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Home My Public Portal AboutP&RAC Minutes 1993 12/13PARKS AND RECREATION ADVISORY COMMITTEE MINUTES DECEMBER 13, 1993 I. ROLL CALL AND CALL TO ORDER Chair Grote called the meeting to order at 7:OOpm. Committee members Killen, Coyle, Martens, and Ware answered the roll call. Chair declared a quorum present. Also attending was Director Baker, Susie Erickson - Ice Rink, Mike Metz - ski bus stop, Dan & Norma Wiberg - Winter Carnival, Charlie Showers - World's Tallest Snowman. II. MINUTES - NOVEMBER 22, 1993. After a brief review Martens moved to accept the November 22, 1993 minutes as written, seconded by Coyle and the motion carried. M. STAFF REPORTS 1. Administrator Administrator was not in attendance and had no report. 2. Director Director informed committee that youth cross country ski sign-ups are being distributed this week, with lessons starting the first day school is back in session, January 3, 1994. IV. NEW BUSINESS 1. Application for park board membership(attachment) Committee acknowledged the receipt of Mrs. Lola Elliot's application and ask Director to place possible new board membership on the January agenda. 2. Ski bus pick up and drop off at Legacy Park — Mike Metz(attachment) Mr. Metz informed committee that he would like to use Legacy Park's parking lot to pick up skiers from 9:20am to 9:30am and then drop off skiers at 5:10pm each day. Committee informed Metz that Legacy Park's parking lot and street parking in down town McCall is limited to two hours. Metz informed committee that in the last few week he has been running the route most of the business is drop off and no cars are left parked. Committee feels this is a wonderful service but is still concerned with the parking downtown and informed Metz he needs to discuss this with McCall Police and include signs on the bus stating that downtown parking is limited to two hours. Committee asked Metz if he will be running during Winter Carnival. Metz informed committee that he would pick-up else where during the carnival. Coyle suggest that the parking lot behind Gravity Sports does not have the two hour parking limit, but does not believe it is plowed. After discussion, Killen moved to recommend council issue a special use permit for Metz to pick-up and drop off skiers at Legacy Park, contingent upon proof McCall Police have been notified and have no complaints about enforcing the two hour parking limit. Coyle seconded and the motion carried. V. OLD BUSINESS 1. Revised Muir lease agreement(attachment) Director handed out the revised lease. Chair with consent of the committee felt the lease should be dealt with by the new council and deferred the lease to their January meeting. 2. Ice Skating at Fairway Park - Dan & Norma Wiberg and Susie Erickson(attachment). Chair informed committee that she had been talking with Mr. Wiberg and feels there has been plenty of misunderstandings all around. Chair did not believe that council had granted permission for this project and that the organizers were supposed to come before the board. Mr. Wiberg informed committee that council had granted permission during the council meeting prior to the November park board meeting and gave Chair a copy of the portion of the council meeting minutes containing the motion. Chair and committee were very upset, and felt if council is going to turn people lose with clearance to use a park and then send them back to the committee, everything the committee has worked for to make the public view the city working smoothly, turns into a labyrinthine, indecisive mess. Committee felt their time and the Wiberg's time is being wasted, and committee should have been involved from the beginning. What was the use of instating a new Parks Reservation Policy if it is ignored by the council. Killen felt the council should come back to the committee and give their plan. Chair felt anger that council gave the green light then turned around and sent it back to the committee making the Wiberg's go through the bureaucracy twice. The Ice Skating in Fairway park should have come before the committee prior to going to council. Killen again stated, "I would like to know what plan council approved on, we never passed on this and I would like to know what they have in mind." Mr. Wiberg asked the committee to let him explain the ice skating issue in McCa11 as he understands it. Mr. Wiberg informed committee that last year he asked Mr. Everett Dick to look into skating on Payette Lake. Everett went around to other people who have been historically involved in the ice skating issue. This group of people got prepared to make a rink, but the lake did not freeze sufficiently for ice skating. At the end of Winter Carnival Wiberg asked Everett if he was still involved in creating a ice rink in McCall and Everett said yes, but we are looking for alternate places since the lake is not reliable. Wiberg informed committee that he then got out of touch with Everett until the fall of 1993. At that point this fall, a adhock committee had formed with Everett acting as chairman and Mr. John Larson(a councilman) presented the ice skating at Fairway Park plan to the council and got approval with out going through the Park Reservation Plan, and that brings us to the misunderstandings and aggravation everyone is feeling. Chair informed committee that since this issue had bypassed the committee, and is already approved she would like the committee to take no action but comment on the proposed and already implemented plan. Martens questioned Winter Carnivals ability to let people reserve the ice rink and felt there may be some need to get into the Park Reservation Policy and charge fees. Wiberg felt reservation was the wrong word and that they are just looking at setting aside certain times for hockey and free skating to increase safety and anyone could participate if they wanted to. Wiberg stated they were not looking at exclusively reserving the rink for specific groups of people. Wiberg also stated that if this type of reservation request came up the requester would be sent to the Park Reservation Policy and the Committee. Chair stated "if it isn't broke don't fix it, the principle concern should be focusing on the effect ice will have on the field condition and the start up date of baseball/softball." Chair introduced Susie Erickson who has been involved in the building of ice rinks in her home town and asked her to give the committee an overview of ice rink building. Erickson explained that in her home town there are eleven rinks built annually and some are on baseball and soccer fields. Erickson explained there are two critical times when turf could become damaged. First, when the base coat is being established and again in the spring during melt off. Martens questioned melt time in the spring and expressed concern over the start date of baseball/softball. Erickson informed committee that the ice actually melts off faster than the snow, but the big burms created from snow removal may need to be knocked down to speed melting. Coyle told committee he had been at Fairway Park today and it looks like the method they are using should work. Erickson agreed that the method is the same as in her home town, using two by sixes and packing them down with snow for the boarders but Everett is using a fire hose and trying to flood to much to fast, it is a slow process, the ice needs to be built up slowly until it is level. In addition, Erickson stated it is best to flood at night or when temperatures are around fifteen degrees Fahrenheit and when temperatures get into the forties people need to stay off the rink. Martens question if concession were to be offered. Wiberg stated that at this time no concessions were planed but some enterprising person may ask if they can. Committee informed Wiberg that any concessionaire will need to come through the committee. Director informed Wiberg that if they are going to have a sound system they will have to obtain a special use permit and would need written statements from all adjacent land owners stating they had been contacted and have no objections. 2. World's Tallest Snowman in Legacy Park - Dan & Norma Wiberg and Charlie Showers. Wiberg handed out a site specific plan for Art Roberts, Legacy, Riverfront, and Fairway Park(attachment). Wiberg informed committee they were no longer looking at placing the World's Tallest Snowman in Legacy Park but would like to attempt building it at the Riverfront Park Site. Committee was relieved and informed Wiberg that they would never have recommended approval for Legacy Park. In addition, committee expressed that they felt the Riverfront site is much better suited. Wiberg showed color prints of the Riverfront site showing where the snowman will be located. Martens informed Wiberg that some of the land may belong to the Forest Service and they should be contacted. Further, Martens suggested that Wiberg talk to Wayne Hersel who is with the Forest Service. Committee discussed how the snowman would be built, safety fences to keep people out of the possible fall zone, insurance, building permits that may need to be obtained to build something one hundred feet high, the magnitude of run off hitting the river, and the destruction of the snowman with dynamite at the end of the carnival. Committee and Wiberg had some question as to whether the committee is to approve the site specific plan or if it has to go back to the council. Wiberg felt council had given committee the power to approve, but the committee did not believe it to be so, and felt it needed to go back to the council for approval. Committee and Wiberg discussed placing a Ferris Wheel or Merry -Go -Around in Art Roberts and Legacy Park. Committee discussed damage to Legacy from last years carnival, the size of the Ferris Wheel and Merry -Go -Around, and alternate locations. After discussion, Coyle moved to recommend council issue a special use permit to the Winter Carnival for the use of Riverfront Park site for the World's Tallest Snowman and Sled Dog Races from December 14, 1993 to January 30, 1994, and also approve use of the top tier of Art Roberts Park for a Merry -Go -Around, and Legacy Park's parking lot for a Ferris Wheel during the Dates of Winter Carnival. Martens seconded and the motion carried. Note: Committee would like to see signage and/or fencing installed at Art Roberts and Legacy Park prohibiting sledding, due to six people being sent to the hospital with sledding injuries during last years Winter Carnival. VI. OTHER BUSINESS 1. Sled ride wagon parked at Rotary Park. Martens informed committee that a commercial sleigh ride wagon was park in Rotary Park's parking lot today, but had been moved this evening to Lardo's parking lot. Marten asked committee to keep an eye out for this type of commercial use of city parks. VIL NEXT MEETING Next Parks and Recreation Advisory Committee meeting set for January 10, 1994 - 7:OOpm in the Council Chamber =4"../.4616 =" aal McCALL <AREA • CHAMBER • OF • COMMERCE A N D VISIT O R' S December 6, 1993 Craig Baker Director of Parks & Recreation City of McCall 216 Park Street McCall, Idaho 83638 Dear Craig: B U R EA U At the Park and Recreation meeting November 22nd the Committee gave permission for the Winter Carnival Committee to bring proceed with a "Volunteer Ice Skating Activity" to be held at Fairway Park. The following is the proposed plan: 1. Location: East Softball Field 2. Size: 85' X 200' 3. Containment System: 2 X 6's, railroad ties, and berms. 4. Water Source: City Water Hydrant 5. Lighting: 3 - Flood Lights Mounted on Backstop and Road Service Light 6. Sound System: To Be Determined 7. Hours of Operation: 9AM to 9PM everyday 8. Start Date: Saturday, December 11, 1993 9. Ending Date: When ice becomes unmentionable 10. Committee: Chairman: Everett Dick - 634-3297 John Larson - 634-2016 Mike McCabe - 634-8263 11. Ice - Set -Up: 12/7 - Flooding by McCall Fire Department 12. Ice : Supervision - John Larson - Maintenance Cleaning Flooding 13. Refreshments: 14. Rink Scheduling: Reservations Open Skating 15. Reservations: 16. Skate Rentals: Daily - Harry Stathis - 634-8605 Daily - Bob Krumm - 634-8712 Unknown Wednesday - 6PM - 9PM Sunday - 9AM - Noon A11 Other Times Ev Dick 634-3297 Mike McCabe 634-8263 Medley Sports 634-2216 Home Town Sports 634-2302 FILM & CONVENTION BUREAU Box D • MCCALL, IDAHO 83638 • 208-634-7631 We believe that this plan will accomplish the objectives of both the Park & Recreation Committee and the City Council to establish ice skating as a recognized winter activity in McCall! If you have any comments, questions, or suggestions please let us know. Otherwise, this plan will go into effect between today and Saturday, December 12th. Thank you in advance for your outstanding support and cooperation! Kindest regards, /e Dan Wiberg Winter Carnival Co -Chair 634-3262 cc: Tomi Grote Everett Dick Winter Carnival Ice Skating Chairman 634-3297 - Chairman - McCall Park & Recreation Committee December 4, 1993 Memo to: T. Grote/C. Baker Subject: Application for position to Parks and Recreation Board From: Lola Elliot/634-7901 I would like to apply for a position on the Parks and Recreation Board. it is my desire to serve in a volunteer capacity for a position in which I have genuine interest, positive attitude, and the patience to work with many different ideas. I have limited knowledge of the existing procedures and policies; however, my -background is experienced in working relationships with many types of people and ideas. This is essential for work on a committee of any sort. I will bring to the board the desire and commitment to work on a Parks and Recreation Raster Plan for the City of McCall. The second desire I seek to promote if given the opportunity to serve is a detailed job description of those who work and organize our programs. Job descriptions give us all directions and goals by which we plan our programs. The growth of McCall is geared to recreation and it is a phenomenon which cannot be stopped. in order to maintain the quality of life we all recognize as desirable we must plan with and for the inevitable growth which an area such as McCall experiences as it becomes promoted and discovered. An organized format for future opportunities of usage and utilization of existing and potential facilities must be developed and followed for an orderly responsible growth pattern. I feel it is everyone's responsibility to devote time and energy to one's community. It can be a small contribution or it can be substantial. In order to experience the best quality of life we must all work together for that purpose. REQUEST FOR CONSIDERATION FOR PARKS AND RECREATION BOARD CONSIDERATION REQUESTED FOR : LOLA ELLIOT EXPERIENCE DATA: 1993 1993 1992 1987 1990- 1989- 1988- 1987- 1992 1991 1990 1989 1989- 1989$ PARENT - ADVISORY BOARD PTA BOARD a PROGRAM CH. LITTLE SKI HILL BOARD AND BRUNDAGE MT. SKI CLUB FIRST SECURITY WINTER GAMES PARENT • ADVISORY BOARD BLUE -GOLD AWARD NIGH CH. SOCCER, COACH CUBS COLLEGE DAY = CARE FOOTLOOSE CHAIRPERSON FOOTLOOSE VOLUNTEER HOTEL MCCALL FUNDRAISER TRIATHLON CH. PONDEROSA RUN ECT. ECT. ECT. ECT. ECT.ECT. MDHS MD ELEM SCH. MCCALL MCCALL MCCALL MDJH MDJH MCCALL CITY REC. MCCALL CHAMBER OF COMMERCE CHAMBER OF COMMERCE LITTLE SKI HILL LITTLE SKI HILL LITTLE SKI HILL December 20, 1993 TO: Park and Recreation Committee FROM: City Administrator RE: Ski bus stop Mike Metz, operator of the Long Valley Bus Co. would like to designate a pick-up point in the downtown area to transport people to and from Brundage Mountain on weekends. I suggested the Legacy Parking lot, the Marina parking lot, Rotary Park and the area behind city hall. The use is primarily one for meeting the bus and dropping off kids. Little all day parking is expected. If you have a preference or feeling about this, please make a recommendation in your minutes. Mr. Metz will attend your meeting to talk with you. Bud LEASE This Lease is made December 23, 1993 by and between the City of McCall, an Idaho municipal corporation ("Lessor"), and Inland Marine Construction, Inc., an Idaho business corporation, of McCall, Idaho ("Lessee"), for and in consideration of the mutual promises herein contained. Background 1. Lessor is the owner of land dedicated for park purposes, located between East Lake Street (sometimes called Lakeshore Boulevard) and the high water mark of Payette Lake. 2. Lessee has purchased from Kevin Muir a dock construction and repair business which used access across such Lessor land. Lessee desires to operate such business at the same location. Lessee will be seeking a permit, or a permit transfer or renewal, from the Idaho Department of Lands for the use of the waters. Loading and unloading of materials to this State permit site, and issuance of the State permit itself, both involve approval of the Lessor as owner of the land between the road and the water. 3. Lessor views the dock business as a contributing factor to the public recreational enjoyment of the Lake, and this Lease has been favorably recommended to the City Council by Lessor's Park and Recreation Committee. 4. Mr. Muir as prior access holder constructed an access ramp from the edge of the travelled way of East Lake Street down to the waters edge ("Access Ramp"). Agreements 5. Lessor leases to Lessee, and Lessee leases from Lessor, the Access Ramp depicted on Exhibit "B" to this Lease, which is located within the City of McCall, Valley County, Idaho, and on a "triple net" basis, that is, with all expenses of the Property to be borne by Lessee. The exact location of the leased access is depicted on Exhibit `B", an excerpt from a map drawn by Kerr Surveying, McCall, Idaho, dated December, 1985. 6. This Lease is for a term commencing at 12:01 AM on May 1, 1994, and ending at 11:59 PM, April 30, 1999, except as this Lease may be renewed from time to time in accord with this Lease. 7. The initial term of this Lease shall be five years from the date of this Lease; and it shall be renewed for succeeding terms of five years each unless Lessor or Lessee elects not to renew by giving notice within the 180 days next preceding the renewal date. This Lease may be terminated by the Lessor in the event of a breach by Lessee, by giving thirty days written notice. Lessor shall not terminate this Lease by reason of a non -monetary breach of this Lease if Lessee in response to such notice and within such 30 days both gives notice to Lessor 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. 8. For occupancy of the Property Lessee agrees to pay to Lessor, and Lessor agrees to accept from Lessee, annual rental of $400.00 on or before the fifteenth day of June of each year, commencing June 15, 1994. If this Lease is renewed, the rent for each such 5 year term shall each time be increased by a percentage equal to the percentage increase in the wholesale price index computed by the Bureau of Labor Statistics with respect to Boise, Idaho. LEASE of MUNICIPAL PROPERTY page 1 of 6 Inland Marine Construction 9. Unless otherwise directed by Lessor in writing, Lessee shall make all payments due Lessor, on or before the due date and during normal business hours, at City Hall, which is 216 East Park Street, McCall, Idaho. Lessee may obtain an offset against such rentals, by installing and removing Lessor's "no -wake" buoys at the direction of the Lessor's Recreation Director in a timely fashion, i.e. prior to June 15, and after October 15, each year. In twelve month period ending on a June 15 that both removal the prior fall and installation the current spring has been completed by Lessee, rent shall be considered fully paid. If only installation, or only removal has occurred, one-half the rent shall be considered thus paid. Lessee shall provide on such occasions its tugboat, a barge, and a tugboat operator. Lessor shall locate the buoys and will provide not less than two employees of Lessor to assist each time. 10. Lessee has examined and agrees to accept the Property in its present condition. 11. Lessee shall use the Access Ramp and immediate shoreline area adjacent to the State permit area only for access to a business of constructing, assembling, repair, installation, and removal of docks, piers and wharves. Any violation of the terms of the State permit shall be a violation of this Lease. Lessee shall not permit public access to the dock business, and shall limit moorage to Lessee's boats and barges. However, Lessee shall permit the public to use the Access Ramp for access to the water on a nonexclusive basis. 12. Lessee shall be solely responsible for the maintenance of the Access Ramp and adjacent shoreline and water areas. Lessee shall maintain the Access Ramp, signage, and landscaping and other improvements, in a condition safe for public use, and otherwise clean, neat, in good maintenance, repair, and appearance. Lessee shall upon request of the Lessor install wooden guard rails along the north and south perimeter of the Access Ramp so as to prevent parking along the side of the Access Ramp. Lessee shall not make any changes in the property except in accord with Lessor approval of designs for and site plans of Access Ramp. Lessee shall not break ground, or remove vegetation in place, prior to obtaining such approval. 13. Lessee at its expense will provide or see to the provision of all services, utilities, labor, and materials needed for the Property, and pay all accounts for services, utilities, labor, and materials supplied to the same prior to their becoming delinquent. Any construction waste or debris, excess or abandoned material such as removed docks, and garbage generated by the operation, shall be lawfully stored in such fashion as not to escape, and they and any garbage or litter from whatever source on the Access Ramp, or on the shoreline of the State permit area, or in the water within the permit area, shall be removed periodically and shall never be permitted to accumulate on the upland area. 14. Lessee and Lessor both anticipate that no taxes will become owing to any jurisdiction by Lessor or Lessee with respect to Access Ramp. Should any such taxes become payable, they shall be paid by Lessee prior to their becoming delinquent. 15. Lessee shall not store, and shall prohibit the storage of liquid fuels, other combustibles, hazardous materials, and toxic materials within the Access Ramp. 16. Lessee will maintain public liability insurance against personal injury and property damage on Property or caused to persons or property off of the Property by conditions on Property, in an amount of not less than $500,000 combined single limit, and shall cause the Lessor to be an additional named insured. Lessee LEASE of MUNICIPAL PROPERTY page 2 of 6 Inland Marine Construction shall maintain workers compensation insurance in force during all periods of activity under this Lease. Certificates of such insurance shall be filed with the City Clerk annually with the payment or with the June performance under paragraph 8 and 9 above 17. Lessee will comply with all ordinances, regulations, and laws affecting the Property or its use, and will not use nor permit the Property to be used for any unlawful purpose. All activity shall comply with the Shorelines and Rivers Environs zoning restrictions, MCC 3-13-4 (A) 2, and (as a matter of contract) draft Ordinance 615, section 3-15-040 (B) 4, an excerpt of which is set out on page 6 of this lease as Exhibit "A." 18. Lessee will not erect on the Property signs, poles, lights, nor advertising devices, without prior written approval of Lessor, nor without first securing building permits and paying the appropriate fees. 19. Lessee will not permit any materialman's, mechanic's, laborer's, or other lien of any nature to attach to the Property. 20. Lessee shall have sixty days after termination by the Lessor to remove any of Lessee's structures and personal property; such period of time shall be computed excluding times when the ground is covered by snow. Any dock or other structure left within the Access Ramp or the State permit area after the expiration of such sixty days, shall at the option of the Lessor become the property of the Lessor. Any such left structure which in the opinion of the Lessor is not of value, may be removed and disposed of by the Lessor for the account of Lessee, which shall be liable to the Lessor for the cost of such removal and disposal. 21. If Lessee defaults in payment of rents specified herein after thirty days written notice of delinquency, or fails to do any other act required by this Lease, Lessor has the option of terminating this Lease, re-entering the Property, and removing all persons and property from the Property. Lessor has the option of doing any such act at Lessee's expense, and charging such expenses to Lessee. Upon re-entering the Property, Lessor may succeed to the benefit of and take over as direct lessor some or all of Lessee's contracts with Subtenants. 22. Lessee agrees to save Lessor and hold Lessor harmless against any loss or liability for injury or damage to person or property occurring on the Property or property adjacent to Property during the term of this Lease from any cause whatsoever, including negligent acts or omissions of Lessor, its agents, or employees. 23. The parties agree that the Property is truly unique, that the rent contemplates solely the anticipated landscaping/park uses, and that Lessor would not lease this Property other than to Lessee. Lessee will not assign the Lease nor sublet the Property. Any such assignment or sublease will be void without such consent. 24. In the event of any default under this Lease, the non -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 law, 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 exercise or the forbearance of exercise by any party of any one or more of such rights, powers and remedies shall not preclude the simultaneous or subsequent exercise by such party of any or all of such other rights, powers and remedies. LEASE of MUNICIPAL PROPERTY page 3 of 6 Inland Marine Construction 25. The neglect of any party to enforce its rights, powers or remedies 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, and executed with no fewer or different formalities and approvals than were attendant upon execution of this Lease. Any 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 Lease shall not constitute a waiver of the breach existing prior to the performance, unless so agreed in writing by the recipient of the performance. • 26. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 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 beyond 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; provided, however, that this clause shall not bar resort by Lessor to any security applicable to the furnishing of such performance under circumstances in which Lessor acting to obtain alternative performance would not be subject to such force majeure. The term "governmental restrictions, governmental regulations, government controls, ... [and] hostile government action" shall not be construed to have any reference to Lessor enforcing this Lease or any other agreement between the Lessor and any other party, nor the Lessor enforcing the law, nor any other goverment enforcing an agreement with a party or the conditions on the issuance of its permit(s) issued to a party. 27. If any legal action or proceeding related to this Lease is begun by any party to this Lease, the prevailing party shall be entitled to recover its commercially reasonable attorneys fees and witness and expert witness fees, incurred in prosecuting or defending the same, whether or not the same is prosecuted to judgment. The Lessor shall be entitled to such fees, if the prevailing party, notwithstanding the fact that the Lessor Attorney is salaried. 28. 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 perform, 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 consumate the transactions contemplated under this Lease. 29. This Lease is governed by the law of Idaho, and Valley County, Idaho is the proper venue. 30. Time is of the essence with respect to the obligations of the parties under this Lease. 31. Any rights and remedies stated in this Lease are cumulative. 32. This Lease shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. 33. All exhibits and other attachments, if any, to this Lease are a part of this Lease. This Lease constitutes the entire agreement between and among the parties as to the Property and all prior negotiations and discussions, memoranda, correspondence, LEASE of MUNICIPAL PROPERTY page 4 of 6 Inland Marine Construction and communications respecting the Properlty are merged into and extinguished by this Lease. 34. All parties 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 and the conditions of approval of any project or development which approval or conditions gave rise to this Lease; accordingly, in all cases, the language of this Lease will be construed simply, according to its fair meaning, and not strictly for or against any party. 35. Notices between the parties may be made by personal delivery or by United States mail, postage pre -paid, registered or certified, with return receipt requested, or by 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; the parties to this Lease shall accept oral communications and notice by facsimle transmission at the following telephone numbers: Lessee Allen E. Congleton, Pres. Inland Marine Construction, Inc. P. O. Box 593 McCall, ID 83638-0593 634-2875 (voice) 634- (facsimle) Lessor City Clerk City of McCall P. O. Box 1065 McCall, ID 83638-1065 634-7142 (voice) 634-3038 (facsimile) cc: City Attorney same address & phone Notice to Lessee will also be effective if Lessor posts notice upon the dock at a time on or after Memorial Day through and including Labor Day. Either party may change its address for notice by written notice. Dated: December 23, 1993 Attest: Arthur J. Schmidt, City Clerk Laurence A. Smith, Jr., Mayor Inland Marine Construction, Inc. by: Allen E. Congleton Its President by: Its Secretary LEASE of MUNICIPAL PROPERTY page 5 of 6 Inland Marine Construction "Exhibit A" An excerpt from Ordinance 615 as drafted by Joint Planning and Zoning Commissions, 1993, for public hearing in fall of 1993, and incorporated in this lease as standards for use of water end of street right-of-way. 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 other 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. by: Secretary State of Idaho ) ) ss. County of Valley ) On this day of December, in the year 1993, before me, , notary public, personally appeared Laurence A. Smith, Jr., known or identified to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the same. Notary Public for Idaho My commission expires: LEASE of MUNICIPAL PROPERTY page 6 of 6 Inland Marine Construction State of Idaho ) ) ss. County of Valley ) On this day of November, in the year 1993, before me, , notary public, personally appeared and , known or identified to me to be the President and the Secretary, respectively, of White -Leasure Development Company, the corporation that executed the said instrument, and acknowledged to me that such corporation executed the same. Notary Public for Idaho My commission expires: LEASE of MUNICIPAL PROPERTY page 7 of 6 Inland Marine Construction OMIMM McCALL AREA • CHAMBER • OF • COMMERCE DecemberA 134, ib993 v I s I T o R' s Tomi Grote Chairman McCall Parks & Recreation Committee 216 Park Street McCall, ID 83638 Dear Tomi: BUR EA U This letter of request is for specific use of the City of McCall parks prior and during the 1994 McCall Winter Carnival scheduled for Friday, January 21st through Sunday, January 30th: 1. ART ROBERTS: The plan is to use the park for either a "Ferris Wheel" or Merry -Go -Around." 2. LEGACY: The plan is to use the park for either a "Ferris Wheel" or Merry -Go -Around." The Idaho Snow Sculpting Championships will be held on the "Railroad Right of Way." 3. RIVER FRONT: The plan is to use the park for: a. "World's Tallest Snowman" - (1) Construction - Tuesday, December 14th through January 20th. (2) Viewing - Friday, January 21st through Sunday, January 30th. (3) Demolition - To Be Determined b. Sled Dog, Mutt, & Celebrity Races - Sunday, January 23rd - 1 PM - 4 PM. 4. FAIRWAY: Ice Skating Rink - East Diamond (See Letter to Craig Baker dated 12/6/93) Estimated Opening - Sunday, December 19th. Look forward to your comments! Kindest regards, Dan Wiberg - 1994 Winter Carnival Co -Chair - 634-3262 ENCL: ` FILM CONVENTION BUREAU Box D • MCCALL, IDAHO 83638 • 208-634-7631 / // uagingx 41Va/ 8 Park !I • o •• • • --•-• • • • • •.• •• •• • • BM >4. • • •• C==1 • • • +1 5040 • . I • /* ; • • , / AZ41' , I ••••••• 1 ) 11 ( ie Disposal ':) / 4=7" , ./ \ , e_ , 1/ ( lo • 1994t, MCCAJ,J,, WINTER CARNIVAL " Wd 1 d," ME-17E4T_ Snowman'r 7 iver Front- 931ttic ' Borrow,x, ,<.Borrow Pit // ! ' n • • • .5009 Noi▪ • r ▪ in • ••• :• •• Cem (C) ooat Ramp. • ,• • • • • • I / • 6 ••• 503 8 BM 5034 B M X ( 018 MC CALL AIRPORT' ° • • • A • "1994 McCall Winter Carnival" "WORLD'S TALLEST SNOWMAN" TEAM General Manager Dan Wiberg 634-3262 634-4339 P.O. Box 2025, 1004 Cee Way Loop McCall, ID 83638 Project Manager Charlie Showers 0-634-0767 634-2203 502 N. 3rd St., Ste. ##1 H-634-3177 McCall, ID 83638 Artist Jim Gale 1-882-7804 1-883-5353 1813 Joseph Street Moscow, ID 83843 Large Snow Hal Sager 0-634-2728 634-3748 Sculpture P.O. Box 1739, Lake St. Consultant McCall, ID 83638 H-634-7701 Structural Walt Gallaher 0-344-0877 344-0877 Engineer - 2210 Broadway H-362-4181 Lead Boise, ID 83702 Structural Ralph Kangas 0-325-8755 325-8440 Engineer - 135 State, H-325-8330 Back -Up Donnelly, ID 83615 Structures Jack Curtis 382-3239 Consultant 156 Goslin Loop Cascade, ID 83611 Prepared by: Dan Wiberg 12/12/93 (WCSnowteam) tz��y•�3 -10-6 The onservatory of Fine Art & Attitude HOLD FOR RELEASE - Tuesday, December 14, 1993 - "Long Valley Advocate" McCall's Winter Carnival Committee came one step closer to announcing their plans to attempt to build a World Record Snowman. Monday night the McCall Park & Recreation Committee endorsed the plan calling for construction of the huge, 100 foot snowman, at the River Front Park Site across from the Smokejumper Base south of McCall. According the Carnival Co -Chair Dan Wiberg, all that remains is final review of plans with the "Team" who has been working of the plan for more than a month. "We expect to announce our plans Thursday morning at a News Conference in Boise, and will begin construction,Za=bmgdw immediately." Thursday evening at 7 PM, the Committee is sponsoring a "World's Tallest Snowman Community Creative Session." The Session designed to encourage the community to name and help design the snowman will be led by Star - News Cartoonist, Mark Larson. It will be held at the proposed Snowman construction site at River Front Park Site across from the Smokej,umper Base. Charlie Showers, the Project Manager, expects it will take up to a month to complete the 100 foot sculpture which will require 1,700 4x4x8' blocks of snow. Jim Gale, the artist, and Walt Gallaher, the structural engineer, have been in close coordination with Showers for the past few weeks on the details of the project. In addition, Hal Sager, who has built many of "The Biggest McCall Snow Sculptures," Valley County's own structural engineer, Ralph Kangas, and structures consultant, Jack Curtis from Cascade, all have contributed significantly to the design process. The current World Record Snowman is 86 feet 2 inches, built at St. Cyrille de Wendover, Quebec, Canada, and completed on March 6, 1993. The rules from "Facts On File," the source for "The Guinness Book of Records" are: "The record is for the tallest snowman to be constructed from loose snow obtained from the immediate vicinity of the construction. Mechanical equipment may be used to move the snow. The snowman should be identifiable as of "humanoid" appearance with a distinct head and body. Height should be measured from the top of the "head" or "hat" to the lowest point of the base of the construction. The number of people involved in the construction is immaterial, but the team should be identifiable as such and all should engage continuously as far as reasonably possible in the project until its completion." "The key to our success," according to Wiberg, "will be quickly assembling the construction equipment & materials, manpower, and of course tightly controlled project management. We are confident with the continuation of the outstanding support the project has had to date, that we will be successful and complete the Snowman just prior to the opening of the 30th Annual McCall Winter Carnival scheduled for Friday, January 21st through Sunday, January 30th." Here is a list of what we need: 1. Equipment: 140' Reach Cranes, Front End Loaders, Dump Trucks, and Tampers. 2. Supplies: Snow Block Forms - 4x8'x3/4" plywood, 2x4x10' stud quality lumber, and hardware. Tents with heaters, and outdoor lighting with generators. 3. Manpower: 20 people each day to help form the snow blocks. If you have equipment, supplies, or manpower to contribute, call the McCall Area Chamber of Commerce office (634-6731) or Carnival Co -Chairs Dan & Norma Wiberg (634-3262). Many outstanding sponsors have stepped forward to support this Idaho Heartland record breaking attempt beginning with GOLD SPONSOR ($1,000 or more): Nagel Beverage/Pepsi, followed by GOLD SPONSORS Citizens Utilities, Spring Mountain Ranch, Wiberg-Nelson Financial, KMCL-FM, and the McCall Area Chamber of Commerce. American Fine Foods became our first SILVER SPONSOR ($500) and Wiberg expects many other fine companies and individuals will follow as the project unfolds. GOLD SPONSOR - $1,000 or more, SILVER SPONSOR - $500-$999, and BRONZE SPONSOR - Up to $499. Call Dan Wiberg (634-3262) for more information on the benefits of "Snowman Sponsorship." FOR MORE INFORMATION CONTACT: Dan & Norma Wiberg - 1994 McCall Winter Carnival Co -Chairs P.O. Box 2025, McCall, ID 83638 (208) 634-3262 FAX: (208) 634-4339 Bonni Shikrallah Kathy Showers - Local Publicity (208) 634-4661 FAX: - Regional Publicity (208) 634-2119 FAX: (208) 634-3009 (208) 634-2204 (WCSNOWMAN1213) McCALL • AREA • CHAMBER • OF • COMMERCE A N D V ! S 1 T O R' S December 6, 1993 Craig Baker Director of Parks & Recreation City of McCall 216 Park Street McCall, Idaho 83638 Dear Craig: B UREA U At the Park and Recreation meeting November 22nd the Committee gave permission for the Winter Carnival Committee to bring proceed with a "Volunteer Ice Skating Activity" to be held at Fairway Park. The following is the proposed plan: 1. Location: East Softball Field 2. Size: 85' X 200' 3. Containment System: 2 X 6's, railroad ties, and berms. 4. Water Source: City Water Hydrant 5. Lighting: 3 - Flood Lights Mounted on Backstop and Road Service Light 6. Sound System: To Be Determined 7. Hours of Operation: 9AM to 9PM everyday 8. Start Date: Saturday, December 11, 1993 9. Ending Date: When ice becomes unmentionable 10. Committee: Chairman: Everett Dick - 634-3297 John Larson - 634-2016 Mike McCabe - 634-8263 11. Ice - Set -Up: 12/7 - Flooding by McCall Fire Department 12. Ice - Maintenance: Supervision - John Larson Cleaning Daily - Harry Stathis - 634-8605 Flooding Daily - Bob Krumm - 634-8712 13. Refreshments: Unknown 14. Rink Scheduling: Reservations Open Skating 15. Reservations: 16. Skate Rentals: Wednesday - 6PM Sunday - 9AM All Other Times Ev Dick Mike McCabe - 9PM - Noon 634-3297 634-8263 Medley Sports 634-2216 Home Town Sports 634-2302 FILM CONVENTION BUREAU Box D • McCALL, IDAxo 83638 • 208-634-7631 We believe that this plan will accomplish the objectives of both the Park & Recreation Committee and the City Council to establish ice skating as a recognized winter activity in McCall! If you have any comments, questions, or suggestions please let us know. Otherwise, this plan will go into effect between today and Saturday, December 12th. Thank you in advance for your outstanding support and cooperation! Kindest regards, Dan Wiberg Winter Carnival Co -Chair 634-3262 cc: Tomi Grote Off Everett Dick% Winter Carnival Ice Skating Chairman 634-3297 - Chairman - McCall Park & Recreation Committee FOR IMMEDIATE RELEASE - November 29, 1993 their The McCall Winter Carnival Committee announced "Updated" Chairman list this past week for the 30th Annual Mid -Winter Celebration scheduled for Friday, January 21st through Sunday, January 30th: EVENT Co -Chairs 1004 Cee Way Loop Chamber Office Mgr. 1001 State St. .Volunteers CHAIRMAN Dan & Norma Wiberg Wiberg-Nelson Financial Helen Eimers McCall Chamber of Comm. Iris Betts Counselor PHONE # 634-3262 634-7631 634-3713 634-2902 Art Show, Auction & Wine Tasting Arts & Crafts Fair ATV Race Beard Contest & Feed Bingo: Grand & Senior Children's Snowman Building Contest Concessions Cross -Country Ski "Fun Run" Duke & Duchess Raffle James Spurlock, Artist Peggy Wheatcroft Hotel McCall Les & Debbie Grems Visions in Art Harry Stathis Harry's Dry Dock Tom McReynolds Shear Performance Bonnie Allen Pancake House Renee Welch Vigilantes 634-4967 634-8105 634-4290 634-8605 634-3606 634-5849 634-5507 Ernie McIntosh 634-2234 Lumbermen's Helen Eimers 634-7631 McCall Chamber of Commerce Candy Anderson 634-8436 Payette Lake Trails Lance Eckhardt 634-8650 Heartland Travel Full Moon Cross- -Country Tour Grand Parade Ice Skating Idaho Snow Sculpting Championship Information Centers Medallion Hunt Miniature Golf Tourn. Opening Ceremonies, Torchlight Parade & Fireworks "Outrageous Air" Show Outrageous Races Program Book, Posters & Banners Prizes & Awards Promotion -Local Promotion -Regional Queens Contest Radio Controlled Aircraft Show Mike Busby & Travis 634-8530 Hatfield, Gravity Sports Barbi Burke 634-2842 Rumors Everett Dick 634-3297 Hal & Jane Sager 634-2728 Mountain Lakes Realty Donna Brown & Fran Long 634-3135 Treaty Rock Realty Mary Lou Wickham 634-3336 Nails Unlimited Christi Webb 634-3314 Subway Bryan Hill Bryan's Burger Den Bob Welch 634-4467 Sprouse Reitz Dan Wiberg 634-3262 Wiberg-Nelson Financial Jane Dyrud Little Ski Hill Jenny Phelps Norma Wiberg Wiberg-Nelson Financial Norma Wiberg Wiberg-Nelson Financial Linda Hieter Seams Like Yesterday Bonni Shikrallah 1920 House Kathy Showers Mail Boxes & More Julie Morgan Warm Lake Lodge Michael Ratcliff Central Idaho Aviators 634-7964 325-8665 634-7768 634-3262 634-3262 634-7002 634-4661 or 634-5818 634-2119 634-3177 634-7011 634-8250 Senior Citizens Day Ski Marathon Sled Dog Demonstration & Mutt Race Snow Sculpture Competition Snowflake Ball Snowmobile "Fun Run" Sponsorships & Advertising Teen Dances Variety Show World's Largest Snowman Ray Heady 634-5408 McCall Sr. Citizens Center Jack Kappas Nordic Ski Club Diana Healy Dog Trainer Bryan Hill Bryan's Burger Den Bob Welch Sprouse Reitz Ed Elam Shore Lodge "Woody" Woodson WW Security Services Dan Wiberg Wiberg-Nelson Financial Bob Sarni Optimist Club 634-8341 382-4745 634-7964 634-4467 634-2244 634-4030 634-3262 634-2116 Ted Carrico 634-8482 McCall -Donnelly High School Julie Morgan 634-7011 Warm .Lake Lodge Dan Wiberg 634-3262 Wiberg-Nelson Financial FOR MORE INFORMATION CONTACT: Dan & Norma Wiberg - 1994 Winter Carnival Co -Chairs P.O. Box 2025, McCall, ID 83638 634-3262 FAX: 634-4339 Kathy Showers Bonnie - 1994 Winter Carnival Regional Publicity (208) 634-2119 FAX: (208) 634-2203 Shikrallah - 1994 Winter Carnival Local Publicity (208) 634-4661 FAX: (208) 634-3009 11/29/93 (wcchairm) WORLD'S TALLEST SNOWMAN COMMUNITY CREATIVE SESSION,: Thursday, December 16th 7 PM Leader: Mark Larson - Star -News Cartoonist and "The McCall Winter Carnival World's Largest Snowman Team" River Front Park Site (Across from Smoke Jumpers Base) BRING YOUR CREATIVE IDEAS!!!! Brainstorm the Name and help Design the Snowman! SPONSORED BY: The McCall Area Chamber of Commerce 1994 Winter Carnival Committee For More Information Contact the Chamber at: 634-7631