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HomeMy Public PortalAbout1998.01.01 Sta_Bax, Inc Submerged Lands Lease B-5007STANLEY F. HAMILTON DIRECTOR James Hardy dba Sports Marina, Inc. P.O. Box 869 McCall, ID 83638 Dear Mr. Hardy: 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 December 2, 1992 Re: Encroachment Permit L-65-S-372E . BOARD OF LANE COMMISSIONER: CECIL D. ANDRUE Governor PETE T. CENARRU£ Secretary of State LARRY ECHOHAWI Attorney General J.D. WILLIAMS State Auditor JERRY L. EVANS Sup't of Public Instruction Enclosed is your permit as amended in accordance with the application you filed with this office. Please comply with, all special terms and conditions. You are required to record this new original permit with your respective county. The assigned number must be displayed upon the outermost area of your encroachment. Thank you for your cooperation. Sincerely, W. R. PITMAN, PE, Administrator Idaho Lake Protection Act WRP/mc enclosures c: Payette Lakes Surface Leasing Specialist, Boise US Coast Guard - Seattle, WA KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 STANLEY F. HAMILTON DIRECTOR ENCROACHMENT PERMIT NO. L-65-S-372E Permission is hereby granted to SPORTS MARINA, INC. c/o James of P.O. Box 869 McCall, ID 83638 to maintain and extend encroachment 100' west within existing breakwater; add 18 double slips located: Payette Lake adjacent to city of McCall, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County. 1. A11 applicable provisions of the Rules for Regulation of Beds, Waters, and Airspace over Navigable Lakes and Streams in the State of Idaho are incorporated herein by reference and made a part hereof. 2. Construction will follow details and specifications shown on the approved drawings and data provided by the applicant. Should such information and data prove to be materially .false, incomplete and/or inaccurate, this authorization may be modified, suspended, or revoked in accordance with the Administrative Procedures Act, Idaho Code title 67, chapter 52. . 3. This permit does not convey the State's title to or jurisdiction or management of lands lying below the natural or ordinary high water mark. 4. Acceptance of this permit constitutes permission by the Permittee for representatives of the Department of Lands to come upon Permittee's lands at all reasonable times to inspect the encroach- ment authorized by this permit. 5. The Permittee assumes all liability for damages which from the exercise of this permit. 6. This permit does not relieve the Permittee from obtaining additional local or federal permits as required. may result 7. This permit is not valid until the enclosed permit tag is displayed on the outermost area of the encroachment. 8. If the activity authorized herein is not completed on or before the 2nd day of December , 1995 (three years from the date of issuance), this permit shall automatically expire unless it was previously revoked or • otherwise extended. KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER BOARD OF LAND COMMISSIONERS CECIL D. ANDRUS Governor PETE T. CENARRUSA Secretary of State LARRY ECHOHAWK Hardy Attorney General J.D. WILLIAMS existing State Auditor JERRY L EVANS Sup't o Public Instruction ENCROACHMENT PERMIT NO. L-65-S-372E December 2, 1992 Page two 9. White bead foam flotation shall be completely encased in a manner that will maintain the structural integrity of the foam. The encasement shall be resistant to the entry of rodents. 10. This permit supersedes and voids any permit previously issued for this property unless otherwise noted. 11. Creosote or pentachlorophenol (Penta) treated piling and lumber shall not be used on,. in, or over the water. Piling and lumber that are in continual contact with lakewaters shall not be treated with protection material. Treated materials not in contact with the water shall be completely dry before use in or near navigable water. Contact Idaho Department of Health and Welfare, Division of Environmental Quality, with questions regarding treated materials. 12. A11 construction material must be stockpiled landward of the ordinary high water mark. 13. The permittee shall maintain the structure or work authorized herein in a good and safe condition and in accordance with the plans and drawings attached hereto. 14. This permit is issued contingent upon the permittee's agreement to enter into a sovereign land lease when notified by the director that a lease is necessary to occupy state-owned lake or riverbeds. The lease will be consistent with other sovereign land leases and policy adopted by the State Board of Land Commissioners. 15. A11 construction shall be completed in accordance with descriptions and methods provided unless otherwise specified. Any changes shall be approved in writing by the department prior to construction. 16. Install a marine pump -out facility per Panhandle Health District Environ- mental Code Section 41.1.12.a. to pump out retention tanks on self-contained boats. The pump -out facility shall be operational at the time the marina first opens for business. 17. The conditions of the parking agreement between the Sports Marina and city of McCall effective July 1, 1992, are made a part of this permit. STATE OF IDAHO ss COUNTY OF KOOTENAI Subscribed and sworn December , 1992. FOR THE DIRECCTTOR B y : W. R. PITMAN, PE, Administrator Idaho Lake Protection Act to before me this 2nd day of Notaily Public for Idaho Residing at Post Falls, f-fiaho Commission expires: 1/24/98 ,t��,, suul8,,•,�� %JO. Tl A C Iik e? 3 r)p A G E 11 c Y u s r. JOINT APPLICATION FOR PERMIT U.S. ARMY CORPS OF ENGINEERS 1.AND• STATE OF IDAHO, DEPARTMENT OF WATER RESOURCES STATE OF IDAHO, DEPARTMENT OF LANDS The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean Water Act.. These laws require permits authorizing structures and work in or affecting navigable waters of the United States and the discharge of dredged or fill material into waters of the United States, including their adjacent wetlands. State permits are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38. Idaho Code) and the Idaho Lake Protection Act. Section 58-142 et. seq. Idaho Code. This application will meet the requirements of the above agencies. The applicant has sent copies of this application to the agencies checked: ID Dept. Water Res. - Boise Q Couer d'Alene ; ID Dept. Lands i . Corps of Engineers - Walla Walla ❑ . PLEASE TYPE OR PRINT A 1. Corps of Engineers 1 2 Date Received 3. NAME OF APPLICANT SPORTS MARINA, INC. MAILING ADDRESS PO Box 869 McCall, ID 83638 Area Area PHONE Work (208) 634=8161 Home (208) 634-5950 Date of Application March 20, 1992 State of Idaho A 4-65"5 372•'E Date Received 3 -2 3 - ? Z u s 4. AUTIIORIZED AGENT MAILING ADDRESS Area PHONE Work ( ) Area Horne ( .) 5. Location where proposed activity exists or will occur. Name of waterway McCall Payette Lakes Tributary of In or near city or town Valley Assessor's Desc. (Tax Number or Subdivision, Lot & Block No.) NW part of Gov't Lot 2 • Idaho 83638 S9 T18N R3E County State Zip Code Section Township Range 6. Describe the proposed activity, including description of the type of structures, if any, to be erected on fills, or pile or float -supported platforms. If additional space is needed, use a separate sheet or Section 15 (Remarks). Oescritre the proposed activity in detail: Extend encroachment 100' West inside of existing breakwater For the addition of 18 boat slips Descrll}e construction methods and equipment: Docks and slips will be prebuilt, floated into position and anchored. Docks will be constructed of log and slips will be styrofoam totally encased with wood. E Length of project along the stream or extension into lake or reservoir: Additional 100' for total• of 495' Stream gradient: none Will material be placed waterward of ordinary high water mark? none Will material be placed in adjacent wetlands? none Type of fill material: none (1.e. sand, etc.) Material Source: Volume of material to be placed none (cubic yards) Will excavation be required? no Disposal Site Location: Method of diverting flow. if needed: none Method of controlling turbidity: none ' 7. Preparation of drawings. P set of original or good quality reproducl drawings must be attached to this appli tlon. NOTE: DRAWINGS NO L ER THAN 811 X 11 INCHES IN SIZE. See the 1..,truction pamphlet for instructions and Checklist for completing the drawings. 8. Purpose and Intended use: Commercial X Public Private Other Describe • 9. Proposed Starting Date June 1992 Estimated Duration 15 months 10. If any por•:i•,n of the activity is complete indicate month and year.of completion Indicate the existing work on the drawings. 11. Names. addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins tl, waterway. Millpond Construction — Kevin Muir PO Box 1/55 McCall, ID 83638 208-347-2568 12. LEGAL OWNER IF OTIiER THAN APPLICANT NAILING ADDRESS PHONE Area Work ( ) City, State, Zip Code Area Home ( ) 13. List other applications, approvals or certifications from other Federal, interstate, state, or local agencies for structures, constructions, discharges, deposits, or other activities described In this application. issuing Agency Type Approval identification No. Date of Application Date of Approval 14. lias any agency dented approval for the activity described herein or for any Activity directly related to the activ described herein? Q YES Q NO ,(If "Yes" explain) • 15. Remarks or additional information: 16. Application is hereby made for a permit or permits to authorize the activities described herein.' I certify that 1 • familiar with the information contained in this application, and that to the best of my knowledge and belief such information 1s true, complete, and accurate. I further certify that 1 possess the authority to undertake the prop( activities. I hereby grant to the agencies to which this application is made, the right to come upon the above - described location to inspect the proposed or completed work. March 20, 1992 Date S • ature of App cant Reg red The application must be signed by the applicant. If an authorized agent is to be designated. Item 4 and the folio~ Information should be completed. I hereby designate • to act as my agent in matters related to this permit application. I understand that if a Federal permit is issued, I must sign the permit. Date Signature of Authorized Ageny (if applicable) Signature of Applicant (Tf applicable) 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency o the United :itates knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or and any false, Fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry. shall be fined not more than $10,0 or imprisoned not more than five .years, or both. Do not send h permit processing fee with this application. The appropriate fee will be assessed when a permit.is issued. DO NOT SEND PROCESSING FEE WITH APPLICATION I.. NMI Form 304 • ' • .' " IDI:R Form 3804 May 87 (Rev) May 87 (i' 3Dd • 4WD :• 5--- L . • ---[P---41` I— [1 VI [1 11 HP 2.7? - `C.-xis-rut/6 /3 VIL DING 141-- /101 fRopO.Se.4 Doak Nett) ANijoet ANe.4043 •. Rytiii:47.pa....1 vl 300' MO/ WATER MARK Not -11-9 StAte._ -13' N. Span 1-s /9 A-4:1NA (Do 41kt; IAA ceAti • rp/2./1--tVi 2 J W F- Y Q U. 1 3 4 5 6 7 8 9 0 m oN 10 3 � Q ° I1 Q o O O v N LL 12 Z r Q o w 13 X o a Q • w 14 w O Q N 15 o � P a o w 16 a PHor 17 18 19 20 21 22 23 24 25 26 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: FAX (208) 634-2201 PHONE (208) 634-2200 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 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 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. 3 4 5 6 7 8 9 Pi- co N 10 m Q M cr) � Q POO 11 • v 5 Q 12 W N J LL til . zNQ O • W • 13 o O a w N W v '2. o O p 615 .- m o Q o z 16 O f a 17 18 19 20 21 22 23 24 25 26 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 parkor 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. BY SPORTS MARINA, INC. 1 j. . President CITY OF McCALL, IDAHO By: Mayor ATTEST: a RECORDATION REQUESTED BY: West One Bank, Idaho 905 North Second Street P.O. BOX 903 McCall, ID 83638 WHEN RECORDED MAIL TO: West One Bank, Idaho 905 North Second Street P.O. Box 903 McCall, ID 83638 SEND TAX NOTICES TO: West One Bank, Idaho 905 North Second Street P.O. Box 903 McCall, ID 83638 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LANDLORD'S CONSENT THIS LANDLORD'S CONSENT is entered into among STA-BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA ("Borrower"), whose address is P.O. Box 1063, McCall, ID 83638; West One Bank, Idaho ("Lender"), whose address is 905 North Second Street, P.O. Box 903, McCall, ID 83638; and City of McCall ("Landlord"), whose address is 216 East Park Street, McCall, Idaho 83638. Borrower and Lender have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Agreement. The word "Agreement" means this Landlord's Consent, as this Landlord's Consent may be amended or modified from time to time, together with all exhibits and schedules attached to this Landlord's Consent from time'to time. Borrower. The word "Borrower" means STA-BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA. Collateral. The word "Collateral" means certain of Borrower's personal property in which Lender has acquired or will acquire a security interest, including without limitation the following specific property: All Chattel Paper, Accounts, Contract Rights, General Intangibles, Inventory, Equipment and Fixtures Landlord. The word "Landlord" means City of McCall. The term "Landlord" is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or may become, prior to the interest of Lender. Lease. The word "Lease" means that certain lease of the Premises, dated , between Landlord and Borrower. Lender. The word "Lender" means West One Bank, Idaho, its successors and assigns. Loan. The word "Loan" means the loan, or any other financial accommodations, Lender has made or is making to Borrower. Premises. The word "Premises" means the real property located in Valley County, State of Idaho, commonly known as 1300 East Lake, McCall, ID 83638, and legally described as: SEE ATTACHMENT "A" FOR LEGAL DESCRIPTION. BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the Loan. The parties intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Lease. Upon full performance by Borrower under the Loan, this assignment shall be ended, without the necessity of any further action by any of the parties. This assignment includes all renewals of and amendments to the Lease or the Loan, until the Loan is paid in full. No amendments may be made to the Lease without Lender's prior written consent, which shall not be unreasonably withheld or delayed. CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease, Lender may reassign the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed. So long as Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all obligations of Borrower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause all payments due under the Lease and attributable to that period of time to be made to Landlord. If Lender later reassigns the Lease or vacates the Premises, Lender will have no further obligation to Landlord. LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite any default by Borrower, without giving Lender written notice of the default and an opportunity to cure the default within a period of sixty (60) days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Lease for the period during which Lender is in possession of the Premises, or so long as Lender reassigns the Lease to a new lessee reasonably satisfactory to Landlord. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged, without either repairing any such damage or reimbursing Landlord for the cost of repair. ATTACHMENT "A'_'. An exhibit, titled "ATTACHMENT "A"," is attached to this Agreement and by this reference is made a part of this Agreement just as - if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement. 11n1ar 1 I nruGni IC oornnc1nue Thin e.,.ve..,e..f cti,,n twftn el i.s a kir..1 a," . is yes ti,,;... .......... 1 . 1 LANDLORD'S CONSENT (Continued) Page 2 4 BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S CONSENT, AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED 3 / 6 / 9 6 BORROWER: STA—BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA President By: EiRi '`:1 agraki Nancy H. Stathis„,tec etary/Treasurer LANDLORD: ......................................................................................................... X is S:'•:'•i?isisis ::` a`:s'?:'•':3:a:$:::'::::ri::'•:'•:'•:'•:•is?s:::'•3:ti:::::::i ......................................................:...:..:........................................... for the City of McCall Landlord's Signature Gary P Shimun Bruce B. Baxter, Vice President LENDER: West One By: STATE OF64 COUNTY OF (,(_ (, Q LENDER ACKN a• LEDGMENT )SS ;09�veccc:arosd��e On this ( day of marn y ` ./,/`Etefore me -JL,t t(/�%i(Q/%�j� �Q , a notary public ' • n for the State of Idaho, personally appeared' (f °e , known or identified me (or p ed to me on the o. of a �,;., !. 3 , C , authorized agent for the Lender that ecuted th- within and egoing instrument and accnowl• 'jai: "'tr'{ :; to be the free and voluntary act and deed of said Lender, duly authorized .y the ende th ough its board of directorsar o e istrtoothe usgs ana purposes therein mentioned, and on oath stated that he or she is author' �. id r3sttyrrEgnt and that the seal Effi is the coorrpq tee�eal a said Lender. cealff C°..49 7:tZ oar CORPORATE ACKNOWLEDGMENT ry 'ublic for I•aho My commission expires STATE OF mho )SS � acts®®l®ra`®i COUNTY OF J a_ a ay )®,0oa® D A ®6"®° On this day of {�a �� o0tf$s�t ®19� bef6r& me Yid ft �' 1 W I'V �j/ Le , a notary pu•'= and for the State of Ida o, personally appeal y RikA t sfcFresrgent; ee B. Dexterr, icedPresident; and Nancy H. Stathis, reasurer, known or identified to me (or proval to the oath of -ir % ), to be authorized STA—B J If�l dba HARRY'S DRYDOCK BkN P F}�96tAINg, thi corporation that executed the instrument or the persons who o a%of said corporation, at az owledgedy edhat ivch corporation�executed, tthe same. � rf •2 1PUB i at /i c eCtotLPublic for Id ho t� My commission expires �o�' �V(!d °°°°,��°�4Etag ®0000 Oge ®00 LANDLORD ACKNOWLEDGMENT STATE OF )SS COUNTY OF On this day of , in the year 19 , before me , a notary public in and for the State of Idaho, personally appeared for the City of McCall, known or identified to me (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same. Notary Public for Idaho My commission expires Residing at LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.17 (c) 1996 CFI ProServices, Inc. All rights reserved. [I D—E45 STA3.LN G37.OVL] 1 ATTACHMENT "A" Borrower: STA-BAX, INC. dba HARRY'S DRY DOCK AND SPORTS MARINA P.O. Box 1063 McCall, ID 83638 Lender: West One Bank, Idaho McCall 905 North Second Street P.O. Box 903 McCall, ID 83638 This ATTACHMENT "A" is attached to and by this reference is made a part of each Landlord Consent, dated , and executed In connection with a loan or other financial accommodations between West One Bank, Idaho and STA-BAX, INC. dba HARRY'S DRY DOCK AND SPORTS MARINA. f.!01.tilN4gM5. ..-,..ne,',W.J...r,,.... ....„ ., A'parce1,OUiend'inVailey County, Idishe; more particularly described as the land between the West boundary of Lake Shore Boulevard, and the high water mark Big Payetta.L4ie between the.extension of the North boundary line of Lot 10,of Block 4;-McCall'Ilirst Addition to the Village of McCall, Idaho, ae extended weaterly. to the high'"water.mark of:Big Payette Lake, and the South boundary line of Lot 1 of ,said BloOk 4, extended westerly to the West boundary line of said Big Payette ;alio,: ,. THIS ATTACHMENT "A" IS EXECUTED ON 3 hh.