Kennedy, Mark From: Jody Hodgson Sent: ‘Wednesday, March 28, 2018 901 AM Te: Kennedy, Mark Subject: Floor in Baty President Kennedy, ‘ust red calling over, but tink vu're n'a meeting. o | thouaht | would send an emall as opposed to leaving you a voice mail message ‘ave spoken with Kris McGarry about the upcoming paint jb in the Bety and she would prefer that we brand the Betty flor with the “North Dakota” wordmark instead of the Fighting Hawk logo, Please feel ree to gve me a call f you would like to discuss. Thanks, ody Jody Hodgson General Manager Ralph Engestad Arena Grand Fors, North Dakota mall: jodyn@theralph com Direct: 701.777.6633 ‘The Ralph: woo theraph.com LUND Athletics: worwsundsports.comKennedy, Mark From: Kennedy, Mark Sent: Friday, Mareh 30,2018 1038 AM To: Brake, Ale; Chaves Bil Stewart, Kal: Laura Ballet Dilorerzo, Thomas: Johnson, Peter; Denna Carlson Zink Subject FW: Center Court rn Mark . Kennedy President University of North Dakota smarkrkennedy@und.edu From: "Kennedy, Mark" Date: Friday, March 30,2018 at 10:36 AM To: Jody Hodgson Subject: Re: Center Court Jody, ‘Thanks. Wishing you great weekend as well Mark. MarR. Kennedy President University of North Dakota mark.ckennedy@undedu - - —_ From: Jody Hodgson Date: Friday, March 30, 2018 at 10:32 AM To: Kennedy, Mark” Subject: RE: Center Court “Thanks forthe feedback. lam going to send thi information to Ks, Jeff, and James. wil get back to you with feedback after Ihave achance to discuss with them. Have a good weekend Jody From: Kennedy, Mark maltoxmark-kennedy@und.edu) ‘Sent: Friday, March 30, 2018 9:46 AM “Te: Jody Hodgson Subject: Center Court Jody,In advance of the decision bythe Board ofthe Ralph Englstad Arena (REA) 25 to what to put on center court, lam attaching input that have received from the coaches ofthe teams that playin The Betty and those that are familiar with the financial haem that UND would incur ifa Hawks not at center court. have also included my observations as to how the views of today’s players should take priority n making ths decision. Itis clearly in the interests ofthe Unversity of North Dakota and our athletes department that our Fighting Haw lgo be prominenty displayed atthe center court of The Betty when the floor redone in the months ahead to include the ‘Summit League logo. \We at UND are deeply appreciative ofthe generosity of Ralph Engelstad his family and foundation. We are appreciative ofthe efforts by the Board af the REA in keeping the REA a premier venue and in advancing the interests ofthe university and our sperts programs. “Tank yu for your consideration Mark Mark R. Kennedy President University of North Dakota 264 Centennial Dr. Stop 8193 ‘Grand Forks, ND 58202-8193, ‘mark.rkennedy@und.edu Office: 701-777-2121 und.edu/president ‘Author of ShapeholdersKennedy, From: Kennedy, Mark Sent: ‘Wednesday, Apil25, 2018 9:53 AM To: engelstadfoundation@ gmalicom ce frmn@polarcomi com; bob@kumbermarteastcom: Brekke, Ale; estrindent@aol.com: (erofig@yahoo com; sadies@theralph.cont Stewart. Karl; Chaves Bl ibalettne. gov jeooper@Bradshawsmith com: jwaddoups@fabianvancotcom Subject: Betty Flor. [Attachments Letter - Kris Engelstad McGarry pf Center Court Quotes-Cosches pf Center Court ‘Queter-Reveria impart na layer Focus Pirity. pa Dear Kris, 1 was very disappointed fo see the pessimism expressed in Jody Hodgson's April 20 email (accompanying this eter that the Boards likely to reject UN's request, backed with a showing of unanimous support of eoaches competing in The Betty, for pintng our Fighting Hawk logo at center cour of the Betty Engelstad Sioux Centr for UND's upcoming Sports seasons. For your convenienes, [have ettached statements in suppor from UND’s coaches and other materials that I riinaly emailed to Jody on March 30, 1 make one more appel for you o revisit this issue. The decisions made inthe days and months ahead will impact the EEngelstad legacy a the University of North Dakota, This begins wit the decision of whether center court at The Betty willbe painted with our Hawk logo that has already wen five Division I conference championships o a vague rejection of TUND's unique identity of today that is wor in competition by all our teams. I believe no legacy that leaves behind today’s champions, today’s athletes or todays students can long survive at any university ‘would be shortsighted to imi the Engelstad legacy toa couple of buldngs. Is, and could remain, so much more ‘Yona ofus at UND take great pride inthe beautiful faites we affectionately refer to as The Ralph and The Bety. We hha a great aprecaton for the Engelstads forgiving The Ralph ous. We want to preserve and update their exceptional physical condition so that they remain a source of pri. ‘Yet the Engelsta legacy embodied inthe buildings is dwarfed by the appreciation in the hears and minds of the players ‘wo have benefited ffom what these arenas facilitate ~the opportunity to live out their hopes and dreams by playing on "exceptional teams infront of passionately supportive UND fans to achieve amazing rests. “Today we stand at pivot pint, Will the Englstad legacy embrace all hose passionate about asin high the banner of LUND, or only those bearing a Sioux logo? Will it bea legacy of inclusion or exclusion? The inclusive sprit weleomes those who cheer Let's Go Sioux and thse who cheer Let's Go Hawks ~ some in hockey, but most in every ther sport Will he Engestad legacy embrace all UND fans, or wilt fuel a generational divide? More and more of today's UND player ant svlents ae proud to be Haws. Do tay’ students not have every right tobe as proud of who they ae, Compared to earlier UND students who also harbor te pride engendered during their ine atthe university? Should the [Engelstad logay tum aside Haws fans? “The coaches of every team that plas in the Betty have made it clear that a Fighting Hawk shouldbe at center court, [Anything eter than Hawk on center cour at The Betyrsks shifting atitudes from one of appreciation to resentment ‘What would volleyball layer think as she walks into The Betty, past memorials to Division I Sioux teams, without Seeing celebrations of her back-to-back Division I NCAA appearances as a Fighting Hawk? What shoud basketball players (and fans) think when asked by rival Noth Dakota State player (and fans) why our center court logo seems to [Embiguously cher in green for both North Dakota universities, rather than proudly endorsing the heme team? Would ‘hey be tying to figure out who to blame forthe awkwardness created by the generic “North Dakota" fogo's implicit rejection of today's university identity? Would they remain thankful or, or lose focus on, the original gifts that were made ‘hon today" tents were teers? Would they lament the lost royalty revenues and publicity that could have beenused to fel them towards ture championships? Would they resent not being cheered fr who they are Fighting Hawks? “Those who negoited the foundational documents underlying the relationship between the University and the Englstad nities understad thatthe sport cilities could only be successful i they were ally aligned with the University and its Sports teams. Those documents clearly define thatthe faites ar to be managed "ina manner that best serves UND's Seeds." The Engestad entities also expressly agreed, when acting as Manager ofthe Arena, “to coopera with UND's “agents in firthering the inlerets of UND.” To the extent todays decisions are inconsistent with those foundational ‘Eecuments, UND must reserve its right o take future ations, The University’s interest is best served when the Engelstad Tegaey fully embaces not just yesterdays players, but lso today’s student-athletes who proudly compete as Fighting Hawks. We sek elton tat allows today's athletes, UND Athlete and the Engelead legacy tall lossom. heseech you otto chaove an armative pat that diminishes the aspirations of todays athletes the prospects for UND Athletics, oF the expansiveness af the Engelstad legacy. Sincerely, Mark Mark R. Kennedy President University of North Dakota marks kennedy @und eu Original Message— From: Jody Hodgson jody atheralph.com> Sent: Friday, April 20,2018 10:46 AM ‘Tor Chaves, bill “william chaves@athletics. und edu> Subject RE: Betty Foor. Bill, “Thanks forthe note understand the importance of this issue fo you and your staff and student-athetes. Lam travelling today and am out of the office, but | wanted fo et you know that design work and design discussions continu. 1 {dont want to mislead you it appears tome thatthe REA Board of Directors continues to be moving forward witha design that includes the "NORTH DAKOTA” text a center court a opposed tothe Fighting Hawks logo, 1 dont believe that {hindset wil change. Teould be wrong but | dont se that happening given the information avaiable to me at this pont. ‘ill give you a eal on Monday morning to update you and fllow-up on this issue ‘Thanks, Jody From Chaves, Bl [uiliam shavex@athltoe wn eh] Sent: Thursday, Api 9, 2018 12:19 PM ‘To: Jody Hodgson Subject: Bet Floor. Jody, 1 wanted to just send you a quick note supporting President Kennedys email dated March 30th (below) rezarding the Bitty Court, I believe you have worked with some of ou folk in antepation of the court e-paintng an Tha attached the version our coaches and staf were generally comfortable with (realizing tha the attached version sill doesnot have the end line ltr insfiled white but plan o be) and wanted to lt you know that I support tas well Lconeur ‘wholeheartedly with President Kennedy’s sentiments of having our Fighting Hawk logo on center cour. Doing so is mo {oubt inthe bos interes of our teams and student-athletes that play inthe Bety. Please let us know if you have anyquestions oreoncems about the design or keeping the existing schedule forthe repainting es I know time is of the Essence espesaly given the upcoming camp schedules, et. Thanks, Bill, Bill Chaves Director of Athletics ‘Aletios Department | Unversity of North Dakots 2781 2nd Ave N Stop 9013 | Grand Forks, ND 58202-9013 P 70):777.2706 | F 701.777.2285 wa: UND sports. comehitpiswundsports.com> [sidsimage00t jpg@01D3D7D7.2282BC10] Prom; Kenedy, Mask [uniosmarkrkennody@und.eds) Sent: Friday, March 30, 2018 9:46 AM ‘To: Jody Hodgson Subject: Center Court, Jody, In advance ofthe decision by the Board ofthe Ralph Engelstad Arena (REA) to what fo put on center cout 1am attaching input that Ihave received from the coaches ofthe teams that play in The Betty and those that are familar with ‘the financial harm that UND would incur ia Hawk snot at center cour. Thave also inluded! my observations as to how the views of today’s players should take priority in making this dessin, Its clearly inthe interests ofthe University of North Dakota and our athletics department that ou Fighting Hawk logo be prominently displayed tthe center court of The Betty when the flor i redone inthe months ahead to include the Summit League logo |Weat UND are deeply appreciative ofthe generosity of Ralph Engelsta, his family and foundation, We are apprevative ofthe efor by the Boar ofthe REA in keeping the REA a premier venue and in advancing the interests of the university and our sports programs. Thank you fo your consideration, Ma Mark R. Kennedy President Univesity of North Dakota ‘264 Centennial Dr. Stop 8193, Grand Forks, ND $8202-8193 markt kennedy(@iundedu Offic: 701-777-2121 sundad/prosidont “Author of Shepeholders‘Quotes from UND Coaches Whose Teams Play inthe Betty | am in favor of our new loge being on the floor inthe Bett simply forthe fact itis our logo. To keep it really simple itis who we are now. We need to turn the page and be a united front and alllook the same, Last year when we made it tothe NCAA tourney, and saw our logo all over Salt Lake City and even atthe Final 4n Phoeni,itrought a sense of pride. 've been here for the Sioux, interlocking ND and just North Dakota. We need to focus on branding the Fighting awl logo so we can brand nurselves nationally. Yes, we are North Dakota but we are also the Fighting Hawks and ths logo needs tobe plastered all over our campus and in our facies. Having it on the Bety floor wil allow our fans and national audience to see that logo 15:20, time a year from viewing the VB, WBS and MBB games on Mido. Brian Jones Head Coach LUND Men's Basketball ‘twill be exciting to debut the Fighting Haws logo; this adeltion will enhance our student= athletes and fans experience as we begin anew inthe Summit League. 4. Travis Brewster Head Coach UND Women's Basketball “Theres not one player on our roster anymore who has played for UND when we had no rickname, much less when we were The Fighting Sioux. Two NCAA tournaments later, we are absolutely the Fighting Hawes; we are damn proud ofthat, and it's time to move on. Mark Pryor Head Coach ‘Women's Volleyball Cheerleaders are the face of athletics It isnt necessary to interact directly with them to get the ‘message about who we are, Center cour is our performance background for pregame, timeouts and halftimes; having the primary logo1on that backdrop significantly enhances our crowd engagement. Breanna Linert Cheer Team‘quotes from Those Who Know the Financial Loss that UND Would Suffer if Hawks Not at center Court Showeasing the hawk logo prominently at center court crucial as we continue to engage our fansin the Fighting Haws brand, rom the fan perspective- both in game, on TV and in photo ops the hawk logo isthe most inspaetfl visual ofthe Fighting Haw brand Moving into a new conference isan opportunity to introduce our brand to an entire new audience. That communication needs ta be cohesive and strong; existing efforts in branding Uniforms, apparel, marketing and in game messaging must be supported by spaying the Hawk logo on highly visible areas such as center court. Breanna Liner LUcensing Coordinator University of North Dakota Branding is frequeney and consistency. The opportunity to putthe Fighting Hawks logo at center cour for three of most highly visible teams iano brainer. The Fighting Hawks logo is the primary logo ofthe athletics department and isthe leading piece to the new sulte of marks boeing used by al of our sport programs. Fr fans watching in person, on TV and online, we have ‘an opportunity to strengthen the brand at each competition. kyle Doperalsk ‘Associate Athletic Diretor/ External Operations University of North DakotaPlayers Should Be Focus on Center Court Decision in The Betty Sitting in the arena witha cluster of UND fans watching our volleyball tear defeat NDSU in Fargo in 2036, | found our ability to cheer on our tear restrained not just by our small number ‘eompated tothe hometown fans, but also our inability to articulate our support. The NDSU fans had no hesitation in what to say. They roared, "Go Bison.” Yet, the UND fans, either not yet acclimated to their new nickname or, not wanting to offend anyone who had not yet embraced Itseat nearly mute ‘They could’t say, “Go North Dakota,” because both teams are North Dakota. They couldn't say, “Go Green,” because bath teams wore green. They couldn't say, “Go Sioux," because they weren't the Sioux. As UNDYs Volleyball Head Coach Mark Pryor recently shared with me, "There isnot one player on our raster anymare who has played for UND when we hag no nickname, ‘mush less when we were The Fighting Sioux.” Yet, the fans’ North Dakota nce instincts, going to-excess to avoid upsetting @ neighbor, prevented them from cheering fr the logo clearly ‘emblazoned onthe players uniforms. Players draw encouragement and pride from the enthusiasm that fans express forthe logo they |wear. UND's logo does and has always stood for something. It stands fora spirit shared by all ‘who have worn UND's jerseys tsa rebellious spirit, one that resents any order that Underestimates them, that does not give them their due. Its a spiritthat propels them game after game toclg deep to preval | believe our players on that court cherished that spirit. Did they resent our hesitation? Back home at UND, our volleyball team and women’s and men’s basketball teams play in the beautiful Betty Engelstad Sioux Center, a welcoming home forthe excellent teams who compete on its boards. As a frequent attendee at games there, | am encouraged to find that ‘ans of our volleyball and basketball teams have, in recent day, found their voce. They cheer without hesitation, “Go Hawks.” Recent UND teams that call the Betty home have reached new heights, winning our fst NCAA Division I conference championships inal three sports. Men's basketball went to the Big Dance forthe fist time, Volleyball won back to back ikets to the NCAA playots. ‘The recent accomplishments of the denizens of The Btty deserve recognition. We should celebrate their success, As they prepare to take the court in thelr inaugural season ina new tonference where their primary rival willbe the other North Dakota team, what would go through the minds oftaday’s payers if, setting aside a tration practiced across the country, ‘their Hawk logo was excluded from the canter court, replaced simply with North Dakota? | asked the coaches their view on what to put at center court when the floor is redone to‘adé ‘the Summit League emblem. Speaking in favor of a Hawk center court, Head Men's Basketball Coach Brian Jones sad, "To keep it really simple, itis wha we are now... Last year when we made it to the NCAA tourney,Kenn From: Denise Rich Sent: Friday, Api 27,2018 1:16 PM To: Kennedy, Mark ce: engelstacloundation@-gmallcom; amn@polarcomvm.com; bob@lumbermarteastcom Bretke, Alice; estindent @aoLcom: gerlffg@yahoo.com: sadies@therlph com; Stewart, Kara wiliam chaver@atheticsund eds ballet nd gov, Jeff Cooper James C Waddoups Subject: ‘Court inthe Betty Engelstad Sioux Center - Emel from Kris ngelstad McGory [Attachrmante: Ratty Cour Das ~ Apr 26 2018.06 Dear Mark: ‘The attached document graphically represents the court design that was recently approved and finalized by the UAS Board of Directors to be installed at the Betty Engelstad Sioux Center in May of 2018. ‘The design has been finalized and submitted to the court contractor so that stencils and paint can be ordered to complete the project in compliance with the attached. ‘The court resurfacing and and painting project will commence on May 7, 2018 and will be completed by the end of May 2018. Yours truly, kris Engelstad McGarry KEM/dir Denise Rich Executive Assistant Engelstad Foundation 851 S. Rampart Bivd., Suite 150 Las Vegas, NV 89145 (702) 732-7102 Phone (702) 451-8531 Fax Original Mestage— From: Kennedy, Mak [mailomrk.kennes@und edu) ‘Sent Wednesday, Ap 25,2018 6:83 AML ‘To: engelstaiundatong2amai com Ce; ann@pclarcomm. com; bob@mbemateast.com: Brekke, ‘As; extinsen a0 com, oeotaayahioo com; Jody Hodgson; Stewart Kala; Chaves, Bl ‘balled gov 5 addouns@fabianvancot com ‘Subject: ety Floor.ear Ke, | was vary isappontes to soe the pessimism expressed n Jody Hodgso's Ari 20 onal (Gecomparyng fs Tete that ne Boars katy to reject UND's request backed wih 2 Sonng of cranimous support of cashes comping The Beto paining eur Fighting own ogo st centr court ofthe Baty Engelstat Sioux Cente or UND's upcoming sports ‘tshne tar your convenience naa reataches statements in supper from UN's coace ind afer maton that | nina ema to Jody on March 30 | make one mote sppeal or you to rvs iasue, The decisions made nthe days and hunatesaheat il pact he Engelead legacy ate Univer of Nor Dakota, This begins ‘Gimtine son ofuhetser contr cour at The Bly wil be pata wt our aw ago Mat Fes areaay won five son conference championships ora vaqe rejection of UND’ (ge deity ofoday tats worn in competion bya our teams. | beeve no legacy tat (Eaves bona foxy'sChampone todays ates, or today's students ean long Survive et ‘ay unveray. ‘woul be shot sighted to the Engels logacy to couple of bulkings. tis, and coud ‘ermain 3 much mre. Yes, allo us a UND take great pride nthe beaut facies we [Sfectenaaly ctor to as The Ralph and The Sty. We have 2 great appreciation fo" the Egetstads fr gang The Ralph fo us, We want o preserve and update their exceptional ysis conan so tat hey remain a souree of pie ‘Yetthe Engels legacy embosedin the buldngs' dwarfed bythe appreciation n ho Toss endings of he players who have bared rm whet these arenas fecitate =the Cpporkaty fale out ther Ropes and dreams by paying on excepona teams in ont of asstonatly supportive UND fane to aclove amazing resus “Teday we stand at pivot pit Wil the Englstad legacy embrace al hase passionate about Taaseg igh te bearer of OND, or only thove bearing a Sioux ogo? Wil ibe a egacy of FReunon or exclusion? he Inelueve spit welcomes those wno cheer Lats Go Siouxend thove wh chee Lets Go Hawke some In hockey. but mastin every oher sper. ‘yl the Engestad legacy embrace ll UND fan, or wil us a generational vide? Mare and ‘hor a fdny's UND players and stunts ae proud tobe Hawk. Do todey' students not ave overy nit obo as proud of who they ar, compared to earler UND students who also [Stor th pide engenuerod uring te be st he university? Should the Engestad legacy tum sede Hawes fans? “The coaches of every team ha plays in the Bety have made ft clear hat a Fighting Hawk ‘Thouidbe at caver court Arytng ater an a Hank on center cou at The Betty ik ‘Ping atuaoe rom one of Sopreciaon to reserimont What woud a voleybal layer think Shing nant Tee Doty, pat mame Olvsion I Sao teams, without seeing ‘ShosTaloneefher sack to-back Deion NCAA appoarances as 2 Fagg Hawk? What ‘Shou baskebat payer (and fan) frk when asked by “val Nor Deka State players Be fenstity ou contr cour logo seams to ambiguously cheer in geen for both Nosh (Gatos ewerde, rather than proud endorsing tw home team? Woul they be tying to [ure out wo fo blame for ne avarcnass create bythe generic ‘Noth Dak” ono Fpl ejcton of toveys unversty identity? Wuld they remain hank fr. or fae focus rec rial gt ha wore made when foda/sstudonts were toddlers? Wieu they (anesthe og oyaty reves and putty et could have been used fel them towards (Gise nenplonetipy? Wuld they resent nat being cheered for who they ae Fight Hews? “Those whe negotiate the foundational documents undering the relationship between he ‘Thurs andthe Engelsad entities understood that he sports facies cous eny be 2successful they ware uly aligned wth the Unversity and is spots teams, Those Glocoments Gea define tat he faites are to be managed "na manne ts best serves GND’ needs” The Engeead nies aso expressly agreed, when acing as Manager ofthe ‘rena, to cooperate wih UND's agents in fathering fe ress of UND.” Toe exert {ouay’s decison are nconstent vith those foundational documents, UND must reserve ks "ito take ture actone Tha Univer’ terest est sored when the Engelstad ‘ogaey fly embraces nt ust yestrcay's players, bu also today’s student-athletes who proudly compete ae Fighting Hawks. \Wie seoka relationship tht slows todays athletes, UND Athos and the Engelsad legacy {Del bossom [beseech you notte chaoes an aleve pat hat cminshes the aspirations (todays aes, the prospects for UND Abts, er be expansiveness ofthe Engelstad legacy Sincerely, Mar Mark R. Kennedy President ‘Univers of North Dakota markckenedyund.eKennedy, From: Jeff Cooper Sent: “Tuesday, May 1, 2018 309 PM To: Kennedy, Mark Subject: RE_ Court inthe Betty Engelstad Sioux Center - Email from Kis Engelstad Mery ops—you're corect. Hectic day! ottrey M. Cooper, CPA Bradshaw, Smith & Co, LLP 5851 W. Charleston Blvd Las Vegas, NV 89146 ali, (702) 630-3640 Office: (702) 878-9788 This e-mail transmission, and any documents files, o¢ previous e-mail messages attached to it may contain confidential Information that islgally privileged, 1f you have recelved this transmission in terion, please immediately notify us by reply e-mail, by forwarding this to sender, or by telephone at 702] 878-9788, and destroy the original transmission and its attachments without reading o saving “Them in any manner. Thank you. From: Kennedy, Mark- Sent Tuesday, May 01,2018 12:58 PM “or Jef Cooper ‘Subject: Re: Court inthe Betty Engestad Sioux Center - Email from Kris Engestad MeGarry sel, | assume you sent this to me by mistake, althe best, Mark ‘Mark. Kennedy President University of North Dakota markshenmedv@undedy _ From: Jeff Cooper Date: Tuesday, May 2, 2018 at 1:02 AM ‘To: Kennedy, Mark" ‘Subject: RE: Court in the Betty Engelsta Sioux Center - Email from kris Engelstad McGarry oa shoul be done in an hour Jeffrey M. Cooper, CPA Bradshaw, Smith & Co. LLP ‘5851 W. Charleston Bivd Las Vegas, NV 69146 Gel: (702) 630-3640Office: (702) 878-9788 ‘This e-mail transmission, and any documents les or previous e-mall messages attached tit may contain confidential Information that is legally privileged. Ifyou have receives this transmission in terror, please immediately notify us by reply e-mal, by forwarding this to sender, or by telephone at (702) 878-9788, and destroy the original transmission and ts attachments without reading o saving ‘Them in any manner. Thank you. From: Kennedy, Mark Sent: Tuesday, May 01,2018 6:58 AM Tor Denise Rich Ces engelstadtoundationssgmalcam; arn g@polarconyn.com; beb@lumbermarteast.com: Brekke, Are Salice brekke@emaund.edt>; estrindent@aol.com; gerlffg yahoo.com; sadies@theralph com SJodyhetheraiph com Stewart, Kara ;willam chavex@athletis.und.edu; baliek@nd gov; Jeff Cooper <)cooperG bradshawsmith com; lames C. Waddoups subject Re: Court inthe Betty Engestaa Sioux Center - Email rom Kris Engestad MeGarry Dear Kris, ‘As Lcommunicated in my email to Jody Hodgson on March 30, it isin the best interes of the Univesity of North Dakota totave a Fighting Hav logo at center court. This view is shared by al coaches whose teams playin The Betty. As {elovsion coverage often focuses on the center cour, not having a Fighting Hawk logo at centr court would resut in & {oss of royalty revenue forthe University, As have ted to make clear in previous communications, a center court ‘design implictly rejecting our current logo would also be demoralizing to ur players who take pride in being Fighting Hawks Tis is particulary so with your proposed design since the number one rival UND faces onthe floor of The Betty ig algo from North Dakota ‘As the landlord and sole beneficiary ofthe financial results ofthe Ralph Engelstad Arena (REA), the Unversity expects ‘hat none ofthe REA's resources staff outside services) should have been expended forthe drafting ofthe attached Unauthorised proposal, much les In proceeding wit ks bela painted on te flor of the Betty Engelstad Sioux Center. ‘Your communication suggests that criteria othe than what sin the best interests ofthe University, our athlete rogram or our athletes is diving the Boar's declsons. To the extent thatthe foundational documents governing the Fefatonship between the University of North Dakota and the REA ae being olated, UND continues to reserve our ries, eis essential tothe University of North Dakotas interests thatthe REA proceeds along the timetable you suggest, but anit the Fighting Hawk logo center court design tht our athletic director sent o Jody on Api 38. [As tothe broader issues outstanding between the Unversity and the REA, lremain available to meet in Las Veges onthe {ates | proposed or ta mepnen other dates / places to meet. My coaches aways engrained in my teammates and me te importance of sportsmanship, Sportsmanship demands that Iie prize the teams that wear the uniforms of the University in competition, todo what is best for them, “Thanks forall that you, your family an foundation have done forthe University of North Dakota. | agin beseech you to Toso the young players who play out their hears on the cout of The Bett atthe center ofthe REA’ decision making on thismater. Sincerely, ack‘Mark R. Kennedy President From: Kris McGarry riday, April27, 2018 at 1:18 PM To: "Kennedy, Mark” , "amn@polarcomm.com , "bob@lumbermarteast.com’" , Alice Brekke , "ostrindent @2ol cam" . "serifix@yahoo.com" , Jody Hodgson , Karla Mongeon-Stewart , * william, chaver @athletics.und.edu" , Laura Ballet , eff Cooper , "James C. Waddoups" Subject: Court in the Betty Engelstad Sioux Center - Email from Kris Engelstad McGarry Dear Mark: ‘The attached document graphically represents the court design that was recently approved and finalized by the UAS Board of Directors to be installed at the Betty Engelstad Sioux Center in May of 2018. ‘The design has been finalized and submitted to the court contractor so that stencils and paint can be ordered to complete the project in compliance with the attached. “The court resurfacing and and painting project will commence on May 7, 2018 and will be completed by the end of May 2018. Yours truly, kris Engelstad McGarry keM/air Denise Rich Executive Assistant Engelstad Foundation ‘851 S. Rampart Bivd., Sulte 150 Las Vegas, NV 89145 (702) 732-7102 Phone (702) 451-8531 Fax Orginal Message — From: Kennedy, Mark [naitomarkckeonssyund edu) Sant: Wednesdey, Api 25,2018 9:59 AM To; engestadfoundation@amai.com ce amn@polarconm.com: bbMlunbermaraas com: Broke, ‘ica: estindenf30\com:gerlriga@yanoo.com; Jody Hodgson: Stewart, Kai; Chaves, Bi, ‘paellnd gov: adgoupeffabianvencat comSubject Bety Foot. Dear Kes, | wos very disappoint to so the passmism exoressedn Jody Hodase's Ap 20 ema {accompanying hs fete) that the Boards aly to rjct UND s request, backed wth 3 ‘Swng of uranimovs suppor of coaches comping in The Bot, for psining ou Fightng ‘wt ago at conor cor ofthe Baty Engelsiaa Sioux Cerer for UND's upcoming sports ‘hutone For your convenience, (have rataches statements in suppor from UND's coaches ‘nd oer materia hat rgaly emai to Jody on Maren 30. | rnake one more eppeal for yu te rvit this issue Tha decisions made inthe days and ‘onde ae wilimpact he Engestd legacy atte University of North Dats This begins ‘lentne decision ofwostnr contr court at The Bety willbe ptred wih our Haw logo that [as aleady won ve Divan |esnference championships or veque rejection of UND's Unique ety of today that sworn in compatton by a cur teams. | believe no egy that ldavos bend today’s chapions todays athletes, oday’s students can long surve at any vers. Ie wouldbe short-sighted to lin the Engeltadiegacy toa couple of buldngs Rs, end could {emain, so much more. Ys, all of s a UND take geal pride inthe beavifl facies we ‘ectenstcy rete a The Ralph and The Bet We havea gret appreciation forthe Engestads for ing The Ralph fo vs. We want to preserve and update har exceptional pryseal eondon eo ta hey remain 2 source of pie ‘Yotthe Engels legacy embosiedin the buldngs' vated byte appeciaon inthe Tears snd of he players wo nave benefited rom what ese arenas faite — he Coportnty fol out thelr Popes and dreams by paying on exceponal ears in Font ot assloately supportive UND fane to achowe amazing resis “Today we stand at pivot pl Wl the Englstad logacy embrace al hose passionate about Tats high the banner of UND, of only hose bearing » Si. logo? Wil bea legacy of IReunn or exclusion? The nelueve spit weloomes those who cheer Lets Go Sioux and those who cheer Lets Go Hanks ~some In hockey, but mastin every ther sper. ‘yn the Engesad legacy embrace all UNO fans, or wilt ue a generational divide? More an note oF tay's UND players and sludants ae proud tobe Hawks, Do today’s students not Rave every agit obo as proud of vn they ar, compared fo earier UND studerts who also tr pe ngs duing hate its caer Stee Ergo ney tum aude Hawes ane? “The coaches of every teem that plas Inthe Betty have made it clear that a Fighting Hewk Thouisbe af avfr court Anything cher an @ Hawk on ceter court at The Bey ks SP Settaar rom ore of spprecatn to reearr=s Wha woulda vole plyer think rhe wats nfo The Boy past memoral fo Dusion I Sioux eam, tout sing elebratons of her backto beck Dion [NCAA appearances as a Fighting Hawk? What ‘Should benkctol players and fans think when askoa by rival Noch Dako Stat layers {and tons) why ou canter cou logo seams to amsguovsl cheer in green fr bot North [Batol universes. aher tan proudly endorang the home eam? ou they be 9 to faurecut who fo lame fr he avkwefdnessceated by the generic "North Data" ogo Tip rejecton of tsay's univers ony? Wous they remain hank foro ase ors (nthe orga fs hat wera made when oda students were toss? Would they ‘ont test eyaly revenues and publicly that oul have been used to fel them towards ‘Ruse championshipa? Wous they sent net being cheered for who they are Fg Hee?“Those who negates the foundatona documents undeyng the eaionship between the Univeraty and the Engestad ettes understood thal the sors facies cous ont bo ‘scceseflf hey were fll algnes wih the Unwersy ands sports teams. Tose oconents dealy define tha he faites are to be managed "na manner hat best sees ‘GN’ needs” The Engesiad eites aso expressly agreed, when acing as Manager ofthe ‘Nena, to cooperate wih UND's agents in fartherng te rests of UND.” Toho exert {ouy's detstone ae nconstet wh thee foundational documents, UND must reserve its ‘gts io take ure actions The Univer’ interest i bast served when the Engosiad Tegocy tl erecacos not st yestoray' players, but also odey’s student-athletes who proudly compete as Firing Hawks. We seek a relatcnship that allows today’s atletes, UND Ahetis and he Engestas legacy {ol blossom, I besegch you nolo cnaosa an atratve path hat nnshes the aspirations udp atletce the peopcns for UND Atlote, or the oxpanshienaas of the Engalsiad lege. Sincerely, Mark Maver. Kennedy President ‘Univers of North Dakota marckennedveund.e"kennedy, Mark" Date: Friday, April 20, 2018 at 11:08 AM, To: kris McGarry Ce: kris McGarry , Angelique Foster Subject: Meeting In Las Vegas ris, ‘Thank you for reaching out to me and extending an invitation for us to meetin person. The University and | greatly appreciate the Engelstad family and all that you have done and continue to do forthe betterment of UND, our student athletes and the athletics department. {ts apparent that we may have reached an impasse in negotiating a new Usage Agreement for the Ralph Engelstad Arena, This unfortunate considering the time and effort put into these ‘negotiations by the teams identified by the parties. As you are aware, ver the course of the past ten months, Jody Hodgson, Jeff Cooper and James Waddoups came together on multiple ‘occasions with UND representatives from finance, Karla Mongeor-Stewart; athletics, Brian Faison (now retired), Attorney General Stenehjem and Assistant Attorney General Balit; and ‘myself, to work towards reaching a reasonable agreement between the parties. The framework for an agreement thatthe parties jointly developed was presented to the Board in February 2028, Both sides made concessions in these good faith negotiations, a point Jody echoed to the Board when presenting the negotiated framework. As it currently stands, the State of North Dakota feels we have presented the Board with a reasonable, well negotiated offer. While itis our understanding thatthe negotiated framework hhas been rejected by the Board ~ and thus we are not presently bound to any ofthe terms or conditions of it or the expired Usage Agreement ~ we truly believe its in the best interests of LUND to welcome the Board’s comments and revisions to that framework in an attempt to move Forward. ny objections to the negotiated language should be based inlaw or on the contractual provisions of the March 22, 2000, Lease Agreement (as amended) and the March 3, 2000, Management Agreement (as amended). These two agreements constitute the governing foundation of the relationship between UND and the Ralph Engelstad Arena, codifying the terms upon which such a generous gift was given and received. They are the agreements to which the parties should adhere. ‘To make our meeting most productive it would be helpful to frst understand the Board's comments and revisions, ideally with cites to law or contractual provisions, relative tothe proposed offer. Furthermore, to help ensure any agreement we may reach can quickly be Advanced to completion, it may be best for us to each have one member of our negotiating ‘teams join us. Karla Mongeon-Stewart and | could bein Las Vegas to meet during the mornings cof May 18th, May 25th or May 29th. Hopefully, one of these dates aligns with your schedule,‘Thank you again for the generous gifts your family and foundation have bestowed on the University of North Dakota | look forward to finalizing a new mutually-beneficial usage ‘agreement consistent with the foundational documents. Mark Mark R. Kennedy President University of North Dakota 264 Centennial Dr. Stop 8193 ‘Grand Forks, ND 58202-8193, marks.kennedy@und.edu Office: 701-777-2121 ‘und.edu/president ‘Author of ShaveholdersKennedy, Mark From: Kennedy, Mark Sent: Wednesday, Api! 25, 2018 817 AM To: Deanna Carlson Zink Dan Maus Foster, Angeique FW: Mesting in as Vegas~-Reply aa | submitted three dates in May to Kris Here ithe response No mention of meeting in GF. Marke ‘Mark R. Kennedy President University of North Dakota itkennedy@undedu From: "James C. Waddoups” Date: Monday, April 23, 2018 at 12:02 PM To: "Kennedy, Mark” ez kris McGarry , Angelique Foster , Jef Cooper ‘Subject: Meeting in Las Vegas~Reply President Kennedy, Jam in receipt of your Api! 20, 2018 emallto Kris. We are reviewing your email, including your proposal fora meeting in Las Vegas, and will respond ata ater date Regards, JAMES ¢. WADDOUPS -Axtomey offee: 80131-8800, lect: 803-925-2242 ‘attdoups@fabjamancot.com send Fabianvancott 215 South State Stes, ute 1200, Salt Lake Gy, Utah 88131-2323 oe fbianancotcom roman nts eseage (ec any scat conn ay be gy plage, ad ended oly ruse cli persons) scene tract nyse nrc be enn fern ee ee ‘Sora rye agnor oe eon See enKennedy, Mark From: Kennedy, Mark Sent: Friday, May 4 2018 10:5 AM To: is MeGary ce: kis MeGary Foster, Angelique; DeAnna Carlson Zink Subject: Nest Week ris, Itis good to hear that you willbe in Grand Forks next week. \We always appreciate anytime you can spend with us here at UND. Please know that | would be happy to try to organize any ofall ofthe following during your vst We have just concluded a new five-year contract with Coach Berry. | would be happy to host 2 reception dinner honoring your being in town with Coach Berry and whoever else you suggest we invite «+ Atour of our High Performance Center that benefits all UND athletes led by our new Athletic Director Bill Chaves. + Atour of our new School of Medicine and Health Sciences. 1 “Ameeting between you, me and perhaps Jody and Karla, to explore a path forward to concluding a new Usage Agreement. + Any other events you wish, ‘hope we get a chance to connect during your vist. ‘Thanks forall you do for UND. Mark ‘Mark R. Kennedy President University of North Dakota 264 Centennial Dr. Stop 8193 ‘Grand Forks, ND 58202-8193, ‘mark.rkennedy@und.edu Office: 701-777-2121 und edu/president Author of ShaneholdersFoster, Angelique From: Foster, Angelique Sent: Wednesday, March 14,2018 233 PM To: "Denise Rich Subject: RE: Meeting with President Mark Kennedy Hello Denise, [also wanted to offer April 128 (late aemoon) or 13° (anytime) as possible mestng date a well in conjunction with May (anytime, “Thank you for your consideration Best, Angetique “Angelique N. Foster ‘Special Assistant t the President University of Noth Dakota ‘Twamley Hal, Room 300 268 Centennial Drive Stop 8193, Grand Forks, ND_ 58202-8193 D (701) 777-6455 0 Gon) 7.2121 ¢ Gonz F (0) 777.3866 angelic, fosten@UND.e | UND eda From: Foster, Angelique Sent: Wednesday, March 14,2018 9:34 AM To: Denise Rich’ Subject: RE: Meeting with President Mark Kennedy ‘Thank you for your prompt response. Would May 1" work better with Mrs, Engelstad McGarry schedule? Best, Angelique Angelique N. Foster Special Assistant to the President University of Noth Dakota“Twamley Hall, Room 300 2264 Centennial Deve Stop 8193 Grand Forks, ND 58202-8193 D (ron) 777-6455 0 Gon 77.2121 © (901) 213-1112, F (01) 7773866 angelique fostex@UUND eda | UND su From: Denise Rich mait:DRich@engelstafoundation ors} Sent Tuesdoy, March 13,2010 5:31 PM To: Foster, Angelique Subject: Re: Meeting with President Mark Kennedy Hi Angelique: Kris Engelstad McGarry will be out of town the dates proposed. Is there a block of alternative dates? ‘Thank you. Best, Denise Rich Executive Assistant Engelstad Foundation {851 5. Rampart Biv, Sute 150, Las Vegas, NV 89145) (702) 732-7102 Phone (702) 451-8531 Fax. (On Tue, Mar 13, 2018 at 1:44 PM, Foster, Angelique wrote: Hello Denise, Happy Tuesday, hope this email receives you well President Kennedy would like to schedule atime in the coming weeks to meet with Mrs. Engelstad to continue the Ralph discussions. I prefered, he’s happy to meet either one-on-one or have Mr. Jelf Cooper and UND's. ‘AD Bill Chaves join the meeting, If agreeable with Mrs. Engelstad may I propose meeting between April 19 ~ 24? President Kennedy welcomes the opportunity to discuss in advance the requested meeting or schedule the meeting as preferred by Mrs. Engelstad. Please advise.‘Thank you for your consideration and please do not hesitate to contact me ifyou have questions. Best, Angelique Angelique N. Foster | Special Assistant to the President University of North Dakota Twamley Hall, Room 300 264 Centennial Drive Stop 8193 Grand Forks, ND $8202-8193, D con 777-6455 © gon 777.212 © aon23-112 F 01777-3866 | angelique fosten@UND ey | UNDedaKennedy, Mark From: Foster, Angeique ‘Sent: ‘Weeinesday, March 14,2018 935 AM To: Kennedy, Mark Subject RE: Meeting with President Mark Kennedy Mark, May 1* was offered a5 an alterate date, A “Angelique N. Foster ‘Spovial Assistant tothe President Univers of North Dakota ‘Twamley Hall, Room 300 264 Centennial Drive Sip 8193 (Grand Forks, ND 58202-8193 D gon 777645 © Gon 772121 ¢ Go2isni2 F 101) 777.3866 sngsiqu fostr@IUND [UND sda From: Kennedy, Mark Sent: Tuesday, March 13,2018 5:49 PM “To Foster, Angelique Subjet: Re: Meeting with President Mark Kennedy Back at you - what dates do you suggest? @ Mark R. Kennedy President University of North Dakota Sent from my iPhone ‘On Mar 13, 2018, at 6-44 PM, Foster, Angelique wrote: FYI- Do we have alternate dates we can provide? a From: Denise fich Sent: Tuesday, March 13, 2018 4:31 PM To: Foster, Angelique Subject Re: Meeting with President Mark KennedyHi Angelique: Kris Engelstad McGarry will be out of town the dates proposed. Is there a block of alternative dates? Thank you Best, Denise Rich ‘Executive Assistant Engelstad Foundation 8351'S. Rampart Blvd, Sule 150, as Vegas, NV 89145) (702) 732°7202 Phone (702) 451-8531 Fox (On Tue, Mar 13, 2028 at 1:44 PM, Foster, Angelique wrote: Hello Denise, Happy Tuesday, hope this email receives you well President Kennedy would like to schedule atime in the coming weeks to meet with Mrs. Engelstad to continue the Ralph discussions If prefered, he's happy to meet either one-on-one ‘or have Me. Jeff Cooper and UND's AD Bill Chaves join the meeting. If agreeable with Mrs. ‘Engelstad may I propose meeting between April 19-24? President Kennedy welcomes the ‘opportunity fo discuss in advance the requested meeting or schedule the meeting as prefered by ‘Mrs. Engelsad, Please advise. ‘Thank you for your consideration and please donot hesitate to contact me if you have questions. Best, | ‘Angelique Angelique N. KosterSpecial Assistant tothe President | University of North Dakota ‘Twamley Hall, Room 300 264 Centennial Drive Stop 8193 Grand Forks, ND_ 58202-8193 D cow 777-5455 © gon 77212 ¢ gop2i3112 F (701) 777-3866 angelique,oster@UND eds | UND.edaKennedy, Mark From: Foster, Angelique Sent: Friday, Api 20, 2018 11.05 AM To: Kennedy, Mare Subject: FW: Meeting with President Mark Kennedy “Angelique N. Foster Special Assistant to the President University of North Dakota “Twamley Hall, Room 300 264 Centennial Drive Stop 8193, Grand Forks, ND 58202-8193 D Con) 777-6455 0 Gon) 77-2121 © cron) 213-1112 F (90) 7773866 angelique. fsten@UND ey | UND sa From: Foster, Angelique Sent: Wednesday, Apel 1, 2018 11:08 AM Tor ‘Denis Rich’ ‘Subject: RE: Meeting wit President Mark Kennedy Hi Denise, Hope your Wednesday i of @ wonderful start With commencement ceremonies taking place in afew weeks the President's schedule has itl openings. ill follow-up soon with potential dates Best, Angelique Angelique N. Foster Special Assistant othe President University of North Dakota Grand Forks, ND_ 58202-8193 D (701) 777-6455F (701) 777-3866 angelique foster@UND si | UND.ed ense Rich ionday, April 16,2018 5:53 PM “Tor Foster, Angelique ‘Subject: Re: Meeting with President Mark Kennedy see what President's Kennedy's availability Is to meet with Kris Engelstad Denise Rich Executive Assistant Engelstad Foundation 851 S. Rampart Bivd., Suite 150 Las Vegas, NV 89145 (702) 732-7102 Phone (702) 451-8531 Fax (On Wed, Mar 14, 2018 at 12:32 PM, Foster, Angelique wrote Hell Denise, Hope this email finds you wel {also wanted to oer April 12 (late afternoon) or 13 anytime) as possible meeting dates as well in conjunction with May 1 anytime). ‘Thank you for your consideration.Angelique Angelique N. Foster Special Assistant to the resident, University of Noth Dakota ‘Twamley Hall, Room 300, 264. Centennial Drive top 8193 Grand Forks, ND $8202-8193 D (01) 777-6485 © gay 77121 ¢ qop213.1112 F (701) 7773866 angelique. foser@UND cu | UND ed Sent: Wednesday, March 14,2018 9:34 AM “Tor ‘Denise Rich’ Subject: RE: Meeting with President Mark Kennedy Hi Denise, “Thankyou for your prompt response, Would May 1 work beter with Ms. Englstad McGarry schedule? Best,Angelique ‘Angelique N. Foster ‘Special Assistant to the President University of Noth Dakota “Twamley Hall, Room 300 264 Centennial Drive Stop 8193 Gand Forks, ND_ 58202-8193 (701) 777.6885 © gon mar © ganas F (701) 7773866 ngelique.ostenUND eda | UND ad From: Denise Rich [maito:DRich@engelstadfoundation ora) fesday, March 13,2018 5:31 PM ‘or Foster, Angelique ‘Subject: Re: Meeting with President Mark Kennedy HI Angelique: kris Engelstad McGarry will be out of town the dates proposed. alternative dates? ‘Thank you. . Is there a block of,Best, Denise Rich Executive Assistant Engelstad Foundation Las Vegas, NV 83145, (702) 7327102 Phone (702) 451-8531 Fax (On Tue, Mar 13, 2018 at 1:44 PM, Foster, Angelique wrote Hello Denise, Happy Tuesday, hope this email receives you well resident Kennedy would lke to schedule atime inthe coming weeks to meet with Mrs. Engelstad to continue the Ralph discussions. Ifprefered, he's happy to meet either one-on-one or have Mr. Jeft Cooper ‘and UND’s AD Bill Chaves join the meeting. IF agreeable with Mrs. Engelstad may I propose meeting between April 19-247 President Kennedy welcomes the opportunity to discuss in advance the requested ‘meeting or schedule the meeting as preferred by Mrs. Engelstad Please advise, “Thank you for your consideration and please do not hesitate to contact me if you have questions. Beat, Angelique Angelique N. Foster Special Assistant othe PresidentUniversity of North Dakota ‘Twamley Hall, Room 300 264 Centennial Drive Stop 8193 Grand Forks, ND 58202-8193, D con 777-6455 © gon7772iat © (701) 213-1112 F (01) 777.3866 ‘angelique fosten@UND edu | UND.