HomeMy Public PortalAbout1992.07.01 Marina Parking Agreement1
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PARKING AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS, the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969; and
WHEREAS, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the.
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
IF-
FRANK T. ELAM
ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
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1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that
use, adjacent to railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current
list of the names and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the Marina, to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations upon east Lake Street or Mill
Road; and
6. In the event that a lessee or lessees of the
Marina are convicted of or otherwise plead guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, on east Lake Street
or Mill Road, during the course of a calendar year, or (ii)
the City receives signed, written complaints from private
property owners, alleging unauthorized parking by Marina
lessees on private property, in the immediate vicinity of the
Marina, then the City shall have the right to require that the
Marina provide up to eighteen (18) off-street private parking
spaces for its marina lessees, which requirement shall not be
imposed without prior written notice to the Marina and an
opportunity for the Marina to be heard before the City
Council.
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement - Page 2.
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ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
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8. The City shall be allowed to mark a pedestrian
lane, no closer than twenty-one (21) feet to the existing
building and no more than eight (8) feet in width, similar to
and keeping with the marked walkways on the city street right-
of-way of East Lake Street. The Marina shall not park or
place boats for sale, dumpsters, merchandise, cartons and
other personal property within said walkway. This provision
shall be subject to review by the parties each year.
9. The parties shall inform and advise the Idaho
Department of Lands that an agreement has been reached between
the parties and the conditions set forth in the letter from
the City of McCall, dated the 15th day of June, 1992, have
been met.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and affixed their seals as of the day and year
first above written.
Parking Agreement - Page 3.
SPORTS MARINA, INC.
CITY OF McCALL, IDAHO
ATTEST:
City Clerk
04-11-05 13:58
From-FAIRFIELD & FREEMAN
8058431094 T-104 P.03/03 F-337
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PARKING AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS,. the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969;.and
WHEREAS,, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously,to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
04-11-05 13:59 From-FAIRFIELD & FREEMAN
8058431094 T-104 P.01/01 F-338
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1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that:
use, adjacent to Railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current:
list of the naives and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
.copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the Marina to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations upon East Lake Street or Mill
Road; and
6. In the event that a lessee or lessees of the
Marina is convicted of or otherwise pleads guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, on East bake Street
or Mill Road, during the course of a calendar year, or (ii)
the City receives signed, written complaints from private
property owners, alleging unauthorized parking by Marina
lessees on private property, in the immediate vicinity of the
Marina, then the City shall have the right to require that the
Marina provide up to eighteen (].8) off-street private parking
spaces for its marina lessees, which requirekent shall not be
imposed without prior written notice to the Marina and an
opportunity for the Marina to be heard before the City
Council-
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement Page 2.
04-08-05 13:26
From-FAIRFIELD & FREEMAN
8056431084 T-086 P.01/05 F-311
WILLIAM D. FAIRFIELD
WILF1.ED J. FREEMAN
KEVIN L. ROSE
LAW OFFICES OF
FATRFIELD & FREEMAN
A LIMITED LIABILITY FAM'XizilaHIP
199 S. Figueroa, Third Floor
Ventura, CA 93001
TELEPHONE (805) 643-6280
FACSIMILE (805) 643-1094
Extension: 16
a -mail: bill@fair-Srde.com
This message is intended for the use of the individual or entity to which it is addressed and may contain
confidential information that is PRIVILEGED AND CONFIDENTIAL. If you are not the intended recipient
or the employee or agent responsible for delivering this message to the intended recipients, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by telephone and return the original
message to us at the above address via the 1.T.S. Postal Service. Our telephone number is (805) 643-6280, and
our fax number is (805) 643-1094. Thank you.
Date: April 8, 2005
To:
Dan Irwin
Fax #:
(208) 634-3038
From: William D. Fairfield Client: n/a
No. Of Pages to Follow: 11'
Comments: Please see the attached letter and drab lease
Transmission Date: April 8, 2005 at a ' �‘. Operator:
If you do not receive all pages of transmission, please call the transmitting.
operator at (805) 643-6280 as soon as possible. Thank you.
04-08-05 13:26 From-FAIRFIELD & FREEMAN 8056431084 T-086 P.02/05 F-311
illiam Fairfield
199. S. Figueroa Street, Third Floor
Ventura, CA 93001
Telephone: (805) 643-6280
Facsimile: (805) 643-1094
April 8, 2005
Via Facsimile Only (208) 634-3038
Dear Dan:
As a follow-up to our meeting at your office on March 25, 2005, I am enclosing a draft of a proposed
Lease between the City of McCall and Mlle High Marina, LLC, in connection with the launching
ramp and parking area adjacent to the ramp.
The Lease is a "draft". However, I think it reflects the discussion that you, Jim Gerblick and I had
at City Hall.
We are not certain what this legal description encompasses and that is the reason for the bold type.
Quite frankly, we are not even sure if a portion of this area covers the boat launch facilities.
Therefore, I think it is incumbent upon you and your staff to let us know the area of this lease and
its use. Once we have that information, we can revise the use of the lease as well as the area.
With respect to the parking agreement, we all recognize that if the parking areas could be improved,
there would be facilities for employee parking as well as public parking. In any event, I made no
changes to the parking agreement in anticipation that our collective wisdom will create a win -- win
opportunity for that area encompassed by the parking agreement.
I will be in McCall during the week of April18'h, and I am hopeful that you together with City of
McCall's staff can get together to resolve the issues presented in this letter. In the interim, if you
need to contact me, I would suggest that you reach me at the above address.
Please be assured of our continued cooperation in connection this matter.
Sine
Willi atry . Fairfield
Member, Mile High Marina, LLC
WDF/kc
04-11-05 13:58
From-FAIRFIELD & FREEMAN
8058431094 T-104 P.01/03 F-337
WILLIAM D. FAIRFIELD
WILFRED J. FREEMAN
KEVIN L- ROSE
LAW OFFICES OF
FAIRFIELD & FREEMAN
ALIMITED LIABILITY PARTNERSHIP •
199 Figueroa Street, 3'7 Floor
Ventura, CA 93001.
TELEPHONE (80S) 643-6280
PACSIMII.E (80S) 643-1094
FAX TRANSMITTAL
TO: / —4t,ti
FAX Number:
MESSAGE: �7/K1��_��^�
4'16
A7--1l �t�r'Gfjr9-�
TRANSMISSION DATE: V, CY IFNT:
TRANSMISSION TIME: OPERATOR:
NO. OF PAGES TO FOLLOW:
If you do not receive all pages of transmission, please call the following number as soon as possible:
• (805) 643-6280. Thank you.
This message is intended for the use of the individual or entity to which it is addressed, and may contain
confidential information that is PRIVILEGED AND CONFIDENTIAL. If you are not the intended recipient
or the employee or agent responsible for delivering the message to the intended recipients, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please notify us immediately by telephone and return the original message
to us at the above address via the U.S. Postal service, Our telephone number is (805) 643-6280 and our FAX
number is (805) 643-1094. Thank You.
04-11-05 13:58 From-FAIRFIELD & FREEMAN 8058431004 T-104 P.02/03 F-337
�A dckle,o). P9 1,
LEASE
This Lease, is entered into this day of April 2005, by and between the City of McCall,
a Municipal Corporation, hereinafter called ("Lessor"), and Mile High Marina, LLC, an Idaho
Limited Liability Company, hereinafter called ("Lessee").
1. Lessor hereby leases to Lessee the following described real property, to wit:
The west boundary of Lakeshore Boulevard, being the high water mark of Big Payette
Lake between the extension of the north boundary line of lot 5, block 4, McCall, first addition to the
Village of McCall, Idaho, as extended westerly to the high water mark of Big Payette Lake and the
south boundary line of lot 1 of said block 4, extended westerly to the west boundary line of said Big
Payette Lake. A map of said location is attached hereto as Exhibit A, and incorporated herein by
reference. For informational purposes, the leased area ("Premises") consists of improved and
unimproved real property adjacent to the Idaho Department of Lands Lease to Lessee, and
an abandoned street (Fir Street) which is perpendicular to Railroad Street and extends to the west
boundary of Mill Street. Said portion of the Premises is to be used for parking and is subject to the
terms and conditions attached hereto as Exhibit B and incorporated herein by reference,
2. The term ofthis Lease shall be the greater of twenty-five (25) years or coincident with
the term of the Lease from the Idaho Department of Lands for the Marina Lease assumed by Lessee
on February 23, 2005 as said Lease is extended from time to time. For informational purposes, the
current Lease continues until the close of business December 31, 2007 and thereafter, Lessee has the
right to extend said Marina Lease for an additional period often (10) years.
3. Use. In addition to the uses described in the Marina Lease, the Premises is to be
used for parking and other uses agreed to, from time to time by Lessor and Lessee. Lessee's
use is subject to Lessee being in compliance with all federal, state, and municipal laws, including,
tenants "plans", now or in the future, to alter, improve, change, maintain and repair the current
building, docks, decks, etc. as Lessee deems necessary; provided said changes, alterations, additions,
do not conflict with existing federal, state, and/or municipal laws/ordinances.
4. Rent. The annual gross rent shall be a portion of the annual gross boat slip rental
receipts, the numerator being 3 and the denominator currently being 180. The rental shall be paid
on December 1 of each year commencing December 1, 2005, and on the same date of each
consecutive year thereafter during the term of this lease, as extended. The rental payment shall be
accompanied by a certificate representing the gross annual rental receipts for boat slips only together
with Lessee's calculation of annual rent using a numerator of 3 and a denominator representing the
total number of boat slips available for rental during each calendar year. For example, if the gross
annual receipts for rent of boat slips is $200,000, and the current number of slips available for rental
during 2005, (i.e., 180 slips in calendar year 2005) the rent for 2005 would be $3,333 (i.e., $200,000
180 = $1,111,11 x 3 = $3,333.33). The annual rent will be adjusted by the actual number of boat
slips available for rental each season,
04-08-05 13:26 From—FAIRFIELD & FREEMAN 8056431094 T-086 P.04/05 F-311
5. Lessee's Insurance requirements; Limitation of Lessor's Liability; Indemnification.
As an essential part of the consideration to induce Lessor to enter into this Lease;
Lessee agrees as follows:
A. This Lease is made on the express condition that Lessee shall, at Lessee's sole
expense, maintain at all times during the term and any renewals of this Lease adequate property,
general liability, auto liability and worker's compensation and employer liability insurance coverage
each with limits of no less than one million dollars, naming Lessor as an additional insured or loss
payee, as appropriate, and covering among other things, all boats and other property using the
Premises, by Lessee for itself and for its clients. Lessor shall not be responsible for security, theft,
vandalism or damage, if any, to such property caused by fire, water, structural collapse or failure or
from any cause whatsoever. Lessor shall have the right at any time to inspect the Premises for the
purpose of inspecting the condition of the Premises and for any other purpose consistent with the
terms of this Lease.
B. This Lease is made on the express condition that Lessor shall be five from all
liability and claims for damage by reason of injuries of any land to any persons, including Lessee, or
any property of any kind, including the boats and other property ofLessee' s clients, regardless ofwho
owns the property, from any cause or causes while in, upon or in any way connected with the
Premises during the term of this Lease or any extension or renewal hereof Lessee agrees to
indemnify and hold Lessor harmless from any liability, loss, cost, obligation or claim on account of
or arising out of any such injuries or losses, however occurring.
6. Taxes. Lessor hereby agrees to pay all taxes and assessments of every kind or nature
levied or assessed against said Premises during the term of this Lease, except that any personal
property taxes or other taxes related to the personal property of Lessee or its clients or Lessee's
operations on or off the Premises shall be the sole responsibility of Lessee.
7. Condition. Lessor shall have no duty to maintain during the term of this Lease, any
part of the Premises_ In the event that repairs are required, Lessee shall immediately notify the Lessor
and Lessor, shall determine, in Lessor's sole discretion, whether, when and how such repairs will be
made, if at all. Any spills of petroleum, boat fuel, oil or any other substances during the term shall
be fully cleaned up by Lessee, and Lessee shall be responsible for all remediation costs or other
liabilities connected therewith.
Lessee agrees to keep and maintain the Premises in a condition as good as originally leased,
ordinary wear and tear, damage by wind storm, or other acts of God excepted.
8. Modification. This Lease shall not be modified or amended without the written
consent of the parties.
9. Assignment/Sublease. Lessee shall have the right to assign, sublease or otherwise
convey Lessee's leasehold interest in the Premises or any portion thereof.
04-08-05 13:26 From-FAIRFIELD & FREEMAN 80E8431004 T-086 P.05/05 F-311
10. Binding Effect. The terms and conditions contained herein shall be binding upon and
inure to the benefit of the parties and their successor and assigns.
11. Attorney's Fees. If any action is instituted to enforce any covenant contained in this
Lease or to recover any rent due or to recover possession of the Premises for any default or breach
of this Lease by Lessee, then Lessee shall pay such reasonable attorney fees as may be determined
by the court.
12. Governing Law. It is agreed that this Lease shall be governed by, construed, and
enforced in accordance with the laws of the State of Idaho.
13 . Effect of Partial Invalidity. The invalidity of any part of this Lease will not and shall
not be deemed to affect the validity of any other part. In the event that any provision of this Lease
is held to be invalid, the pasties agree that the remaining provisions shall be deemed to be in full force
and effect as if they had been executed by both parties subsequent to the expungement of the invalid
provision.
14. Waivers. Waiver by Lessor of any breach of any covenant or duty of Lessee under
this Lease is not a waiver of a breach of any other covenant or duty of Lessee, or of any subsequent
breach of the same covenant or duty.
1N WITNESS WHEREOF, the parties hereto have executed this Lease on the effective day
of April, 2005.
LESSOR: LESSEE:
CITY OF McCALL, a Municipal Corporation MILE HIGH MARINA, LLC, an Idaho
Limited Liability Company
By: By:
Name: _ JAMES G. GERBLICK, Member
By:
WIL.LIAM D. FAIRFIELD, Member
City of Four Seasons Recreation
McCall,ldaho 83638
P.O. Box 1065 Ed Parker
Tel. (208) 634-7144 Chief of Police
May 23, 1990
Arthur J. Schmidt
City Administrator/Clerk
P.O. Box 1065
McCall, ID 83638
Dear Bud,
On May 22, 1990 I received a complaint from Austin Lammerman
regarding illegally parked vehicles parked in front of the Sports
Marina.
In response, I observed several boats parked on boat trailers
in front and to the North of the Sports Marina. Some had FOR
SALE signs posted on the boats.
If in fact the boat trailers are parked "ALL NIGHT" then the
owners are in violation of McCall Ord. 7=7-13 (It shall be unlaw-
ful for any person to park a vehicle upon city streets or alleys
between the hours of two o'clock (2:00) a.m. and seven o'clock
(7:00) a.m. of any day except physicians on emergency calls);.
Mr. Hardy (owner of Sports Marina) disputed the city's lease
agreement and stated that his lease was with the State of Idaho
-- which entitled him to park in the areas in question as it was
not on the main travelled portion of the roadway.
Larry Chalfant checked and reported that the trailers are
parked on the city's 60 foot right-of-way.
In order to proceed I need to have a legal opinion from our
city attorney as to what action may be taken.
Sincerely,
Ed Parker
Chief of Police
EP/nbl