07. Tennis Courts - Interlocal AgreementINTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this day of August,
1994, by and between the City of Kalispell, a municipal corporation
hereinafter the CITY, and Flathead Valley Community College, a
Community College District, hereinafter called COLLEGE, and
Flathead School District #5, a political subdivision of the State
of Montana, hereinafter the DISTRICT, and Kalispell Tennis
Association, hereinafter the ASSOCIATION;
W I T N E S S E T H:
WHEREAS, the parties declare that the people of the CITY and
COUNTY are undersupplied with suitable tennis
facilities, and
WHEREAS, the CITY is in the process of constructing a
surface parking facility for the DISTRICT which
will result in the relocation of four tennis courts
somewhere within the CITY, and
WHEREAS, the COLLEGE has offered to make a contribution of
land dedicated to establish a tennis facility
capable of housing eight tennis courts on property
owned by the COLLEGE on the North boundary of the
CITY, and
WHEREAS, the CITY, COLLEGE, DISTRICT and ASSOCIATION desire
to establish a tennis facility on COLLEGE property
subject to the obligations provided here to be
performed by the respective parties.
NOW, THEREFORE, in consideration of the covenants and conditions
contained herein the parties hereto agree as follows:
SECTION I. The CITY, COLLEGE, DISTRICT and ASSOCIATION
agree to establish and create a tennis
facility consisting of eight tennis courts
located on real estate owned by the COLLEGE.
SECTION II. COLLEGE agrees to permit the use by the CITY,
DISTRICT and ASSOCIATION for said tennis
facilities on approximately acres
belonging to the COLLEGE. This land legal
description is as follows:
SECTION III. CITY agrees to construct at its expense eight
(8) tennis courts together with perimeter
fencing and other improvements on said
property.
SECTION IV.
SECTION V.
SECTION VI.
COLLEGE agrees to coordinate, manage and
maintain the tennis courts and attendant
facilities and provide adequate security for
the facility.
a. The cost of maintaining the facilities
and capital improvements shall be mutually
determined each year on or before July 1st and
shall be shared equally as determined by a
Committee composed of representatives of the
four parties to this Agreement. The Committee
shall meet a minimum of once a year to
determine the schedule and maintenance budget.
Subject to management by the COLLEGE;
a. The DISTRICT shall have first priority
for use of the tennis facilities during the
Spring tennis season, and
b. The CITY, COLLEGE and ASSOCIATION will
share first priority for the use of the tennis
facilities during the Summer recreational
season, and
C. During seasons and times when the tennis
facilities are not being used by the DISTRICT
or the CITY, the tennis facilities shall be
open for public use.
This Agreement shall have a twenty (20) year
term.