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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�.._ CITY OF r. FALL, a m corpora£3 i _ �' . I o! 9 O .O • A4lgb N no •/Vk S3 WV .l.S a)t .:LSb3 . N31UM H9tN t'1 poll ibLZ co SN/.LS1Y3, st) U� If -f-- * 667 -s C i —,11 Q i • .so- C C .11 /21 -• • = • .. C C -,LF E� =.. Boa BA-1 :s�J►'DV 0)1.' 1 oe 14319 W • 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 //-/.7- 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