HomeMy Public PortalAbout1969.04.07 Sports Marina Assignment of LeaseASSIGNMENT OF LEASE
WHEREAS, on or about the 7th of April . 1969, A.R. Krigbaum and James W.
Hardy, doing business as Sports Marina, a co -partnership, therein referred to as "Lessee",
did enter into an agreement for the lease of real estate with The City of McCall, Idaho, a
municipal corporation, therein referred to as "Lessor", by which the Lessor and the Lessee
agreed to lease, all that certain real property situate and lying in the County of Valley,
State of Idaho, more particularly described as follows, to -wit:
The land between the West boundary of Lake Shore Boulevard,
and the high water mark of Big Payette Lake between the
extension of the North boundary line of Lot 10, 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
* * * It is acknowledged that the boat loading ramps have been
provided by the State of Idaho for use by the general public
and are not a part of the above lease.
WHEREAS, the said A.R. Krigbaum and James W. Hardy, co-partners, assigned
all their right, title and interest in and to said lease to Sports Marina, Inc., an Idaho
Corporation; and
WHEREAS, Sports Marina, Inc., an Idaho Corporation, now desires to sell,
assign, convey and transfer all of its right, title and interest in and to said lease and the
real property and improvements therein described;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
Sports Marina, Inc., an Idaho Corporation, for value received, does hereby assign, transfer
and set over unto Sta-Bax, Inc., an Idaho Corporation, all of its right, title and interest in
and to the hereinabove described lease, subject to all the terms and conditions thereof,
and do hereby assign unto the said Sta-Bax, Inc., an Idaho Corporation, all of its right,
title and interest in and to the lease of property therein described.
ASSIGNMENT OF LEASE -1
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Sta-
Bax, Inc., does hereby accept the assignment above referred to and the lease therein
contained to be kept and to be performed by the Lessee therein, and to hold said, Sports
Marina, Inc., an Idaho Corporation, harmless from the performance of said conditions
and agreements. That any and all Notices concerning said lease shall be deemed
delivered upon deposit of the same in the United States mails addressed to said Sta-Bax,
Inc. at P.O. Box /06-3, McCa11, Idaho 83638.
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DATED This , day of March, 1996.
ASSIGNOR:
Sports Marina Inc.
an Idaho Corporation
By: �:�,H,,.� I�
Pr ident
ATTEST:
&tZ. *7-Zee'
Secretary %
ASSIGNEE:
Sta-Bax, Inc., an Idaho Corporation
By: I/
Aia
azu-: `-10-}iAd 4feu,
ASSIGNMENT OF LEASE - 2
State of Idaho )
:ss
County of Idaho )
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On this lo day of March, 1996, before me, the undersigned, a Notary Public in
and for said state, personally appeared James W. Hardy and Patricia F. Hardy, known to
me to be the President and Secretary, respectively, of Sports Marina, Inc., an Idaho
Corporation and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
State of Idaho, )
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County of Valley. )
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Commissioa Expires: 6.6.99
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tiPn Expires: 6 /6 /97
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On this (to day of March, 1996, before me, t e undersigned, a Notary Public
in and for said state, personally appeared �r( ill. S s and
vans I1.5 1 S known to me to be he President and Secretary, respectively,
of Sta ax, Inc. an Idaho corporation, and acknowledgd to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first abov
ASSIGNMENT OF LEASE - 3
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o tary Pu is for I
Residing at
My Commission Expires:��®8(�
CONSENT TO ASSIGN
Pursuant to that lease entered into on the 6th day of March, 1996, by and between The
City of McCall, Idaho, a municipal corporation, therein referred to as "Lessor", and A.R.
Krigbaum and James W. Hardy, a co -partnership, therein referred to as "Lessees", the undersigned
hereby consents to the assignment and assumption of said lease and improvements therein
described, to:
Sta-Bax, Inc.
an Idaho Corporation
P.O. Box
McCall, Idaho 83638
Dated this 6th day of March, 1996.
The City of McCall, Idaho
a Municipal Corporation
By:
City Manager
ATTEST:
City Clerk
ASSIGNMENT OF LEASE - 4
CITY COUNCIL
AGENDA BILL
Number AB 01-107
Date August 9, 2001
City Of McCall
216 East Park Street
McCall, ID 83638
ITEM INFORMATION
SUBJECT:
Assignment of Lease —Sports
Marina
Original Agenda Date & Bill No.
Department/Committee/Individual
Initials
Remarks
A
Mayor / Council
p
City Manager
/6
Originator
p
Finance Director/City Clerk
R
Deputy City Clerk
O
Community Development
V
Police Chief
A
Public Works
L
Director of Golf & Parks Operations
COST IMPACT:
S
Recreation Director
FUNDING SOURCE:
Airport Manager
Librarian
TIMELINE:
City Attorney
Other
SUMMARY STATEMENT: In 1996, the City Council extended the lease period for the
Sports Marina (Harry's Dry Dock) to the year 2004. At approximately the same time,
Harry Stathis purchased the business. The lease with the City has a clause that states
the Council must approve any assignment of the lease, and cannot unreasonably
withhold such approval. From reviewing the minutes from that period, it is clear that the
City Council was aware of the transfer of the lease, but Council did not formally approve
the assignment of the lease. Because there isn't any specific action in the minutes and
the assignment does not have the Mayor's signature, we must rectify this situation by
having the current City Council approve the assignment and authorize the Mayor to sign.
Mr. Stathis has paid the lease current as of April 2001. Also of note is the requirement
for the lease holder to abide by the parking agreement that is also attached. Here
again, the Mayor did not sign the agreement, although the minutes reflect that the
Council did take action to approve the parking agreement. Attached is a copy of the
assignment and the parking agreement, we have the originals on file. Staff will issue a
letter to Mr. Stathis with a copy of the parking agreement notifying him that his lease
assignment has been formally approved and that he is required to comply with the
provisions of the parking agreement. The City Police Department also has some
requirements under the agreement that they will abide by.
RECOMMENDED ACTION: Approve the assignment of the Sports Marina Lease
and authorize the Mayor to sign the parking agreement and lease assignment.
RECORD OF COUNCIL ACTION
Meeting Date
Action
22 Jam 9,6 OL's-2
POLARIS REGAL
. Sports Marina
On Beautiful Payette Lake
January 17, 1996
McCall City Council
City Hall
McCall, Idaho 83638
Dear Council Members:
RE: Lease Agreement - Sports Marina, Inc.
In order for Sports Marina Inc. to qualify for SBA Loan
Funding, our lease term needs to be extended to co -inside with our
State Lands Lease.
It is agreed that the rental for the extended lease term shall
be the sum of $100.00 per year, payable on April 7th beginning with
the year 2004. All other terms and conditions of the original
lease and ,its amendments to remain the same.
Time is of the essence; and notification of the Councils
response on or before January 26, 1996 would be greatly
appreciated.
d
) a(6-16,4
Sincerely,
j-itutA4JA/ 4e1-444
James W. Hardy,
President
Sports Marina, Inc.
RECEIVED
r, N 1 7 1995
P.I ZALL
Post Office Box 869 • McCall, Idaho 83638 • 208-634-8361 • Fax 208-634-3272
City ofMcCall
OFFICE OF THE CLERK
BOX 1065
MGCALL. IDAHO 83638
March 14, 1994
James W. Hardy, President
The Sports Marina, Inc.
P.O. Box 869
McCall, ID 83638
Dear Jim,
On March 10, 1994, the McCall City Council reviewed your request
to extend the lease for the Sports Marina for an additional ten
year period. Inasmuch as your notice is all that was required,
the Council took no action, therefore approving the extension.
The lease will terminate following this renewal on April 7, 2004.
Thank you for your attention to this matter.
Sincerely,
Arthur J. Schmidt,
Interim City Manager
11 c• L;
300 LENORA STREET
P.O. BOX 1300A
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ASSIGNMENT OF LEASE PAGE 1
WHEREAS, on or about the 7th day of April, 1969,
Sports Marina+ Inc., an Idaho corporation, therein referred to
as "Lessee', did enter into an agreement for the lease of real
estate with The City of McCall, a Municipal Corporation „
therein referred to as "Lessor", by which the Lessor and the
Lessee agreed to lease, all that certain real property situate
and lying in the County of Valley, State of Idaho, more
particularly described as follows, to -wits
The land between the West boundary of Lake Shore
Boulevard, and the high water mark of Big Payette
Lake between the extension of the North boundary line
of Lot 10, 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,
together with the improvements thereon; and
WHEREAS, Sports Marina, Inc., an Idaho Corporation+
now desires to sell, assign, convey and transfer all of its
right, title and interest in and to said lease and the real
property and improvements therein described;
NOW+ THEREFORE, KNOW ALL MEN BY THESE PRESENTS+ that ,
the undersigned, Sports Marina, Inc., an Idaho Corporation,
for value received, does hereby assign, transfer and set over
unto Dean Weidner, all of its right, title and interest in and
to the hereinabove described lease, subject to all the terms
and conditions thereof, and does hereby assign unto the said
Dean Weidner, all of our right, title and interest in and to
the lease of property therein described.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
Dean Weidner, does hereby accept the assignment above referred
to and the lease therein and does agree to perform the
covenants and conditions therein contained to be kept and to
be performed by the Lessee therein, and to hold said, Sports
Marina, Inc., harmless from the performance of said conditions
and agreements. That any and all Notices concerning said
lease shall be deemed delivered upon deposit of the same in
the United States mails addressed to me at 4467 Forest Avenue,
Mercer Island+ Washingnton 98040.
Dated this 15th day of July, 1964.
UDELL . .J ELAM
ATTORNEYS AND COUNSELORS AT LAW
300 LENORA STREET
McCALL, IDAHO 83638
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P.O. BOX
PHONE (208) 634-2108 or (208) 634-2100
ASSIGNMENT OF LEASE PAGE 2
Assignor: Assignee:
Sports Marina, Inc.
James W. Hardy
President
Attest:
/
Patricia F. Hardy
Secretary
E
Dean Weidner
State of Washington, )
(ss.
County of King. )
On this / day of 4479134, before me, the
undersigned, a Notary Public in and for said state, personally
appeared Dean Weidner+ known to me to me the person whose name
is subscribed to the within and foregoing instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
State of Idaho,
County of Valley.
(SS.
)
Ndtar� Public
Residing at:
On this 22- day of 1984, before me, the
undersigned, a Notary Publaic in and for said State,
personally, appeared James W. Hardy and Patricia F. Hardy,
known to me to be the President and Secretary, respectively,
of the Corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
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PHONE (208) 634-2108 or (208) 634.2100
ASSIGNMENT OF LEASE PAGE 3
affixed my official Seal the day andin this certificate
first above written.
Notary Pu4Yi is for Idaho
Residing at McCall' Idaho.
CONSENT TO ASSIGN
Pursuant to that lease entered into on the 7th day of
April, 1969, by and between the City of McCall, a Municipal
Corporation, therein referred to as 'Lessor', and Sports
Marina. Inc., an Idaho corporation, therein referred to as
'Lessee', the undersigned hereby consents to the reassignment
and assumption of said lease and improvements therein
described. to'
Dean Weidner
4467 Forest Avenue
Mercer Island, Washington 98040
_ i9�
Dated this /4/ day of i3 '9+ 1�e"�•
The City of McCall, a
Municipal Corpor�at�ioon
044
By: Cl de L. Archer, Jr.
Mayor
Att
aren Beckler
City Clerk
State of Idaho, )
( ss.
County of Valley. )
� /PA, —
On this /X2-24-- day of 4kr1Hpi 1464, before me. the
undersigned, a Notary Public in and for said .state, personally
appeared Clyde L. Archer, Jr. and Caren Beckler. known to me
to be, respectively, the Mayor and City Clerk of the City of
McCall, whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same for and on
behalf of the City of McCall, Valley County, Idaho.
IN WITNESS WHEREOF, I have hereunto set my hand and
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300 LENORA STREET
McCALL, IDAHO 83638
P.O. BOX 1300A
PHONE (208) 634-2108 or (208) 634-2100
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ASSIGNMENT 4F LEASE PAGE 4
affixed my official seal the day and year first above
written.
4
ur
'`,,,, a u, , , ,,
Notary Public for Idaho
Residing at McCall, Idaho
ASSIGNMENT
THIS AGREEMENT, made and entered into this ,t,2 day of
/Li,•�y�„ --, 1979, by and between SPORTS MARINA, INC., an Idaho
Corporation, of McCall, Idaho, parties of the first part,
hereinafter called the "Assignors," and Inter -Mountain State
Bank, a banking corporation, party of the second part, hereinafter
called "Assignee."
WITNESSETH
Whereas, by agreement dated April, 1969, between CITY
OF McCALL, a muniapal corporation as LESSORS and SPORTS MARINA,
INC, as LESSEE, said LESSORS thereby agreed to lease to
LESSEE and the LESSEE thereby agreed to lease from LESSORS
that certain real property and all improvements and appurtenances
pertaining thereto, situated in Valley County, State of. Idaho,
and more particularly described as follows:
The West boundary of Lake Shore 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.
Whereas, the above named Assignors have agreed to assign
and transfer all ITS right, title, and interest in and to said
agreement hereinabove described to Assignee herein for security
purposes.
Now, therefore, witnesseth this agreement, for and in
consideration sum of Ten Dollars (S10.00) and other good and
valuable consideration, the receipt whereof is hereby acknow-
ledged by the Assignors, the Assignors so hereby assign, transfer,
and set over unto the said Assignee all their rights, title and
interest in and to said lease hereinabove described, to hold
said property, and the whole thereof, unto the said Assignee
subject to all the terms, stipulations, and conditions in the
said agreement contained.
IT IS FURTHER UNDERSTOOD AND AGREED by and between the
parties hereto that this Lease Assignment is to secure certain
Note(s) held by Inter -Mountain State Bank.
ASSIGNEE ASSIGNORS
INTER -MOUNTAIN STATE BANK SPORTS MARINA, INC.
• (;
By c, t ' L- ..
President
By ; G'.���-C6�J �• Ii�4 .71
Secretary
CONSENT TO ASSIGNMENT
The City of McCall, by and through its Mayor, hereby consents
to the foregoing assignment for security of the leasehold interest
of,Sports Marina, Inc., subject to the provision that in the
event of default and possession of the leasehold by the Inter -
Mountain State Bank, the bank would subsequently transfer to a
party or parties acceptable to the City of McCall, Idaho.
DATED this ,Z,Z day of 1!!�• 1978.
CITY OF McCALL, a
Municipal Corpor757
By,/ 5 ,
,,Bil Evans, Mayor
Attest:
STATE OF IDAHO
)ss.
County of Valley )
On this 23rd day of August, 1978, before me, a Notary Public
in and for said State, personally appeared SOLLIE CALLENDER, known
to me to be the president of the corporation that executed the
instrument or the person who executed the instrument on behalf of
said corporation, and acknowledged to me that such corporation
executed the same.
- 2 -
IN WITNESS WHEREOF, I have hereunto set my hand and notary
seal the day and year first written in this Certificate.
Notary Public for Idaho
Residing at: /1` co(1
STATE OF IDAHO j
ss.
County of Valley )
On this 22nd day of August, 1973, before me, a Notary Public
in and for said State, personally appeared JAMES W. HARDY and
PATRICIA F. HARDY, known to me to be the persons whose names are
subscribed to the within and foregoing instrument and acknowledged
to me that they executed same.
IN WITNESS WHEREOF, I have hereunto -set my hand and notary seal
the day and year first above written in this certificate.
j
Notary ublic for Idaho
Residing at McCall
STATE OF IDAHO ) ,
)ss.
County of Valley )
On this 22nd day of August, 1978, before me, a Notary Public
in and for said State, Personally appeared BILL EVANS and MARGARET
E. FOGG, known to me to be the Mayor and City Clerk respectively of
the City of McCall, that executed the said instrument, and acknowledc
to me that such City of McCall executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first written in this certificate.
•
Notary Public for Idaho
Residing at McCall
- 3 -
AMOMM[ •
MWA BALD
AMMAR, AND
COYNIILODI
IL CAST IINIT
MINmNAN. IDAND
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Unmans ••11•14•1
LEASE AGREEMENT
THIS AGREEMENT OF LEASE, Made and entered into this P'4
day of April, 1969, by and between the CITY OF McCALL, a municipa]
corporation, hereinafter called Lessor, and A. R. KRIGBAUM and
JAMES W. HARDY, doing business as SPORTS MARINA, a co -partnership,
hereinafter called Lessees, W I T N E S S E T H:-
For and in consideration of the covenants and conditions
hereinafter contained, the Lessor agrees to let and lease unto
the Lessees, the following described real property, to -wit:
The West boundary of Lake Shore Boulevard,/ being the high water
mark of Big Payette Lake between the extension of the North bound
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
extended westerly to the West boundary line of said Big Payette L
on the following terms and conditions:
TERM: The term of this lease shall be for a period of
twenty-five (25) years, beginning on April 7, 1969, and terminate
twenty-five years hence unless extended or previously terminated
as hereinafter provided.
RENTAL: It is agreed that the rental for the leased propert
shall be the sum of $1.00 per year, payable $1.00 on April 7, 19E
and $1.00 on April 7th of each year thereafter for the term of
this lease.
USE OF PREMISES: It is understood and agreed that Lessees
are to use the premises for a boatmarina, : supplysales and ()the]
sporting goods, but not specifically limited to these items alon4
and shall be allowed to carry on business operations related to.
their general operation. It is understood that the Lessees beret
shall use the premise$ in compliance with all Federal, State and
" . n . s n w - u " " " " " "
A M B R O S E "
F I T Z G E R A L D
A T T O R N E T E A N D
C O D N E E I O R E
/ E E G E T / I M T
M E R I D I A N . W A N D
T E L E P H O N E E 0 E - 4 4 4 1
m u n i c i p a l l a w s . T h a t t h e L e s s e e s p l a n t o c o n s t r u c t a b u i l d i n g
d o c k s o n t h e l e a s e d p r e m i s e s a n d t h a t t h e y s h a l l h a v e t h e r i g h t
m a k e s u c h a l t e r a t i o n s a n d c h a n g e s a s t h e y d e e m n e c e s s a r y p r o v i d :
s a i d c h a n g e s o r a l t e r a t i o n s d o n o t c o n f l i c t w i t h a n y e x i s t i n g
F e d e r a l , S t a t e o r m u n i c i p a l o r d i n a n c e s .
C O N S T R U C T I O N : I t i s u n d e r s t o o d t h a t t h e l e s s e e s c o n t e m p l a
c o n s t r u c t i n g a b u i l d i n g o n t h e a b o v e m e n t i o n e d r e a l p r o p e r t y .
i s s p e c i f i c a l l y a g r e e d t h a t t h e c o n s t r u c t i o n s h a l l t a k e p l a c e u
a n d b e l i m i t e d t o t h e p r o p e r t y d e s c r i b e d i n t h e l e g a l a b o v e a n d
t h a t t h e l e s s e e s s h a l l i n n o w a y e n c r o a c h u p o n , u s e o r i n h a b i t
r i g h t - o f - w a y w h i c h i s " d e d i c a t e d t o t h e C i t y o f M c C a l l a n d d e s i g
a s L a k e S h o r e B o u l e v a r d .
U T I L I T I E S , L I C E N S E S A N D P E R S O N A L P R O P E R T Y T A X E S : L e s s e e s
t o p a y a l l u t i l i t i e s , h e a t , e l e c t r i c i t y , l i c e n s e s a n d p e r s o n a l
p r o p e r t y t a x e s .
S I G N S : L e s s e e s s h a l l h a v e t h e r i g h t t o p l a c e a d v e r t i s i n g
o n t h e b u i l d i n g s a n d p r e m i s e s .
I N S P E C T I O N : L e s s o r s h a l l h a v e t h e r i g h t t o e n t e r u p o n s a i
p r e m i s e s a t r e a s o n a b l e t i m e s a n d a t r e a s o n a b l e i n t e r v a l s f o r t h
p u r p o s e o f i n s p e c t i n g t h e s a m e .
L I A B I L I T Y O F L E S S O R S : L e s s e e s s h a l l i n s u r e t h e i r b e l o n g i r
a n d p r o p e r t y a g a i n s t f i r e i n c a s e t h e y d e s i r e s u c h p r o t e c t i o n a
s h a l l p a y t h e p r e m i u m s t h e r e f o r . L e s s e e s a g r e e t o s a v e l e s s o r
h a r m l e s s f r o m a n y l i a b i l i t y o f a n y n a t u r e w h a t e v e r b y r e a s o n o f
p e r s o n a l i n j u r y t o a n y p e r s o n o r p e r s o n s o n t h e l e a s e d p r e m i s e :
b y r e a s o n o f i n j u r y t o a n y p r o p e r t y l o c a t e d o n s a i d p r o p e r t y c e
b y l e s s e e s ' n e g l i g e n c e . L e s s e e s a g r e e t o c a g y p u b l i c l i a b i l i t ]
i n s u r a n c e a n d w o r k m e n ' s c o m p e n s a t i o n i n s u r a n c e f o r t h i s p u r p o s e
_y
AMOMMIC a
FITL6muLD
ATP:40MT' AND
COYNIMLOIM
Iu CAST FIRST
N CRIOIAN. IDANO
•3D4m
T[L[111ome mmO-44111
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ABANDONMENT: In case the lessees shall abandon or vacate s
premises, the lessor may, at its option and without notice to th
lessees, relet the same at such rental and upon such terms as it
may see fit.
DEFAULT: If the lessees shall fail to keep and perform any
other covenants herein contained other than the payment of rent,
lessor shall first give lessees notice in writing by mail callir
attention to the default complained of, and if lessees refuse ox
fail to remedy or disprove the default claimed within ninety (9(
days from the mailing of said notice, lessor may take possessiox
said premises and remove all persons and effects therefrom. In
event lessees do not pay the rental or any part thereof by the I
hereinbefore set forth, they shall be in default of the terms hE
and a notice shall be given as provided in this,paragraph, and :
the event lessees fail to pay said rental within thirty (30) da;
from the mailing of such notice, lessor may take possession of
premises and remove all persons and effects therefrom, provided
nothing that is contained herein shall be construed as an elect:
of any remedy which lessor may have, or any breach of the terms
hereof.
TIME: Time is of the essence of this agreement.
LEASE BINDING ON HEIRS, ETC.: All of the covenants and ag
ments herein contained shall extend to and bind the heirs,
devisees, executors, administratorq successors and assigns of b
the parties hereto.
TERMINATION: Lessees agree that upm the termination of th
lease they will remove all of their belongings from the premise
immediately, and will deliver possession of the premises to the
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ATTOtlST1 AND
COO,S1lOR1
1a1 CAST FIRST
M1111D1AN. ROANO
413042
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Lessor in as good condition as the lessees received the same,
depreciation from the reasonable use and occupancy excepted.
COMPLIANCE WITH LAW: Lessees agree to observe and comply
all rules, regulations and laws now in effect or which may be
enacted during the Continuance of this lease by any municipal,
county, state or federal authorities having jurisdiction over 5,
premises, including building, fire regulations and ordinances.
ASSIGNING AND SUBLETTING: Lessees may assign this lease o�
sublet the premises in whole or in part provided they first obti
the written consent of Lessor to do so.
PROPERTY STATUS: It is understood that under the terms of
this lease the Lessor makes no warranty as to the condition of 1
title of this property nor to
the aforementioned property.
as is. In the event that any
the Lessor's specific right to lez
Lessees agree to take the propert)
third party or parties, make clain
to the property, Lessee agrees to defend.against such claim, bei
responsible for all costs of such defense and will not look to
the Lessor in any manner whatsoever. Further, it is specificall
understood that the Lessor shall in no way be responsible to the
Lessees or any third party for any claims made resulting from th
lease or the conducting of the business upon these premises.
Further, should any third party challenge the Lessor's right to
lease this property, Lessees agree to defend any and all action
pertaining thereto at their expense.
OPTION TO RENEW: In the event Lessees are not in default ui
the terms of this lease, then the Lessor grants to the Lessees al
option to renew the lease for an additional ten (10) year period
at the same rental and under the same terms and conditions herein
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IL LAST nary
Mo11OUM. Hume
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STATE OF IDAHO )
ss.
County of Valley )
On this }j 4 day of , 1969, before me, the under
signed, a Notary Public in and for said State, personally appeare
21A1/1 Xe: and �1i� ,QW;,r , Mayor an
City Clerk of the CITY OF McCALL, a municipal corporation, known
to me to be the persons whose names are nuhscribed to the foregoi
instrument, and acknowledged to me that they executed the same fo
and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first abov
written.
(SEAL) Notary Public for Idaho
Residence: m..j1L4V
, Idaho
STATE OF IDAHO )
: ss.
County of d �Z,, )
On this i X2 day of , 1969, before me, the undi
signed, a Notary Public in and o said State, personally appearel
A. R. KRIGBAUM and JAMESON/. HARDY, dba Sports Marina, a co-
partnership, known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
written.
(SEAL)
444/402-1-44.
Notary Public for Idaho
Residence: _..M.r 4.e./, . , Idaho.
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FIT2011ULD
ArrOEwn'E AND
NZOHnnONM
E44 EAST FIRST
MERIDIAN. IOAHD
13114E
TELEPHONE 111111-4411
set torch. The npticm to renew shall he exercised at Least thin;
(30) days prior to the termination of this lease by written noti;
given to the Lessor by the Lessees, signifying the intention of
the Lessees to renew.
This lease shall be executed in duplicate, one copy for the
Lessor and one copy for the Lessees, the copies being acknowledg
and Lessees agree not to file the same for record so as to encuc
the title, it being understood and agreed that Lessees' possessi
of said premises is sufficient notice of their interest therein.
Lessees further agree to pay all costs and attorney's fees
incurred by Lessor in enforcing the terms of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals, the day and year in this Lease Agreement
first above written.
A
City Clerk
CITY OF McCALL, a municipal
corporation.
BY: Pi
44-tdidi
Mayor
LESSOR
K
m.Lvfl�
Jaa stilt Hardy
Doing Business aSPORTS MARINA,
a co -partnership.
LESSEES
6,14
LEASE AGREEMENT:
THIS AGREEMENT OF LEASE, Made and entered into this
day. of April, 1969, by and between the CITY OF McCALL, municipal
corporation, hereinafter called Lessor, and A. R. KRIGBAUM..and'.
DAMES 1. .HARDY, = doing 'business as SPORTS MARINA, a.' co - partnership,
hereinafter called Lessees, WIT NESSET H:
For and in cons
ideration of the covenants and conditions
er_enafter contained, the Lessor agrees to let and .lease 'unto'
•
the: Lessees, the following described real property, to -wit:
The`West boundary. of Lake. Shore..Boulevard ✓being the 'high water
mark ',of Big Payette. 'Lake between ..the extension of the :North boundar
line_ of Lot 5, -Block 4,- McCall First 'Addition to.. the Vil,iage ,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 Lak
on the .following terms and conditions:
TERM: The Term _01:-th:i.s lease shall be for 'a period of
y e ar-s_-,_ "b_e g inning=on =Ap`r l 7-_-=19 6.9''; and terminate
twenty-five years hence unless .extended or previously: terminated
as: hereinafter .'provided.
.:RENTAL: It is agreed' that the xental *for the leased "propert
shall be the sum "of $1 00_per_=year, :payable $1 00,on A.pril.7, 196
and `$1•April 7th,=o-f- eaii
—Of—each year 'thereafter' for the ter of
IS,. lease;
USE- OF PREMISES-, It is ,. unde'rs°to:od and agreed that Lessees'.
-
s and other.
areto a ..use the :.premisefor.a ,
_
sporting l
goods,_:but riot specifLcaily imi.ed to these items alone;
and;.:'shall',be . al lowed ; to : carry'
their.genera
Business operations relate
a snderstood that -'.the Lessee's hereti
. • , , : .
municipal Laws That the Lessees 1)1.-44 • to construct a building and
. , • . •
docks l'On the leased premises and that they. Shall have the right --t0•1•:
•
make such alterations and changes as they deem necessary ,iiroviding,
said changes or alterations do not conflict with any ,existing
Federal, State or municipal ordinances.
, • . , . ,
•• •CONSTRUCTION It: is•''understbod •'that. the -lesSees -C:onteMplate•:::
constructing a building on the above mentioned real property It
.045 6 ifit ally agreed t t the-. 000$ tt qCtiO0:
and be limited to the property described in the1ga1 above and
- . • •
that
the lessees shall in no way encroach '-'uott; use or inhabit the
right-of-way which is • dedicated to the City of McCall and .designated
as Lake Shore Boulevard.
UTILITIES, LICENSES .AND PERSONAL PROPERTY TAXES: Lessees agree,:
to pay all utilities, heat, electricity, licenses and personal
property taxes.
SIGNS: Lessees shall have the right to place advertising signs
on the buildings and premises.
INSPECTION: Lessor shall have
premises at reasonable times and at
purpose of• inspecting the same.
the • right to enter upon said
reasonable intervals for the
LIABILITY OF LESSORS: Lessees shall insure their belongings
and property against fire in case they desire such protection and •
shall pay the premiums therefor. Lessees agree to save .lessor:
harinIessfrom any liability of any nature whatever by reason of
personal injury to any person or. persons on the leased premises, or
. • . ,„
by reason of injury to any property located on said property CaliSOW',
„
.1•57',`I.se.si negligence. Lessees agree to caty public liability
ABANDONMENT: In case the 1:e-a-se-e-s—aha1-1HAb-andOnor—iiaCate--,:aal-ct
(le-aaee5;Tre1fft—the—raame—at7-4-JaahIrentalTalidtAlpprEianchET:erras7laS=1"it
DEFAULT: It the lessees shall fail to keep and perform any
other .covenants .herein contained other than the paYment:of=rellt;
lessor shall first give lessees notice in -writing by mail. calling_
'attention to the default complained of, and if lessees refuse
fail to remedy or disprove the default claimed within ninety (90)
days from the mailing of said notice, lessor may take possession o
said premises and remove all persons and effects therefrom. In the
event lessees do not pay the rental or any part thereof by •the time
hereinbefore set forth, they shall be in default of the terms hereo
and a notice shall be given as provided in this, paragraph, and in
the event lessees fail to pay said rental within thirty (30) days
from the mailing of such notice, lessor may take possession of said
premises and remove all persons and effects therefrom, provided tha
nothing that is contained herein shall be construed as an election
of any remedy which lessor may have, or any breach .of the terms
hereof..
TIME: Time is of the essence of this agreement.
'LEASE 13INDING ON HEIRS, ETC.: All of the covenants and agree-
ments herein contained shall extend to and bind the heirs,
devisees, executors, administrators successors and assigns of both
the parties hereto.
TERMINATION: Lessees agree that upcn the termination of this
lease they will remove all of their belongings from the premises
Lessor in as good condition as the J.essees received the same;:.
depreciation from the reasonable use and occupancy excepted
COMPLIANCE WITH LAW":. Lessees:agree to;observe and._ comply with_'
'al 'rules, regulations andlaws now in effect or which may be
enacted during, the continuance of this lease by any municipal,
county, . state or federal authorities having jurisdiction over sai
premises, including building fire regulationsand ordinances.
ASSIGNING AND SUBLETTINGes may: assigtrthzs- lease or'
sublet the- prem s_e.s==in wkioii_e=o_r=.xn:=part :pro_v de-d tl ey first pbta n
the >writ teri consent-of-Lessor—to-do—s-o
this
PROPERTY STATUS: It is understood: that under, .the, terms o
lease the Lessor makes no warranty as to the condi.tion of the;
title of this property nor to the Lessors specific right to lease:
the;.aforementioned,property. Lessees agree to take the property'
as is. In the event that any third,party or parties, make claim
to the property, Lessee agrees to defend. against such claim, being'
responsible for all costs of such defense and will notlookto.
the Lessor in any manner whatsoever. Further, it is specifically
understood that the Lessor shall in no way be responsible to the
Lessees or any third party for any claims made resulting from this.
lease or the conducting of the business upon these premises.
Further;, should ,any third party challenge the .Lessor's right to
lease this property, Lessees agree to defend any and all action
pertaining thereto attheir expense.
OPTION TO RENEW: In the event Lessees are
not in default under
.the terms of this lease, then the Lessor grants to the Lessees an:
option to renew the lease for -an additional ten (10) year period
"
v
On this w n day of
1969, before Me, • the under-
signed, a Notary. Public in and f6r said State,. personal lY . appeared `'
Vensil Zes and fl.4//a..: , Mayor and:,'
City p'lerk of the ,CITY OF MCCALL„ a municip orportiti.on, known
to_ the to be the persons whose names- are suhscrihed to the' foregoing
instrument and acknowledged to `:me that they 'executed': the same for='.
and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my -official seal, the day anal year inn this certificate first ;above
written.
STATE OF IDAHO
s
Notary:.Public `':for Idaho
Res idence ?,1��i` . Idaho`
On this 4 dayof
, 1969.E before me; the under,-
signed, a Notary Public in and for said State, personally appeared
A. go KRIGBAUM and JAMESGQ HARDY, dba Sports Marina, a _co-
partnership, known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to me that
they _executed the same.
IN WITNESS WHEREOF, have hereunto set my hand and affixed
my' official seal, the day and year in this certificate first above
written,.
tvOt .Barr.. The optical .to renew:,".sh1.1 he exercise
(30) days prior to the termination of this lease :by
r; feat :thiityr:.
written notice
given .t_o:the Lessor by the Lessees ,..signifying _the intention,.o
the Lessees to renew.
This lease shall be executed in duplicate, one copyfor the.
;e:ssor and one copy for the Lessees ° thecopies being acknowledge
an
0
,essees agree not to file'the same for record so as to encumbe
tle', being understood -and agreed that Lessees' possession
said premises is sufficient -`.notice of .their interest- therein..
Lessees further agree to pay all costs and attorneys fees
incurred by Lessor in enforcing the terms of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their- hands and seals, the day and year in this Lease'. Agreement
first above written.
CITY OF McCALL, a municipal
corporation.
BY: G'27,0.•
ATT�FrST : Mayor
C; tyT Clerk'
LESSOR
i.` R' `Ki'igba;
Ja s • Hardy.
Doing Business a SPORTS MARINA,
a'-.04par.tnershi
LESSEES
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300 LENORA STREET
McCALL, IDAHO 83638
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PHONE (208) 634-2108 or (208) 634-2100
ASSIGNMENT OF LEASE PAGE 1
WHEREAS, on or about the 7th day of April, 1969,
Sports Marina, Inc., an Idaho corporation, therein referred to
as "Lessee", did enter into an agreement for the lease of real
`state with The City of McCall, a Municipal Corporation„
therein referred to as "Lessor", by which the Lessor and the
Lessee agreed to lease, all that certain real property situate
and lying in the County of Valley, State of Idaho, more
particularly described as follows, to -wit
The land between the West boundary of Lake Shore
Boulevard, and the high water mark of Big Payette
Lake between the extension of the North -boundary tine
of Lot 10,. Block 4, McCall First Addition to the
Village of McCall, Idaho, as extended westerly to the
high water marl: 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,
together with the inprovements thereon, and
WHEREAS, Spurts Marina, Inc_., an Idaho Corporation,
now desires to sell, assign, convey and transfer all of its
right, title and interest in and to said lease and the real
property and improvements therein described9
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that ,
the. undersigned, Sports Marina, Inc., an Idaho Corporation'
for value received, does hereby assign, transfer and set over
unto Dean Weidner, all of it}.right, title and interest in and
to the hereinabove described lease, subject to all the terms
and conditions thereof, and does hereby assign unto the said.
Dean Weidner, all of our right, title and interest in and to
the lease of property therein described.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
Dean Weidner, does hereby accept the assignment above referred
to and the lease therein and does agree to perform the
covenants and. conditions therein contained to be kept and to
be performed by the Lessee therein, and to hold said, Sports
Marina, Inc., harmless from the performance of said. conditions
and agreements. That any and all Notices concerning said
lease shall be deemed delivered upon deposit of the same in
the United States mails addressed to me at 4467 Forest Avenue,
Mercer Island, Washin.gnton 96040.
Dated this 15th day of July, 19B4.
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300 LENORA STREET
McCALL, IDAHO 83638
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ASSIGNMENT OF LEASE. PAGE 2
Assignor:
Sports Marinas Inc -
James W. Hardy
President
Attest:
7//
Patricia F. Hardy
Secretary
State of Washington, )
(_.s.
County of King. )
On this C day of
Assignee:
t
Dean Weidner
i454, before mes the
undersigned, a Notary Public: in and for said states personally
appeared Dean Weidner, known to me to me the Person whose name
is subscribed to the within and foregoing instruments and
acknowledged to me that he executed the same.
Ihl WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
State of Idaho,
( SS.
County of Valley.
On this ,�2,� day of 3s 1984s before mes the
undersigned, a Notary Publaic in and for said States
personally, appeared James W. Hardy and Patricia F. Hardy,
known to me to be the President and Secretary, respectively,
of the Corporation that executed the within instruments and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set mg. hand and
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300 LENORA STREET
McCALL, IDAHO 83638
P.O. BOX 1300A
PHONE (208) 634-2108 or (208) 634-2100
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ASSIGNMENT OF LEASE
PAGE 3
affixed my official Seal the day and r in this certificate
first above written.
J
Notary. Pull is==fdr Idaho .
Residing at MC al_1e-Idaho.:
CONSENT TO ASSIGN
Pursuant to that lease entered into on the 7th day of
April, 1969, by and: between the City of McCall, a Municipal
Corporation, therein referred to as "Lessor",- 'and Sports
Marina, Inc., an Idaho corporation, therein referred to as
"Lessee", the undersigned hereby consents to the reassignment
and assumption of said lease and improvements therein
described, to:
Dean Weidner
4467 Forest Avenue
Mercer Island, Washington 98040
144/
/"41 '
�.� Dated this day of , i-4.A4.
-Att
aren Beckler
City Clerk
State of Idaho,
County of Valley.
1
< ss.
The City of McCall, a
Municipal Corporation
By: Cl ode L. Archer, Jr.
Mayor
On this / �‘-- day of 1-9841 before me, the
undersigned, a Notary Public in and for said state, Personally
appeared Clyde L. Archer, Jr. and Caren Beckler, known to me
to be, respectively, the Mayor and City Clerk of. the City of
McCall, whose names are subscribed to the within instrument.,
and acknowledged to me that they executed the same for and on
behalf of the City of McCall, Valley County, Idaho.
IN WITNESS WHEREOF, I have hereunto set my hand and
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ASSIGNMENT OF LEASE PAGE 4
affixed my official seal the day and year first above
written..
�ssaoaaesr:a;�
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Notary Public for Idaho
Residing at McCall, Idaho