H01. Hockey Use Agreement AmendmentCity of Kalispell
201 0 Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7757 Fax (406) 758-7758
REPORT TO: Doug Russell, City Manager-1--
FROM: Chad Fincher, Director, Parks and Recreation
SUBJECT: Amendment to Use Agreement with Flathead Valley Hockey Association
MEETING DATE: August 15, 2016
BACKGROUND: The city owns and maintains Woodland Park and the Woodland Park Camp
Center, in which Flathead Valley Hockey Association (FVHA) has been operating a portable ice
rink since October 2007. The original use agreement between the city and FVHA expired in
2014 and a new five-year agreement was approved by council in 2015.
FVHA has approached the city with a request to make improvements including installation of a
permanent concrete slab in the ice rink to extend their hockey season and reduce labor in the pre
and post season, installation of a fire pit and Zamboni storage. FVHA will be responsible for all
expenses related to these installations and maintenance of these improvements as identified in
the first use agreement amendment, and amended Exhibit C. These documents have been
reviewed by the city attorney.
FISCAL IMPACT: The city will not be responsible for any expenses related to installation or
maintenance of these improvements.
RECOMMENDATION: It is recommended that council pass a motion authorizing the city
manager to approve the amended FVHA Use Agreement.
ATTACHMENTS: Use Agreement Amendment #1 with amended Exhibit C
Original Flathead Valley Hockey Association Use Agreement
USE AGREEMENT
Amendment #1
That certain Use Agreement entered into on the 1 st day of December 2014, by and
between the CITY OF KALISPELL, a municipal corporation organized and existing under the
laws of the State of Montana, of 201 First Avenue East, Kalispell, Montana 59901 ("City"), and
the FLATHEAD VALLEY HOCKEY ASSOCIATION a Montana corporation, of P.O. Box
2205, Kalispell, MT 59903 ("FVHA") is hereby amended with adequate and sufficient
consideration exchanged on the date below written in the following particulars only.
Paragraph 8 shall be amended to recite as follows:
8. Equipment, Labor and Materials: Each party to this agreement will provide the equipment,
labor and materials as set forth on Exhibit "C" attached hereto and incorporated fully herein by
this reference.
Exhibit "C" of the Use Agreement shall be replaced in its entirely with that document
entitled, Exhibit "C" attached hereto and incorporated fully herein by this reference.
All other terms of the Use Agreement shall remain unchanged and effective throughout the term
of this agreement unless later amended by written agreement of the parties.
IN WITNESS WHEREOF, FVHA and City have caused this Use Agreement First
Amendment to be executed, effective on the day of August, 2016, and intend to be legally
bound thereby.
CITY OF KALISPELL, MONTANA FLATHEAD VALLEY HOCKEY
ASSOCIATION
By:
Doug Russell, City Manager
By:
By:
USE AGREEMENT First Amendment
Flathead Valley Hockey Association/City of Kalispell
STATE OF MONTANA )
):SS
County of Flathead )
On this day of August, 2016, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared , in his/her capacity as
of the Flathead Valley Hockey Association, a Montana corporation, that
executed the within instrument, and acknowledged as such subscribed, sealed and delivered said
instrument as the free and voluntary act of said corporation, for the uses and purposes therein set
forth, and that he/she was duly authorized to execute the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
):SS
County of Flathead )
On this day of August, 2016, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared , in his/her capacity
as of the Flathead Valley Hockey Association, a Montana corporation,
that executed the within instrument, and acknowledged as such subscribed, sealed and delivered
said instrument as the free and voluntary act of said corporation, for the uses and purposes
therein set forth, and that he/she was duly authorized to execute the same on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
USE AGREEMENT First Amendment
Flathead Valley Hockey Association/City of Kalispell
STATE OF MONTANA )
):SS
County of Flathead )
On this day of August, 2016, before me, a Notary Public in and for the State of
Montana, personally appeared Doug Russell, known to me to be the City Manager of the City of
Kalispell, a municipality, that executed the within instrument, and acknowledged that such City
Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said
municipality, for the uses and purposes therein set forth, and that he was duly authorized to
execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Printed Name:
Notary Public, State of Montana
Residing at
My Commission Expires
USE AGREEMENT First Amendment
Flathead Valley Hockey Association/City of Kalispell
Exhibit C
CITY SUPPLIED MATERIALS AND LABOR
Labor & Equipment
1. City owned compact utility tractor for snow removal from inside the ice arena.
2. Facility maintenance and repair to the Woodland Camp Center limited to HVAC,
electrical, plumbing and structural building repairs, however excluding repairs to any
FVHA owned equipment or utilities serving the equipment, accessory structures, ice rink
structure and/or amenities and vandalism repair occurring during FVHA operations.
FVHA SUPPLIED MATERIALS AND LABOR
Building Issues and Upgrades Requested
1. Installation and maintenance of concrete slab for dasher boards and rink playing surface.
2. Installation and maintenance of fire pit structure.
3. Installation and maintenance of Zamboni storage.
NOTES:
All work must meet city requirements and acquire approval from Kalispell Parks &
Recreation, architectural and site reviews, and building and zoning departments. Fees
associated due to permits and construction activities to be paid by FVHA.
Reclamation of site due to construction activities including but not limited to:
concrete removal, filling, leveling, irrigation repairs, seeding and/or sodding if
necessary.
OTHER NOTES
1. It is understood that the partnering on some special events hosted by Kalispell Parks &
Recreation and FVHA together is encouraged.
2. Hockey and open skate scheduling will be submitted for review and comment prior to
opening.
USE AGREEMENT First Amendment 4
Flathead Valley Hockey Association/City of Kalispell
USE AGREEMENT
`7 ec�+ti+.ba.r
This Use Agreement is made this 1 s4- day of Newm4Sr 2014, by and between the
CITY OF KALISPELL, a municipal corporation organized and existing under the laws of the
State of Montana, of 206 First Avenue East, Kalispell, Montana 59901 ("City"), and the
FLATHEAD VALLEY HOCKEY ASSOCIATION, a Montana corporation, of P.O. Box
2205, Kalispell, Montana 59903 ("FVHA").
Recitals
A. The City owns and maintains Woodland Park, a municipal park and recreational
facility, located in the City of Kalispell, and more particularly, the area known as the Woodland
Camp Center located therein, as shown on the map attached hereto as Exhibit "A" and
incorporated herein fully by this reference.
B. FVHA is a Montana corporation incorporated for the purposes of providing
opportunities to the youth of the Flathead Valley to learn to play and participate in the sport of
hockey.
C. FVHA owns a portable ice rink and wants to install this rink at the Woodland
Camp Center for a certain term. The City wants to share in the recreational benefits of an ice
rink located in Woodland Park.
NOW THEREFORE, in consideration of the covenants, agreements, representations,
and warranties contained herein, the parties agree as follows:
Agreement
1. Installation of Portable Ice Rink: The City agrees that FVHA may, and FVHA agrees that
it shall install a portable ice rink at the Woodland Camp Center, located in Woodland Park,
Kalispell, Montana as set forth in more particularity on the map attached hereto and
identified as Exhibit "A", upon the terms as set forth below.
2. Term and Option to Extend: The term of this agreement shall run from ra- I , 2014 to
!Z- I , 2019. FVHA shall have the option to extend this agreement for five
additional years, to I Z - l , 2024.
3. Obligations of FVHA: FVHA shall have the following obligations under this agreement:
3.1.
Fall set-up tasks:
3.1.1.
Remove plywood deck.
3.1.2.
Set up concession stand.
3.1.3.
Set up lobby.
3.1.4.
Set up rental skates.
3.1.5.
Set up office.
3.1.6.
Set up skate sharpening area.
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
3.1.7. Move Zambonis.
3.1.8. Arrange and install propane service.
3.1.9. Set up bleachers.
3.1.10. Install rubber matting.
3.2. Required ice making tasks:
3.2.1. Set up water treatment system.
3.2.2. Start up chiller.
3.2.3. Make base ice.
3.2.4. Install glass.
3.2.5. Paint ice, install lines and finish ice.
3.2.6. Install rink shade system.
3.2.7. Complete wiring and set up scoreboard.
3.3. Season operation tasks:
3.3.1. Staffing youth hockey programs.
3.3.2. Staffing and administration of adult hockey programs.
3.3.3 Staffing and administration of public skate.
3.3.4. Staffing and administration of private rental times.
3.3.5. Staffing and administration of special programs, schools, mom and tots, figure
skating, etc.
3.3.6. Provide access to ice to accommodate Kalispell Parks and Recreation "Learn to
Skate" program on an as -needed basis.
3.3.7. Clean restrooms.
3.4. Expenses:
3.4.1. Required staff.
3.4.2. Actual cost for electricity expenses. Kalispell Parks and Recreation will invoice
throughout the season as electric bills are received. The first meter reading will be
October 13, 2014 at the occupancy of the FVHA season.
3.4.3. Actual cost for natural gas for heat. Kalispell Parks and Recreation will invoice
throughout the season as gas bills are received. The first meter reading will be
October 13, 2014 at the occupancy of the FVHA season.
3.4.4. Propane costs for Zambonis.
3.4.5. Blade sharpening costs for Zambonis.
3.4.6. Apply ice melt.
3.4.7. Maintain rental skate fleet.
3.4.8. Zamboni maintenance, supplies and repairs.
3.4.9. Snow removal on steps, ramp and sidewalk at front of Rink entry, and all snow
removal necessary within the facility.
3.4.10. White ice color paper or ice paint.
3.5. Closing and takedown:
3.5.1. Palletize rubber mats.
3.5.2. Take down glass and place on pallets.
3.5.3. Transport Zambonis to storage location.
USE AGREEMENT 2
Flathead Valley Hockey Association/City of Kalispell
3.5.4. Clean out lobby, office and concession area, and Zamboni room.
3.5.5. Move out and store rental skates.
3.5.6. Shut down and clean chiller and equipment.
3.5.7. Install plywood deck to cover tubing.
4. Obligations of the City: The City shall have the following obligations under this
agreement:
4.1. Fall set-up tasks:
4.1.1. Transport and store plywood deck.
4.1.2. Set up and install locker rooms.
4.2. Ice making tasks:
4.2.1. Transport glass from storage area.
4.2.2. Use of fire hose and access to hydrant.
4.3. Season operation tasks:
4.3.1. Zamboni snow accumulation pile removal.
4.3.2. Administration of "Learn to Skate" program.
4.3.3. Repair and maintenance of rest rooms and heating system.
4.4. Expenses:
4.4.1. Maintenance and repair of building heating system and restrooms.
4.4.2. Purchase ice melt.
4.4.3. Purchase restroom and cleaning supplies.
4.4.4. Phone bill.
4.4.5. Snow removal on Woodland Park roads.
4.4.6. Marketing brochures and flyers will include FVHA schedule and announcements.
4.5. Closing and takedown tasks:
4.5.1. Move and store rubber mats.
4.5.2. Move and store glass.
4.5.3. Store Zambonis.
4.5.4. Take down and store locker room materials.
5. Programming Responsibilities: The City and FVHA shall each have the following
programming responsibilities:
5.1. FVHA shall be responsible for the programming of the youth hockey league and shall
cooperate with the City on the programming of the open public skate.
5.2. FVHA shall provide supervision and administration during Open Skate and Hockey.
5.3. The City shall be responsible for the programming of Learn to Skate program.
5.4. The City shall provide supervision and administration for the Learn to Skate program.
USE AGREEMENT 3
Flathead Valley Hockey Association/City of Kalispell
5.5. The City and FVHA will cooperate in the distribution of materials for league
registrations and the promotion of league play.
6. Rules and Regulations for Use of the Facilities: The hours of operation for the ice facility
shall not extend beyond the park hours [6:00am — 11:00pm] unless approved by the Director
of Parks and Recreation. No alcohol shall be allowed on the site unless permitted through
ordinance 1725. All rules of Woodland Park shall apply as set forth in Exhibit "B" attached
hereto in fully incorporated herein by this reference.
7. Indemnification and Insurance:
7.1. To the fullest extent permitted by law, FVHA shall fully indemnify, defend, and save the
City, its agents, representatives, employees, and officers harmless from and against any
and all claims, actions, costs, fees, losses, or damages of whatever kind or nature arising
from or related to the use of the Woodland Camp Center as an ice facility for youth
hockey league play or practice.
7.2. FVHA shall maintain a policy for general liability in the amount of no less than
$1,500,000.00 aggregate and $750,000.00 per occurrence, and FVHA shall provide City
with proof of such insurance coverage within ten (10) days following execution of this
Agreement and at least annually thereafter. FVHA shall notify City thirty (30) days
prior to the expiration of any such required insurance coverage and during the term of
this Agreement shall ensure such required insurance coverage is timely renewed so that
there is no lapse in coverage during the term of this Agreement. FVHA shall further
notify City within two (2) business days of FVHA's receipt of notice that any required
insurance coverage will be terminated or FVHA's decision to terminate any required
insurance coverage for any reason. The required insurance coverage shall name the City
as additional insured.
8. City Supplied Materials and Labor: City will supply the materials and labor as set forth on
Exhibit "C" attached hereto and incorporated fully herein by this reference.
9. Inspection and Testing: City has the right to inspect and test any and all work performed by
FVHA on the project. FVHA shall allow City and its agent's access to the project at all
times and shall provide every reasonable facility for the purpose of such inspection and
testing, including temporarily discontinuing portions of the work or uncovering or taking
down portions of the finished work. Any inspection and testing performed by the City and
its agents is for the sole benefit of the City and shall not relieve FVHA of its duty,
responsibility, and obligation for ensuring the work strictly complies with all applicable laws
and building and safety codes.
10. Subcontractors:
10.1. FVHA may employ subcontractors for any work on the project only upon consent of
the City. FVHA shall provide City with a list of all subcontractors employed.
10.2. Even with the City's consent to a subcontractor, FVHA shall remain fully responsible
for the acts and omissions of any subcontractor as FVHA is for its own acts and
omissions.
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
10.3. FVHA shall be solely liable for any and all payments to subcontractors.
11. Indebtedness and Liens: FVHA shall famish City with a satisfactory proof that there are no
outstanding debts or liens in connection with the project. If any lien or claim is filed or made
by any subcontractor or material man or any other person, FVHA shall immediately notify
the City and shall cause the same to be discharged of record within thirty (30) days after its
filing.
12. Termination Upon Breach of Agreement. In the event that FVHA fails to perform any of
its obligations under this Agreement or otherwise breaches any terms or conditions of this
Agreement, the City may, by twenty one (21) days written notice and failure of FVHA to
cure the breach, terminate this Agreement and FVHA's right to possession and use of the
subject property. The City may then take possession of the subject real property and require
FVHA to remove its personal property from the site within 21 days. In the event the City
fails to perform any of its obligations under this Agreement or otherwise breaches any terms
or conditions of this Agreement, FVHA may, by twenty one (21) days written notice and
failure of the City to cure the breach, terminate this Agreement, discontinue its use of the
subject property and remove its personal property from the site within 21 days.
13. Headings: The headings used in this Agreement are for convenience only and shall not be
construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
14. Waiver: A waiver by City of any default or breach by FVHA of any covenants, terms, or
conditions of this Agreement shall not limit City's right to enforce such covenants, terms, or
conditions or to pursue City's rights in the event of any subsequent default or breach.
15. Severability: If any portion of this Agreement shall be held to be void or unenforceable, the
balance thereof shall continue to be effective.
16. Applicable Law: The parties agree that this Agreement shall be governed in all respects by
the laws of the State of Montana and the parties expressly agree that venue shall be in
Flathead County, Montana, and no other venue.
17. Binding Effect: This Agreement shall be binding upon and shall inure to the benefit -of the
heirs, legal representatives, successors, and assigns of the parties.
18. Amendments: This Agreement shall not be modified, amended, or changed in any respect
except by a written document signed by all parties.
19. No Third Party Beneficiary: This Agreement is for the exclusive benefit of the parties and
shall not constitute a third party beneficiary agreement and shall not be relied upon or
enforced by a third party.
20. Assignment: FVHA shall not assign this Agreement in whole or in part without the prior
written consent of the City.
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
21. Authority: Each party represents that it has full power and authority to enter into and
perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
22. Independent Contractor: The parties agree and acknowledge that in the performance of
this Agreement. FVHA 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 FVHA shall at all times be considered the agents,
employees, or independent contractors of FVHA and shall at no time be the employees,
agents, or representatives of the City.
23. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement
of the parties. Covenants or representations not contained therein or made a part thereof by
reference, shall not be binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
IN WITNESS WHEREOF, FVHA and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF KALISPELL, MONTANA FLATHEAD VALLEY HOCKEY
ASSOCIATION
By: By:
ou uss 1, City Manager
By:
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
STATE OF MONTANA )
):Ss
County of Flathead )
,t,
On this P`r " day of November, 2014, before me, the undersigned, a Notary Public for the
St to of ont a, ersonally appeared MICHAEL KUNOPKA, in his capacity as
C 1 of the Flathead Valley Hockey Association, a Montana corporation, that
executed the within instrument, and acknowledged as such subscribed, sealed and delivered said
instrument as the free and voluntary act of said corporation, for the uses and purposes therein set
forth, and that he was duly authorized to execute the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
MtOELA RENEE REAM
NOW" PU" I X the
• SEAL « Sk" d mwvft a -
NO* gat Kalb M, M1
MY CamnkWon fou
Goan Ow 3, 2014
STATE OF MONTANA )
):ss
County of Flathead )
Notary Public; °State of Montana
Residing at
My Commission Expires
On this �'C A day of November 2014, before me, the undersigned, a Notary Public for the
S ate of ontana p rs ally appeared SEAN HINCHEY, in his capacity as
c CQS f the Flathead Valley Hockey Association, a Montana corporation, that
executed the within instrument, and acknowledged as such subscribed, sealed and delivered said
instrument as the free and voluntary act of said corporation, for the uses and purposes therein set
forth, and that he was duly authorized to execute the same on behalf of said corporation..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
ANGEELA RENEE REAM
NOTARY Mac b! Nle
• SEAL • S°t• Of molft�
ftd*V ad Ko 4nt M1
MY CatrtlMNon ��
D�cw ON A 2014
Name:
ic. State of Montana
Residing at ---
My Commission
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
STATE OF MONTANA )
):ss
County of Flathead )
`Dec ec',
On this _ day of Nevernber, 2014, before me, a Notary Public in and for the State of
Montana, personally appeared DOUG RUSSELL known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that she was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
JUDI A. FUNK
NO7LIC for ft
Satate Montana
SM Resldinqqat Kalispe
ll Montana
MFeban��ea February 2526
Printed.Name:
Notary Pub -State-e Montana
Residing at
-
My � is on Expires
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
Exhibit A
MAP OF WOODLAND CAMP CENTER AND PORTABLE HOCKEY FACILITY
USE AGREEMENT
Flathead Valley Hockey Association/City of Kalispell
m
•
q
0
'0 Woodland Park
Kalispell Parks and Recreation Department
Kaltspel) ,Montana
Exhibit B
WOODLAND PARK RULES
Park Hours: 6:00 am to 11:00 pm.
Speed Limit 15 mph.
No Alcoholic Beverages.
Dogs must be kept on leash.
No littering.
Parking in designated areas only.
USE AGREEMENT 10
Flathead Valley Hockey Association/City of Kalispell
Exhibit C
CITY SUPPLIED MATERIALS AND LABOR
Labor & Equipment
1. City owned equipment for snow removal.
2. Facility maintenance and repair to the Woodland Camp Center.
BUILDING ISSUES AND UPGRADES REQUESTED
Plane down concrete in front of door to ice area to accommodate rubber matting.
OTHER NOTES
It is understood that the partnering on some special events hosted by Kalispell Parks and
Recreation and FVHA together is encouraged.
Hockey and open skate scheduling will be submitted for review and comment prior to
opening.
USE AGREEMENT 1 I
Flathead Valley Hockey Association/City of Kalispell