Insights for Kalispell Parks & Rec Public Comment from Camp AgapeFrom:Tyd Rogers
To:Mark Johnson
Cc:Kalispell Meetings Public Comment; Chad Graham; Kari Gabriel; Sam Nunnally; Ryan Hunter; Jessica Dahlman;
Sid Daoud; Jed Fisher; Chad Fincher; Eric Bratke
Subject:EXTERNAL Insights for Kalispell Parks & Rec
Date:Wednesday, December 3, 2025 10:17:14 AM
Attachments:Addendum A Whitefish- Special Event Permit addendum A.pdf
Addendum B Whitefish Trails- Legacy Partners Permit.pdf
Addendum C Colombia Falls Permit.pdf
Addendum D Bozeman 25 Permit 4032.pdf
Addendum E Bozeman 25 Camp Agape User Group Agreement signed.pdf
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Agape’ Ministries Global:
Camp Agape’ | Agape’ Academy | Agape’ Leadership | Agape’ Care
Camp Agape’ partnering with Easthaven Baptist Church
2010 Whitefish Stage Rd
Kalispell, MT 59901
Kalispell City Mayor, Commissioners &
Kalispell Parks & Recreation Director
To whom it may concern,
We trust your day is going well. The reason we would like to share this letter with you is because we
would like to see a change in how the City of Kalispell “rents” the city parks. We would like to see a
change because we have 18 plus years working with cities around Montana and frankly Kalispell has
the hardest process of “renting” a park. Therefore, we would like for you to explore the process and
policies of how the city “rents” a park. With that said, here’s what we have discovered.
First, we know that it is a great opportunity for cities to have parks for children to play and get
outdoors. It is also a great opportunity for cities to make it simple for families and organizations to
reserve those parks. It is our hope that Kalispell Parks & Recreation (KPR) will look over their
reservation policy and make changes so families and other organizations will have a simple process
of reserving a park in the future. To start off, we would like to share how other cities we work with,
share their parks w/ families and organizations. There are two categories that we work with, which
are: the cities who have a reservation policy and those who do not. Here they are.
The cities who have a reservation policy and what they do for families and
organizations.
· Whitefish Parks & Recreation
o Those who want to reserve a park need to fill out a reservation application.
§ This includes locations, dates and time.
o A city employee goes over the dates requested and gets back to the non-profit within 3
weeks.
o The non-profit okays the locations, dates & time and the park employee send out a contract.
§ An organization submits the liability insurance w/ the park district named on the policy.
o The Whitefish Parks & Rec charges $20-$50 per use.
o Please see addendum A for their permit.
· Whitefish Trails (Legacy Partners)
o Fill out a reservation application.
§ This includes locations, dates and time.
o An employee goes over the dates requested and gets back to the non-profit within 3 weeks.
o The non-profit okays the locations, dates & time and the park employee send out a contract.
§ The non-profit submits the liability insurance w/ Legacy Partners named on the policy.
o The permit is free.
o Please see addendum B for their permit.
· Columbia Falls
o Fill out a reservation application.
§ This includes dates and time (Whole day time slots)
§ An organization submits the liability insurance w/ the park district named on the policy.
o A city employee goes over the dates requested and gets back to the organization within 3
weeks.
o The organization okays the dates & times and the park employee sends out a contract.
o The Colombia Falls Parks and Rec Charges $44 per use. They also tier rates based on group
size.
o Please see addendum C for their permit.
· Bozeman Parks & Recreation
o Fill out a reservation application online.
§ This includes locations, dates and time (a minimum of 2 hour time slots).
o A park employee goes over the dates requested and gets back to the organization within 6
weeks.
o The organization okays the locations, dates & times and the park employee sends out a
contract.
§ An organization submits the liability insurance w/ the park district named on the policy.
o The Bozeman parks & rec charges $15 per date for a 2-hour time slot.
o Please see addendum D & E for their permit and user group agreement respectively.
The cities who do not have a reservation policy.
This means that any family or organization can enjoy the parks within that city any time or day.
· Polson Parks & Recreation
o They only ask for groups to communicate when we are coming.
· Belgrade Parks & Recreation
· Livingston Parks & Recreation
· Manhattan Parks & Recreation
· Three Forks Parks & Recreation
· Ennis Parks & Recreation
Kalispell Park & Rec’s process from our experience
Now we would like to share our experience with how Kalispell Parks & Rec handled our requests last
winter.
The process was not simple and difficult to understand.
Communicating with the staff was difficult. Staff did not intercommunicate well with each other,
causing us to re-explain several times the same requests.
Staff were unorganized and a park could not be “penciled in” unless we gave them our Liability of
insurance.
When we supplied the insurance, the KPR staff did not understand the coverage and did not
communicate with us that they did not understand it. When we reached out about it,
they let us know and we had to have our insurance company call them to explain it.
In this process they lost our insurance coverage and we had to send it to them again.
Because the insurance process took longer due to KPR staff not understanding our policy,
they lost our requests and we had to start the process over.
The process of “renting” a park consists of a day policy even if a family or group does not need a
day. Most cities we have worked with have two-hour time slots or half-day time slots with
appropriate pay scale.
We have not seen a fee schedule for Kalispell’s parks even though we have requested one
several times. The comments we received were, “It is complicated” and “we don’t give
that out.”
We were quoted several different fees for parks last winter.
The cost of “renting” a park is not comparable to other cities we work with. Here’s an example:
Whitefish PR charges $60 per day,
Colombia Falls charges $44 per day, and
Bozeman P&R charges $15 for two hours. (BPR has a scale for how many hours a group
needs.)
In contrast, Kalispell PR charges $93 per day.
As was stated above, we believe all city parks should be enjoyed by children, and we know that the
city of Kalispell can do what they want with their parks. However, we are asking KPR and the city to
review, streamline and serve those who want to reserve a Kalispell city park.
Please know, we would love to share our ideas and thoughts on how KPR can make the park “rental”
process simple. Please reach out via email.
Thank you for your time and consideration on this matter.
Sincerely,
Tyd & Eric
Eric Bratke, Director of Camp Agape’ Kalispell
Eric.Bratke@AgapeMG.com
Tyd Rogers, Director of Agape’ Ministries Global
Tyd.Rogers@AgapeMG.com
2021
APPLICATION FOR SPECIAL EVENT PERMIT
Name of Sponsoring
Business or Organization:
Email Address:
Contact Person:
Phone: Cell Phone # of Contact Person during event:
Physical/Mailing Address
For-profit with non-profit partner: Non-profit: Non-profit federal identification number:
Event Name: Event Dates:
Location: Time(s):
Set Up Date / Time: Tear Down Date / Time:
Purpose of Event:
Anticipated Attendance: Any street closure requests?
(If so, please provide a map showing limits of closure.)
Any use of streets, sidewalks, or parking lots?
(If so, please provide a map showing which locations are requested for use.)
Any use of parks or City facilities? Yes/No Please check if you would like exclusive use.
(If yes, please provide a description of the event activities with a site map showing approximate layout of the event.)
Any charge for admission? Any amplified sound or music?
Any vendors? How many portable toilets will you be providing?
(Please provide location on a map)
Will Beer/Wine be consumed: Yes / No Will Beer/Wine be sold: Yes / No
(If you answered yes to either of the above Beer/Wine questions, a supplemental Beer/Wine Permit must be obtained as well.)
Event organizers must attach a Certificate of Insurance for comprehensive general liability insurance with either $2
million per occurrence or $1 million per occurrence and $1 million umbrella, naming the City of Whitefish as
an “Additional Insured.”
Insurance Provider: Policy Number:
If the event involves solely expressive activity, event organizers may request a waiver of the insurance requirement
by providing the City Manager documentation of indigent status or inability to obtain insurance coverage for the
event.
City Manager approval of insurance requirement waiver:
Event Organizers must pay a non-refundable, administrative processing fee of $110.00.
Park fees must also be paid at the time of application. Call the Parks and Recreation
Department at 406-863-2470 for help in calculating your fees prior to submitting
application and payment.
If the event involves solely expressive activity, event organizers may request a waiver of the administrative
processing fee by providing the City Manager documentation of indigent status.
City Manager approval of waiver of administrative fee:
Applications for special events must be complete and submitted to the Customer Service Specialist at least 15
days before the proposed event is to be held. Applications for special events involving solely expressive activity
must be complete and submitted to the Customer Service Specialist at least three days before the proposed event
is to be held.
By signing this application, the Sponsoring Business or Organization hereby agrees to defend, indemnify, and hold
harmless the City of Whitefish against losses and liabilities incurred from the conduct of the Sponsoring Business
or Organization or its officers, employees, and agents.
I hereby certify that the above information is accurate to the best of my knowledge.
Authorized Signature Date
Beer/Wine Permit Information Form
If beer/wine will be consumed or sold, please provide a map showing limits of premises and describe on an
attached sheet the security arrangements made to ensure open containers will be limited to controlled areas.
Fencing must be self-standing, at least 3 feet in height, and must surround the entire area where alcohol is served
and consumed. A barrier made with a single rope will not be sufficient.
Will Beer/Wine be provided free of charge Yes / No
If yes, a Beer/Wine permit must be purchased.
Will Beer / Wine be sold: Yes / No
If yes, one of the following permits must be obtained and submitted with this application:
- For alcohol that will be served by a catering company, the catering company must obtain a $35 Catering
Permit from the Customer Service Specialist.
- For alcohol that is purchased and sold by the event coordinator, the event coordinator must obtain a One
Time Use Permit through the Montana State Liquor Division. Please call 1-866-859-2254 to apply.
If you answered “yes” to any of the above questions, please initial the following:
Applicant will ensure that all participants comply with all laws and ordinance regulating the
(initial) consumption of the beer and or wine.
No underage person will be allowed to consume beer and or wine.
(initial)
Anyone who appears legally intoxicated will be refused further beer/wine and will be immediately furnished
(initial) transportation home.
All beer and or wine containers will be properly disposed of.
(initial)
Applicant will defend and hold harmless the City of Whitefish from any liability resulting from or arising out of
the selling or consuming of alcohol at the event.
(initial)
Applicant acknowledges this permit may be revoked for failure to comply with its terms.
(initial)
Authorized Signature Date
Application for Special Event Check List, Policies and Regulations
Please initial all items to show that you understand event policies. Return this form with the rest of the permit application.
A completed Application for Special Event Permit. If reserving a park, park availability must be confirmed prior to
application submittal. If alcohol will be served, an appropriate permit must be obtained.
No dogs are permitted in any public park within the city during any organized athletic or special event, with the
exception of service animals and within public dog parks. Event organizers are required to notify attendees that dogs are not
permitted in both promotional materials as well as through signage during the event.
A current original Certificate of Insurance naming the City of Whitefish as an “Additional Insured.” Some certificates
may have two pages. Please provide both pages.
A detailed map showing requested street closures, parking spaces closures, parade route, race route, a description of
the event activities, approximate tent/vendor locations in parks, temporary structures or facilities on public rights-of-way,
portable toilet locations, and alcohol control points. If an event crosses or takes place on an MDT route, the applicant needs
to complete an additional special use permit for MT State Highways (application available upon request).
Events involving a parade must ensure candy is not dispersed on private property.
A copy of any directional signage that will be utilized, including the dimensions and location of placement.
A condition of any race or event is the requirement for route markings or directions along the route. Signs are preferred
for marking routes. If marking on streets, trails or concrete, it must be done in very soluble paint or chalk that will disappear
after a rainstorm. Regular spray paint is not allowed.
A Special Event application must be submitted fifteen (15) days in advance of the special event. Historic park events
can save their event date up until December 31st the year prior. New park events can submit applications January 1 for the
following calendar year and are processed on a first-come first-serve basis. If the Special Event involves solely expressive
activity, a Special Event Application must be submitted three (3) days in advance.
Only persons 18 years of age and older may rent public facilities. To complete the application process, staff may verify
age of applicant via visual inspection of a photo ID or obtain a copy of photo ID.
The City of Whitefish discourages consecutive group functions & special events. Read and adhere to the Special Event
Guidelines, and the Depot Park Event Policy when applicable.
Please refer to City ordinances for regulations regarding amplified sound, tents, signs, or posters on public property.
Do not stake anything into park grounds without written approval from Whitefish Parks and Recreation Department.
Refunds for park/facility fees will not be given for inclement weather conditions. Reservations for park/facility fees
must be cancelled at least 48 hours in advance to receive a partial refund. A 20% administration fee will be charged for all
refunds. The special event permit application administration fee is non-refundable.
It is the responsibility of the applicant to pay for all costs of damages that may occur during their function.
Restrooms are subject to seasonal closing. For events of 75 attendees or more, event organizers may be required to
provide portable toilets. Garbage service for events is not provided and all garbage must be removed after an event. Garbage
receptacles and dumpsters can be rented from Republic Services.
I understand that if the Parks & Recreation staff is required to clean the facility after my event, the cost will be $25.00
per staff hour minimum (for cleaning, in addition to necessary materials and supplies). If there is a cleanliness issue or
noticeable damage, please report it to the Parks office @ 863-2470 immediately. Cleaning supplies, brooms and mops are
located in the posted cleaning supply closet in each facility. Garbage is to be disposed of in the outside receptacles. For events
of 75 attendees or more, event organizers must have a trash removal plan identified in the application.
Events with retail/food vendors are subject to the 3% Resort Tax. Event organizers are responsible for submitting a
spreadsheet of all participating vendors prior to the event date. Required vendor information includes the business
name, a brief description of items sold, contact name, address, phone number and email. Vendor lists can be
emailed to customerserviceclerk@cityofwhitefish.org. Vendors subject to Resort Tax make must provide payment with the
Resort Tax Transmittal Form to the Customer Service Specialist by the 20th of the month following the event. A letter to the
Vendor, a list of exempt and taxable items, and the Resort Tax Transmittal Form is included in this packet.
The City Manager may deny an application for a special event permit or revoke a permit if the applicant has failed to
meet conditions and operate within the parameters of a previous special event permit granted by the City.
Fee Schedule for Events being held at a City Park or Facility
Facility Daily ½ Day Non-Profit
Daily
Non-Profit ½ Day Daily
Occupancy
Non-Profit
Daily
Occupancy
Depot Park*
City Beach* (am only
Memorial-Labor Day)
$250; $300
(non-resident)
$125; $150
(non-resident)
$200; $240
(non-resident)
$100; $120 (non-
resident)
$125; $150
(non-
resident)
$100; $120
(non-resident)
Baker Park*
Riverside Park
Soroptimist Park*
Mtn. Trails Park
Memorial Park
Dave Olseth Skate Park
WAG Park
$125; $150
(non-resident)
$75; $90 (non-
resident)
$100; $120
(non-resident) $50; $60 (non-
resident)
$62.50; $75
(non-
resident)
$50; $60 (non-
resident)
Kay Beller Park $75; $90 (non-
resident)
$40; $48 (non-
resident)
$50; $60 (non-
resident)
$30; $36 (non-
resident)
$37.50; $45
(non-
resident)
$25; $30 (non-
resident)
City Beach Gazebos
Depot Park Gazebo
$100; $120
(non-
resident)
$40/time
block,
$48/time block
(non-resident)
$85; $102
(non-resident)
$35/time block,
$42/time block
(non-resident)
NA NA
Baker Park Gazebo $75; $90
(non-resident)
$30/time block,
$36/time block
(non-resident)
$60; $72 (non-
resident)
$25/time block,
$30/time block
(non-resident)
NA NA
Soroptimist Gazebo
Rocksund Trail Gazebo
$60; $72
(non-resident)
$25/time block,
$30/time block
(non-resident)
$50; $60 (non-
resident)
$20/time block,
$24/time block
(non-resident)
NA NA
Roy Duff Armory Building $250; $300
(non-resident)
$50 hourly; $60
(non-resident)
$200; $240
(non-resident)
$40 hourly; $48
(non-resident)
NA NA
Grouse Mtn. Tennis Courts
Riverside Tennis Courts
Grouse Mtn. Fields
$100
per field/court;
$120 (non-
resident)
$25 hourly
per field/court;
$30 (non-
resident)
$80
per field/court;
$96 (non-
resident)
$20 hourly
per
field/court;
$24 (non-
resident)
NA NA
Memorial Pickleball Courts
Memorial Basketball Courts
$75
per field/court;
$90 (non-
resident)
$20 hourly
per field/court;
$24 (non-
resident)
$65
per field/court;
$78 (non-
resident)
$15 hourly
per field/court; $18
(non-resident)
NA NA
Armory Softball Fields
Armory Lacrosse Fields
Armory Park Pump Track
$60
per field/court;
$72 (non-
resident)
$15 hourly per
field/court; $18
(non-resident)
$40 per
field/court; $48
(non-resident)
$10 hourly per
field/court; $12
(non-resident)
NA NA
*Use of 1 gazebo included in park rental.
*Non-residents are defined as those living outside city limits.
*Gazebo Time Blocks are 6am-11am, 12pm-5pm, 6pm-11pm.
*Occupancy fee is defined as a charge for the impacts of leaving an event setup in between event dates.
*Park fees will be charged for entire duration of the impact to the park, including set-up, event times, and take down.
Menu of Additional Services
Additional Service Fee Check if
needed
Specific number
needed
Fee Total
Electrical Setup and
Equipment Rental*
$75 per event/ per box
Sports Field Line Painting $100 per occurrence
100-450 Square Foot Tent
Irrigation Location
no charge
451-800 Square Foot Tent
Irrigation Location
$25 per tent
800-3600 Square Foot Tent
Irrigation Location
$50 per tent
3600 + Square Foot Tent
Irrigation Location
$75 per tent
Alcohol Permit $20 per event (0-25 people);
$30 (26-74 people); $50 (75+
people)
Catering Permit $35
*Basic 120-volt electrical outlets are available at Depot Park free of charge. Additional electrical boxes can be
requested and include one 250 volt plug and 6 additional 120 volt plugs.
**Office Use Only**
Alcohol Permit Fee: $
Administrative Fee: $ (Non-refundable)
Park/Facility Fee: $
Additional Services Fee Total $
TOTAL: $
Approved/Denied
_______________ _______________________________________________________________ ________
Parks and Recreation Director Date
_______________ _______________________________________________________________ ________
Police Chief Date
_______________ ______________________________________________________________ ________
Fire Chief Date
_______________ ____________________________________________________________ ________
Public Works Date
See Attached Comments.
CONDITIONS OF PERMIT:
1.___________________________________________________________________________________________
2.___________________________________________________________________________________________
3.___________________________________________________________________________________________
4.___________________________________________________________________________________________
Reasons for Conditions Imposed:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Permit issued:___________ City Manager: ___________________________________
If Denied Reasons for Denial:
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Dated: _____________ City Manager: ___________________________________
P.O. Box 158 • Whitefish, MT 59937 • (406) 863-2400 • Fax: (406) 863-2419
Dear Special Event Organizer:
The City of Whitefish is pleased to support various Special Events with appropriate donations of City resources. The
numbers of special events and requests for support have grown in recent years, compelling us to issue this notice of
limitations for legal liability and allocation of materials, equipment, and staff.
All parties are hereby informed that regardless of the City’s willingness to provide supporting services, the City itself is not
a sponsor and the City does not accept any liability associated with any event unless such sponsorship and acceptance of
liability are specifically declared through direct action by the Whitefish City Council.
All parties are likewise informed that although the City agrees in good faith to provide timely services in support of certain
special events, unforeseen emergencies or necessitates exert a primary claim on any and all City resources at any time. In
the event of an emergency or mission critical demand, City staff, equipment, or other resources may be withdrawn
immediately and dispatched to other locations for an indefinite period of time.
The City will make every effort to avoid such an interruption. However, the Special Event Organizer(s) must recognize this
potential and make advance arrangements for back-up services to ensure their event’s success if City resources must be
reassigned.
Please feel free to contact the City Clerk at 863-2400 during regular business hours or Police Dispatch after hours at 863-
2420 if you have any questions.
This is to acknowledge I have read and understood the preceding statement of limitations for legal liability and allocation
of City resources for special events.
Event Organizer Signature Date
241
To: Special Events’ Vendors
Re: City of Whitefish Resort Tax Requirements
In November, 1995, the voters in Whitefish enacted a limited sales tax on luxury items called a Resort Tax. On April
28, 2015, the electorate also voted to increase the Resort Tax. The Resort Tax is now a 3% sales tax on all luxuries as
defined in the Resort Tax Ordinance. After July 1, 2015, all vendors and merchants, including temporary vendors and
vendors at special events, who sell such defined luxury items need to remit a 3% tax to the City of Whitefish.
Most vendors add the tax as a separate charge, however some incorporate the 3% tax into their pricing of the item. How
you incorporate the tax into your pricing structure is up to you, but the imposition of the tax is on the end purchaser;
the vendor is just an agent of the City for collection of the 3% Resort Tax from the end purchaser.
On the back of this sheet is a list of goods and services which are subject to the 3% Resort Tax and items which are
exempted or not subject to the 3% Resort Tax. While this table is a guide for compliance, it is not a complete list andif
you sell items for which you are unsure as to its tax effect, please call me at 406-863-2406 or send me an email asking
for an interpretation. We can provide you filing forms for submitting the Resort Tax Remittance or you can download
a form from our website at http://www.cityofwhitefish.org/city-hall/resort-tax.php . If you are a regular vendor who
files monthly Resort Tax forms, you may just include your special event revenues and taxes in your monthly filing.
Filing forms and tax payments are due by the 20th of the month following the special event.
Thank you for complying with the City of Whitefish’s Resort Tax. The funds are used for road improvements, park
and trail improvements, preservation of our watershed, and property tax relief. Many of the amenities that you and
your customers use at or to get to the special event may be paid for in part by the Resort Tax. Compliance withour
Resort Tax code will ensure that you will be able to continue vending at special events in Whitefish in the future.
Sincerely,
City Manager
Typical Items of Temporary Vendors
Subject to 3% Resort Tax
Typical Items Sold By Temporary
Vendors That Are Exempt from 3% Resort
Tax
Foodstuffs intended for immediate consumption Food purchased unprepared or unserved
Soda Pop, Bottled Water, and Candy Groceries
Baked Goods (intended for immediate Baked Goods for later consumption (e.g. bread, a
dozen doughnuts) consumption)
All alcoholic beverages Produce
Tobacco Medicine
Souvenir items, gift items Medical Supplies
Toys Hardware supplies and tools
Pet supplies Necessities of life
Books Vitamins
Jewelry and Art Housewares and Sundries
Finished Craft Items Stationary and office supplies
Antiques, second hand store items Furniture and Home Furnishings
Sporting Goods and bicycles Craft Items and Supplies
Records, tapes, CD’s, DVD’s Non-profit fund raisers
Clothing Cleaning Supplies
Cut Flowers and Floral Arrangements Personal Hygiene Items
Cosmetics Baby and Child Care Products
Candles
WHITEFISH TRAIL
ORGANIZED USE APPLICATION
Name of Sponsoring Business or Organization: ______________________________________________________
Email Address:_______________________________________Contact Person:____________________________
Phone:___________________________ Cell Phone # of Contact Person during event:_______________________
Physical/Mailing Address__________________________________________________________________________
Activity Name: _________________________________________ Activity Dates: ____________________________
If the sponsoring organization is a non-profit, provide federal identification number: _______________________
Location: _______________________________________________________________________________________
Event Time:__________________Set Up Date/Time:________________ Tear Down Date / Time: ______________
Description of Use:_____________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
Use of Trailhead:_________________________________________________ Anticipated Attendance: __________
Any charge for admission? ____________________________ Any vendors? ______________________________
Event organizers must attach a Certificate of Insurance for comprehensive general liability insurance naming
the City of Whitefish, and appropriate landowners if required, as an “Additional Insured.” Insurance
requirements are listed on page 2.
Insurance Provider: ____________________________ Policy Number:____________________________________
By signing this application, the Sponsoring Business or Organization hereby agrees to defend, indemnify, and
hold harmless the City of Whitefish against losses and liabilities incurred from the conduct of the Sponsoring
Business or Organization or its officers, employees and agents. I hereby certify that the above information is
accurate to the best of my knowledge.
_______________________________________ _______________________________
Authorized Signature Date
Applications should be sent to Whitefish Legacy Partners, P.O. Box 1895, Whitefish, MT 59937
or emailed to info@whitefishlegacy.org.
Application for WT Organized Use Check List, Policies and Regulations
Please initial all items to show that you understand event policies or indicate N/A
_____ A completed Application for a WT Organized Use Permit. Applications for events in Haskill Basin must be
submitted 40 days in advance. Other locations must be submitted 15 days in advance and can only be submitted one
year prior to the event.
_____ A current original Certificate of Insurance naming the City of Whitefish, and/or appropriate landowners as an
“Additional Insured.”
• The City requires general liability insurance with either $2 million per occurrence or $1 million per occurrence
and $1 million umbrella.
• Winter Sports Inc requires general liability insurance with $1 million per occurrence, $1 million personal and
Advertising Injury-per person or organizational limit, and $2 million general aggregate.
• FH Stoltze Land and Lumber Company requires commercial general liability insurance with limits of
$1,000,000 per occurrence.
_____ A map showing areas of use, race route, a description of the event activities, approximate tent/vendor locations,
and portable toilet locations.
_____ If alcohol will be served or sold, an appropriate permit must be purchased from the State unless operating under a
vendor license.
_____ Only persons 18 years of age and older may rent public facilities. To complete the application process, staff may
verify age of applicant via visual inspection of a photo ID or obtain a copy of photo ID.
_____ It is the responsibility of the applicant to pay for all costs of damages that may occur during their function.
_____ During an event, food and other items such as trash, coolers, stoves, grills, etc. should not be left unattended. If
leaving the event site, food items must be stored in a bear resistant manner such as in a locked, hard-sided vehicle. All
garbage needs to be removed after the event.
**Office Use Only**
Approved/Denied
_______________ ________________________________________________________________
Date Parks and Recreation Director
_______________ _______________________________________________________________
Date Whitefish Legacy Partners
CONDITIONS OF PERMIT:
1. ______________________________________________________________________________
2. ______________________________________________________________________________
Reasons for Conditions Imposed:
_____________________________________________________________________________________
If Denied Reasons for Denial:
_____________________________________________________________________________________
F:\Public\Parks & Pool\Application for Special Use Permit\Application for Use.docx
APPLICATION FOR SPECIAL USE PERMIT
CITY OF COLUMBIA FALLS
Name of Event
Organization Sponsoring Event Organization Officer/Authorized Representative
Mailing Address City State Zip
Daytime Phone Number Email
Date Requested: Facility Requested:
Time of Use: Anticipated Attendance:
What contingency plan will be in place if attendance substantially exceeds estimates?
Description of Event and Activity in Detail:
Do you plan to sell, serve, consume or possess beer, wine or other alcoholic beverages in
Marantette Park or River’s Edge Park (the only parks permitted for alcohol)? _________ if yes;
must complete an Alcohol Addendum & include a $75.00 fee.
Do you plan to use a bounce house or similar inflatable device?
If yes; must complete an Inflatable Device Addendum
Describe any recording equipment, sound amplification equipment, banners, party tents, signs, or
other attention-getting devices to be used in connection with the event:
F:\Public\Parks & Pool\Application for Special Use Permit\Application for Use.docx
Street Closures/Parking Restrictions requested, if any:
Please specify what (if any) city equipment/assistance is requested (road barricades, trash containers,
traffic assistance, crowd control, etc.):
Please specify what arrangements have been made for clean-up after the event:
Please specify what arrangements have been made for parking (for attendance of 100 people or more):
INSURANCE: Required**:
**Attach a copy of Insurance Policy
Not Required:_
A Certificate of Liability Insurance in the amount of at least $750,000 per occurrence and $1.5 million
aggregate must be submitted to the Columbia Falls City Clerk’s Office prior to any permit being
issued. The Certificate of Insurance must name the City of Columbia Falls as an additionally named
insured on the policy. For insurance questions please contact Barb Staaland at (406) 892-4391.
Insurance Provider: Policy Number:
APPLICANT AND ORGANIZATION AGREE TO:
1. Payment.
2. Assume responsibility for any damages to the facility due to misuse or neglect,
caused by persons attending the event or activity.
3. Pay for all costs of any damages that may occur during the event or activity.
4. Not seek refunds from the City for inclement weather conditions, unless adequate
notice is provided.
5. Know and follow all City rules and regulations provided by the City.
6. Collect and dispose of all garbage and debris resulting from the event in trash receptacles.
7. Properly control and supervise all activities.
8. Provide a copy of their City Business license, if applicable.
9. Provide a copy of their Food Purveyors License from MT Dept. of Public Health, if applicable.
10. Provide own backup power and water in case of power outages or vandalism, if applicable.
11. Move mobile concessions immediately upon conclusion of the event, if applicable.
12. PLEASE BE MINDFUL THAT THE PARK IS A FAMILY AREA - WATCH
CONTENT/LANGUAGE AND ACT ACCORDINGLY AND
APPROPRIATELY.
13. OTHER CONDITIONS:
F:\Public\Parks & Pool\Application for Special Use Permit\Application for Use.docx
TERMS AND CONDITIONS
As an agent and acting on behalf of the requesting agency or organization, I hereby certify that the
information above is complete and correct.
WAIVER OF LIABILTY
I hereby certify that I have read and understand the policies and procedures regarding the use of
City facilities. I further agree to hold the City of Columbia Falls, its Governing Body, the individual
members thereof, and all officers, agents and employees free and harmless of any loss, damage,
liability, cost or expense that may arise during or be caused in any way by such use or occupancy of City
property.
APPLICANT’S SIGNATURE: DATE:
City Representative:
***OFFICE USE ONLY***
Use Fee: $_____________________ Cash:___________________ Check #:_________________
Alcohol Fee: $_____________________ Cash:___________________ Check #:_________________
CANCELLATION Must be canceled within 48 hours of the scheduled event
SPECIAL USE FEES: - Single Day Use Fees
Group Size In City Out of City
UP TO 50 $35.00 $44.00
51 - 75 $60.00 $75.00
76 - 100 $85.00 $106.00
100 or more Requires Special Agreement
Fees will be calculated by City Finance Director.
SEASONAL USE FEES FOR COURTS/FIELDS:
$50/WEEK
DON LAWRENCE AMPHITHEATER USE FEES:
Time Period Use Fee
Up to 4 hours $50.00
Full Day (over 4 hours) $100.00
Additional fees may apply if risers and/or PA system are used.
ALCOHOL ADDENDUM:
An administrative fee of $75.00 will be assessed to process each Alcohol Addendum Form.
12.40.010 Closing Hours-Generally
All city parks within the city shall be closed to public usage between the hours of ten p.m. and six a.m. the
following day.
12.40.030 Permits For Use
The city council of the city may grant permits for use to responsible applicants during the hours prescribed in
Sections 12.40.010 and 12.40.020 of this Code and hours otherwise closed. The city council of the city may grant
permits for such use that includes the consumption and/or sale of alcohol if granted in conjunction with a special
permit.
12.40.035 City Park Rules
The following rules apply to conduct in City parks of Columbia Falls
A. Camping is prohibited unless approved by City Council pursuant to §030 of this part.
B. Pets.
1. All pets must be kept on a leash. For purposes of this section the term “leash” is a chain, rope, or
strap for leading or holding an animal in check and such leash must physically tether pets to a
person or a stationary object.
2. Pet owners are responsible for removal of any waste deposited by their pets.
C. Events. All scheduled events or groups of more than 25 people must complete an application for park use
from city hall.
D. No fireworks may be discharged in any city park.
E. Pursuant to Chapter 9.28 “Weapons”, no firearm or other projectile weapons may be discharged in city
parks.
F. Open flame fires and recreational burning are prohibited in city parks, unless done so in an area specifically
designated and marked as such by the City.
G. No unauthorized motor vehicles are allowed beyond designated parking areas.
H. Livestock is not allowed in City parks.
I. It is prohibited to destroy, deface, injure, remove, or otherwise damage any natural or improved city park
property. Willful or negligent cutting, destruction, or mutilation of any tree, shrub, or plant as well as any
disturbance or removal of any topsoil cover is also prohibited.
J. No person shall use city parks for any commercial purpose without first securing permission from City
Hall.
K. The sale and/or consumption of alcohol is prohibited unless approved by the City Council pursuant to
Section 030 of this part.
12.40.040 Posting Of Regulations
Signs giving notice of city park rules shall be posted.
12.40.050 Specified Parks For Special Permits
The City Parks in which events may be held, which include the sale and/or consumption of alcohol pursuant the
City’s granting of the permits and special permits required hereunder include River’s Edge Park and Marantette
Park.
F:\Public\Parks & Pool\Application for Special Use Permit\User Fees for Application of Use.docx
Inflatable Device Addendum
Indemnification:
Vendor shall agree to indemnify, protect, defend, save and hold harmless the City, its officers,
employees, agents, and volunteers from and against any and all liability, claims, suits, and causes of
action for death or injury to persons, or damage to property, resulting from intentional or negligent acts,
errors, or omissions of Vendor arising out of the setup, use or operation of the whole or in part, by the
willful misconduct, negligent acts, or omissions of Vendor, which occurs related to the setup, use or
operation of the Inflatable Structure. The Vendor further agrees to waive all claims against the City on
account of any loss, damage, or injury from whatever cause which may occur to it and its property in the
use and occupancy of said described premises, the giving of this waiver is one of the considerations
upon which this Agreement is granted.
Insurance Requirements:
The Vendor agrees to furnish the city a CERTIFICATE OF LIABILITY INSURANCE from their entity providing
liability insurance coverage that also identified the CITY as an ADDITIONAL INSURED on the
CERTIFICATE OF LIABILITY INSURANCE and that the policy is primary and non-contributory. The
CERTIFICATE OF LIABILITY INSURANCE coverage limits at a minimum shall provide liability insurance
coverage in accordance with Montana State Statute, Section 2-9-108 MCA of $750,000 for each claim
and $1.5 million for each occurrence. The CERTIFICATE OF INSURANCE shall also provide that the
insurance coverage shall not be amended, altered, canceled, or reduced without providing at least ten
(10) days advance written notice to both the insured as well as to the City.
Applicant/Vendor Date
F:\Public\Parks & Pool\Application for Special Use Permit\Inflatable Device Addendum.docx
F:\Public\Parks & Pool\Application for Special Use Permit\ALCOHOL ADDENDUM.docx
ALCOHOL ADDENDUM
If it is the request of the applicant to sell, serve, consume or possess beer, wine, or other alcoholic
beverages at a special event held on City owned or maintained property, the following information
and documentation must be provided:
Name of Event
Organization Sponsoring Event
Non-Profit Organization: Yes / No
If yes, please provide Non-Profit ID Number:
Organization Officer/Authorized Representative
Mailing Address City State Zip
Daytime Phone Number
Email
Name and contact information of licensed Brewers, Distillers, Caterer, if applicable:
Provide a copy of the State license and a copy of the City Liquor License:
F:\Public\Parks & Pool\Application for Special Use Permit\ALCOHOL ADDENDUM.docx
ALCOHOL ADDENDUM (Continued)
Provide a detailed plan that ensures that underage persons will not obtain alcoholic beverages
served at the event, and the precautions proposed, such as fencing barriers to create separation, use
of ID bracelets, and manned security to adequately secure and supervise the area and the
participants during the events:
Please describe any alcohol restricted areas planned for the event and how they will be bounded:
Check that you have provided proof of liquor liability insurance coverage for the event.
(Attach a copy)
Check that you have provided proof of compliance with Department of Revenue
requirements for the event. A completed application with fees and approvals must be
received by the Department of Revenue three (3) days prior to the event. Please contact the
Department of Revenue at (406) 444-2511.
**Office Use Only**
Applicant Age Verification: Employee Initials
Approved:
Initials City Manager Date
Initials Police Chief Date
Initials Fire Chief Date
Initials Public Works Director Date
F:\Public\Parks & Pool\Application for Special Use Permit\ALCOHOL ADDENDUM.docx
ALCOHOL ADDENDUM (Continued)
ACKNOWLEDGMENT OF LEGAL RESPONSIBILITIES
• The holder of this special event permit is solely responsible for all actions of his/her group,
and for the welfare of the public at the event, for all property belonging to the group and to
the City, and for adhering to the Columbia Falls Municipal Code and the laws of the State of
Montana.
• Applicant understands that a trained volunteer or employee in one of the preapproved
MDOR training courses must be present at all points of sale and service.
• Applicant understands that it must pay all fees and deposits as required.
• Applicant understands that its permit can be revoked at any time for just cause, that its
deposit may not be returned, and it may not be able to obtain a new permit in the future for
violations of the law such as providing alcohol to a minor (MCA 16-6-305), providing alcohol
to an intoxicated person (MCA 16-36-304), drinking if not of legal drinking age (MCA 45-5-
624), or driving while intoxicated (MCA 61-8-401).
• Applicant understands that all beer and/or wine containers will be properly disposed of.
• Applicant will ensure that all participants comply with all laws and ordinances regulating
the consumption of alcohol.
• Applicant represents, covenants, and affirms that no underage person will be allowed to
consume alcohol at the event.
• Applicant represents, warrants, and covenants that anyone who appears legally intoxicated
will be refused further alcohol and will be immediately escorted from the premises of the
event.
• Applicant will protect, hold harmless, and indemnify the City, its governing board, the
individual members thereof and all of its officers, agents, and employees from any liability
resulting from the breach of this agreement or from the consumption of alcohol on City
property during the event.
• I, as an agent and acting on behalf of the Applicant, have read and understand all of the
policies and regulations contained in the permit, those regarding the use of public facilities
within the City, and those regarding the consumption of alcohol.
Signature of Applicant Date
Print Name
Bozeman Parks & Recreation Facility Rental Permit PERMIT #4032 Page 1 Customer Initials: ________________
Bozeman Parks & Recreation
PO Box 1230
Bozeman, MT 59771
406-582-2290
recdept@bozeman.net
https://www.bozeman.net/departments/parks-
and-recr
PERMIT #4032 Authorized On: 02/05/2025 06:40 PM
Permit Holder
Camp Agape
1301 Park View PL
Bozeman, MT 59715
Authorized Agent
Katherine Canter
406-582-2290
recdept@bozeman.net
https://www.bozeman.net/departments/parks-and-recr
RESERVATIONS
Location Facility Date Time Hours Estimate
Lindley Park Open Space-East Wed, Jun 11th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Wed, Jun 11th 2025 12:00 PM-02:00 PM 2.00 $30.00
Addons Processing Fee $25.00
Addons Total $25.00
Softball Complex Playground Mon, Jun 16th 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Mon, Jun 16th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Jun 16th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Mon, Jun 16th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Tue, Jun 17th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Thu, Jun 19th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Thu, Jun 19th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Fri, Jun 20th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Fri, Jun 20th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Jun 23rd 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Mon, Jun 23rd 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Thu, Jun 26th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Thu, Jun 26th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Fri, Jun 27th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Fri, Jun 27th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Fri, Jun 27th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Jun 30th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Tue, Jul 1st 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Parks & Recreation Facility Rental Permit PERMIT #4032 Page 2 Customer Initials: ________________
Location Facility Date Time Hours Estimate
Glen Lake Rotary Park Open Space Tue, Jul 1st 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Tue, Jul 1st 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Mon, Jul 7th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Tue, Jul 8th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Thu, Jul 10th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Thu, Jul 10th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Thu, Jul 10th 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Fri, Jul 11th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Jul 14th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Mon, Jul 14th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Tue, Jul 15th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Tue, Jul 15th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Fri, Jul 18th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Mon, Jul 21st 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Mon, Jul 21st 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Tue, Jul 22nd 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Thu, Jul 24th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Thu, Jul 24th 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Mon, Jul 28th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Jul 28th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Thu, Jul 31st 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Mon, Aug 4th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Tue, Aug 5th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Thu, Aug 7th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Thu, Aug 7th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Mon, Aug 11th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Tue, Aug 12th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Tue, Aug 12th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Thu, Aug 14th 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Thu, Aug 14th 2025 12:00 PM-02:00 PM 2.00 $30.00
Softball Complex Playground Thu, Aug 14th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Fri, Aug 15th 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Fri, Aug 15th 2025 12:00 PM-02:00 PM 2.00 $30.00
Lindley Park Open Space-East Mon, Aug 18th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Tue, Aug 19th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bozeman Ponds Open Space Tue, Aug 19th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Wed, Aug 20th 2025 12:00 PM-02:00 PM 2.00 $30.00
Glen Lake Rotary Park Open Space Fri, Aug 22nd 2025 12:00 PM-02:00 PM 2.00 $30.00
Kirk Park Open Space Mon, Aug 25th 2025 12:00 PM-02:00 PM 2.00 $30.00
Bogert Park Open Space Mon, Aug 25th 2025 12:00 PM-02:00 PM 2.00 $30.00
TOTAL:$1,825.00
Bozeman Parks & Recreation Facility Rental Permit PERMIT #4032 Page 3 Customer Initials: ________________
1
PARK USE AGREEMENT FOR USE OF
Lindley Park Open Space
Glen Lake Rotary Park Open Space
Bogert Park Open Space
Kirk Park Open Space
Bozeman Softball Complex - Playground
Bozeman Pond Park
BY
Camp Agape
2025
THIS LICENSE (“Agreement”) is entered into by and between the City of Bozeman, hereinafter referred
to as the “City” and Camp Agape hereinafter referred to as “GROUP”.
WHEREAS, the City is the owner of Lindley Park located on E Main St & Buttonwood Ave in Bozeman, MT
; and Glen Lake Rotary Park located on Manley Road in Bozeman, MT; and Bogert Park located on South
Church Ave. in Bozeman, MT; and Kirk Park located on N 20th Ave. in Bozeman, MT; and Bozeman
Softball Complex located on Haggerty Ln. in Bozeman, MT; and Bozeman Ponds Park located on S Fowler
Dr. in Bozeman, MT; and
WHEREAS, the City is willing to make Lindley Park, Glen Lake Rotary Park, Bogert Park, Kirk Park,
Bozeman Softball Complex-Playground, and Bozeman Pond Park reasonably available to GROUP only for
uses contemplated by this agreement provided GROUP agrees to undertake the responsibilities and
liabilities incidental to its use of Lindley Park, Glen Lake Rotary Park, Bogert Park, Kirk Park, Bozeman
Softball Complex, and Bozeman Ponds Park pursuant to the terms of this agreement; and
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows:
1. Grant of License; Term. City hereby gives permission, revocable and terminable as hereinafter
provided, to GROUP for priority use of Lindley Park, Glen Lake Rotary Park, Bogert Park, Kirk
Park, Bozeman Softball Complex-Playground, and Bozeman Pond Park during the period
commencing as listed in Permit #4032
2. User Fee. GROUP agrees to pay the park use fee outlined in Permit #4032 and a $25 non-
refundable processing fee. Payment is due upon signing this agreement.
3. Termination. The City will notify GROUP, in writing, of any breach of the user group agreement.
Upon receipt of this notice, GROUP must arrange a meeting with the City to discuss the breach
and/or violation and available remedies. If an agreement cannot be reached regarding a
remedy, the City reserves the right to revoke or terminate this agreement. Then (10) days’
2
written notice will be given, at a minimum, of such revocation or termination. Notwithstanding
the foregoing, the City may revoke or terminate this agreement without notice effective
immediately if the City deems it necessary to protect the public health, safety or welfare. Upon
revocation, surrender or termination of this agreement, GROUP agrees to quietly and peaceably
surrender the premise in the same condition as the premises were in at the time the use
commenced.
GENERAL CONDITIONS
1. GROUP understands that park maintenance can be unpredictable and takes priority over
GROUP’S use during the term of this agreement. GROUP agrees to accommodate and work
around park maintenance as needed.
2. GROUP understands that vehicles, trailers, and campers shall only be driven and parked in
designated areas. Parking and driving on grass is prohibited unless approved by the Parks
Superintendent or designee.
3. Contacts. GROUP will be responsible for designating an individual who will be the appointed
designee for GROUP. Designee will provide a list of numbers and email addresses of all
leadership personnel. If applicable, they will be responsible for the initial walk-through, final
walk-through, and any assessment charged to the user group pursuant to this agreement.
4. Subleasing. There shall be no SUBLICENSING of courts. Sublicensing of a park space shall be
cause for forfeiture of any security deposit and termination of this agreement. Time frames not
identified in this agreement, will be open to the public or may be reserved by another group.
5. Condition of Premises. It is expressly understood and agreed that the GROUP agrees to maintain
and leave all facilities clean, safe, and in a sanitary condition. Failure to do so will result in the
GROUP paying all costs incurred by the City to return the premises to its original condition. The
City may apply any security deposit received from the GROUP toward such costs.
6. Alcohol. Alcohol is NOT permitted during the term of this agreement.
7. Property Rights. No property rights or interest is intended to be conveyed by this agreement.
GROUP acknowledges the title of the City to the above-described property and agrees never to
deny such title, or claim, at any time, any interest or estate of any kind or extent whatsoever in
the property by virtue of this agreement or its occupancy or use hereunder.
8. Waiver of Claims. GROUP waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this agreement except for the City’s own “fraud, for willful injury to the person
or property of another, or for violation of law, whether willful or negligent” as per 28-2-702,
MCA.
3
9. Laws and Regulations. GROUP shall comply fully with all applicable state and federal laws,
regulations, and municipal ordinances.
10. Modification. This agreement represents the entire understanding between the City and GROUP
regarding the subject matter of this agreement and supersedes any prior agreement, verbal or
written. Any amendment or modification to this agreement or any provision herein shall be
made in writing and executed in the same manner as the original document and shall after
execution become part of the license.
11. Applicable Law. This agreement shall be governed by Montana law. Jurisdiction for any dispute
or claim raised under this agreement shall lie solely in the State of Montana, Gallatin County.
INDEMNITY AND INSURANCE
GROUP agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City) 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 negligent, reckless, or intentional misconduct of
the GROUP; or (ii) any negligent, reckless, or intentional misconduct of any of the GROUP’s agents.
Inflatable structures. GROUP agrees to indemnify, protect, defend, save and hold harmless the City, its
officers, employees, agents, and volunteers from and against any and all liability, claims, suits, and
causes of action for death or injury to persons, or damage to property, resulting from intentional or
negligent acts, errors, or omissions of GROUP arising out of the setup, use or operation of inflatable
bounce houses or other similar inflatable apparatus (the “Inflatable Structure”), or resulting from any
violation of any federal, state, or municipal law or ordinance, the extent caused, in whole or in part, by
the willful misconduct, negligent acts, or omissions of GROUP, which occurs related to the setup, use or
operation of the Inflatable Structure.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. 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).
GROUP’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 GROUP to assert its
right to defense or indemnification under this Agreement or under the GROUP’s applicable insurance
policies required 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 GROUP was obligated to defend the claim(s) or was obligated to indemnify the indemnitee
for a claim(s) or any portion(s) thereof.
4
In the event of an action filed against City resulting from the City’s performance under this Agreement,
the City may elect to represent itself and incur all costs and expenses of suit.
GROUP further agrees to waive all claims against the City on account of any loss, damage or injury from
whatever cause which may occur to it and its property in the use and occupancy of the City premises
described in this Agreement, the giving of this waiver being one of the considerations upon which this
Agreement is granted except for “responsibility for City’s own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, GROUP shall at GROUP’s expense secure insurance
coverage through an insurance company or companies duly licensed and authorized to conduct insurance
business in Montana which insures the liabilities and obligations specifically assumed by the GROUP in
this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by
the GROUP in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may
be asserted or claimed against, recovered from, or suffered by the City without limit and without regard
to the cause therefore and which is acceptable to the City and GROUP shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not less than as
follows:
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate.
The GROUP may satisfy the above requirement by use of Special Event Insurance approved by the City.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and
employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on
the policy. The insurance and required endorsements must be in a form suitable to City and shall include
no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the GROUP using City facilities. GROUP shall notify City within two
(2) business days of GROUP’s receipt of notice that any required insurance coverage will be terminated or
GROUP’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the GROUP using City facilities.
Proof of insurance must be provided to the City at least two (2) weeks prior to the commencement date
of the use.
NONDISCRIMINATION POLICY
GROUP agrees not to 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. GROUP shall require these nondiscrimination terms of its subcontractors
performing this agreement.
5
END OF AGREEMENT EXCEPT FOR SIGNATURES
IN WITNESS WHEREOF, on this date ________________________________
CITY OF BOZEMAN CAMP AGAPE
_____________________ ______________________
Katie Canter Tyd Rogers
Contracts and Sports Parks Coordinator
City of Bozeman Parks & Recreation