HomeMy Public PortalAbout1977.11.07 Sports Marina Ammendment to LeaseAMENDMENT TO LEASE
FOR VALUABLE CONSIDERATION, the receipt for which is hereby
acknowledged, the undersigned, CITY OF MCCALL, a municipal
corporation; Lessor, and SFORTSAIARINA, INC., an,Idaho corpora-
tion,-Learsee,-herebynamend=that certain Lease Agreement dated
April- 7, 1969, .: between the. City ; of McCa11...as...Le.ssor, and' A. R.
Rrigbaum and James W. Hardy, dba Sports Marina, as co -partnership,
as Lessees, which Lease agreement -was assigned by the Lessees to
Sports Marina, Inc., an Idaho corporation, with the consent df
Lessor, as follows:
1. That the legal description of the real property
covered by said lease of April 7, 1969, shall be and the same
is hereby amended to read as follows:
land between
The/West boundary of Lake Shore Boulevard, and the high water
:nark 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 extendedwesterly 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.
2. Any dock changes must first be approved by Lessor, and
no permanent structures shall be placed on the land north of
the North boundary line of Lot 5, Block 4, McCall First Addition
to the `,Tillage of McCall.
EXCEPT as herein otherwise contained, the original Lease
Agreement of April 7, 1969 shall remain in full force and effect.
DATED This
`1 day of November, 1977.
ATTEST:
7/ Gad
Citly C rk
ATTEST:
CITY OF McCALL, Al
corpo on..
Byi
LESSOR
SPORTS MARINA, INC., an Idaho
corporation..
By:
S'acrnta:-'t'
�- LESS"^
ASSIGNMENT OF LEASE
WE, the undersigned, A. R. KRIGBAOWand JAMES W. HARDY,
doing business as Sports Marina, a co -partnership, for valuable
consideration, the receipt for which is hereby acknowledged, by
these presents do hereby sell, assign, set -over and transfer to
SPORTS MARINA, INC., an Idaho corporation, all our right, title
and interest in and to that certain Lease Agreement dated
April 7, 1969, by and between the City of McCall, a municipal
corporation as Lessor, and ourselves as Lessees, by the terms
of which the undersigned agreed to lease from Lessor, certain
real property described in said lease.
DATED This (�� day of c z� , 19 "7 .
ACCEPTED:
i� . R. Kriaba m
111w
Jars !A. Hardy
SPORTS MARINA, INC., an Idaho
corporation.
BY: =vv it_)• /LAI
Attest: a� T . %f��,�./�
4
P sident
Secretary
The undersigned, hereby consents to the foregoing Assignment
of Lease.
DA1rD: a�.._
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GRANT L. AMBROSE (1915-1968)
IOHN O. FITZGERALD
WAYNE G. CROOKSTON, IR.
James W. Hardy
Sports Marina, Inc.
P. 0. Box 869
McCall, Idaho 83638
Dear Jim:
AMBROSE, FITZGERALD Ei CROOKSTON
ATTORNEYS AND COUNSELORS
929 EAST FIRST- P. O. BOX 427
MERIDIAN, IDAHO 83642
November 10, 1977
TELEPHONE 888-4461
AREA CODE 208
Please find enclosed an Assignment of Lease from you
and Corky to Sports Marina, Inc., by the terms of which
the partnership assigns the lease to the Corporation.
This should be signed as indicated, and must also be signed
by the City because the base lease provides that any assign-
ment•must be consented to by the City.
I further enclose the Amendment to Lease which also
should be signed by the proper persons, as indicated, and
notarized. I have reworked the legal description and
believe it is now easier to understand.
I further enclose the copy of the Lease which you
sent me.
JOF/kam
Enclosures
N.
i 1 •
r
Very truly yours,
(2;-4,/
JOHN O. FITZGERALD
ASSIGNMENT
THIS AGREEMENT, made and entered into this ,,.2aZ day of
-L%C,561.,
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:."
1978, by and between SPORTS MARINA, INC., an Idaho
WITNESSETH
Whereas, by agreement dated April, 1969, between CITY
OF McCALL, a muniCipal 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 ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknow-
ledged by the Assignors, the Assignors so hereby assign, transfer,
NOTICE, OF APPLICATION
Pursuant to Section 58-142 et seq., Idaho Code (The Lake Protection
Act) and rules of the State Board of Land Commissioners, notice is hereby
given that
SPORTS MARINA, INC.
of Box 869, McCall, ID
has made
application to construct or install mx mooring floats and a building
addition in Payette Lake
Lots 1-5, Block 4, First
-adjacent .to Addition to Mr.Call-, Section - _ g , Township �g North ,
Range 3 Bast B.M. in Valley County.
Written objections to or requests for hearing in this matter must be
on file with the Director, Department of Lands, Statehouse, Boise, ID 83720
within, thirty (30) days after the first appearance of this notice. Specific
information regarding this application may be obtained from the Director,
Department of Lands.
G. C. TROMBLEY
Director
Department of Lands
DL - 1750A (74)
STATE JF IDAHO
DEPARTMENT OF LANDS
STATEHOUSE, BOISE, IDAHO 83720
GORDON C. TROMBLEY
DIRECTOR
12 July 1977
TO: Reviewing Agencies
FROM: Department of Lands
SUBJECT: L-65-S-372
Sports Marina, Inc.
STATE BOARD OF LAND COMMISSIONERS
JOHN V. EVANS
GOVERNOR AND PRESIDENT
PETE T. CENARRUSA
SECRETARY OF STATE
WAYNE L. KIDWELL
ATTORNEY GENERAL
JOE R. WILLIAMS
STATE AUDITOR
ROY TRUBY
SUPT OF PUBLIC INSTRUCTION
Attached is an application for an encroachment permit to construct and
install mooring floats and a building addition to an existing structure
covered under State of Idaho Permit No. PA-3.
The installation will be adjacent to Lots 1-5, Block 4, First Addition to
McCall, Section 9, Township 18 North, Range 3 East, B.M., in Payette Lake.
Please review this application and submit your comments and/or recommendations
to us no later than 12 August 1977. Thank you.
WAS:ph
Attachments
CC:
Department of
Department of
Valley County
Payette Lakes
.09 OF ilA(2,4
Very truly yours,
DIVISION OF EARTH RESOURCES
WILLIAM A. SCRIBNER, Chief
Bureau of Navigable Waters
Fish'& Game
Health & Welfare
Planning & Zoning
Area
EQUAL OPPORTUNITY EMPLOYER
GRANT L. AMBROSE (1915-1968)
JOHN O. FITZGERALD
WAYNE G. CROOKSTON, IR.
James W. Hardy
Sports Marina, Inc.
P. 0. Box 869
McCall, Idaho 83638
Dear Jim:
AMBROSE, FITZGERALD G CROOKSTON
ATTORNEYS AND COUNSELORS
929 EAST FIRST- P. O. BOX 427
MERIDIAN, IDAHO 83642
November 10, 1977
TELEPHONE 888-4461
AREA CODE 208
Please find enclosed an Assignment of Lease from you
and Corky to Sports Marina, Inc., by the terms of which
the partnership assigns the lease to the Corporation.
This should be signed as indicated, and must also be signed
by the City because the base lease provides that any assign-
ment must be consented to by the City.
I further enclose the Amendment to Lease which also
should be signed by the proper persons, as indicated, and
notarized. I have reworked the legal description and
believe it is now easier to understand.
I further enclose the copy of the Lease which you
sent me.
Very truly yours,
(2;4/
JOHN O. FITZGERALD
JOF/kam
Enclosures
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c/ '7-e%vli-'`/GG,r/"tee ,de CC to '%f'- 7 F c
a,,.,-L tC..+,,'t �Ij,.,,,,,,, �;;'' �Il,ed.,i..- _.. - ,
j6 l6!- c r l":'IL-1Yt ,E�-
Identificati',t-^,.o.—-�
Area
STATE; OF IDAHO
DEPARTMENT OF LANDS
APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT
ON A NAVIGABLE LAKE OR NAVIGABLE STREAM
Pursuant to Adopted Rules
And Applicable Statutes
(TYPE OR PRINT IN INK)
• Name of applicant S ° PT% �_ _L9
Post office address rp. O. 1a o x g6�
Telephone number 6 3 y_ 5 G O
2. Name of lake or stream: � .• _ ! ! cciij y'_/Q /,
tributary to
Elevation of High Water Mark Low Water Mark
Property description _4 0
.in (1/16 or Lot No.) of Section Township
Range , B.M. in
County.,
5. Type of structure proposed (Please check):
-.,
Breakwater )( Dock
Filing Boathouse
c
Excavation ,4Q,f9`
'-�� er (Please specify)
6. Length of encroachment waterward from High Wester Mark
7. Width of encroachment at high water mark
.8. Water depth at maximum length atligh wat
Signature of applicant
9. STATEMENTS OF ADJACENT PROPERLY OWNERS
, at maximum length
Bulkhead
Fill
Date_J. //r 7 2
I, CITY OF MCCALL am the owner of riparian or littoral property adjacent
to the property listed in this application. I am familiar with the scope and location of
the proposed encroachment as evidenced by accompanying plans whic lave initialed and I
offer no objection to the encroachment. -,
F,VANS MAYOR
t.L.11./ 77
Date
BOX 1065
MCCALL, IDAHO
am c:he owner of riparian or .littoral. property adjacent
to the nronertv Iistoa in tltic