the User Group engage in fund raising activities
e.g. those just mentioned, plus registration fees, concession stand sales, tournament entry
fees, etc.) to conduct their activities, and neither the fund raising activities of Kidsports or
the User Group, nor the subsequent use of those funds, are subject to this MOU.
The City may charge fees to persons or groups not charged fees by Kidsports or the User
Groups. The City will only charge fees to persons or groups charged fees by Kidsports or
the User Group if mutually agreed to in advance by the City and Kidsports. It is
anticipated that fees charged by the City will be utilized for maintenance or
improvements at the Complex, and will not be eligible for recreation programs or any
other facilities under the jurisdiction of the City, including its Parks and Recreation
Department. If a user or prospective user disagrees with fees established by the City or
Kidsports, representatives of the City and Kidsports will confer and agree upon an
appropriate fee.
Nonpayment of a user fee that is assessed consistent with this paragraph may be grounds
for denying use of the Complex.
9. Activities
Kidsports and the User Group have priority for scheduling activities at the Complex.
The City may schedule activities at the Complex that do not conflict with activities
scheduled by Kidsports or the User Group, and the City shall ensure that no conflict
exists before scheduling activities at the Complex. No party shall schedule activities that
threaten to damage or compromise the Complex.
Page 6 of 9
Kidsports and the User Group shall solely be responsible for establishing and maintaining
rules and regulations concerning the activities they conduct at the Complex, provided
those activities shall comply with applicable park rules and regulations, laws and
ordinances.
10. Maintenance Fees
Kidsports shall submit an annual amount, as identified in Exhibit C of this agreement to
the City of Kalispell by June 30th each year to offset a portion of the maintenance costs
identified in Section 5.
Kidsports and the City agree to meet during the annual budgeting process of the City to
assess maintenance activities for the upcoming year and to identify potential activities
that may require attention.
During the term of this agreement, Kidsports shall not reduce the rates charged to User
Groups without receiving the prior written consent of the City. Kidsports may, however,
during this term, increase the rates charged to User Groups without receiving consent of
the City.
If, pursuant to section 3 above, the City elects not to extend this MOU, it shall not
increase rates charged to user groups more than 5% annually unless by agreement with
the user groups.
11. Lease Payment
Kidsports shall reimburse the City in the event the City becomes obligated to pay any
lease payment for property not currently part of the permanent easement, but is part of the
property under use of Kidsports. Reimbursement to the City by Kidsports for a lease
payment shall be credited against the maintenance fee set forth in paragraph 10 above.
12. Independent Contractor
The parties agree and acknowledge that the City and Kidsports are independent entities.
In the performance of this MOU and the completion of its development responsibilities
hereunder, Kidsports shall render services as an independent contractor and not as the
agent, representative, subcontractor, or employee of the City. The parties further agree
that all individuals and companies retained by Kidsports will not be the agents,
representatives, subcontractors, or employees of the City. In turn, the City shall solely be
responsible for meeting legal obligations with respect to its employees, contractors,
agents and representatives.
13. 'Third -Party Beneficiaries
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nu
The parties acknowledge that Kidsports, in addition to primarily being responsible for
development of the Complex, may conduct limited athletic activities (e.g. Miracle
League, etc.). The youth sports programs presently occurring at the Complex are
conducted by Kalispell Pee Wee Baseball League, Inc., Kalispell Babe Ruth League, Inc.,
Kalispell Youth Softball Association, Flathead Soccer Club, Flathead Little Guy
Football, and Kalispell School District 5, or their successors (individually and
collectively called the "User(s)" and "User Group"). Kidsports also functions as a liaison
between the User Group and City. Kidsports will give written notification to the City of
changes or additions to the User Group.
The parties agree that the Users are third-party beneficiaries of this MOU, and they may
rely upon and enforce this MOU.
Modification and Termination
a) In the event either party fails to perform its obligations under this MOU, the
non-defaulting party may give written notification of the default to the other
party. The parties shall meet and confer with the intent of resolving the
default, but in the event the default is not cured, or reasonable efforts are not
underway to correct the default (in the opinion of either party), the dispute
shall be submitted to mediation. In the event the parties are not able to agree
upon a mediator, a mediator shall be appointed pursuant to the rules of the
American Arbitration Association. The expenses of the mediator shall be
shared equally by the parties.
b) Any and all amendments must be made in writing and must be agreed to and
executed by the parties before becoming effective.
c) This MOU may be terminated in writing by the parties at any time.
Effective Date and Signature
This MOU shall be effective upon the signature of the City and Kidsports authorized
officials, and shall remain in effect until terminated as provided herein. The City and
Kidsports indicate agreement with this MOU by their signatures.
Signatures and dates
Authorized Signtffi_ire_))f the City
ff,V6g' Ru§,s`&II, City Manager
Date
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Authorized Signature of Kidsports
Date
Formula for Calculating Annual Maintenance Payments due June 30ofeach year.
l. In determining Kidsports annual contribution b` maintaining the Complex, the base
amount shall be considered tobc50%of gross receipts that Kidsports receives from user
fees during each calendar year. This remittance, however, will bureduced based upon
the capital investment ofKidoyoda and Users into the Complex during the prior calendar
Amount of Capital Investment by
Kidsports
Maintenance fee remittance for the
following year
so to $99,999 50% of gross receipts from user fees
100,000 to $299,999 35% of gross receipts from user fees
300,000 and above 20% of gross receipts from user fees
The annual maintenance fee payment set forth above will be reduced bvthe amount of
any lease payment paid by Kidsports to the City as reimbursement for payments made
to the State of Montana by the City.
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