H01. FVCC Tennis Interlocal- T-1 A' a R. ro I
City of Kalispell
201 1" Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7757 Fax (406) 758-7758
MEMORANDUM
To: Doug Russell, City Manager- PP -
From: Chad Fincher, Director, Parks and Recreation
Re: Flathead Valley Community College Tennis Court Interlocal Agreement
Date: August 21, 2017
BACKGROUND: In 1994, the city entered into a twenty-year interlocal agreement with
Flathead Valley Community College (FVCC), School District #5 and the Kalispell Tennis
Association to relocate three city tennis courts and construct new courts on FVCC property.
Land and Water Conservation funds were utilized for court construction. The agreement
stipulated shared annual maintenance payments, improvement costs, priority use of courts, and
withdrawal requirements.
Since that time, the tennis complex has added courts, expanding to 12 courts in a new location on
the FVCC site. The interlocal agreement expired in 2014. A new 5-year agreement has been
completed; stipulating use of courts, financial commitments for the court expansion and
maintenance, priority use, insurance conditions, and withdrawal requirements. All parties are
satisfied with the agreement and have signed in accordance. This interlocal agreement has been
in the works since 2013 with our share of the construction costs budgeted every year since FY14.
The expenditures have not occurred, as the parties were waiting for the agreement to be
finalized.
FISCAL IMPACT: The city will be responsible for construction costs totaling $35,000,
budgeted annually at $7,000 for 5 years, and an annual maintenance payment of $2,000. These
expenditures are accounted for in the fiscal year 2018 Parks Department budget.
RECOMMENDATION: It is recommended that the City Council pass a motion authorizing
the City Manager to enter into the Interlocal Agreement with Flathead Valley Community
College, Kalispell School District #5, and Flathead Tennis Association.
ATTACHMENT: Interlocal Agreement
INTERLOCAL AGREEMENT
This Agreement is made and entered into this 13th Day of June, 2017, by and between the
City of Kalispell, a municipal corporation hereinafter called "CITY", and Flathead Valley
Community College, an accredited two year community college as an instrumentality of the State
of Montana hereinafter called "COLLEGE", and Kalispell School District 45, a political
subdivision of the State of Montana, hereinafter called "DISTRICT", and Flathead Tennis
Association, hereinafter called "ASSOCIATION";
WITNESSETH:
WHEREAS, the parties to this Interlocal Agreement declare that the residents of the
Flathead County area are in need of suitable tennis facilities, and
WHEREAS, the COLLEGE has a tennis facility that houses twelve (12) tennis courts, and
WHEREAS, the CITY, COLLEGE, DISTRICT, and ASSOCIATION desire to establish
an agreement for use of the tennis facility on COLLEGE property subject to
the obligations provided herein 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
coordinate use of the tennis facility consisting of twelve (12) courts on real
estate owned by the COLLEGE.
SECTION II. COLLEGE agrees to permit public use by the CITY, DISTRICT, and
ASSOCIATION for said tennis facility.
SECTION III. The COLLEGE has constructed a total of twelve (12) courts with fencing
with assistance from the DISTRICT ($35,000), the CITY ($35,000) and
ASSOCIATION ($5,000). If the DISTRICT ($35,000), the CITY
($35,000) and/or the ASSOCIATION ($5,000) have any funds that remain
unpaid at the time of execution of this document, they must make
arrangements agreeable with the COLLEGE for payment. Any future
improvements or additions to the tennis facility will need approval by the
COLLEGE and funding identified by the parties to this Agreement, as set
forth in Section IV.
SECTION IV. The cost of maintaining the facilities and adding any capital improvements
approved by the COLLEGE shall be shared as determined by a Committee
composed of one representative from each of the parties to this agreement.
The Committee shall meet a minimum of once a year, on or before
February 28th, to determine the tennis court schedule (subject to the
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priorities listed in Sec. V), the necessary maintenance for the courts and a
maintenance budget for the succeeding year. To the extent possible,
annual maintenance costs shall be paid from a dedicated fund into which
each party shall deposit $2,000 annually. The Committee shall determine
how to pay for any maintenance costs that exceed the amount of money in
the dedicated maintenance fund, and for any capital improvement costs.
The COLLEGE agrees to maintain the courts as determined by the
Committee, using funds from the dedicated maintenance fund, and shall
provide security. Any funds received through the renting of some or all of
the tennis courts shall be the property of the party that is managing and
scheduling the rental.
SECTION V. Subject to management by the COLLEGE;
a. The DISTRICT shall have first priority for use of the tennis
facilities during the spring tennis season (which lasts from
approximately March 1" to June 1 ") , and
b. The CITY will have first priority for use and the COLLEGE and
ASSOCIATION will share second priority for the use of the tennis
facilities during the summer recreational season, (which lasts from
approximately June 2nd to Sept 301h) and during seasons and times
when the tennis facilities are not being used by the DISTRICT,
CITY, COLLEGE or ASSOCIATION the tennis facilities shall be
open for public use.
SECTION VI. Indemnification and Insurance:
a. To the fullest extent permitted by law, each party to this
Agreement shall fully indemnify, defend, and save the other parties
to this Agreement, their agents, representatives, employees, and
officers harmless from and against any and all claims, actions,
costs, fees, losses, liabilities or damages of whatever kind or nature
arising from or related to the indemnifying party's performance in
their duties and obligations as required under this Agreement.
b. All parties shall maintain Commercial General Liability Insurance
for bodily injury and property damage of not less than $750,000
per occurrence and $1,500,000 aggregate. The COLLEGE shall be
named as an additional insured by the other parties to this
agreement.
SECTION VII. This Agreement shall have a five (5) year term and may be extended for
additional terms by agreement between parties. Upon termination of the
Agreement, all facilities and improvements constructed on COLLEGE
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property under this Agreement not already owned by the COLLEGE shall
become property of the COLLEGE.
The CITY, DISTRICT or ASSOCIATION may withdraw from this
Agreement upon giving written notice of withdrawal to all other parties, at
least ninety days (90) prior to February 28th of any year; said withdrawal
shall become effective on the following February 28th. Provided,
however that the CITY, DISTRICT or ASSOCIATION shall, on or before
the effective date of the withdrawal, pay all of their annual maintenance
fees for the remaining years of the five-year period and any unpaid funds
under Section III.
Except for payment of the remaining annual maintenance fees and unpaid
funds under Section III, a party so withdrawing shall have no further rights
or responsibilities with regarding to the facilities that have been
constructed under this Agreement.
The COLLEGE may withdraw from this Agreement by giving written
notice of withdrawal to all other parties, at least ninety (90) days prior to
February 28th of any year; said withdrawal shall become effective on the
following February 28th. Provided, however, that the COLLEGE shall, on
or before the effective date of withdrawal, pay to the CITY, DISTRICT
and ASSOCIATION 20% of their capital contribution cost of construction
hereunder for each year of the initial five-year term of this Agreement
remaining after withdrawal by the COLLEGE.
SECTION VIII. The terms and provisions of this Agreement shall be binding upon and
shall inure to the benefit of the parties to this Agreement and their
respective successors and assigns.
SECTION IX. This Agreement may be signed in any number of counterparts, each of
which is an original and all of which taken together form one single
document.
SECTION X. Once this Interlocal Agreement is fully executed,
shall cause it to be filed with the Flathead County Clerk & Recorder and
the Montana Secretary of State in accordance with § 7-11-107, MCA.
CITY OF KALISPELL
City Council: Mayor:
By: By:
Its:
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FLATHEAD SCHOOL DISTRICT #5
Board of Trustees:
Its:
Superintendent:
By:
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FLATHEAD VALLEY COMMUNITY COLLEGE
Board of Trustees
By:
Its: i3wkA.K�4-e
FLATHEAD VALLEY TENNIS ASSOCIATION
Board of Directors
By: - L✓
Its:
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