HomeMy Public PortalAbout1996.03.01 Sports Marina Park Land Lease for Marina Purposes05-02-05 13:04 From-FAIRFIELD & FREEMAN
3056431004 T-240 P.02/07 F-623
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I,
PARK LAND LEASE FOR MARINA PURPOSES
This Lease is made March`., 1996, by and between the City of McCall, an Idaho
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municipal corporation ("City"), and Sta-Bax, Inc., an Idaho business corporation, of lueezr
McCall, Idaho ("sr), for and in consideration of the mutual. promises herein contained.
Bap)cxrpund
I. City is the owner in fee simple of the land described on Exhibit "B" ("Subject
Property") located between East Lake Street and the high water mark (as defined for
purposes of title) of Payette Lake, and holds it for the use of the people of McCall and
their guests as public park and recreation land.
2. SI Ieases submerged property adjacent to the west from the state Department of
Lands.
3. SI owns a marina built on this submerged property in connection with which
concrete pads and paving have been constructed on the Subject Property, and has
used the Subject Property for storage and for access and parking; buried pipelines
lie under the property for the delivery of fuel to the marina.
4. City views the marina as an extension of the park and recreation use of the '
Subject Property, provided that is not administered to exclude the people of
lelcCall. City prohibits under its generally applicable ordinances any commercial
use of the parks without prior consent of Council, which has been obtained,
Leases
6. Authorization of Use. City leases to SI, and SI leases from City, the property
described on Exhibit "B. " Pursuant to this Lease, SI is authorized by this Lease to
attach a marina to the Subject Property and to make use of the Subject Property for
access to the high water mark and the marina. The placement of and plans for such
marina are subject to approval by the State of Idaho Department of Lands, and SI
shall obtain that approval before commencing any additional constriction of such.
marina. Such marina shall comply with the Shorelines and Rivers Environs zoning
restrictions, MCC 3-15-040 (B) 4, an excerpt of which is set out on page 4 of this
lease as Exhibit "A."
7. Use and Benefit. The marina must exist for the use and benefit of the people of
McCall, permanent or seasonal. The right to use the marina or any slip therein may
not be sold or limited for more than one summer season to persons not having a
dwelling nexus with McCall. If made available to persons not residing .as indicated
above, such availability shall be on an open maricet basis and for one season or Iess.
The reasons for this provision are that the amount of publicly owned waterfront
within the,City of McCall is severely limited, the health and welfare of the residents
of McCall requires recreational access to the Lake (the Lake being a reason why
they reside in McCall), and the laud in question is public park land which shall not
be shut off from use by residents of McCall. Nothing herein shall be construed to
prevent SI from honoring existing commitments to its existing customers,
8. Rent. Until April 6, 2004, rent shall be payable in the amount of $1.00 per
annnm, on or before April of each year. As this Lease creates for the first time a
�-- right of possession in 3I after April 6; 2004, rent due April 7, 2004 and thereafter
ti shall be subject to negotiation, and shall reflect concepts such as rent for exclusive
occupancy of the Subject Property, less the value of use restrictions, andlor
percentage rent as to the gross receipts of such marina, and City should have the
LEASE 4F PARK LAND FOR MARINA page 1
City and: SI, printed March 1, 1996
approved by Council, Febrnc,-+'7Q 'QM
g_zoapit, L6
STATHIS 0643
06-02-05 13:04 From-FAIRFIELD & FREEMAN
8056431004
T-240 P.03/07 F-623
right to audit records to determine whether the grossreceipts eachave been accurately
stated. Such rent shall be payable annually on April
receipts' for these purposes would include not only cash received, but also the fair
market rental value of any slips the use of which is appurtenant to real property;
9. Sli r E er en $mines Use. A reasonable number of slips (but not less than
two) shall be provided for use by the McCall Police Department and/or the McCall
Fire Depattment/McCall Rural Fire District/McCall Ambulance, for boats,
fireboats, and jet skis officially used by such agencies, without consideration other
than the execution of this Lease. marina in the
10. Desngn Review and $tc� W.l�h�t a �S bpe t �`o a si���view by the F ks upland
improvements associated
and.to zoning
Recreation Committee, with Z guof oP sion, bothofof which approvals must be
approval by the Flaming g
received prior to construction. Once SI undertakes construction, it shall be pursued
with due diligence encumbered by work in progreletion ss for an excessived finished time.
� order that
park land not
11. Term. and Renewal. The initial term of this Lease shall be until and including
April 6, 2004. This Lease may be renewed for one or more, but not exceeding
three, additional ten year terms for so long as the rent and other conditions of the
Lease are faithfully adhered to, and subject to completion of renegotiation of rent
prior to the commencement of each such term. If SI determines that it does wish
to renew this Lease, it shall give notice of that fact during the last six months of
the expiring term.
12. iTce Maintenance and insurance_ The Subject Propertysthtu� g see bebelly-for
access to such marina, and for reasonable parking
discussed pathway. SI shall maintain any such marina, and other improvements in
a condition safe for public use, and otherwise in n odmaintenance
mite ance and of a S1
is encouraged to install reasonable landscaping j pay,
April 6, 2004 may be required to do so. SI shall screen any dumpster from public;
view, and shall not store inventory on Subject Property. SI shall encourage its
customers not to park on the paint -marked sidewalk or path, and shall not itself
park or store anything within the confines
np of such pathway.
way. SI shall
ng ll pon oro edger such
insurance against personal injury d property
rty a
marina. and improvements, or on the Subject Property, in the amount of not less
than $1,000,000, and shall cause the City to be an additional named yinsured. make the
Should inflation or developments in the law of personal injury liability
true value of that amount of such insurance inadequate as compared with 1996
values, it shall be increased to a commercially reasonable level. Certificates of
such insurance shall be filed with the City Clerk annually with the payment under
paragraph 8 above.
10. Te 'nation for Cuase. This Lease may be terminated by the City in the event of
a breach by SI, by giving thirty days written notice. City shall not terminate this
Lease by reason of a non -monetary breach of this Lease if SI in response to such
notice and within such 30 days both gives notice to City that it intends to, and in
fact does, commence and diligently pursue a cure of such non -monetary breach to
the point of actual cure.
11. Rem val o Improvements anatinn• Unless SI obtains the prior written
consent of City to some other action, SI shall have sixty days after termination by
the City to remove the marina and any other structure extending above the surface
of the ground; such period of time shall be computed excluding tunes when the
ground is covered by snow. Any such marina or other structure after the expiration
LEASE OF PARK LAND FOR MARINA Page
City and 5T, printed March 1,1996
approved by Council, February 29.1996 STATUES 0644
05-02-05 13:05 From-FAIRFIELD & FREEMAN 8056431094 T-240 P.04/07 F-623
of such sixty days, shall at the option of the City become the property of the City.
Any such left structure which in the opinion of the City is not of value, may be
removed and disposed of by the City for the account of SI,
12. Succors..ae ssi s. This Lease shall bind and inure to the benefit of the
heirs, successors and assigns of the parties.
13. Rule of Construction. This Lease shall be construed in accord with its evident purposes,
to facilitate the logical extension of the urban road system across the property in accord
with sound engineering practice not unnecessarily disruptive to development, and to
compensate the City and the public for granting near exclusive use of park land and
access from parkland to the water.
14. DisputeResolutine Disputes among the parties shall be resolved as follows_
a. Any dispute between the parties respecting the interpretation or
implementation of this Lease shall be submitted to alternative dispute
resolution as a pre -condition to any litigation. Such alternative dispute
resolution shall be non -binding and inadmissible in any subsequent
litigation.
b. If any legal action or proceeding related to this Lease not covered by the above
alternative dispute resolution clause is begun by any party to this Y pgSe, the
prevailing party shall be entitled to recover its costs, damages, and expenses,
including commercially reasonable attorneys fees and witness and expert witnee.
fees, incurred to prosecute or defend the same, whether or not such action or
proceeding is litigated or prosecuted to judgment. The City shall be entitled to suet.
fees, if the prevailing party, notwithstanding the fact that the City Attorney is
salaried. The prevailing party will be that party who was awarded judgment as ;t
result of trial or arbitration, unless the dispute was only as to the amount of a claicr
conceded to exist, in which case the finder of fact shall determine the identity of he
prevailing party.
15, adings an Aid o Reade* Only,. The headings of paragraphs and articles of this Leas,
are provided as a guide to the reader, and shall not in any way affect the meaning or
interpretation of this Lease.
16. Governing Law. This Lease is governed by the law of Idaho, and Valley County, Idaho
is the proper venue.
17. further Acts. Deeds, Documents Necesss a Purposes., Except as otherwise provided
herein, in addition to the acts and deeds recited in this Lease and contemplated to be
performed, executed and/or delivered by the parties, the parties hereby agree to perfor n
execute and/or deliver or cause to be performed, executed and/or delivered any and all
such further acts, deeds and assurances as any party hereto may reasonably require to
consummate the transactions contemplated under this Lease.
18. dime of the Essence,. Time is of the essence with respect to the obligations of the pa. tie
under this Lease.
19. Default and Remedies, In the event of any default under this Lease, the net -defaulting
party shall be entitled to all rights, powers and remedies available at law or in equity,
including, without limitation, damages and equitable relief, and/or resort to any security .
Any rights, powers and remedies stated in this Lease, or now or hereafter existing in 14tt,
at equity, by statute, or otherwise are cumulative and concurrent, and shall each be in ,
addition to, and not in lieu of, all the others. The exercise or the beginning of the exerei ;r
or the forbearance of exercise by any party of any one or more of such rights, powers a .c
remedies shall not preclude the simultaneous or subsequent exercise by such party of as y
or all of such other rights, powers and remedies.
LEASE OF PARK LAND FOR MARINA
City and SI, printed March 1, 1996
approved by Council, Febraary 29, 1996
STATH S 0645
page 3
LID-U'L-05 13:05 From-FAIRFIELD & FREEMAN
6066431094
T-240 P.06/07 F-623
.IMMEM.11410,
20. Limitation of Waiver. The neglect of any party to enforce its rights, powers or remedy,::;
at any particular times or upon any particular occurrences shall not preclude resort to
those rights, powers or remedies at any other time or with respect to any other
occurrences. Any waiver of any right, power or remedy must be done in a writing
executed by the party to be charged with such waiver, laud executed with no fewer or
different formalities and approvals than were attendant upon execution of this Lease. Au y
waiver of a breach of a covenant, term or condition of this Lease shall not be deemed a
waiver of any other breach of the same or any other covenant, term or condition of this
Lease. Acceptance of overdue performance of a covenant, term or condition of this Lena
shall not constitute a waiver of the breach existing prior to the performance, unless so
agreed in writing by the recipient of the performance.
21. Foice Majeure, Any prevention, delay or stoppage due to strikes, lockouts, labor dispu.e:: .
acts of God, inability to obtain labor or materials or reasonable substitutes Therefor,
governmental restrictions, governmental regulations, government controls, enemy or
hostile government action, civil commotion, fire or other casualty, and other causes bcvcn ;.
the reasonable control of the party obligated to perform, shall excuse the performance by
such party for a period equal to any such prevention, delay or stoppage. The term
"governmental restrictions, governmental regulations, government controls, .... [and]
hostile government action" shall not be construed to have any reference to City enforci:a
this Lease or any other agreement between the City and any other party, nor the City
enforcing the City Code or other applicable law, nor any other government enforcing an
agreement with a party or the conditions on the issuance of its permit(s) issued to a par. y
22_ Counterpart Execution- This Lease may be executed in any number of counterparts. N
single counterpart need be signed by all parties to this Lease; so long as each party herct
has executed at least one such counterpart, this Lease shall be considered fully executed.
Each such counterpart shall be deemed to be an original instrument; and all such
counterparts together shall constitute but one Lease.
23. Burden and Benefit, This Lease shall bind and inure to the benefit of the parties and the r
respective heirs, legal representatives, successors and assigns.
24. E hibi s. nitOther Writing erger. All exhibits and other attachments, if any, to this
•Lease are a part of this Lease, as if set out again in this Lease. In the event of any conflic :
between language in an exhibit and language in this Lease, the language of this Lease
shall govern. This Lease constitutes the entire agreement between and among the parties
as to the matter set out in it, and all prior negotiations and discussions, memoranda,
correspondence, and communications are merged into and extinguished by this Lease;
vided, hoverever, that nothing in this Lease shall be held to merge into this Lease any
other written document described in this Lease, unless this Lease expressly identifies
such other written document or agreement and states that this Lease supersedes such
other document or agreement.
25. Legal Representati ri and Rules of Construction. All parries to this Lease have been
represented by legal counsel at all stages of the negotiations for and the preparation of
this Lease, including during the proceedings relating to the approval of this Lease;
accordingly, in all cases, the language of this Lease will be construed simply, accordin,f:
to its fair meaning, and not strictly for or against any party.
26. Notice. Notices between the parties may be made by personal delivery or by United
States trail, postage pre -paid, registered or certified, witbb return receipt requested, or b2,
telegram, facsimile transmission or mail-o-gram or by recognized courier delivery (e. g.
Federal Express, UPS, DHL, etc.) addressed to the parties, as the case may be, at the
address set forth below or at such other addresses as the parties may subsequently
designate by written notice given in the manner provided in this section:
LEASE OF PARK LAND FOR MARINA
City and St, printed March 1, 1996
approved by Council, February 29, 1996
STAT IS 0646
page 4
if
06-02-06 t 3:06
From-FAIRFIELD & FREEMAN 6066431094
T-240 P.06/07 F-623
i
To Ciry: City Manager With a copy to:
City of McCall
216 E. Park Street
P. O. Box 986
McCall, II? 83638-0986
208-634-7142
208-634-3038 (facsimile)
To Sl: Harry Stathis Pres. With a copy to:
Sta Bax, Inc.
P. O. Box
McCall, ED 83638
208-634 (phone) '
208-634- _ (facsimile)
Either Patty may change its address
Dated:
City of McCall
by:
William M. Killen, Mayor
Attest:
James H. Henderson, Clerk
City Attorney
City of McCall •
216 E. Park Street
P. O. Box 986
McCall, IQ 83638-0986
208-634.-7142
208-634-3038 (facsimile)
Millemann, Pittenger
Br McMahon
P. O. Box 1066
McCall, IQ 83638
208-634-7641
208-634-4516 (facsimile)
for notice by written notice.
Sta-Bax, Inc.,
by:
Harry Stathis, Pres.
by:
, Secretary
LEASE OF PARK LAND FOR MARINA
City and SL printed March 1, 1996
approved by Canna, February 29, 1996
STATICS 0647
i
05-02-05 13:06 From-FAIRFIELD & FREEMAN
8066431004 T-240 P.07/07 F-623
"Exhibit A"
MCC 3-15-040 (p!) provides in pertinent part
4. Private docks and piers shall:
(a) Require a building permit from the City in addition to the permits
required by the State Department of Lands, or ocher authorities
having jurisdiction.
(b) Be used to provide access to boats.
(c) Be floating or held on pilings.
(d) Be built with chemically inert materials; and foam materials shall
be fully enclosed.
(e) Not be constructed in whole or part by or in association with
excavation or dredging, unless a conditional use permit has first
been issued.
5, Public or commercial marinas, clocks and piers are a conditional use and
4Halt meet all requirements in 3-15-040(a) and in addition shall:
(a) Provide an Environmental Assessment which addresses the issues
identified by the Planning COMMiSSion upon initial inquiry by a person
who proposes to become an applicant for such conditional use.
(c) 'Nave restrooms, pump -out facilities for boat sewage receptacles, and tr,.s
receptacles for other boat wastes, on or near and accessible from such
facilities.
(d) Meet all other building code and environmental requirements.
LEASE OF PARK LAND FOR MARINA
Ciry and SI, priuuted March 1, 1996
approved by Council, Fabruary 29, 1996
STATITS 0648
page 6
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 Mesta, LLC, an Idaho
Limited Liability Company, hereinafter Galled ("Lessee").
1. Lessor hereby leases to Lessee the following described real property, to wit:
The west bowadary 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, lvIcCall, first addition to the
Village of McCall, Idaho, as extended westerly to the high water marls of Big Payette Lake and the
south boundary line of lot l 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
=improved real property adjacent to the Idaho Department of Lands Lease to Lessee.
2. The term of this LOW allall be the greater oftwenty-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 of ten (10) years.
3. Use. In addition. to the uses described in the Marina Lease, the Premises is to be used
for parking equipment display 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, andlor 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
Oil December 1 of each year canunencing 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 cu nrent 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 = S1,111.11 x 3 = S3.333.33). The annual rent will be adjusted by the number of'boat
slips available for rental each season.
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 free from all
liability and claims for damage by reason of injuries of any kind to any persons, including Lessee, or
any property of any kind, including the boats and other property of Lessee'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.
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 parties 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.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the effective day
of April, 2005.
LESSOR:
CITY OF McCALL, a Municipal Corporation MILE HIGH MARINA, LLC, an Idaho
Limited Liability Company
By:
Name:
LESSEE:
i
S C A L E: 1" = 100'
prepared by
Kerr Surveying
Box 853
McCall, ID 83638
208-634-2686
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SKETCH SHOWING
PROPERTY LEASE TO THE SPORTS MARINA
Situate in Government Lot 2,
Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley Co., Id.
March, 1996
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 ofBig 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. trap 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 Deparunent of Lands Lease to Lessee.
2. The term of this Lease shad 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 of ten (10) years.
3. Use. In addition to the uses described in the Marina Lease, the Premises is to be used
for parking equipment display 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.
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 free from all
liability and claims for damage by reason of injuries of any kind 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 offthe 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.
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 parties 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.
IN 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
i
SCALE:r=100'
prepared by
Kerr Surveying
Box 853
McCall, ID 83638
208-634-2686
SKETCH SHOWING
PROPERTY LEASE TO THE SPORTS MARINA
Situate in Government Lot 2,
Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley Co., Id.
March, 1996
LAKEPORT MANAGEMENT
P.O. Box 927 • McCall, ID 83638
Telephone: (208) 634-2900
Fax: (208) 634-2952
City of McCall
Attn: Dan Irwin
216 E. Park Street
McCall, ID 83638
Dear Dan,
April 22, 2005
Sorry I did not get back to you earlier. Although I know the current lease has not
terminated, we (Jim & I) did agree to enter into a new lease with the City of McCall that
we have signed in triplicate and is enclosed. I realize the City and its attorneys may want
additional clauses and we will certainly cooperate.
Our objective is to get an approved lease as soon as possible so that we can open the
Marina by May 15, 2005. Would you please do whatever is necessary to obtain city
council approval as soon as possible?
We appreciate your help and advice. Please call me if you have questions or comments.
slj
LAKEPORT MANAGEMENT
P.O. Box 927 • McCall, ID 83638
Telephone: (208) 634-2900
Fax: (208) 634-2952
May 4, 2005
City of McCall
City Manager: Lindley Kirkpatrick &
Council Members
216 E. Park Street
McCall, ID 83638
Re: Mile High Manna Construction schedule of docks
Dear Mr. Kirkpatrick & Council Members,
The management at Mile High marina is committed to replacing the entire dock system
with an estimated total replacement value at $400,000.00.
Currently, we are under contract with Inland Marine Construction Inc. to replace the first
phase of three (3) stages by May 31, 2005.
Phase Two (2), is anticipated to be completed at the end of the 2005 season and the third
phase is scheduled for completion by Memorial Day weekend 2006.
Please refer to the attached schedule for more details.
Regards,
James G. erblick
slj
SCHEDULE A
Mile High Marina, LLC
Dock construction time -line
May 4, 2005
Phase One (1):
Estimated Date of Completion:
Phase Two (2):
Estimated Date of Completion:
Phase Three (3):
Estimated Date of Completion:
May 31, 2005
October 31, 2005
May 31, 2006