2. Kidsports Permanent EasementCITYOF
k`F City of Kalispell
OFFICE OF THE CITY MANAGER
I TMaz
MONTANA
TO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: Funding mechanism alternatives for the Kidsports permanent easement
MEETING DATE: December 10, 2012
Attached to this memo is a sample memorandum of understanding with Kidsports, a copy of the
draft map for build -out improvements, and an estimate for the improvements to 4-Mile Drive.
III 11101
As has been discussed at previous meetings, Kidsports, the City of Kalispell, and the State of
Montana have negotiated the framework that would allow for the acquisition of a permanent
easement for the ground which currently hosts the Kidsports facility. Kidsports (through the
City of Kalispell) pays an annual lease (approximately $44,000) to the state for the use of the
ground. In 2016, the lease payments will likely increase significantly when a new appraisal
takes effect.
At previous meetings, there has been consensus support for acquiring the permanent easement
from the state. This would establish a permanency to the use of the land and remove the concern
regarding escalating and unaffordable lease payments. Once the easement is acquired, the lease
payments to the state cease.
NOVEMBER 26' WORK SESSION DISCUSSION:
The initial recommendation was to use Airport/Ballfield Redevelopment TIF funds to acquire the
permanent easement. Discussion at the last work session further investigated this concept, along
with additional options, including the potential of using a general obligation bond and a mixture
of the two options. It was requested that this topic return at a work session for further discussion
on these three alternatives. These alternatives are summarized below, understanding that these
were the options most supported by the council at the work session. Modifications to these
options, or the addition of a new concept, could certainly be brought forward at the work session.
ALTERNATIVES:
1) Using TIF funds to fully acquire the permanent easement
a. Pros
i. Relocation of ballfields was identified in the Urban Renewal Plan
ii. Funding is available to acquire the easement in totality
iii. Kidsports would establish a new memorandum of understanding with the
City in which they would intend to match the contribution dollar for dollar
with private fundraising to build out the facility, including access and
parking improvements
www.kalispell.com
b. Cons
i. Concern expressed by members of the Urban Renewal Agency that this
funding should be used in the south end of town
ii. Concern that should a project emerge, including the airport upgrade
project, the cash reserve would no longer be there and the project would
need to be debt financed with future increment from the district
iii. Objection by some that the relocation of the fields has already been
accomplished
2) Use of a General Obligation Bond
a. Pros
i. Vote of the people would ratify support for the expenditure
ii. Creates a revenue source versus using existing resources
iii. Provides a mechanism to fund additional improvements, such as 4-Mile
Drive
b. Cons
i. Could hinder fund raising efforts on the part of Kidsports (i.e., seeking
donations from those who are contributing through the debt service may
be difficult for Kidsports)
ii. Bond elections create a degree of unknown and take time to establish
iii. Using this mechanism creates the question of whether the City fulfilled its
obligation under the Urban Renewal Plan to relocate the fields using
resources of the district
3) Use of a mixture of TIF funding and GO bonds (e.g. the permanent easement could be
split: $800,000 TIF, $1,400,000 GO)
a. Pros and cons
i. The pros and cons for this option essentially are the mix between the two
options above, with the amount supplied through the TIF being based on
identified cost centers within the Urban Renewal Plan
4) Other initiatives as defined by Council (loan, disbursement, etc.)
RECOMMENDATION: It is recommended that council discuss the alternatives and provide
staff direction for an action item at the December 171h meeting.
Respectfully Submitted,
Memorandum of Understanding
between
CITY OF KALISPELL
A Montana Municipal Corporation
and
KIDSPORTS
A Montana Charitable Corporation without Members
1. Purpose and Scope
The purpose of this Memorandum of Understanding [MOU] is 1) to procure a permanent
easement from the State of Montana Department of Natural Resources and Conservation
[DNRC] for real property currently leased by the City of Kalispell [the City] and
managed by Kidsports as a youth sports complex; and 2) to further develop a master plan
for the completion of the facilities comprising the youth sports complex, including sports
fields, parking, transportation and other amenities; and 3) to establish a
financing/donation program in which the City and Kidsports cooperate in an effective
public/private partnership to accomplish the completion of the master plan developed by
the parties.
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 and for the purpose of leasing 138
acres located in the City of Kalispell in the SE1/4 of Section 36, an area bounded by
Four Mile Drive, Highway 93 and West Reserve Drive. The sole purpose of the lease
is for a youth athletic complex.
B. The City entered into an Agreement with Kidsports on December 19, 1997 for the
same term of the above described lease and for purpose of defining "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 have negotiated with DNRC for the City to exchange its lease
rights in the above described property for a permanent easement, a property right
opportunity that was not available when the lease was negotiated. The easement
agreement is attached hereto as Exhibit "A" and delineates the new footprint for the
athletic complex as well as the funding arrangement decided upon pertaining to the
commercial development of property previously leased by the City.
Page 1 of 5
3. MOU Term
The term of this MOU Agreement is TWENTY (20) years commencing upon the
execution of this Agreement.
4. Master Plan of Youth Athletic Complex
The parties agree that existing master plan of the youth athletic complex will be amended
to reflect the altered footprint of the facility. This master plan shall include full build out
of athletic fields with all associated infrastructure, i.e. fencing, irrigation, storm water
conveyance, sanitary sewer, electric, telephone and gas utilities, concession and storage
facilities, restrooms and seating. It shall also include transportation infrastructure, i.e.
parking and roadways, required to adequately serve the facility, both inside the facility as
well as directly leading to the facility. The parties shall agree upon a reasonable timeline
for accomplishing the various phases of the master plan. Representatives of the parties
shall meet to draft the master plan which shall be considered and approved by the
governing bodies of each party.
5. City Responsibilities
The City shall undertake the following activities during the duration of the MOU term:
a) The City, as owner of the permanent easement, shall pay the purchase
price for the easement.
b) The City shall undertake to maintain and repair:
a. The athletic fields, including turf and landscaping
b. Roads and parking areas
c. Sewer, potable and irrigation water distribution systems
d. All other ground cover (non -turf)
e. Permanent fencing
f. Trash collection
g. Winterizing of water systems
6. Kidsports Responsibilities
Kidsports shall undertake the following activities during the duration of the MOU term:
a) Kidsports shall be the developer of the athletic complex and shall be
responsible for the placement and construction of the infrastructure in
accordance with the agreed upon master plan to include the fencing,
irrigation, storm water conveyance, sanitary sewer, electric, telephone and
gas utilities, concession and storage facilities, restrooms and seating.
Page 2 of 5
b) Kidsports agrees that its development activities shall be consistent with the
master plan and that it will maintain liability coverage covering those
activities which names the City as an additional named insured. Kidsports
shall ensure that user groups of the athletic complex will also maintain
liability insurance for their athletic activities which also names the City as
an additional named insured. Coverage amounts 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." 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, as will
protect the City and its officers, employees, agents, and representatives
from claims for bodily injury and/or property damage which may arise
from operations and completed operations under this Agreement.
c) Kidsports shall have the primary responsibility for:
a. Electric and telephone utilities
b. Maintenance of concession stands and restrooms
c. Metered water charges (not including irrigation)
d. Game preparation of fields
e. Temporary fencing
f. Maintaining clean grounds
d) Kidsports may assign or contract out to third parties any of the
responsibilities in subparagraph c) above.
7. Funding
The City shall provide the funding to accomplish the acquisition of the permanent
easement. Kidsports shall maintain a capital campaign in an effort to complete the build
out of the master planned athletic complex on the timeline established in the master plan.
It is anticipated that the capital campaign will be greater than or equal to the amount
contributed by the City for the permanent easement.
8. 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 development and/or
maintenance costs associated with Kidsports. 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.
Page 3 of 5
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 joint concurrence of Kalispell and Kidsports. It is anticipated that these fees will be
utilized only for maintenance or improvements 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.
9. Independent Contractor
The parties agree and acknowledge that in the performance of this Agreement 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 at all times will be considered the agents, employees, or
independent contractors of Contractor and at no time will they be the employees, agents,
or representatives of the City.
10. No Third -Party Beneficiary
This Agreement is for the exclusive benefit of the parties, does not constitute a third -
party beneficiary agreement, and may not be relied upon or enforced by a third party.
11. Modification and Termination
a) This agreement may be cancelled or terminated without cause by either party by
giving (30) calendar days advance written notice to the other party. Such
notification shall state the effective date of termination or cancellation and include
any final performance and/or payment invoicing instructions/requirements.
b) Any and all amendments must be made in writing and must be agreed to and
executed by the parties before becoming effective.
12. Effective Date and Signature
This MOU shall be effective upon the signature of the City and Kidsports authorized
officials. It shall be in force from January 1, 2013 to December 31, 2033. The City and
Kidsports indicate agreement with this MOU by their signatures.
Page 4 of 5
Signatures and dates
Authorized Signature of the City Authorized Signature of Kidsports
Doug Russell, City Manager
Date
Date
Page 5 of 5
2012
KYAC Master Plan'!rw;,
ENGINEER'S PRELIMINARY ESTIMATE OF COST
4 MILE ROAD EXTENSION - RURAL
NO.
DESCRIPTION
UNIT
QUANTITY
PRICE
COST
1
MOBILIZATION
LS
1
$79,000.00
$ 79,000.00
2
CLEARING AND GRUBBING
ACRE
4
$ 6,763.70
$ 23,672.95
3
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
LS
1
$ 2,300.00
$ 2,300.00
4
REMOVAL OF FENCE
LF
6,200
$ 0.40
$ 2,480.00
5
ASPHALT REMOVAL
SY
300
$ 3.20
$ 960.00
6
UNCLASSIFIED EXCAVATION
CY
15,000
$ 3.40
$ 51,000.00
7
HAUL
CYMI
4,403
$ 1.70
$ 7,485.80
8
TOPSOIL STORING
CY
4,600
$ 1.60
$ 7,360.00
9
TOPSOIL PLACING
CY
4,600
$ 2.00
$ 9,200.00
10
TOPSOIL BORROW
CY
1,000
$ 7.90
$ 7,900.00
11
SEEDING
SY
17,500
$ 1.20
$ 21,000.00
12
EROSION CONTROL BLANKET
SY
5,000
$ 2.10
$ 10,500.00
13
SUBBASE
CY
5,200
$ 22.70
$ 118,040.00
14
CRUSHED BASE
CY
3,500
$ 31.50
$ 110,250.00
15
PLANT MIX PAVEMENT
TON
3,500
$ 75.00
$ 262,500.00
16
PLANT MIX PAVEMENT APPROACHES
EA
3
$ 1,000.00
$ 3,000.00
17
RCP 30 IN
FT
60
$ 101.00
$ 6,060.00
18
RCP FIE SECT 30 IN
EA
2
$ 807.50
$ 1,615.00
19
FENCE TYPE B (WOOD POSTS)
FT
6,200
$ 2.50
$ 15,500.00
20
IBRACE PANELS
EA
20
$ 126.90
$ 2,538.00
21
INSTALL STREET LIGHT
EA
16
$ 7,710.80
$ 123,372.80
22
SIGN POSTS, WOOD 4 X 6 IN
EA
20
$ 11.40
$ 228.00
23
SIGN PANELS, ALUMINUM
EA
20
$ 138.00
$ 2,760.00
24
DELINEATORS, TYPE I
EA
124
$ 36.30
$ 4,501.20
25
TRAFFIC CONTROL
LS
1
$10,000.00
$ 10,000.00
SUBTOTAL 1
$ 883,223.75
CONTINGENCIES (15% SUBTOTAL 1)
$ 132,483.56
SUBTOTAL 2
$ 1,015,707.31
DESIGN ENGINEERING (10% SUBTOTAL 2)
$ 101,570.73
CONSTRUCTION ENGINEERING (10% SUBTOTAL 2)
$ 101,570.73
PROJECT TOTAL $ 1,218,848.77
ENGINEER'S PRELIMINARY ESTIMATE OF COST
4 MILE ROAD EXTENSION - URBAN
NO.
DESCRIPTION
UNIT
QUANTITY
PRICE
COST
1
MOBILIZATION
LS
1
$107,000.00
$ 107,000.00
2
CLEARING AND GRUBBING
ACRE
4
$ 6,763.70
$ 23,672.95
3
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
LS
1
$ 2,300.00
$ 2,300.00
4
REMOVAL OF FENCE
FT
6,200
$ 0.40
$ 2,480.00
5
ASPHALT REMOVAL
SY
300
$ 3.20
$ 960.00
6
UNCLASSIFIED EXCAVATION
CY
25,000
$ 3.40
$ 85,000.00
7
HAUL
CYMI
7,339
$ 1.70
$ 12,476.33
8
TOPSOIL STORING
CY
4,600
$ 1.60
$ 7,360.00
9
TOPSOIL PLACING
CY
4,600
$ 2.00
$ 9,200.00
10
ITOPSOIL BORROW
CY
1,000
$ 7.90
$ 7,900.00
11
SEEDING
SY
17,500
$ 1.20
$ 21,000.00
12
GRASS SOD
SY
4,200
$ 18.80
$ 78,960.00
13
EROSION CONTROL BLANKET
SY
5,000
$ 2.10
$ 10,500.00
14
SUBBASE
CY
6,600
$ 22.70
$ 149,820.00
15
CRUSHED BASE
CY
4,800
$ 31.50
$ 151,200.00
16
PLANT MIX PAVEMENT
TON
4,500
$ 75.00
$ 337,500.00
17
PLANT MIX PAVEMENT APPROACHES
EA
3
$ 1,000.00
$ 3,000.00
18
STORM INLET
EA
4
$ 3,000.00
$ 12,000.00
19
RCP 30 IN
FT
60
$ 101.00
$ 6,060.00
20
RCP 18 IN
FT
60
$ 43.30
$ 2,598.00
21
RCP FE SECT 30 IN
EA
2
$ 807.50
$ 1,615.00
22
FENCE TYPE B (WOOD POSTS)
FT
6,200
$ 2.50
$ 15,500.00
23
BRACE PANELS
EA
20
$ 126.90
$ 2,538.00
24
INSTALL STREET LIGHT
EA
16
$ 7,710.80
$ 123,372.80
25
SIGN POSTS, WOOD 4 X 6 IN
EA
20
$ 11.40
$ 228.00
26
ISIGN PANELS, ALUMINUM
EA
20
$ 138.00
$ 2,760.00
27
ITRAFFIC CONTROL
LS
1 1
$ 10,000.00
$ 10,000.00
SUBTOTAL 1
$ 1,187,001.08
CONTINGENCIES (15%SUBTOTAL 1)
$ 178,050.16
SUBTOTAL 2
$ 1,365,051.24
DESIGN ENGINEERING (10% SUBTOTAL 2)
$ 136,505.12
CONSTRUCTION ENGINEERING (10% SUBTOTAL 2)1
$ 136,505.12
PROJECTTOTAL $ 1,638,061.48