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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.