HomeMy Public PortalAboutGAC Minutes 1995 03/01GOLF COURSE ADVISORY COMMITTEE MEETING
MINUTES
MARCH 1, 1995
Members Present: Rick VanNoy Frank Brown
Judy Barkley Jeff Goodman
Member Absent: Ted Whiteman
Advisor Present: Carl Hoss
Call to Order:
Rick VanNoy called the meeting to order at approx. 7:00
P.M.
Minutes:
The minutes of the February 1, 1995 meeting had not
reached Committee Members so no action could be taken.
Old Business:
1. Cart Storage Update
The Contract which the City of McCall had executed with
Mr. John E. Wyman had been reviewed by some members of
the Committee and also by the City of McCall Attorney.
It was the observation of those involved that this
contract is in default and thus also void. Several
scenarios were discussed as to what to do with the area
now in reference to future parking, maintenance
expansion and other ideas as well.
Judy Barkley moved to recommend that this contract be
brought back to Staff (City Manager and Attorney) to see
what options could be considered. The motion was
seconded by Jeff Goodman and carried unanimously.
2. Week day Greens Fee Schedule
This issue had been referred back to the Committee by
the City Council. They had asked that the Committee
reexamine it so that supportive documentation could be
provided as well as some input from the Course
Professional. The Committee discussed the
reconsideration as well as researched other Courses in
the Area and found that the recommended Fee did not
appear out of line. Carl Hoss said that there has been
an increase in the number of week day players and felt
that an increase in these fees would also encourage more
season pass purchases. Carl said he would address the
issue individually with several members of the City
Council.
**** The Committee unanimously agreed to resubmit their
recommendation to City Council for reconsideration.
3. Discount Pass Recommendation Reconsideration
The Council had also requested the Committee to
reconsider the recommendation to eliminate the discount
pass from the schedule. Carl Hoss said that he had only
sold 80 of these passes last year and felt that due to
some big administrative problems encountered with
swapping of the passes and other abuses that they were
not worth the trouble of printing and that they just did
not pay off.
The Committee unanimously agreed to resubmit their
original recommendation to the City Council with
supportive documentation to be enclosed with these
minutes.
4. Other Discussion
Rick VanNoy reported on the status of the fund raising
efforts for the hydroject greens aerator. Frank Brown
said that the Foundation was prepared to donate most of
their remaining funds toward purchase of this equipment
and may aid in soliciting further funds as well.
Judy Barkley also provided a short update on the status
of the Humanitarian Sports Hall of Fame Tourney.
With no further business, the meeting was adjourned.
Respectfully submitted,
Rick VanNoy, •ce C :ir
COMMERCIAL GROUND LEASE
This Commercial Ground Lease ("Lease") is made May 27, 1993, by and between
the City of McCall, Idaho, an Idaho municipal corporation ("Lessor"), and Certified Steel
Buildings & Supply, Inc., an Idaho business corporation ("Lessee"), for and in
consideration of the mutual covenants in this Lease.
1. Lessor leases to Lessee, and Lessee leases from Lessor, the real property
described on Exhibit "A" to this Lease ("Property"), which is located within the
City of McCall, Valley County, Idaho, and on the premises of the City of McCall
Municipal Golf Course, for the express purpose of the construction of and rental
to the public ("Subtenants") of storage spaces in a golf cart storage facility
("Facility"), and for other storage purposes not inconsistent with summertime golf
cart storage (for one example, as wintertime storage for lawn furniture and
equipment while the golf cart is elsewhere).
2. This Lease is for a term commencing at 12:01 AM on May 28, 1993, and ending
at 11:59 PM, May 27, 2013.
3. For occupancy of the Property Lessee agrees to pay to Lessor, and Lessor agrees
to accept from Lessee, monthly percentage rent payments of six percent (6%) of
the gross receipts Lessee receives from rental of the Property or any part thereof.
Payment shall be made twice each year, on July 1, and on December 30, each
time with respect to ammounts received by that date and since the date as of
which the last previous payment was made.
4. 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 216
East Park Street, McCall, Idaho. In support of such payments Lessee shall furnish
Lessor copies of all rental agreements and of any receipts issued to Subtenants.
Lessor shall be entitled to audit such rent payments and Subtenant lease or rental
records at any time during normal business hours.
5. Lessee has examined and agrees to accept the Property in its present condition.
6. Lessee shall construct Facility at Lessee's expense on the Property promptly, in
order that it may be in use during a substantial part of the golf season of 1993, and
succeeding seasons. The Facility shall have a blue roof and grey siding to match,
in so far as practicable, the Golf Clubhouse.
7. The Facility is a special or conditional use under the planning and zoning laws,
authorized subject to review and approval of its design and of a site plan of
Property. Lessee shall not break ground or remove vegetation prior to obtaining
such approval.
8. Lessee shall be solely responsible for the maintenance of the Facility and of
Property, except that Lessor will be responsible for plowing snow from roads and
parking areas as necessary, for so long as Lessor has the benefit of over -winter
storage as provided in the next paragraph. Lessee at its expense will provide all
other services, utilities, labor, and materials supplied to the Property.
9. Lessor may without charge use any part of Facility not used for over -winter
storage of golf carts, for over -winter storage of Lessor's equipment. Lessee will
make available to Lessor for such purposes all unenclosed, roofed storage that is
part of Facility.
10. The Property will be used by Lessee solely for the Facility and for the storage of
golf carts in the Facility, and for other storage purposes not inconsistent with
COMMERCIAL GROUND LEASE page 1
Certified Steel Buildings & Supply, Inc.
Golf Cart Storage Facility
summertime golf cart storage. Lessee shall not make any storage in Facility
available to a person who does not possess a McCall City Golf Course season
pass and a receipt for payment of golf cart trail fees. Lessee will endeavor, within
the limits of planning and zoning approvals, to accommodate all storage needs for
golf carts on the golf course during the golf season. Lessee shall have the
exclusive right to provide golf cart storage on the golf course or on City property
adjacent to the golf course. If Lessor determines that there is an inadequate
availability of storage on the golf course, Lessee shall have the right either to
provide such storage by expansion of Facility with approval of the Planning &
Zoning Commission, or the right to lease under the terms of this Lease additional
property on the golf course for construction of additional storage facilities.
11. Lessee shall provide and pay for insurance of Facility, in the amount of
replacement cost, against fire, storm, and other casualties and contingencies.
Lessor shall prohibit the storage of liquid fuels, other combustibles, hazardous
materials, and toxic materials within the Facility, and include such prohibition in
all rental agreements and subleases with Subtenants.
12. 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 $300,000 combined
single limit.
13. 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.
14. Lessee will not erect on the Property signs, poles, lights, nor advertising devices,
without prior written approval of Lessor.
15. Lessee will furnish evidence of payment of withholding taxes for income tax for the
United States and for the State of Idaho, social security (FICA and Medicare) taxes,
unemployment insurance taxes, and any other withholding required by law, and
workers' compensation, at the end of each quarter of each year during the term of
this Lease. Lessee shall pay all personal property taxes on Lessee's personal
property on the Property, and all sales taxes resulting from Lessee's operations on
the Property. Lessee will pay real property taxes, special assessments, or other
taxes with respect to Property, if any.
16. Lessee will not permit any materialman's, mechanic's, laborer's, or other lien of any
nature to attach to the Property or to Facility.
17. Upon termination or expiration of this Lease or any extension thereof, all fixtures
and improvements on the Property may become the property of Lessor as follows:
Lessor will obtain an appraisal of the Facility and may elect either to purchase the
Facility at that appraised price, or to advertise for a new lessee; such new lessee, if
any, will be obligated to purchase such Facility at such price from Lessee. If neither
Lessor, nor a new Lessee, purchases such Facility, then Lessee may remove the
same, restoring the Property to a clean, neat and safe condition and without any
unnecessary damage to other site improvements.
18. If Lessee defaults in payment of rents specified herein, or fails to commence
construction timely and pursue it diligently, 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.
Termination in no way relieves Lessee from responsibility for loss of rents by
COMMERCIAL GROUND LEASE
Certified Steel Buildings & Supply, Inc.
Golf Cart Storage Facility
page 2
Lessor because of termination, or any other liability under this Lease. 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.
19. 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.
20. Lessee will not assign the Lease nor sublet to any one person all or nearly all of the
Property or Facility, without the prior written consent of Lessor, which consent
shall not be unreasonably withheld. Any such assignment will be void without such
consent.
21. Lessee at its option upon giving Lessor written notice not less than 180 days before
the end of the term of this Lease, may renew this I easP, subject to all of its terms
and conditions, for an additional term of 10 years; in turn, Lessee at its option upon
giving Lessor written notice not less than 180 days before the end of that extended
term of this Lease, may renew this Lease, subject to all of its terms and conditions,
for a second additional term of 10 years; for a total of 40 years. Upon the occasion
of any such renewal and prior to its becoming effective, Lessor and Lessee shall
meet to determine the rental percentage to be paid by Lessee to Lessor in the light
of the then prevailing market practices and the then amortized and unamortized
investment of Lessee.
23. If any legal action or proceeding related to this J rase 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. The Lessor shall be entitled to such fees, if the prevailing
party, notwithstanding the fact that the City Attorney is salaried.
24. This Lease is governed by the law of Idaho, and Valley County, Idaho is the
proper venue.
25. Time is of the essence with respect to the obligations of the parties under this
Lease.
26. Any rights and remedies stated in this Lease are cumulative.
27. The neglect of any party to enforce its rights at any particular times or upon any
particular occurrences shall not preclude resort to those rights at any other time or
with respect to any other occurrences. Any waiver of any right 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.
28. This Lease shall bind and inure to the benefit of the parties and their respective
heirs, successors and assigns.
29. 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
matter set out in it, and all prior negotiations and discussions, memoranda,
correspondence, and communications are merged into and extinguished by this
Lease; provided. however, that nothing in this Lease shall be held to merge into this
Lease any subdivision or development agreement among any of the parties unless
this Lease expressly identifies such subdivision or development agreement and
states that this Lease supersedes such subdivision or development agreement.
COMMERCIAL GROUND LEASE
Certified Steel Buildings & Supply, Inc.
Golf Cart Storage Facility
page 3
30. The parties to this Agreement shall accept notices at the following addresses and
telephone numbers:
Lessee
John E. Wyman
Certified Steel Buildings
& Supply, Inc.
305 East 36th
Boise, ID 83714
DA 11.1):
Attest:
Arth J. Schmidt,
City Clerk
Lessor
City of McCall
Attu. City Administrator
P. O. Box 1065
McCall, ID 83638
CITY OF McCALL
Lessor
bv:
mence A. Smith
Mayor
Certified Steel Buildings & Supply, Inc.,
Lessee
b
S tate of Idaho )
) ss.
County of Valley )
On this 1 if'' day of June, in the year 1993, before me,
-Jf3.�ss /74. f-/A-A,.o6rizsu�; 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�isy-e McCall executed the same.
l.otary Public for Idaho
My commission expires: %- / y y6
COMMERCIAL GROUND LEASE
Certified Steel Buildings & Supply, Inc.
Golf Cart Storage Facility
page 4
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