E6. Legion Baseball Assoc. Sub Lease AgreementCITY OF
KALISPELL
Memorandum
To: Jarod Nygren, City Manager
From: Chad Fincher, Parks, and Recreation Director
Subject: Kalispell Lakers Sub -Lease
Meeting Date: April 20, 2026
Background: The City of Kalispell entered into a 20-year lease agreement with the Kalispell
Legion Baseball Association (KLBA) for the use and management of City -owned baseball
facilities commonly known as Griffin Field and Archie Roe Field, including associated
improvements such as the maintenance building, equipment storage areas, and concession
facilities in 2011. KLBA is now requesting to sub -lease to the Kalispell Public School District
(KPS) for Glacier High's new baseball team. The Master Lease requires City approval for any
sub -lease and also requires that the City be a signatory to such agreements. Under the proposed
sub -lease, KLBA would allow KPS to use designated portions of the facilitiesspecifically
Griffin Field and Archie Roe Field, along with associated amenities such as batting cages,
seating areas, restrooms, parking, and field equipment —for the limited purpose of operating high
school baseball programs. Use would primarily support Glacier High School varsity and junior
varsity baseball teams and related activities. The proposed sub -lease establishes a defined
seasonal term, operational responsibilities, and cost -sharing structure. KLBA would remain the
primary entity responsible for overall maintenance of the facilities, consistent with its obligations
under the Master Lease, while KPS would contribute a base lease payment and assist with
routine field preparation activities during its period of use. The agreement also outlines insurance
requirements, indemnification provisions, and compliance with applicable laws, including
adherence to City ordinances and Montana High School Association regulations. This sub -lease
is intended to formalize an operational partnership that expands community use of the City's
baseball facilities while preserving KLBA's primary leasehold interests and ensuring alignment
with the terms and conditions of the existing Master Lease.
Justification: Approval of the proposed Sub -Lease Agreement between the Kalispell Legion
Baseball Association, the City of Kalispell, and Kalispell Public School District 5 is justified as
it promotes efficient use of existing City -owned facilities while expanding access for community
youth athletics. The agreement supports Glacier High School baseball programs without
requiring additional City investment, preserves the City's oversight and protections under the
Master Lease, and maintains KLBA's primary responsibility for facility management and
maintenance. Additionally, it strengthens intergovernmental cooperation, provides a structured
and accountable framework for shared use, and ensures the facilities continue to serve a broader
public benefit in a fiscally responsible manner.
Action Requested: Council is requested to review and approve the proposed Sub -Lease
Agreement between the Kalispell Legion Baseball Association, the City of Kalispell, and
Kalispell Public School District 5, and authorize the City Manager to execute the agreement on
behalf of the City.
Fiscal Effects: The proposed Sub -Lease Agreement is expected to have minimal direct fiscal
impact on the City of Kalispell. Under the existing Master Lease, the Kalispell Legion Baseball
Association remains responsible for the operation and maintenance of the facilities, and this
responsibility continues under the sublease. The agreement does not require additional City
funding or capital investment. Any lease revenue generated will be retained by KLBA in
accordance with the Master Lease structure.
Alternatives: As suggested and approved by City Council.
Attachments: Kalispell Legion Baseball Association Sub -Lease.
cc: Aimee Brunckhorst, Kalispell City Clerk
This Sub -Lease Agreement ("Sub -Lease") is made and entered into by and between the Kalispell Legion Baseball
Association, a Montana nonprofit corporation ("Sublessor" or "KLBA"), the City of Kalispell, a municipal corporation
("Lessor" or "City"), and Kalispell Public School District 5 ("Sublessee" or "KPS"). The parties are collectively referred
to as the "Parties."
RECITALS
WHEREAS, KLBA is the Lessee of certain real property and baseball facilities commonly known as Griffin Field
("Premises") pursuant to its existing lease ("Master Lease") with the City of Kalispell;
WHEREAS, the Master Lease requires City approval for any sublease and grants KLBA primary rights to use and manage
the Premises;
WHEREAS, KLBA desires to sublease a portion of the Premises to KPS for the purpose of operating high school baseball
programs, and KPS desires to enter into such a Sub -Lease;
WHEREAS; the City of Kalispell must be a signatory to this Sub -Lease pursuant to the Master Lease.
NOW, THEREFORE; in consideration of the mutual promises herein, the Parties agree as follows:
AGREEMENT
1. Premises and Use
a. Premises: The subleased Premises include only those baseball facilities necessary for high school baseball
operations, including: baseball playing surface (Griffin Field and Archie Roe Field, as scheduled) batting cages,
bleachers and seating areas, non-exclusive parking lot access, press box, scoreboard, field lights, equipment
storage buildings, and restrooms.
b. Permitted Users: The users of the Premises for this Sub -Lease shall be the Glacier High School (GHS) baseball
teams operating under Kalispell Public School District 5, including varsity and junior varsity baseball teams; their
coaches, staff fans, umpires and parent volunteers; and opposing teams' varsity and junior varsity boys baseball
teams, their coaches, staff, fans, and parent volunteers.
® Keys to the premises are limited to: GHS coaches and GHS athletic directors.
® Access to and operation of field prep machinery and field lights are limited to GHS coaches and GHS
athletic directors.
® Access to and operation of the press box is limited to GHS coaches, GHS athletic directors, and other
individuals who have been trained on their use by the Sublessor.
® The Sublessor shall coordinate a walk-through and training prior to the start of the sub -lease to discuss the
items above: access, field -prep machinery, field lights, and press -box use. Sublessee participants must
include GHS coaches, GHS athletic directors; and any other individuals who may use the equipment and
premises during the teen of the lease. Sublessee and Sublessor will jointly create and retain a list of all
individuals who have been trained and are authorized to use the equipment and premises.
® Prior to the start of the lease term and again upon its completion, the Sublessor shall coordinate a walk-
through of the facility to discuss and document any concerns, damages, or issues. Sublessee participants
must include GHS athletic directors. Costs incurred to restore Damage from Sublessee's use will be paid
by the Sublessee. It is expressly agreed that Parties intend only for the premises to be returned to the
Sublessor at the conclusion of the Sublease in the same condition as it was at the execution of this
Sublease. Parties further agree Sublessee will have no obligation to improve the premises beyond its
condition at the execution of this Sublease.
c. Sublessee's Use: Sublessee, Kalispell Public School District 5, shall use and occupy the Premises only for GHS
high school baseball practices, games, and related team activities during the Lease Term, and for no other
purpose. Sublessee's use shall not unreasonably interfere with Sublessor's rights under the Master Lease.
d. Concessions, Alcohol, and Signage:
• Sublessor retains ownership and management of the concessions and may choose to operate them during
the high school baseball season.
® The sale, distribution, or consumption of alcohol is strictly prohibited on the premises during the
Sublessee's use due to MHSA rules and City of Kalispell's ordinances.
® KLBA retains the exclusive right to sell, manage, install; remove, and maintain all sponsorship and
advertising signage on the Premises, including but not limited to outfield signs, scoreboard signs, and any
temporary or seasonal displays. KLBA may display such signage during the high school baseball season,
provided all signage complies with MHSA rules, Kalispell Public School District 5 policies, City of
Kalispell regulations, and the Master Lease. All signage responsibilities —including placement, removal;
maintenance, and compliance —shall remain solely with KLBA.,
® All Sublessee signage and promotional material must comply with the Master Lease, and shall receive
written approval from KLBA and be in compliance with all applicable laws and regulations.
e. Compliance:
Sublessee shall comply with all federal, state, and local laws, regulations; andfacilitypolicies applicable to its use,
including safety and maintenance protocols established by Sublessor or the City of Kalispell. Any violation that
materially interferes with Sublessor's operations or exposes Sublessor to liability shall constitute a default. In
addition, Sub -Lessee shall fully comply with the requirements of the Master Lease.
2. Sub -Lease Term and Renewal
a. Term: This Sub -Lease shall commence on March 16, 2026, and end on May 30, 2026, unless sooner
terminated.
b. Renewal/Extension: Sublessee may renew this Sub -Lease in additional one -season increments provided that: 1)
Sublessee serves written notice on the Sublessor not later than August 15 immediately preceding the high school
baseball season for which the renewal would be effective, and 2) Sublessor does not object to the renewal in
writing to the Sublessee before August 31 immediately preceding the high school baseball season for which the
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renewal would be effective. The Parties understand KPS may not be able to play High School baseball in any year
that renewal of the sublease is not permitted. All terms and conditions are subject to renegotiation and the final
approval of the Lessor in advance of the August 31 deadline.
3. Sub -Lease Payments
a. Base Lease Payment (Field Access): Sublessee shall pay Sublessor a total base lease payment of Five Thousand
Dollars ($5,000) for the first year of the Sub -Lease, due upon the fully executed agreement. This payment
includes access to the fields, batting cages, bleachers and seating areas, non-exclusive parking lot access, field
lights, and restroom facilities as described in Section La, together with standard field preparation supplies
provided by KLBA in the ordinary course of operations.
b. KLBA shall remain the primary provider of field maintenance at the Premises during the Sub -Lease Term. In
support of cooperative field operations, authorized GHS coaches and the GHS Athletic Director may operate the
KLBA-owned Toro SandPro grooming unit for routine field preparation following practices or games, provided
such individuals have received prior training and authorization from KLBA.
KLBA shall retain full ownership and operational control of the Toro SandPro. Use of the equipment by
Sublessee personnel is limited to individuals trained and approved by KLBA. Operation by unauthorized or
untrained individuals shall constitute misuse.
KLBA shall be responsible for routine, scheduled, and long-term maintenance of the Toro SandPro, including
major service, repairs, and replacement of components resulting from normal wear and tear.
Sublessee shall be responsible for damage to the Toro SandPro resulting from misuse, negligence, or operation
outside of KLBA training guidelines by Sublessee personnel. Any such damage shall be addressed cooperatively
by the Patties, and repair costs attributable to misuse shall be the responsibility of Sublessee.
c. Payment Schedule and Default:
All rent payments shall be made at the time of sub -lease signing, but no later than February I of the season year
that KPS is requesting usage. i.e. March 1, 2026 for the Spring 2026 season. A late payment fee of 5% of the
monthly rent shall accrue on any payment not received within ten (10) days of its due date.
Failure to pay rent or other sums due within fifteen (15) days after written notice of nonpayment shall constitute a
material default. Upon default, Sublessor may terminate this Sub -Lease and recover possession and all unpaid
amounts, plus reasonable attorney fees and costs incurred in enforcement.
4. Maintenance and Field Preparation
a. Primary Responsibility: KLBA shall serve as the primary provider of field maintenance for the baseball playing
surface during the Sub -Lease Tenn. In coordination with KLBA, GHS coaches, staff, and parent volunteers shall
assist with routine day-to-day field preparation activities, including field dragging, line painting, and general
cleanup associated with practices and games.
Use of Sublessor's equipment for these activities shall be limited to individuals who have been trained and
authorized in accordance with Section 1(b). Any damage to Sublessor's machinery or equipment resulting from
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misuse or negligence by Sublessee personnel shall be addressed cooperatively by the Parties, and repair or
replacement costs attributable to such misuse shall be the responsibility of Sublessee.
b. KLBA shall provide standard field preparation supplies customarily used in the ordinary course of operations.
In the event that field material needs exceed anticipated or routine: requirements due to unusual weather
conditions, scheduling impacts, or other extraordinary circumstances; the Parties agree to communicate and work
cooperatively to address such needs.
If replacement or repair of materials, equipment, or facilities is required as a result of misuse, abuse, or negligence
by Sublessee participants, the Parties shall work together in good faith to repair, replace, or otherwise mitigate the
situation, with costs attributable to such misuse or abuse being the responsibility of Sublessee.
c. Master Lease Obligations: Sublessee acknowledges that, pursuant to the Master Lease, Sublessor remains
responsible for the year-round maintenance of the baseball playing surface and for the maintenance and repair of
all buildings and improvements on the Premises. Any assistance provided by Sublessee coaches, staff, or
volunteers with routine field preparation during the Sub -Lease Term is intended solely as a cooperative
operational arrangement and shall not be construed as a transfer of maintenance responsibility or as modifying
Sublessor's obligations to the Lessor under the Master Lease.
d. Damage and Restoration: Sublessee shall be responsible for any damage to the Premises, equipment, or
improvements arising from its use, ordinary wear and tear excepted. Sublessor may deduct from any deposits or
bill Sublessee for actual repair costs.
Sublessor shall have the right to inspect the Premises at any time during the Sub -Lease Term upon reasonable
notice.
The Premises shall be returned in the same condition as received, ordinary wear and tear excepted.
5. Insurance Requirements and Indemnification
a. Additional Insured: Sublessee hereby agrees to provide Sublessor and Lessor with a certificate of insurance. Said
certificate shall name Sublessor and Lessor as an additional insured for comprehensive general liability. Said
insurance shall provide for amounts not less than $750,000 for bodily injury and property damage from any one
occurrence and not less than $1,500,000 annual aggregate. Said certificate shall also contain a provision that the
insurer not cancel or refuse to renew without giving sublessor and lessor written notice at least 10 days before the
effective date of the cancellation or non -renewal. The insurance policy shall be primary and non-contributory with
respect to any insurance maintained by Sublessor and shall include a waiver of subrogation in favor of Sublessor.
b. General Requirements: Sublessee shall also comply with all other insurance coverage requirements as set forth
in the Master Lease.
c. Sublessee shall indemnify, defend, and hold harmless Sublessor and Lessor, its officers, directors, volunteers,
and employees from and against all claims, liabilities, damages, and expenses (including reasonable attorney fees)
arising from (i) Sublessee's use or occupancy of the Premises, (ii) the acts or omissions of Sublessee's employees,
students, guests, or invitees, and (iii) any breach of this Sub -Lease, except to the extent caused by Sublessor's gross
negligence or willful misconduct.
s
6. Governing Law and Master Lease Incorporation
a. Governing Law: This Sub -Lease shall be deemed to be made and shall be construed in accordance with the
laws of the State of Montana.
b. Master Lease Incorporation: All applicable terns, conditions, and obligations of the Master Lease between the
City of Kalispell and Kalispell Legion Baseball Association, not in conflict with the express provisions of this
Sub -Lease, are incorporated herein by reference and made a part of this agreement. Sublessee acknowledges that
its rights are subject and subordinate to the Master Lease.
c. Termination and Force Maieure:
Sublessor may terminate this Sub -Lease upon thirty (30) days' written notice if Sublessee defaults or if use of the
Premises becomes impracticable due to weather, government order, casualty, or events beyond Sublessor's
control.
d. Entire Agreement and Amendment:
This Sub -Lease constitutes the entire agreement between the Parties and supersedes all prior discussions. It may
be amended only by written agreement signed by all Parties, including the Lessor if required by the Master Lease.
DATED this 0A day of g , 2026.
SIGNATURES
The undersigned are authorized to execute this Sub -Lease Agreement and bind their respective entities as parties hereto:
KALISPELL LEGION BASEBALL
KALISPELL PUBLIC SCHOOL
CITY OF KALISPELL,
ASSOCIATION (SUBLESSOR)
DISTRICT 5 (SUBLESSEE)
MONTANA (LESSOR)
Signature:
Signature:
Signature:
Printed Name:
Printed Name:
Printed Name:
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Title:
Title:
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Date:
I 12-026
Date:
Date:
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9
STATE OF MONTANA
):SS
County of Flathead )
On this q""' day of YV kCL1-- , 2026, before me, the undersigned, a Notary Public for the State of Montana,
personally appeared i`lCs President of the KALISPELL LEGION BASEBALL ASSOCIATION, a
Montana not -for -profit corporation, and acknowledged to me that they each executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this
certificate first above written.
19
JAMES KESTER
P�Es
�pTAR/q49
NOTARY PUBLICfarthe
* SEAL
State of Montana
N�9rF�FMO�P�P
Residing at Kalispell, Montana
My Commission Expires
November 21, 2028
STATE OF MONTANA )
):ss
County of Flathead )
Notary Public. S ate of Montana
Printed Name: --'
Residing at 1
My Commission Expires ! 2
On this y da of March 2026, before me, the undersigned, a Notary Public for the State of Montana,
personally appeared Aldasifteyi-beS 1)1YP&y of the KALISPELL PUBLIC SCHOOL DISTRICT 5,
and acknowledged to me that they each executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this
certificate first above written.
ASHLEY HAMMER
NOTARY PUBLIC for the
State of Montana
* SEAL : *
Residing at
U,
Kalispell, Montana
9rFOFMO��P
My Commission Expires
October 04, 2027
=A%W* yu[$)kNWA.
):ss
County of Flathead )
Notate Pubtic, tate of Montana
Printed N ame: P s
Residing at
M- Commission Exp es C'fUbPY �Z-j
On this day of , 2026, before me, the undersigned, a Notary Public for the State of Montana,
personally appeared as of the CITY OF KALISPELL, MONTANA, and
acknowledged to me that they each executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this
certificate first above written.
Notary Public. State of Montana
Printed Name:
Residing at
My Commission Expires
C.1