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HomeMy Public PortalAbout1969.04.07 Sports Marina Original Lease Agreement, Renewals and Withdrawal-,AMBROSE & FITZGERALD ATTORNEYS AND GOO NSELORS Sae EAST FIRST itARRIDIAN..IDAHO 83642 LEPHoNE 668-4461 LEASE AGREEMENT AGREEMENT OF LEASE, Made and entered into this day of April, 1969, by and between the CITY OF McCALL, a municipal corporation, hereinafter called Lessor, and A. R. KRIGBAUM and JAMES * HARDY, doing business as SPORTS MARINA, a co -partnership,- hereinafter called Lessees, W I T N E S SET 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 boundar 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 l 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 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 property shall be the sum of $1.00 per year, payable $1.00 on April 7, 1969 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 boatmarinas suPP157 sales and other sporting_ goods, but not specifically limited to these and shall be allowed to carry on business operations related t their general operation. It is understood that the Lessees hereto shall use the premises in compliance with all Federal, AMBROSE & FITZGERALD ATTORNEYS AND COUNSELORS 920 EAST FIRST MERIDIAN. 1DAHO 83642 TELEPHONE 888-4461 municipal Laws. That the Lessees plan to construct a building and docks on the leased premises and that they shall have the right to make such alterations and changes as they deem necessary providing said changes or alterations do not conflict with any existing Federal, State or municipal ordinances. CONSTRUCTION: It is understood that the lessees contemplate constructing a building on the above mentionedrealproperty. It is specifically agreed that the construction shalltake place upon and be limited to the property described in the legal above and that the lessees shall in no way encroach upon, 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 the right to enter upon said premises at reasonable times and at reasonable intervals for the purpose of inspecting the same. 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 harmless from 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 caused by lessees' negligence. Lessees agree to catty public liability insurance and workmen's compensation insurance for this purpose. AMBROSE & FITZGERALD ATTORNEYS AND COUNSELORS. 929-EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461 ABANDONMENT: In case the lessees shall abandon or vacate said premises, the lessor may, at its option and without notice to the 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, the lessor shall first give lessees notice in writing by mail calling attention to the default complained of, and if lessees refuse or fail to remedy or disprove the default claimed within ninety (90) days from the mailing of said notice, lessor may take possession of 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 allpersons 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 BINDING 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 upcnthe termination of this lease they will remove all of their belongings from the premises immediately, and will deliver possession of the premises to the 9; ME .El AMBROSE & FITZGERALD ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888-4461 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 with 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 said premises, including building, fire regulations and ordinances., ASSIGNING AND SUBLETTING: Lessees may assign this lease or sublet the premises in whole or in part provided they first obtain 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 the title of this property nor to the Lessor's 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 not look to 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 at their 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 at the same rental and under the same terms and conditions herein STATE OF IDAHO ss. County of Valley ) On this We day of , 1969, before me, the under- signed, a Notary Public in and for said State, personally appeared 22. ,1 des and a//. , 11,, M.•iyor and City Clerk of the CITY OF McCALL, a municipal corporation, known to me to be the persons whose names are subscribed 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 and year in this certificate first above written. (SEAL) z2 -�.- , / Notary Public for Idaho Residence: A9'1,e-1, Idaho., STATE OF IDAHO County of ss. On this P ) day of signed, a Notary Public in and or A. R. KRIGBAUM and JAMES a►, HARDY, partnership, known to me to be the scribed to the foregoing instrumen they executed the same. , 1969 said State dba Sports persons wh t, and ackn , before me, the under , personally appeared Marina, a Go- ose names are sub- owledged to me that 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) Notary Public for Idaho Residence: 4.,V.lielfg! .s, AMBROSE & FITZGERALD ATTORNEYS AND COUNSELORS SSS EAST FIRST MERIDIAN. IDANO •3642 3LRFHONE 888.446I Idaho. t f orth. The option to 1.1 he e erc:.i sc*d a# least thirty (30) days prior to the termination of this lease by written notice 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 acknowledged, and Lessees agree not to file the same for record so as to encumber the title, it being understood and agreed that Lessees' possession 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. CITY OF McCALL, a municipal corporation. ATT�FrST : Mayor LESSOR Rick i ba g . Ja e s W Hardy Doing Business a a co -partnership LESSEES AMBROSE & FITZGERALD ATTORNEYS AND CON-NSELORS OSO EAST FIRST MERIDIAN. IDAHO SS642 TELEPHONE 466,4461 SPORTS MARINA, ASSIGNMENT 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 /063, McCall, Idaho 83638. DATED This day of March, 1996. ASSIGNOR: Sports Marina Inc. an Idaho Corporation By: ALI4 Pr ident ATTEST: d"_,L,1,6e-e--,-/ /7--Ze47 Secretary % ASSIGNEE: Sta-Bax, Inc., an Idaho Corporation By: !,% ,46 ASSIGNMENT OF LEASE - 2 State of Idaho ) :ss County of Idaho ) / .tk On this Ic 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, ) :ss County of Valley. ) pvaL1 itipseas Cossi••ioa Expires: 6.6.99 ,) „z. '..... �Q c1 Nit i' • r Idaho • 4Resink kin Expires: On this (7 day of March, 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared err y (. S\-06' and pC 54.11.5 known to me to be the President and Secretary, respectively, of Sta 1 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 Ddtel s • • 45►**1I TB off' tit - ASSIGNMENT OF LEASE - 3 ► • tary Pub is Residing at My Commission Expires: 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 a /I eily auagei MrN.,on_ ATTEST: City Clerk ASSIGNMENT OF LEASE - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ASSIGNMENT OF LEASE PAGE I 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 .ith 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 propert~ situate and lying in the County of Valley, State of Idaho, more particularly described as follows, to-~itl The land bet,rem 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 1~, Block 4, McCall First Addition to the Village off McCall, Idaho, as extended westerly to the high mater mark of Big Payette Lake, and the ~outh bound&r~ line of Lot I of said Block 4, extended ~esterly to the ~est boundary line of said Big rayette Lake, together ~ith the inprovements thereonl and WHEREAS, S~orts Marina, Inc., an Idaho Corporation, no~ desires to sell, assign, convet and transfer all of its right, title and interest in and to sa~d lease and the real proper~g ~nd improvements therein describedl NOW, THEREFORE, KNOW ALL MEN 8Y 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 hereb~ 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 No~ices concerning said le~se shall be deemed delivered upon deposit of the same in the United ~tates mails addressed to me at 44&? Forest Avenue, Mercer Island, Washingnton 98~4B. Dated this 15th da~ of ~uly, 1984. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PAGE 2 SPorts I~rina, Inc. Dean Weidner Attest: Patricia F. HardM (ss. Count~ of King. appeared Dean Weidner, kno=n 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. affixed first above written. IN WITNESS WHEREO~ I have hereunto set m~ hand and my offic'iat seal the da~ and ~ear in this certificate ) ) State of Idaho, County of Valley. undersigned~ a Notar~ Publaic in and for said State, Personallg, aPPeared James W. HArdy and Patrtcia F. Hard~, 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 m~ hand and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ASS 16NMENT OF LEASE PACER 3 affixed my official Seal the first above written.  p in t~ertificate Residing at McCall, Idaho, CONSENT TO ASSI6N Pursuant to that lease entered into on the 7th day of April, 1969, bg and bergen the Citg of McCall, a Municipal Corporation, therein referred to as "Lessor', and Sports Pl~ina, Inc., an Idaho copporation~ therein referred to as "Lessee", the undersigned hereby consents to the reassignment and assumption of said lc&se and improvements therein described, to: Dean Weidner 4467 Forest Avenue Mercer Islandt Washington 9BB4B Dated this /,,~;~ day of ,.~i~ ~H~.. The City of McCall~ a Municipal Corporation Byre . Apcher~ Jr. Mayor Caren Beckler City Clerk State of Idaho, ) ( On this /~C2~- day of l~q~+, 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 acknoeledeed 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 z 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ASSIGNMENT OF LEASE Notar.~ Public for- Ida. ho Residing &t McCatII~ Idatho PAGE 4 ~bove ASSIGNMENT OF LEASE WE, the undersigned, A. R. KRZGHAWand JAMBS 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 44 day of , t.s,,4„ 2,A- , 19,1 `% ACCEPTED: SPORTS MARINA, INC., an Idaho corporation. By: ident�l Attest.: Secretary* Kr gba tLkia/.: Jars W. Hardy ,/ The undersigned, hereby consents to the foregoing Assignment of Lease. CI` v Of corpora £' By: ATTEST: // , arc 1;1Jf& .....� Cit3y Clerk ASSIGNMENT THIS AGREEMENT, made and entered into this „:,;2 day of ,YL,e LI ___, 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 "Ass.ignee.. WITNESSETH Whereas, bN, 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, 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 INTER -MOUNTAIN STATE BANK SPORTS MARINA, INC. lG PL s dent ASSIGNORS BY -t,i�.. President 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 22, day of Attest: a Mar(garq, STATE OF IDAHO Fogg, «hhity C r ss. County of Valley , 1978. CITY OF McCALL, a Municipal Corpor-. won --- 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. sus IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year first written in this Certificate. Notary Public Residing at: STATE OF IDAHO ) )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. I/. Notary public 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 SILL 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 acknowledged 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 AMENDMENT TO LEASE FOR VALUABLE CONSIDERATION, the receipt for which is hereby acknowledged, the undersigned, CITY OF MCCALL, a municipal corporation, Lessor, and SPORTS MARINA, INC., an Idaho corpora- tion, Lessee, hereby amend that certain Lease Agreement dated April 7, 1969, between the City of McCall as Lessor, and A. R. Krigbaum and James W. Hardy, dba Sports Marina, a co -partnership, as Lessees, which Lease agreement was assigned by the Lessees to Sports Marina, Inc., an Idaho corporation, with the consent of 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 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. 2. Any dock changes must first be approved by Lessor, and no permanent structures shall be placed on the land north of the Forth 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 day of November, 1977. ATTEST: c'zt�y�cF� ATTEST: la Irk secretary G1 CITY OF McCALL, corooilon. By: LESSOR SPORTS MARINA, INC., an Idaho corporation. By: LESSEE STATE OF IDAHO ) ss. County of Valley ) ,C ceE-�L /0 On this :h day of Novexber, 1977, before me, the undersigns , a Notary Public in and for said� State, personally appeared C 7 2 � and laAG , Mayor and City Clerk, respectively, of the CITY OF MMc(XL, a municipal corporation, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, Ihhave hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ary Public for Idafio Residence- McCall, Idaho. STATE OF IDAHO ss. County of Valley ) On this 6.44 day of Nevembex, 1977, before rne, the undersigned, a Notary Public in and for said State, personally appeared JAMES W. HARDY and PATRICIA F. HARDY, President and Secretary, respectively, of SPORTS MARINA, INC., an Idaho corporation, known to me to be the persons whose names are subscribed 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) Notary Public for Idaho Residence: McCall, Idaho. AMBROSE, FITZGERALD & CROOKSTON ATTOP. NEYS AND COUNSELORS GFLANT L, AMBROSE (1915-1968} 929 EAST FIRST- R O. BOX 427 JOHN O. FITZGERALD WAYNE G. CROOKSTON, IlK. MERIDIAN, IDAHO 83642 TELEPHONE 888-4461 AKEA CODE 208 November 10, 1977 James W. Hardy Sports Marina, Inc. P. O. Box 869 McCall, Idaho 83638 Dear Jim: 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, JOHN O. FITZGERALD JOF/kam Enclosures ROBERT H. REMAKLUS, LAWYER P.A. Robert H. Remaklus Mr. Jim Smith City Administrator P. O. Box 1065 "McCall, Idaho 83638 Dear Jim: Professional Center Building Post Office Box 759 Cascade, Idaho 83611 Telephone 12081 d82-4267 February 22, 1985 Re: Snorts Marina Lease Agreement Enclosed is a copy of an Attorney Cene:_al's opinion dated February 20, 1985, concerning the Sports Marina. Please look it over carefully and give re a ring. Very truly yours, 1 Robert H. Remz_klus bb STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL JIM JONES BOISE 83720 ATTORNEY GENERAL February 19, 1985 Robert H. Remaklus Attorney at Law P. 0. Box 759 Cascade, ID 83611 Re: Sperts Marina Lease Agreement Dear Bob: TELEPHONE 12081 334-2400 You have asked us a number of questions about a most unusual lease agreement between the City of McCall and the Sports Marifia, a business in McCall, Idaho. The Sports Marina owns the property which adjoins a city street and Big Payette Lake. The street abuts the edge of the lake, having the high water mark as its westerly line. The "lease" does not lease lands; it cnly purports to lease the high water line bordering the street and the lots owned by the Sport Marina. The "lessee" agrees not to encroach upon the city street. The owners of the Sports Marina have an independent agreement with the State of Idaho, Department of Lands to lease portions of the lake bed and the area between the high and low water mark for use as a marina. The Sports Marina owners wish to sell or rssign their property to another party. The City has determined that it should raise the "rental" rate on its "lease". A summary of the agreement follows. The description is only of the high water mark line abutting the lake which is the edge of a city street. The City leased the line in 1961 for one dollar a year far 25 years with a ten-year renewal clause. The agreement stated that the premises were to be used for a marina and -elated sales which must comply with Idaho law, federal law, and city ordinances. The lessee was to construct buildings, not encroach upon the street right of way, and be responsible for any injuries to property or persons. If the lessee abanc.oned the lease or vacated the premises, lessor Robert H. Remaklus February 19, 1985 Page 2 could re -let. The lease provided for notices of default and contained a hold harmless clause. The lessee could assign only with the written consent of lessor. It was stated that the lessor made no warranty as to the title of the property, nor of the lessor's right to lease the property. The lessee agreed to defend the lease if anyone questioned its validity. Also to be considered, is the case of Pa�ettee Lakes Protective Association v. Lake Reservoir Company,-8 Idaho 111, 189 P.2d.1009 (1948), which was a suit relating in part to Big Payette Lake. According to the case, there is a dam at the outlet of the Big Payette Lake which, does not raise the water level. Thus, it does not appear that there are any privately owned lands between the declared high water mark and the natural high water mark. In other words, the declared high water mark at the edge of the street in question is probably the natural high water. You have asked the following questions: 1. Is the city as trustee of the dedicated street in the same position as a riparian or littoral owner? 2. Even if so, does the city in fact have anything to lease in this case? 3. Does the city have the right to require greater rent in return -Ior permission to assign the lease? In answer to the third question, the agreement provides that if the lessee is not in default he may renew the lease upon the same terms and conditions for an additional ten years, at the end of the original lease. Because of this, the city has no right to require E greater rental under the terms of the agreement unless the lessee acquiesces. In answer to your first and second questions, this document is not a lease. It is akin to a franchise, permit, or license. does not lease a particular piece of property. At best, it is an agreement relating to use of a street and allowing iLdividuals to carry on a business. The first two questions present a considerable number of problems. Drdinarily, where a street borders on a body of water, the abutting owner acquires the fee of the entire Robert H. Remaklus February 19, 1985 Page 3 street. It is probable that the abutting or adjacent owner owns the underlying property, subject to the city's right to use it as a street, and has littoral rights. Burkart v. Fort Lauderdale, F1a.Dist.Ct.App. 156 So.2d 752 (1963); GifforT v. Horton, 5T Wash. 595, 103 P. 988 (1909). There is quite a bit of case law to the effect that a city's refusal to grant proper access may be subject to suit to force the city to grant such access. See Ben Lomond Inc, v. City of Idaho Falls, 92 Idaho 595, 448 P.2T209 (196BT and — cases cited therein. The right of access is a property right. An old Idaho case holds thEt access to a public bridge could be reasonably regulated but could not be arbitrarily prohibited. In that case the court stated: " . . The lot owner has a very material and special interest in having the public reach his property and place of business and in his right to go and come and carry on business and invite the public to his place of business . . ." Village of Sandpoint v. Doyle, 14 Idaho 749, 95 P. 945 (1908). On the other hand, the public has a definite right to use streets for travel in the usual and ordinary manner by day and by night. The abutting land owners have certain rights in the street and to the lake front because of their ownership of the abutting property. The city also has rights in the property which include traffic regulation, maintenance of the streets, and the right to use the sub -surface for pipes, power and communication lines. All these things are consistent with public use. A street may also constitute a dike or sea wall. A city may erect a wharf at the side or end of a street. These uses do not necessarily entitle an abutting owner to compensation. The city may also control access within reason. Ac uillin On Municipal Corporations, SS 4.138, 30.40 - 30.44; and in a o.Code SS 50-311 - 50-318. A lease, like a deed, must contain certain features and requirements or it is ineffectual. These include a proper description of the property to be transferred. Any lease must also contain a definite statement or agreement as to the extent Robert H. Remaklus February 19, 1985 Page 4 and bounds of the property to be leased. Gaskill v. Jacobs, 38 Idaho 795, 225 P. 499 (1924); and King v. White, T99 P.2d 585 (Wyo. 1972). A line may have breadth or width if it is a wall, a ditch, a fence, a hedge, etc. But a surveying line, prima facie, means a mathematical line without breadth or width. The meaning, of course, depends upon its use. Baker v. Talbot, 22 Ky. 179. F'ere, the description is only of a line on the edge of a street right of way which is also the high water line of a lake. It may be located definitely and it would be a definite mark on the ground, but it does not contain or surround any real property. In this case the reference is clearly ,to the high water line, not to a particular piece of land. Further, the "lease" states that the lessee will not encroach upon the city street. An abutting owner has a right to access or ingress and egress, and in this case a right to access to the lake or a littoral right. McQuillan On Municipal Corporations S 30.33. This right to access is definitely a property right and cannot be appropriated without compensation. McQuillin On Municipal Corporations SS 30.63 and 37.251. This "lease" states that the city will allow the lessee to carry on a business which will not encroach upon the street. The lessee has obtained rights from other persons, i.e., the State of Idaho, to use the lands below the high water mark and within the lake by a separate transaction not related to the city's "lease". The abutting owner also has certain littoral and access rights to the street and the land below the high water mark. In this case, the lessor city particularly disclaims title to any property rights involved. In the "lease", tle city, in effect, states that it has no property rights. The label or name on a document is not of real importance. In our view, this is not a lease. It is a contract between the city and an individual to allow a particular business to be carried on without undue interference for 25 years plus an additional ten year renewal period. It does not appear that the agreement gives the lessee any extraordinary privileges to use or rights which it should not be given. The agreement appears to agree to allow the lessee to use the street and its access to the lake. The rental is firmly stated at one dollar per year. The renewal clause appears to preclude any move to raise the runt if the contract is not in default. Robert H. F.emaklus February 1St, 1985 Page 5 This a€;reement may be an agreement to allow the business of a marina within the city. It could be considered to be a franchise. Idaho Code S 50-329. Or, it could be regarded as the city's exercise of supervision of its streets, or the edge of one of :.ts streets, under some or all of the following Idaho Code Sections: 50-301, 50-302, 50-303, 50-313, and 50-314. It could also be considered as a business license under Idaho Code S 50-307 (.except that it might then be open to the objection that it pu y not be uniform and does not regulate a proper class or any class at all.) This contract might also be taken as a contract to encourage the business of a marina. Cities have a legitimate right to encourage trade; industry, and commerce, under Idaho Code S 50-302. WF/cjm Sincerely, Warren Felton Deputy Attorney General Local Government Division ©011/ o� Et© aid November 22, 1993 OFFICE OF THE CITY ATTOIRNEY Edward G. Burton, Esq. Mountain Title & Escrow, Inc. P. O. Box 798 Cascade, ID 83611 Re: Access to Sports Marina, McCall Dear Herc & Colleen: You have requested a letter from the city spelling out what right of access Sports Marina has across the strip of property vacated by the City out of Lakeshore Blvd./ East Lake Street. Such access is governed by a written document, a copy of which we believe you have, and which in terms of the vacation would be at the least a `valid existing right' to which the conveyance to the City for park purposes would have been subject. Upon the expiration of the agreement according to its terms, we anticipate renegotiation of the agreement. The City does not anticipate that elimination of access would be regarded as reasonable by anyone at that time; but the amount of rent, location of storage, location of dumpster, pathway blockage, property appearance, and any unresolved underground storage tank issues, are immediately apparent as among the issues to be then addressed. Any concerns or uncertainties about the details of a future relationship may suggest that a serious purchaser explore a present renegotiation and novation of the agreement, in exchange for an extension of its term. Very truly yours, CITY OF McCALL O Edward G. Burton City Attorney and Prosecutor cc: (7Mayor Administrator Post Office Box 1065, McCall, Idaho 83638-1065 Telephone: (208) 634-7142 Fax: (208) 634-3038 ©07V 0A NnCall November 22, 1993 OFFICE OF THE CITY ATTORNEY Edward G. Burton, Esq. Mountain Title & Escrow, Inc. P. O. Box 798 Cascade, ID 83611 Re: Access to Sports Marina, McCall Dear Herc & Colleen: You have requested a letter from the city spelling out what right of access Sports Marina has across the strip of property vacated by the City out of Lakeshore Blvd./ East Lake Street. Such access is governed by a written document, a copy of which we believe you have, and which in terms of the vacation would be at the least a `valid existing right' to which the conveyance to the City for park purposes would have been subject. Upon the expiration of the agreement according to its terms, we anticipate renegotiation of the agreement. The City does not anticipate that elimination of access would be regarded as reasonable by anyone at that time; but the amount of rent, location of storage, location of dumpster, pathway blockage, property appearance, and any unresolved underground storage tank issues, are immediately apparent as among the issues to be then addressed. Any concerns or uncertainties about the details of a future relationship may suggest that a serious purchaser explore a present renegotiation and novation of the agreement, in exchange for an extension of its term. cc: Mayor Administrator Very truly yours, CITY OF McCALL Edward G. Burton City Attorney and Prosecutor FILE COPY Post Office Box 1065, McCall, Idaho 83638-1065 Telephone: (208) 634-7142 Fax: (208) 634-3038 RECORDATION REQUESTED BY: West One Bank, Idaho 905 North Second Street P.O. Box 903 McCall, ID 83638 WHEN RECORDED MAIL TO: West One Bank, Idaho 905 North Second Street P.O. Box 903 McCall, ID 83638 SEND TAX NOTICES TO: West One Bank, Idaho 905 North Second Street P.O. Box 903 McCall, ID 83638 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LANDLORD'S CONSENT THIS LANDLORD'S CONSENT is entered into among STA-BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA ("Borrower"), whose address is P.O. Box 1063, McCall, ID 83638; West One Bank, Idaho ("Lender"), whose address is 905 North Second Street, P.O. Box 903, McCall, ID 83638; and City of McCall ("Landlord"), whose address is 216 East Park Street, McCall, Idaho 83638. Borrower and Lender have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Agreement. The word "Agreement" means this Landlord's Consent, as this Landlord's Consent may be amended or modified from time to time, together with all exhibits and schedules attached to this Landlord's Consent from time to time. Borrower. The word "Borrower" means STA-BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA. Collateral. The word "Collateral" means certain of Borrower's personal property in which Lender has acquired or will acquire a security interest, including without limitation the following specific property: All Chattel Paper, Accounts, Contract Rights, General Intangibles, Inventory, Equipment and Fixtures Landlord. The word "Landlord" means City of McCall. The term "Landlord" is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or may become, prior to the interest of Lender. Lease. The word "Lease" means that certain lease of the Premises, dated , between Landlord and Borrower. Lender. The word "Lender" means West One Bank, Idaho, its successors and assigns. Loan. The word "Loan" means the loan, or any other financial accommodations, Lender has made or is making to Borrower. Premises. The word "Premises" means the real property located in Valley County, State of Idaho, commonly known as 1300 East Lake, McCall, ID 83638, and legally described as: SEE ATTACHMENT "A" FOR LEGAL DESCRIPTION. BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the Loan. The parties intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Lease. Upon full performance by Borrower under the Loan, this assignment shall be ended, without the necessity of any further action by any of the parties. This assignment includes all renewals of and amendments to the Lease or the Loan, until the Loan is paid in full. No amendments may be made to the Lease without Lender's prior written consent, which shall not be unreasonably withheld or delayed. CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease, Lender may reassign the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed. So long as Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all obligations of Borrower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause all payments due under the Lease and attributable to that period of time to be made to Landlord. If Lender later reassigns the Lease or vacates the Premises, Lender will have no further obligation to Landlord. LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite any default by Borrower, without giving Lender written notice of the default and an opportunity to cure the default within a period of sixty (60) days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Lease for the period during which Lender is in possession of the Premises, or so long as Lender reassigns the Lease to a new lessee reasonably satisfactory to Landlord. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged, without either repairing any such damage or reimbursing Landlord for the cost of repair. ATTACHMENT "A". An exhibit, titled "ATTACHMENT "A';" is attached to this Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Agreement. MISCELLANEOUS PROVISIONS. This Agreement shall extend to and bind the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to make it effective. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to Landlord and without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligors on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan indebtedness. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. Whenever consent by Lender is required in this Agreement, the granting of such consent by Lender in any one instance shall not constitute continuing consent to subsequent instances where such consent is required. LANDLORD'S CONSENT (Continued) Page 2 BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S CONSENT, AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED 3 / 6 / 9 6 . BORROWER: STA-BAX, INC. dba HARRY'S DRYDOCK AND SPORTS MARINA By::;::'. Harry M. Stathi Aah . Stathis,,$ecfetary/Treasurer LANDLORD: for the City of McCall Landlord's Signature Gary P Shimun Bruce B. Baxter, Vice President LENDER: West One By: STATE OF _T' 1J G On this day of , 1 public in n for the State of Idaho, personally appearei' o of xecuted t authorized authori COUNTY OF LENDER ACKN Dlotary`Public for Idaho My commission expires bY.a9 arail SS ,,,,•••••.uuai•+•. egoing instrument and acffnow ough its board of directors:or o and that the seal iff STATE OF , a notary , known or identifie time (or pleved to me on the , authorized agent for the Lender that al • tr tto be the free and voluntary act and deed of said Lender, duly sgpip1•th us and purposes therein mentioned, and on oath stated that he or she is is the core to eal 3 said Lender. oro LEDGMENT fore me v. pU$ eksiog at 4,, •••N•• 9,00 ........ CORPORATE ACKNOWLEDGMENT ho )SS COUNTY OF , : (1 C. (.( ) O�•,•�. DA.,��`� 1 AJ On this�� dayof t t!) ` t►�1�( t1��1� r• 19 ASi bef me y�(,/ {/4/15/eW a notau • and for the State of I o, � ersonall a ear�'� �s, rest ent• Bruce B. haxe PryP P Y PP :''Mr WIV. , tV a and Nancy H. Stathis, reasurer, known or identified to me (or proved to The oalh o 4(: ), to be authorized STA-B li. dba HARRY'S DRYDOCK BkN P fj & A IN the corporation that executed the instrument or the persons who :�ia�f said corporation, aril * owle�dge dd tv�6yy1Mfle t wch corporr�attJionerc d the same. T. at Public for I • : h My commission expires *fat • 4� .r NN • ` •�'•; `� Off' 1�� LANDLORD ACKNOWLEDGMENT STATE OF SS COUNTY OF ) On this day of , in the year 19 , before me , a notary public in and for the State of Idaho, personally appeared for the City of McCall, known or identified to me (or proved to me on the oath of and acknowledged to me that he or she executed the same. Notary Public for Idaho My commission expires ), to be the person whose name is subscribed to the within instrument Residing at LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.17 (c) 1996 CFI ProServices, Inc. All rights reserved. [I D-E45 STA3.LN G37.OVLJ ATTACHMENT "A" Borrower: STA-BAX, INC. dba HARRY'S DRY DOCK AND SPORTS MARINA P.O. Box 1063 McCall, ID 83638 Lender: West One Bank, Idaho McCall 905 North Second Street P.O. Box 903 McCall, ID 83638 This ATTACHMENT "A" is attached to and by this reference Is made a part of each Landlord Consent, dated , and executed In connection with a loan or other financial accommodations between West One Bank, Idaho and STA-BAX, INC. dba HARRY'S DRY DOCK AND SPORTS MARINA. Parcel 71.;1.t�� ii,,, . ,...,.. , A parcel of land in Valley County, Idaho, more particularly described as the laBig nd between the West boundary of Lake Payette.Lake between the.Shore .extensionot he No th boundary line of Lot 10,oBlock 4; McCall:1'1rib Addition to the Village of HeCali, 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 Sig Payette Lake. THIS ATTACHMENT "A" IS EXECUTED ON 3l Harry M. Stathis, President LENDER; West One B: daho By: orized Officer ..__Bruce B. Baxter ice President If-� /i c- Ms.-4- ��'7 Nancy HV Stathis, Secretary/Treasurer LASER PRO, Reg. U.S. Pat. R T.M. Off., Ver. 3.17 (c)1996 CFI ProServlces, Inc. All rights reserved. (I0-060 STA3.LN 037.0VL) OFFICE OF THE CLERK BOX 1065 McCALL. 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 RECEIPT Received From Address 6370 RECEIPT Received From Adclress_ 1,,,c RECEIPT Date Received From Add ess 0/6e.% a2, 0 19E 5017 a/J-2.e_ 2 4.4:e For Yea 7 if f/ la- 71 jsx7__) ACCOUNT HOW PAID fe-4 Dollars St AMT. OF ACCOUNT AMT. PAID CASH CHECK T. BALANCE DUE MONEY ORDER By 8K806 RedifPr9:i SPORTS MARINA, INC. P. O. Box 869, McCall, Idaho 83638 February 28, 1994 City of McCall PO Box 1065 McCall, ID 83638 208-634-8361 REFERENCE: LEASE As per Lease Agreement made on April 7, 1969, we are exercising our option to renew our lease for the additional ten (10) year period as stated in the Option to Renew clause. Thank you. Sincerely, James W. Hardy President/Owner EVIrMUDE OPTION TO RENEW: In the event Lessees are not in default unde 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 at the same rental and under the same terms and conditions herein set forth. The option to renew shall be exercised at least thirty (30) days prior to the termination of this lease by written notice given to the Lessor by the Lessees, signifying the intention of the Lessees to renew. E ' -City of ' McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 November 14, 1984 Department of Motor Vehicles Boise, Idaho 83720 Dear Sirs: In regards to the Sports & Marina commerical establishment, the building and sales area is located below the high water mark of Payette Lake and therefore is unzoned. The City of McCall has no zoning jurisdiction for that area and therefore can only inform you that we have no objection to the sale of motorcycles. In reviewing with the State Department of Lands the lease with Sports & Marina is a commerical one and does allow such sales, If this letter is not adequate for your tme please contact our office for further information. Sincerely, Jim Smith City Administrator Robert H. Remaklus ROBERT H. REMAKLUS, LAWYER P.A. Professional Center Building Post Office Box 759 Cascade, Idaho 83611 Telephone 12081382-4267 October 31, 1984 Mr. Robie Russell Deputy Attorney General Statehouse Boise, Idaho 83720 Re: Sports Marina Lease Agreement Dear Mr. Russell: Enclosed is a photocopy of the lease agreement we have been discussing. Your particular attention is directed to the paragraph entitled ASSIGNING AND SUBLETTING ap- pearing on the fourth page thereof. At sometime in the past the lease was assigned to Sports Marina, Inc., and now the corporation is seeking permis- sion from the city to assign such lease to a new purchaser of the premises. Mr. Hardy has at all times until the pre- sent been an owner of the marina or the president of the corporation. The present city council is seeking a more realistic rental for the premises before approving the assignment. Mr. Hardy and the new marina manager appeared at the last city council meeting to object. One of the principal ob- jections is that no other business in the city pays rent to the city to operate a business adjacent to a dedicated city street. The fact being that the structure is situ- ated over the surface of Big Payette Lake resting on piers and foundations located below the high water line. In order to more fully outline the factual situation I am also enclosing a plat of McCall's First Addition and a copy of an aerial photograph obtained from the County Assessor. Lake Shore Boulevard runs North and South and its width extends from the Westerly boundaries of Blocks 3, 4, 5 and 6 of McCall's First Addition Westerly to the high water line of Big Payette Lake. Mr. Robie Russell October 31, 1984 Page 2 I have marked Mr. Hardy's property in red, Lot 1 through 5 of Block 4, which is across Lake Shore Boulevard from the marina. The marina building does not extend along Lake Shore Boulevard as far as Mr. Hardy's property. The leased property is shown by the broken lines extending West from the Hardy property lines. The aerial photo shows the boat slips and the marina build- ing. It also shows the area immediately South of the mar- ina building and boat ramp which has been filled in for boat and trailer parking. It is my understanding that County Waterways funds went to ,pay for the fill. It is not part of the leased property. Forth of the building you can see on the aerial trees and bushes that are growing in the street The questions that immediately occurred to me are as follows: 1. Is the city as trustee of a dedicated street in the same position as a riparian or littoral owner? 2. Even if so, does the city in fact have anything to lease in this case? 3. Does the city have the right to require greater rent in return for permission to assign the lease? The question of a reasonable rental value may best he deferred until the foregoing questions are resolved. The limited research materials available here have not yielded much. Your assistance in determining the rights of the city herein shall be most appreciated. Perhaps the Deputy Attorneys General assigned to the State Land Department and the Water Resources Board can also help. In any event, I shall look forward to hearing from you. Thank you for your continued good counsel. Very truly yours, Robert H. Remaklus bb cc City Administrator STAT OF I1I)AH[O DEPARTMENT OF LANDS STATEHOUSE, BOISE, IDAHO 83720 ENCROACHMENT PERMIT NO. L-65-S-475 Permission is hereby granted to CTTY OF McCALL of P.O. Box 1065, McCall, ID 83638 a dock to construct and maintain to be located as follows: Sports Marina opposite Fir St. & adjacent to Lakeshore Blvd. McCall 1st. addition (Boat ramp) Lot 2, Section 9, Township 18 North, Range 3 East 1. Construction will follow details and specifications shown on the approved drawings, and made a part hereof, together with any special conditions, procedures or endorsements required by the Department appearing on attached pages 1 through 2 . 2. This permit does not convey the State's title to or jurisdiction or manage- ment of lands lying below the natural or ordinary high water mark. 3. Acceptance of this permit constitutes permission by the permittee for repre- sentatives of the Department of Lands to come upon permittee's lands at all' reasonable times to inspect the encroachment authorized by this permit. 4. The permittee assumes all liability for damages which may result from the exercise of this permit. 5. All applicable provisions of the Rules for Regulation of Beds, Waters and Airspace over Navigable Lakes and Streams in the State of Idaho, are incor- porated herein by reference and made a part hereof. 6. The Director of the Department of Lands may cancel this permit for cause upon notice and hearing as provided for in the adopted rules. 7. This permit is contingent upon removing any abandoned portion of the existing dock from Payette Lake. 8. 0n all foam floatation devises, the foam must be entirely enclosed in wood. The wood must be 2" thick -or larger. FOR THE DIRECTOR BY:1/6Kr,6.--/-if r' DATE. estember, .1 TITLE: Area Supervisor DL-1751-75 EF, BUREAU OF NAVIGABLE i>TERS STATE OF IDAHO DEPARTMENT OF LANDS PAYETTE LAKES AREA OFFICE P.O. Box AS, McCall, Idaho 83638 (208) 634-7125 ENCROACHMENT PERMIT No. L-65-S-475 Page 2 9. This permit does not relieve the permitee from obtaining additional local or Federal permits as required. 10. A11 health and Water Resources laws must be complied with. 11. A11 construction waste (i.e. wood chips) must be removed from lake the same day they are put there. No wood may be treated over the lakebed. 12. This permit is not valid until the number assigned is displayed in figures not less than three inches (3") in size on the mooring. 13. Only Coast Guard approved buoys will be allowed. The buoy must be spherical in shape and made of plastic or foam. 14. As a condition of this permit, the Director may require a lease for use of any part of the State owned bed of the lake. EQUAL OPPORTUNITY EMPLOYER f.i i Ident_ cation No. /;f,; -<j -�� :� 1 G� ,1 Area r _ STATE OF IDAHO DEPARTMENT OF LANDS APPLICATION FOR A PERMIT TO MAKE AN ENCROACHMENT ON A NAVIGABLE LATE OR RESERVOIR Pursuant to Adopted Rules And Applicable Statutes (TYPE OR PRINT IN INK) 1. Name of applicant: CG-tk O-C" M4:-&, ` 1 Post office address: Telephone Number: 6g} 4- =? 1 4-2- 2. Name of lake or stream: ! oZ c sZ i'1- 1,,1 k. 3. Name and address of contractor: Iv� ,1.110AcQ 4. Proposed starting date of construction and installation: 5 . Property description:- i :A.S / tVw; U, n, tL ,SP, .- q (4c f '< 6I i/c(. C c+ t 1 i cs in (1/16 or Lot No.) of Section - , Township 04), Range G ,B.M. 6. Type of structure proposed: (?lease check and attach a descriptive drawing.) INITIAL CONSTRUCTION YES X NO Breakwater X., Dock • Bulkhead Piling Boathouse . Fill Excavation Other (Please specify) 7. Length of encroachment waterward from the ordinary highwater mark: / O D 8. Width of encroachment at ordinary highwater mark: x�. , at maximum length: :? 9. Water death at maximum length: 10. Signature of applicant: Date: 11. STATEMENTS OF ADJACENT PROPERTY OWNERS I, ► (7,4!� am the owner of ri-arian or littoral property adjacent to the oQ ty lis ed in this application. I am filiar with the scope and location of the p••••s4Q encroachment as evidenced b acc•.pan ,j�ng plans which I have initialed and I offer no o•'ection to the encroachment, j Or N_.. Ad ess /,‘g" . ,, NwM IlL /60 3 Z Leeded Pro-61e � 1 C� City of Four Seasons Recreation McColl,ldaho 83638 P.O. Box •1065 Tel. (208) 634-7144 May 23, 1990 Arthur J. Schmidt City Administrator/Clerk P.O. Box 1065 McCall, ID 83638 Dear Bud, Ed Parker Chief of Police _ 5J (fro `/ 02 fcs_rtc e - "1/ 7/ 6 - yZ- 6- 5 z/ V / On May 22, 1990 I received a complaint from Austin Lammerman regarding illegally parked vehicles parked in front of the Sports Marina. In response, I observed several boats parked on boat trailers in front and to the North of the Sports Marina. Some had FOR SALE signs posted on the boats. If in fact the boat trailers are parked "ALL NIGHT" then the owners are in violation of McCall Ord. 7-7-13 (It shall be unlaw- ful for any person to park a vehicle upon city streets or alleys between the hours of two o'clock (2:00) a.m. and seven o'clock (7:00) a.m. of any day except physicians on emergency calls). Mr. Hardy (owner of Sports Marina) disputed the city's lease agreement and stated that his lease was with the State of Idaho -- which entitled him to park in the areas in question as it was not on the main travelled portion of the roadway. Larry Chalfant checked and reported that the trailers are parked on the city's 60 foot right-of-way. In order to proceed I need to have a legal opinion from our city attorney as to what action may be taken. EP/nbl Sincerely, Ed Parker Chief of Police C7 71fGtt CITY OF McCALL P.O. Box 1065 McCall, Idaho 83638 (208) 634-7142 SUBJECT MESSAGE REPLY DEPARTMENT DATE DEPARTMENT SIGNED DATE OF REPLY REPLY TO SIGNED 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 xC mooring floats and a building addition in Payette Lake Lots 1-5, Block 4, First adjacent to Addition to Mrr All, Section 9 , Township lg North P Range 3 East 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. DL - 1750A (74) G. C. TROMBLEY Director Department of Lands PARK LAND LEASE FOR MARINA PURPOSES This Lease is made March __, 1996, by and between the City of McCall, an Idaho municipal corporation ("City"), and Sta-Bax, Inc., an Idaho business corporation, of McCall, Idaho ("SI"), for and in consideration of the mutual promises herein contained. o Background City is the owner in fee simple of the land described on Exhibit "B" ("Subject Property") located between East Lake Street and the high water mark (as defined for purposes of title) of Payette Lake, and holds it for the use of the people of McCall and their guests as public park and recreation land. SI leases submerged property adjacent to the west from the state Department of Lands. SI owns a marina built on this submerged property in connection with which concrete pads and paving have been constructed on the Subject Property, and has used the Subject Property for storage and for access and parking; buried pipelines lie under the property for the delivery of fuel to the marina. City views the marina as an extension of the park and recreation use of the Subject Property, provided that is not administered to exclude the people of McCall. City prohibits under its generally applicable ordinances any commercial use of the parks without prior consent of Council, which has been obtained. Leases Authorization of Use. City leases to SI, and SI leases from City, the property described on Exhibit "B. "Pursuant to this Lease, SI is authorized by this Lease to attach a marina to the Subject Property and to make use of the Subject Property for access to the high water mark and the marina. The placement of and plans for such marina are subject to approval by the State of Idaho Department of Lands, and SI shall obtain that approval before commencing any additional construction of such marina. Such marina shall comply with the Shorelines and Rivers Environs zoning restrictions, MCC 3-15-040 (B) 4, an excerpt of which is set out on page 4 of this lease as Exhibit "A." Use and Benefit. The marina must exist for the use and benefit of the people of McCall, permanent or seasonal. The fight to use the marina or any slip therein may not be sold or limited for more than one summer season to persons not having a dwelling nexus with McCall. If made available to persons not residing as indicated above, such availability shall be on an open market basis and for one season or less. The reasons for this provision are that the amount of publicly owned waterfront within the City of McCall is severely limited, the health and welfare of the residents of McCall requires recreational access to the Lake (the Lake being a reason why they reside in McCall), and the land in question is public park land which shall not be shut off from use by residents of McCall. Nothing herein shall be construed to prevent SI from honoring existing commitments to its existing customers. Rent. Until April 6, 2004, rent shall be payable in the amount of $1.00 per annum, on or before April 7 of each year. As this Lease creates for the first time a fight of possession in SI after April 6, 2004, rent due April 7, 2004 and thereafter shall be subject to negotiation, and shall reflect concepts such as rent for exclusive occupancy of the Subject Property, less the value of use restrictions, and/or percentage rent as to the gross receipts of such marina, and City should have the LEASE OF PARK LAND FOR MARINA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 page 1 10. 11. 12. 10. 11. right to audit records to determine whether the gross receipts have been accurately stated. Such rent shall be payable annually on April 7 of each year. "Gross receipts" for these purposes would include not only cash received, but also the fair market rental value of any slips the use of which is appurtenant to real property; Slips for Emergency Services Use. A reasonable number of slips (but not less than two) shall be provided for use by the McCall Police Department and/or the McCall Fire Department/McCall Rural Fire District/McCall Ambulance, for boats, fireboats, and jet skis officially used by such agencies, without consideration other than the execution of this Lease. Design Review and Construction. Any physical change in the marina and upland improvements associated with it are subject to design review by the Parks & Recreation Committee, with right of appeal to the City Council, and to zoning approval by the Planning & Zoning Commission, both of which approvals must be received prior to construction. Once SI undertakes construction, it shall be pursued with due diligence toward a timely completion and finished appearance, in order that park land not be encumbered by work in progress for an excessive time. Term, and Renewal. The initial term of this Lease shall be until and including April 6, 2004. This Lease may be renewed for one or more, but not exceeding three, additional ten year terms for so long as the rent and other conditions of the Lease are faithfully adhered to, and subject to completion of renegotiation of rent prior to the commencement of each such term. If SI determines that it does wish to renew this Lease, it shall give notice of that fact during the last six months of the expiring term. Use, Maintenance and Insurance. The Subject Property shall be used solely for access to such marina, and for reasonable parking not obstructing the below- discussed pathway. SI shall maintain any such marina, and other improvements in a condition safe for public use, and otherwise in good maintenance and repair. SI is encouraged to install reasonable landscaping on Subject Property, and after April 6, 2004 may be required to do so. SI shall screen any dumpster from public view, and shall not store inventory on Subject Property. SI shall encourage its customers not to park on the paint-marked sidewalk or path, and shall not itself .park or store .anything within the confines of such pathway. SI shall provide ~nsurance agmnst personal injury and property damage occurring on or near such marina and improvements, or on the Subject Property, in the amount of not less than $1,000,000, and shall cause the City to be an additional named insured. Should inflation or developments in the law of personal injury liability make the true value of that amount of such insurance inadequate as compared with 1996 values, it shall be increased to a commercially reasonable level. Certificates of such insurance shall be filed with the City Clerk annually with the payment under paragraph 8 above. Termination for Cause. This Lease may be terminated by the City in the event of a breach by SI, by giving thirty days written notice. City shall not terminate this Lease by reason of a non-monetary breach of this Lease if SI in response to such notice and within such 30 days both gives notice to City 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. Removal of Improvements after Termination. Unless SI obtains the prior written consent of City to some other action, SI shall have sixty days after termination by the City to remove the marina and any other structure extending above the surface of the ground; such period of time shall be computed excluding times when the ground is covered by snow. Any such marina or other structure after the expiration LEASE OF PARK LAND FOR MARINA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 page 2 12. 13. 14. 15. 16. 17. 18. 19. of such sixty days, shall at the option of the City become the property of the City. Any such left structure which in the opinion of the City is not of value, may be removed and disposed of by the City for the account of SI. Heirs~ Successors, and Assigns. This Lease shall bind and inure to the benefit of the heirs, successors and assigns of the parties. Rule of Construction. This Lease shall be construed in accord with its evident purposes, to facilitate the logical extension of the urban road system across the property in accord with sound engineering practice not unnecessarily disruptive to development, and to compensate the City and the public for granting near exclusive use of park land and access from park land to the water. Dispute Resolution. Disputes among the parties shall be resolved as follows. a. Any dispute between the parties respecting the interpretation or implementation of this Lease shall be submitted to alternative dispute resolution as a pre-condition to any litigation. Such alternative dispute resolution shall be non-binding and inadmissible in any subsequent litigation. b. If any legal action or proceeding related to this Lease not covered by the above alternative dispute resolution clause is begun by any party to this Lease, the prevailing party shall be entitled to recover its costs, damages, and expenses, including commercially reasonable attorneys fees and witness and expert witness fees, incurred to prosecute or defend the same, whether or not such action or proceeding is litigated or prosecuted to judgment. The City shall be entitled to such fees, if the prevailing party, notwithstanding the fact that the City Attorney is salaried. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration, unless the dispute was only as to the amount of a claim conceded to exist, in which case the finder of fact shall determine the identity of the prevailing party. Headings an Aid to Readers Only. The headings of paragraphs and articles of this Lease are provided as a guide to the reader, and shall not in any way affect the meaning or interpretation of this Lease. Governing Law. This Lease is governed by the law of Idaho, and Valley County, Idaho is the proper venue. Further Acts, Deeds~ Documents Necessary to Purposes. 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 consummate the transactions contemplated under this Lease. Time of the Essence. Time is of the essence with respect to the obligations of the parties under this Lease. Default and Remedies. 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 PARK LAND FOR MARINA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 p~e3 20. 21. 22. 23. 24. 25. 26. Limitation of Waiver. 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 fights, powers or remedies at any other time or with respect to any other occurrences. Any waiver of any fight, 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. Force Majeure. 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. The term "governmental restrictions, governmental regulations, government controls .... [and] hostile government action" shall not be construed to have any reference to City enforcing this Lease or any other agreement between the City and any other party, nor the City enforcing the City Code or other applicable law, nor any other government enforcing an agreement with a party or the conditions on the issuance of its permit(s) issued to a party. Counterpart Execution. This Lease may be executed in any number of counterparts. No single counterpart need be signed by all parties to this Lease; so long as each party hereto has executed at least one such counterpart, this Lease shall be considered fully executed. Each such counterpart shall be deemed to be an original instrument; and all such counterparts together shall constitute but one Lease. Burden and Benefit. This Lease shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. Exhibits, and Other Writings; Merger. All exhibits and other attachments, if any, to this Lease are a part of this Lease, as if set out again in this Lease. In the event of any conflict between language in an exhibit and language in this Lease, the language of this Lease shall govern. 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 other written document described in this Lease, unless this Lease expressly identifies such other written document or agreement and states that this Lease supersedes such other document or agreement. Legal Representation and Rules of Construction. Ail 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 of 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. Notice. 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 mall-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: LEASE OF PARK LAND FOR MARINA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 page 4 To City: City Manager With a copy to: City of McCall 216 E. Park Street P. O. Box 986 McCall, ID 83638-0986 208-634-7142 208-634-3038 (facsimile) Harry Stathis Pres. With a copy to: Sta-Bax, Inc. P. O. Box McCall, ID 83638 208-634- (phone) 208-634- (facsimile) City Attorney City of McCall 216 E. Park Street P. O. Box 986 McCall, ID 83638-0986 208-634-7142 208-634-3038 (facsimile) Millemann, Pittenger & McMahon P. O. Box 1066 McCall, ID 83638 208-634-7641 208-634-4516 (facsimile) Either party may change its address for notice by written notice. Dated: Sta-Bax, Inc., City of McCall by: by: William M. Killen, Mayor Attest: James H. Henderson, Clerk by: Harry Stathis, Pres. , Secretary LEASE OF PARK LAND FOR MAR1NA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 p~e5 "Exhibit A" MCC 3-15-000 (B) provides in pertinent part 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 j uri sdiction. (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. 5. Public or commercial marinas, docks and piers are a conditional use and shall meet all requirements in 3-15-040(a) and in addition shall: (a) Provide an Environmental Assessment which addresses the issues identified by the Planning Commission upon initial inquiry by a person who proposes to become an applicant for such conditional use. (c) Have restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for other boat wastes, on or near and accessible from such facilities. (d) Meet all other building code and environmental requirements. LEASE OF PARK LAND FOR MARINA City and SI, printed March 1, 1996 approved by Council, February 29, 1996 page 6 PARKS AND RECREATION ADVISORY COMMITTEE MINUTES JUNE 5, 1992 I. ROLL CALL AND CALL TO ORDER Chair Killen called the meeting to order at 12:00noon. Committee members Grote, Martens, and Coyle answered the roll call. In addition Craig Baker, Bud Schmidt, Boyde Miller, and Jim Hardy were present. Chair extended welcome to new committee member Dennis Coyle. II. STATUE IN NEW PARK - BOYDE MILLER Mr. Miller informed the committee that he and the artist, Dennis Jones had visited the new park and would like to place the statue near the road in the South, East corner of the park. Committee decided to visit the new park during their spring tour of McCall Parks and Recreation facilities on Wednesday, June 17. III. SPORTS MARINA EXPANSION - JIM HARDY(ENCROACHMENT PERMIT ATTACHED). Mr. Hardy told the committee that he would like to expand the marina by 18 new slips which would accommodate 36 more boats. Administrator advised committee that it was not necessary for them to consider the parking issue as the Transportation Committee would deal with that issue in detail on Wednesday. After discussion concerning the Master Plan drawing with a public deck leading around the Marina's exsisting building, a dumpster sitting on public property, the external boat showroom, public safety due to traffic along lake street, Marina security problems from increased traffic around the Marina, and the upland access permit which the city has issued to the Marina, Grote moved to recommend to Council that it is the committee's intent to create an eight(8) foot path to be clearly marked with traffic paint straight past the east edge of the Sports Marina to connect Mill Park with the new park and that the sports Marina must clear away all impediments to public access on that strip, including boats, merchandise, cartons and dumpsters. On these conditions committee recommends counci 1 approve the Marina · s application. Martens seconded and the motion carried. Discussion also followed with Mr. Hardy about a better location of Gilbert Crane which is presently blocking the view from new lakefront park. IV. DOCK BUILDING ALONG LAKE STREET It has come to the attention of the committee that Mr. Andy Fin who has a upland access permit with the city for dock building along East Lake Street. After discussion Coyle moved to recommend to council that they recommend to the State Lands Department termination of Andy Fin's moorage rights. Killen seconded and the motion carried. Committee discussed future recommendation to come possible elimination of all dock building along parkway path as inconsistent with safety of parkway uses. V. WATERWAYS GRANT APPLICATION FOR NO WAKE BUOYS Staff informed committee that their Grant application for monies to purchase 26 No Wake Zone buoys had been turned down(attached letter). After a short discussion Coyle moved to recommend council find some way to allocate monies to purchase 26 No Wake Zone buoys or to investigate the possibilities of a adopt a buoy program. Martens seconded and the motion carried. Committee would also like to mark the swimming only area with cable and floats. No action taken. VI. FOOTLOOSE SUMMER FESTIVAL - BOB COOKE Staff informed committee that Mr. Cooke has made a request to reserve the new park for the Footloose Summer Festival. After discussion concerning fear of damage to the new sod, and the newness of the park in general. Martens moved to recommend to council denial of the request to use new park for the Footloose Festival this year. Coyle seconded and the motion carried. VII. RELOCATION OF CURBING Staff informed committee that some curbing from the north end of the park would be used on the south end of the park because it would; 1. Show there is no street going down the hill next to the Sportsman . 2. Preserve and define the walking path along east lake street. 3. Route water in a drain and prevent errosion along the east bank of the park. 4. Define where cars should be parked along East Lake Street. VIII. RIBBON CUTTING FOR NEW PARK A. Committee scheduled a formal ribbon cutting at the new park on Thurs~y, July 2, 1992 at 5:30pm B. Chair asked staff to research cost of and ability to obtain signage similar to Mill Park wooden entrance sign. IV. ADJOURNMENT 2:30pm Respectfully Submitted Kathy Killen, Chair Reminder: New park tour meeti~jJune 17th - l:00pm at Administrators home. June 1, 1992 TO: PARK AND RECREATION ADVISORY COMMITTEE TRANSPORTATION ADVISORY COMMITTEE FROM: CITY ADMINISTRATOR RE: ENCROACHMENT PERMIT APPLICATION, SPORTS MARINA The attached application was on the City Council's agenda for May 28. The Council referred this for review and recommendation to both advisory committees. The expectation is that parking, the park walkway, other matters will be considered in this discussion. and The date for response to the Idaho Department of Lands is June 22. The Council must receive your recommendations at their June 11 Council meeting to respond by that deadline. Bud STANLEY F. HAMILTON DIRECTOR MEMORA~NDUM TO: FROM: ~ "'""' 1910 NW BLVD, STE 201, COEUR D'ALENE, ID 83814-2615 ~ DATE Idaho Department of Fish and Game, McCall Idaho Department of Health and Welfare, McCall United States Coast Guard - Seattle, WA Unites States Army Corps of Engineers, Boise (G. Martinez) Valley County Commissioners Millpond Construction City of McCall Pitman, PE, Managerft~tfj W. R. Idaho Lake Protection Act ID OF LAN£ V¥~ g'~/'~ ~"~ ~ ~ "J-)~ A ~II$SION£R~ ' ney General J.D, WILLIAMS State Aua~lor JERRY L. EVANS Sup'l ol Pu~c SUBJECT: NOTICE OF APPLICATION - L-65-S-372E - SPORTS MARINA INC. Enclosed is an application and plats requesting permission to expand existing marina in Payette Lake. Please submit your recommendations to me by June 22, 1992, regarding the likely effect of the proposed encroachment upon adjacent property, lake, and streambed value factors of navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, or water quality. If you have concerns or are opposed to the project as proposed, please list your specific reasons for concern or opposition and any facts or documentation to support your position. You should recommend alternate plans if they are economically feasible to accomplish the purpose of the proposed encroachment. You should also recommend any mitigation measures or special restrictions/provisions you would like included as part of the permit if one is issued. If you do not submit a comment, I will assume you have no objections to the application. If you have questions concerning the application, I suggest you contact the applicant. If the applicant cannot answer your questions, please contact me at 208/765-5235. mc enclosures c: Surface Leasing Specialist - Boise Area Supervisor, Payette Lake KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER U.S. ARHY CORPS OF EHGIHEER$ ,' :,'~O '.' STATE OF IDAHO, DEPARTHENT OF HATER RESOURCES STATE OF ]DAHOo DEPARTMEHT OF LANDS The Department of the Army permit program ts authorized by Section XO of the River and Harbor Act of ]899 and Section 404 of the Clean Water Act. These laws require permits authorizing structures and work tn or affecting navigable waters of the United States and the discharge of dredged or fill material Into waters of the United States, Including their adjacent wetlands. State permits are required under the State of Idaho, Stream Channel Protection Act (Title 4Z, Chapter 38, Idaho Code) and the Idaho Lake Protection Act, Section 58-14Z et. seq, Idaho Code. This application will meet the requirements of the above agencies. The applicant has sent copies of this application to the agencies checked: ID Oept. Water Res. - BolseF-1 , Couer d'AieneF--I; iO Dept. Lands XL~ , Corps of Engineers - Walla Walla[-] . PLEASE TYPE OR PRIHT E ~ I. Corps of Engineers Date Received u State of Idaho Date Received NAHE OF APPLICANT SPORTS MARINA, INC. HAILIHG ADDRESS PO Box 869 McCall, ID 83638 Area Area PIIONE Work I~O~) ~'~4-~3~1. Home (208) Oate of Applicattnn M~rch 207 1992 634-595C AUTIIORIZED AGENT MAILING ADDRESS Area Area PHOHE Work ( ) Home ( Location where proposed activity exists or wtll occur. Hame of waterway Payette Lakes HcCall In or near city or town Valley Idaho Co un ty S tate 83638 Zip Code Tributary of Assessor's Desc. (Tax Humber or Subdivision, Lot & Block No.) NW part of Gov't Lot 2 S9 T18N R3E Section Townshtp Range Oescrtbe the proposed activity, Including description of the type of structures, tf any, to be erected on fills, or pile or float-supported platforms. If additional space is needed, use a separate sheet or Section 1S (Remarks). Oescrtl~e the proposed activity In detail: Extend encroachment 100' West inside' of existing breakwater For the addition of 18 boat slips Describe construction methods and equipment: Docks and s~ips position and anchored. Docks will be constructed stvrofoam toral]v encased with wo9~, will be prebuilt, floated of lo~ and slips will be into Length of project along the stream or extension into lake or reservoir: none Stream gradient: Additional 100' for total of 495' Will material be placed Waterward of ordinary high water mark? Wlll material be placed in adjacent wetlands? Type of ftll material: none Volume of material to be placed none Will excavation be required? no Hethod of diverting flow, tf needed: Method of controlling turbidity: none none none (I.e. sand, etc.) Material Source: (cubic yards) Oisposal Site Location: none checklist or comp et ng L e raw n§$. Purpose and intended use: Cora~erclM X Public Describe Private Other 11. Prbposed Starting Date June 1992 Estimated Duration 15 months If any por':l,m of the actlvtty Is complete Indicate ~onth and year of completion Indicate the existing ~ork on the drawings. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins ti. wa ter~ay. Niitpond Construction - Kevin Muir PO Box i/b5 208-347-2568 12. 13. LEGAL QWHER IF OILIER THAtl APPLICAffF HAILING ADDRESS Area PIIOHE Work [ City, State, Sip Code Area .o., ( List other applications, approvals or certifications from other Federal, Interstate, state, or local agencies for structures, constructions, discharges, deposits, or other activities described In this application. issuinq Agency T~pe Approval Identification Ho. Date oF Application Date of Approval lies any agency denied approval for the activity described herein or for any activity directly related to the acttv described herein/ [~¥ES F~HO .(If "Yes" explain) Remarks or additional Information: 16. ~Rppllcatlon is hereby made for a permit or permits to authorize the activities described herein.' ! certify that 1 familiar .Ith the information contained in this application, and that to the best of my knowledge and belief such Information Is true, complete, and accurate. ! further certify that I possess the authority to undertake the prop. a~tivttles. ! hereby grant to the agencies to which this application is mad.e, the right to come upon the above- d~scrlbed location to Inspect the proposed or compl'eted .ork. , Date ~t~ffature -of Appitcant' {Re.red) The appllcatlon'must be signed by the applicant. If an authorized agent ls to be designated, Item 4 and the follo~ Information should be completed. I hereby designate to act as ay agent tn matters related to this permit appllcatton. I understand that If a Federal permit ls lssued,"l must sign. the permit. ~te S~gnature of Authorized Ageny (lf appilcabi~) Signature of App~icant (if appitcablej 18 U.S.C. Section 1001 provides that: ~hoever, tn any manner ~lthtn the Jur~sdictlon of any department or agency o the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or devtce a material fa~: ar any false, ~c:tttous, or fraudulent statements or representations or makes or uses any false ~rttlng or document knowing same to contaln any false, fictitious, or frauduleht statement or entry, shall be fined not ~re than or Imprisoned not ~re than five .years, or both. OD not send a pe~It processing fee with this application. The appropriate fee w111 be assessed ~hen a pe~it, ls Issued. tlP;l Form 304 Ray ~7 (Rev) HOT SEHO PROCESSING FEE NITIi APPLICATION ID[IR Form 3804 May 87 (i' IA 2.77 ~ ~ __'~0o' Not ~o POLARIS January 17, 1996 McCall City Council City Hall McCall, Idaho 83638 Dear Council Members: Z2 j'ce,(4 % O'c'S— 2 Sports Marina REGAL On Beautiful Payette Lake 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. Sincerely, 414 James W. Hardy, President Sports Marina, Inc. RECEIVED A N 1 7 1996 1.1:CALL Post Office Box 869 • McCall, Idaho 83638 • 208-634-8361 • Fax 208-634-3272 City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL. 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 UDELL _ J ELAM 3 a J H Q CC 0 J W z 0 V 0 z Q Y w z CC 0 a 300 LENORA STREET McCALL, IOAHO 83638 0 0 0 P.O. BOX PHONE (208) 634-2108 or (208) 634-2100 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Corporations, 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 inprovements 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 98840. Dated this 15th day of July, 1984. UDELL , J ELAM ATTORNEYS AND COUNSELORS AT LAW 300 LENORA STREET McCALL, IDAHO 83638 CC 0 0 P.O. BOX PHONE (208) 634-2108 or (208) 634-2100 ASSIGNMENT OF LEASE PAGE 2 Assignors Sports Marina, Inc. 34"JAM4" James W. Hardy President Attest: rt /'/4/0 e efr_ Patricia F. Hardy Secretary Assignees Dean Weidner State of Washington+ ) tss. County of King. ) On this // day of 484, 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, (SS. County of Valley. Na,tar� Public Residing ats 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 300 LENORA STREET McCALL, IDAHO 83638 P.O. BOX 1300A 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 Pud 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 Dated this %aZ day of F984. Attest: aren Beckler City Clerk State of Idaho, ( ss. County of Valley. The City of McCall, a Municipal Corporation �j ` atdLl/ / By: Cl de L. Archer, Jr. Mayor On this / .42--/- day of li4/1F984, 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 ATTORNEYS AND COUNSELORS AT LAW 300 LENORA STREET McCALL, IDAHO 83638 P.O. BOX 1300A PHONE (208) 634-2108 or (208) 634-2100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ASSIGNMENT OF LEASE PAGE 4 affixed my official seal the day and year first above written. s Notary Public for Idaho Residing at McCall• Idaho ASSIGNMENT THIS AG1EEMENT, made and entered into this,f . day of r) 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, bA, agreement dated April, 1969, between CITY OF McCALL, a muni[tpal 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, 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 Note(s) hereto that this Lease Assignment is to held by Inter -Mountain State Bank. ASSIGNEE INTER -MOUNTAIN STATE BANK /2‹. ident The City of to the foregoing of ;Sports Marina event of default secure certain ASSIGNORS SPORTS MARINA, INC. President t.• BY' . G''i wiCGL •�. Secretary CONSENT TO ASSIGNMENT McCall, by and through its Mayor, hereby consents assignment for security of the leasehold interest , Inc., subject to the provision that in the and possession of the leasehold by the Inter - Mountain State Bank, the bank would subsequently party or parties acceptable DATED this 22 day Attest: STATE OF of transfer to a to the City of McCall, �t� gar Fogg, y IDAHO )ss. County of Valley ) , 1978. Idaho. CITY OF McCALL, a Municipal Corportei-0117 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. - 7 - IN WITNESS WHEREOF, I have hereunto set my hard and notary seal the day and year first written in this Certificate. /di:77es_ Notary Public for Idaho Residing at: /14_6,0 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 JAMES W. HARDY and PATRICIA r. 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. / i Notary Public 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 acknowledg 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 - t..t A tl wr•wos[ • FITZGERALD ♦1To•Ns1s AND COUNIII[LOM OM W1 MST Yf•Iw�N. le►Ne ••••1 unmade •••-44141 LEASE AGREEMENT THIS AGREEMENT OF LEASE, Made and entered into this day of April, 1969, by and between the CITY OF McCALL, a municipal corporation, hereinafter called Lessor, and A. R. KRIGBAUM and JAMES * 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 bounds 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, 196 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 boat marina, supply sales and other sporting goods, but not specifically limited to these items alone and shall be allowed to carry on business operations related to their general operation. It is understood that the Lessees beret shall use the premises in compliance with all Federal, State and ..II.>,,.1......_ i AMOROSO • ►ITZGERALD •TIORN[T1 AMO GOUMIELORI IISR EAST /IRIBT Mu101AR. IOAIIO TRLL►I.ORR /•••44111 s. municipal laws. That the Lessees plan to construct a building a docks on the leased premises and that they shall have the right make such alterations and changes as they deem necessary providi said changes or alterations do not conflict with any existing Federal, State or municipal ordinances. CONSTRUCTION: It is understood that the lessees contemplat constructing a building on the above mentioned real property. I is specifically agreed that the construction shall take place up and be limited to the property described in the legal above and that the lessees shall in no way encroach upon, use or inhabit t right-of-way which is. dedicated to the City of McCall and design as Lake Shore Boulevard. UTILITIES, LICENSES AND PERSONAL PROPERTY TAXES: Lessees a to pay all utilities, heat, electricity, licenses and personal property taxes. SIGNS: Lessees shall have the right to place advertising s on the buildings and premises. INSPECTION: Lessor shall have the right to enter upon said premises at reasonable times and at reasonable intervals for the purpose of inspecting the same. LIABILITY OF LESSORS: Lessees shall insure their belonging and property against fire in case they desire such protection an shall pay the premiums therefor. Lessees agree to save lessor harmless from any liability of any nature whatever by reason of personal injury to any person or persons on the leased premises, by reason of injury to any property located on said property cau by lessees' negligence. Lessees agree to cagy public liability insurance and workmen's compensation insurance for this purpose. t i I AMBROSE • FITZGERALD ATTONNR• AND COYN••LAINI •l• MAST PINT M[1111DIAN. IDANO TLL•►NO•R •fD-MIDI ABANDONMENT: In case the lessees shall abandon or vacate s+ premises, the lessor may, at its option and without notice to the 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 callin attention to the default complained of, and if lessees refuse or fail to remedy or disprove the default claimed within ninety (90 days from the mailing of said notice, lessor may take possession said premises and remove all persons and effects therefrom. In event lessees do not pay the rental or any part thereof by the t hereinbefore set forth, they shall be in default of the terms he and a notice shall be given as provided in this,paragraph, and i the event lessees fail to pay said rental within thirty (30) day from the mailing of such notice, lessor may take possession of s premises and remove all persons and effects therefrom, provided nothing that is contained herein shall be construed as an electi 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 agr ments herein contained shall extend to and bind the heirs, devisees, executors, administrator; successors and assigns of be the parties hereto. TERMINATION: Lessees agree that upaithe termination of thi lease they will remove all of their belongings from the premises immediately, and will deliver possession of the premises to the " - - A " -myna AMBROSE " " i tO[RAtD ATTORDIRTt AND CODNttLORR .tR CART FIRST M[IDDIAm. IDANO '[Lt1NONt 1111111.441111 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 si premises, including building, fire regulations and ordinances. ASSIGNING AND SUBLETTING: Lessees may assign this lease or sublet the premises in whole or in part provided they first obta 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 t title of this property nor to the Lessor's specific right to lea; 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, beir 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 thi 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 un, 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 at the same rental and under the same terms and conditions herein 10 • '..--,...omm i 10110ir- i nrzeuwas ATTOCNFA ANC COCNS21.01111 Aa un n11CT YCIIm1AN. ICANO •11I4! YjINONI 41l111.{41C1 STATE OF IDAHO ) ss. County of Valley ) On this W ° day of , 1969, before me, the under. signed, a Notary Public in and for said State, personally appeare( ` ZAs and City Clerk off the CITY OF McCALL, a municipal 2.4 orporationrt,knownn� to me to be the persons whose names are subscribed to the foregoir instrument, and acknowledged to me that they executed the same fot 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 above written. (SEAL) Notary Public for Idaho Residence: AV.e41.4e/ , Idaho. STATE OF IDAHO ) : ss. County of 4 11r ) On this p 11 day of , 1969, before me, the uncle] signed, a Notary Public in andltnaid State, personally appeared A. R. KRIGBAUM and JAMES X. 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) �`��4'Z "� Notary Public for Idaho Residence: Idaho. a set forth. The option to renew shall he exercised at least thirt (30) days prior to the termination of this lease by written notic 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 acknowledge and Lessees agree not to file the same for record so as to encucl the title, it being understood and agreed that Lessees' possessii 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. City Clerk mmmxis a r nomuLD •TTo11Mm ,ue GOur.nOGO w wT MOT 1401101Mi. �sAMs 1111642 Tau:ma a 11Ni4{f CITY OF McCALL, a municipal corporation. By: A-td,Lei fir_ Mayor LESSOR i�-7u �►,lR. Ki'igbay tn'l.Ca�W �y�C JaZ6e s W: Hardy Doing Business aSPORTS MARINA, a co -partnership. LESSEES POLARIS Sports Marina On Beautiful Payette Lake January 17, 1996 McCall City Council City Hall McCall, Idaho 83638 Dear Council Members: REGAL -� `v:-- 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. Sincerely, James W. Hardy, President Sports Marina, Inc. R.�CFIVED 3 7 1990 Post Office Box 869 • McCall, Idaho 83638 • 208-634-8361 • Fax 208-634-3272 City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 ASSIGNMENT OF LEASE PAGE I WHEREAS, on or about the 7th da~ of April, 1~69, Sports Marina, Inc., an Idaho corporation, therein referred to as "Lessee", did enter into an agreement for the lease of real estate uith The City of McCall, a Municipal Corporation,, therein referred to as "Lessor", bw which the Lessor and the Lessee agreed to lease, all that certain real propert~ 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 la, Block 4, McCall First Addition to the Village of McCall, Idaho, as extended westerly to the high eater mark of Big Payette Lake, and the South boundary line of Lot I of said Slock 4, extended westerly to the West boundary line of said Big Payette Lake, together with the inprovements thereonl and WHEREAS, Sports Marina, Inc., an Idaho CorPoration, no~ 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 describedl 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, SPores Marina, Inc., harmless from the Performance of said conditions and agreements, That any and all Nofiices 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 9884ffi. Dated this 15th day of July, 1~84. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~sstgnor! James H. I~rdy President A~ s i ghee ! Dean ~leidner Attest~ Patricia F. Hardy Secretar~ St&to of H&shington, ) (SS. County of King. ) undersigned~ a Notary Public in and for said st&te~ appeared Dean Heidner~ known to me to me the person whose name is subscribed to the within and foregoing instrument~ acknowledged to me that he executed the same. IN I. IXTNE.~$ WHEREOF~ ! have hereunto set my hand and State of Idaho, ) (SE;. County of Valley. On this 2~ day of undersigned~ ~ No~PM Publiic in ~nd before met the for said State, personally, appeared James W. Hardy and Patrtcia F. Hardy, known to me to be the President and Secretar¥~ respectivelv, of the Corporation tha~ executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS 14HEREOF, X have hereunto set my hand and 2 4 ]7 18 19 2O 21 22 23 24 25 ASSIGNMENT OF LEASE PAGE affixed mg official Seal the first above written. day &nd~/g'~r in this certificate Residing at McCallv Idaho. CONSENT TO ASSIGN Pursuant to that lease entered into on the 7th day of April, 19&9, b~ and between the Cit~ of McCall, a Municipal Corporation, therein referred to &s "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, toz Dean Weidner 4~&7 Forest Avenue Mercer Island, Hashtngton 9B040 Dated this The City of McCall, a Municipal Corporation Bys ClYde L. Archer, Jr. Beck 1 er City Clerk State of Idaho, ) ( ss. Count~ of Valley. ) On this /~2_~-- day of ~, before me, the undersigned, a Notar~ Public tn 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 the~ executed the same for and on behalf of the City of McCall, Valley County, Idaho. 26 IN WITNE~.S HHEREOF, X have hereunto set my hand and (,,) o [3 z z ~u ~: .J UJ © i.- 0 ~- n' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 &~ixed ASS I ~,NI'IENT OF LEASE Note, r' ~ Public fop Idaho McC&ll~ Id&ho PA~E 4 above ASSIGNMENT THIS AGREEMENT, made and entered into this .~day of ~'~,_,~3~__, 197~, 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 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 ~;est 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. ?~ereas, 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, 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 ASSIGNEE INTER-MOUNTAIN STATE BANK 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. ASSIGNORS SPORTS MARINA, INC. Secretary CONSENT TO ASSIGN~NT 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 ~__~__ day of ~~CITY,O~9~A~, a Municipal ..-%2..- .>' )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 co~oration that executed the instrument or the person who execute~ the instrument on behalf of said corporation, ~nd 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: /~6~fl 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 JA~S W. HARDY and PATRICIA F. HARDY, know~ 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 cey%ificate. 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 i~strument, and acknowledg~ 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 - LEASE AGRF_.EI~NT THIS AGREENEN~ OF LEASE, Made and entered into this ~_~ day of April, 1969, by and between the CITY OF McCALL, a municipal corporation, hereinafter called Lessor, and A. R. KRIGBAUM and JAMES'/, 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 consideratio~ 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 bounda 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 La 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 propertl shall be the sum of $1.00 per year, payable $1.00 on April 7, 196! 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 boat mart~, supply· sales and other sporting goods, but not Specifically limited to these items alone and ehall be allowed to carry on business operetions related to their general operation. It is understood that the Lessees heret shall use the premisea in compliance with all Federal, State and municipal laws. That the Lessees plan to construct a building az docks on the leased premises and that they shall have the right make such alterations and changes as they deem necessary ~rovidil said changes or alterations do not conflict with any existing Federal, State or municipal ordinances. CONSTRUCTION: It is understood that the lessees contemplat, constructing a building on the above mentioned real property. is specifically agreed the t the construction shall take place up, and be limited to the property described in the legal above and that the lessees shall in no way encroach upon, use or inhabit t right-of-way which ie dedicated to the City of McCall and design as Lake Shore Boulevard. UTILITIES, LICENSES AND PERSONAL PROPERTY TAXES: Lessees a to pay all utilities, heat, electricity, licenses and personal property taxes. SIGNS: Lessees shall have the right to place advertising s on the buildings and premises. INSPECTION: Lessor shall have the right to enter upon said premises at reasonable times and at reasonable intervals for the purpose of inspecting the same. LIABILITY OF LESSORS: Lessees shall insure their belongin~ and property against fire in case they desire such protection ar shall pay the premiums therefor. Lessees agree to save lessor harmless from any liability of any nature whatever by reason of personal injury to any person or persons on the leased premises: by reason of injury to any property located on said property ca~ by lessees' negligence. Lessees agree to ca~,~ public liability insurance and workmen's compensation insurance for this purpose ABANDONMENT: In case the lessees shall abandon or vacate premises, the lessor may, at its option and w~thout notice to 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 callin attention to the default complained of, and if lessees refuse or fail to remedy or disprove the default claimed within ninety (90 days from the mailing of said notice, lessor may take possession said premises and re~ove all persons and effects therefrom. event lessees do not pay the rental or any part thereof by the 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, prov~Jed nothing that is contained herein shall be construed as an electJ 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, administrator% 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 Wil'! deliver possession of the premises to the Lessor in as good condition as the lessees rece£ved the same, depreciation from the reasonable use and occupancy excepted. COMPLIANCE WITH LAW: Lessees agree to observe and comply w all rules, regulations and laws now in effect or which may be enacted during the ~ontinuance of this lease by any municipal, county, state or £ederal authorities having jurisdiction over sa premises, including building, fire regulations and ordinances. ASSIGNING AND SUBLETTING: Lessees may assign this lease or sublet the premises in whole or in part provided they first obta: 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 ti title of this property nor to the Lessor's specific right to leaf 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, bei~ responsible for all' costs of such de£ense and will not look to the Lessor in any manner whatsoever. Further, it is speci£ically understood that the Lessor shall in no way be responsible to the Lessees or any third party for any claims made resulting from 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 un, 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 at the same rental and under the same terms and ¢onditioms herein STATE OF IDAHO ) : SS. County of Valley ) On this ~ day of ~, 1969, before me, the under signed, a Notary Public in and/for said State, persondliy appeare ~7~.././ ~ and //~/~ ~4~'~.'~ , Mayor an City Clerk of the CITY OF McCALL, a municipal corporati-on, known to me to be the persons whose names are subscribed 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. (SSAL) -Notary Public for Idaho Residence: ~,~.~,~ , Idaho STATE OF IDAHO ) : SS. County of ~.__ ) On th~s ~ day of ~, 1969, before me, the und~ signed, a Notary Public in State, personally appeare¢ A. R. KRIGBAUM and JAMES.. HARDY, dba Sports Marina, a coo 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) Notary Public for Idaho Residence: __.~'.~,~, ~.__.,_, Idaho. set l,,rtb. Thc ,~ptic.~ Co re.er shall he exerclnod at lea#t thirty (30) days prior to the termination of this lease by vritten notice given to the Lessor by the Lessees, signifying the intention of t~Lessees to renew. This lease shall be executed in duplicate, one copy for the Lessor and one copy for the Lessees, the copies being acknowledge and Lessees agree not to file the same for record so as to encumb the title, it being understood and agreed that Lessees' possessio 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 [ease. 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 Clerk CITY OF McCALL, a municipal corporation. Mayor LESSOR · /..//(7- /~"~.'_,//,~ ...... · Ja~Y~ s R{~. Hardy - / Doing Business a~/SPORTS MARINA, a co-par tnership. ~SSEES [ll~AHO DF~'ARTMENT O~ L~lql~I SUBMERGED LANDS LEASE - COMMERCIAL Lease No. B.5007 This lease agreement is made and entered into by and between the State of Idaho, acting by and through the State Board of Land Commissioners (LESSOR) and STA-BAX, INC. (Lessee) P.O. BOX 1063, McCall, Idaho 83638, collectively referred to herein as the "Parties." In consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: This lease shall commence January 1, 1998 and terminate December 31, 2007. The LESSOR does hereby lease and demise unto the LESSEE, at the rate and for the use specified herein, the lands described as follows: A tract of land on the bed of Payette Lake adjacent to Block 4, McCall's First Addition to the Village of McCall, as shown on Encroachment Permit No. L-65-S-372E, in Section 9, Township 18 North, Range 3 East, B.M., containing 2.72 acres, more or less. [Valley County, LM20-10] In consideration of the foregoing, the covenants, restrictions and conditions in the attached, herein incorporated by reference, are hereby agreed to by LESSEE and LESSOR. ANNUAL RENT. The annual rent hereunder shall be a minimum of TWO HUNDRED FIFTY DOLLARS ($250.00) or 3.75% of annual gross receipts, whichever is greater, for the commerdal marina plus ONE THOUSAND DOLLARS ($1,000.00) or 2% times gross receipts, whichever is greater, for the retail sales building. LESSEE agrees to pay said minimum rent to LESSOR, in advance, on or before the 1st day of Janua7 of each year hereunder. Gross Receipts Report and Rent are due on or before February 1 of each lease year hereunder. Late payments will be assessed a fee as determined by the State Board of Land Commissioners. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year first above written. IDAHO STATE BOARD OF LAND COMMISSIONERS Secretary ofState Director, Department of Lands President of the State Board of Land Commissioners Governor of the State of Idaho STATE OF IDAHO, COUNTY OF ADA On this ~ day of in the year , before me, a Notary Public in and for said State, personally appeared Philip E. Butt, known to me to be the President of the Idaho State Board of Land Commissioners and the Governor of the State of Idaho; and Pete T. Cenarrusa, known to me to be the Secretary of the State of Idaho and Stanley F. Hamilton, known to me to be the Director, Department of Lands, that executed the within instrument, and acknowledged to me that the State Board of Land Commissioners of the State of Idaho and the State of Idaho executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last above wdtten. Notary_ Public Residence Commission Expires I LESSEE ... ..., , I ~Y~~.P ~e~ear ' ;~ ~ .be[oCe me, a ~ota~ Public in and for said I S~t~~~ ~'~;.~ ~;.~. ~,~.~,~ ~nown to I ~'~um~he~it~ ins~m~t, ~nd ackno~edged to me ~at they executed same. I IN ~ITNESS ~H~F, I ~av~ h~u~ set my hand and seal on the day and year last above wdffen. I Not~ublic ~~ ~0~ Residence '' Commission expires 5. Lessee's Compliance with Applicable Laws and Rules. A. Full Compliance. Lessee's use of the Leased Site shall fully comply with all statutes, ordinances, rules, regul,at~ons a.n.d laws ,of applicable federal, state and local governmental authorities. Lessee shall comply with all applicable rules ano regu ations ano standards promulgated by the State Land Board or the Idaho Department of Lands, including but not limited to the Rules Governing Leases on State-Owned Submerged Lands and Formerly Submerged Lands, IDAPA 20.03.17, which rutes are expressly incorporated by reference into this lease. B~ No Waste or Nuisance. Lessee shall not use the Leased Site in any manner that would constitute waste, nor shall the Lessee allow the same to be committed thereon. The Lessee shall not do anything which will create a nuisance or a danger to persons or property. 6. Environmental, Safety and Sanitary Requirements. A. Sanitary Requirements. Lessee shall at all times keep the Leased Site in a clean and sanitary condition, free of trash, noxious weeds, garbage and litter so that the Leased Site is maintained in as nearly natural state as possible. Lessee shall not dispose of sewage except in conformity with applicable federal, state, and local law, rules and regulations pertinent to Lessee's use. The Lessee shall store and dispose of all trash and garbage within conformity with all legal requirements. Lessee is responsible for all costs associated with sewage, garbage and litter disposal. B. Fire and Safety Regulations. Lessee shall comply with all applicable state laws and rules of the Department of Lands, for fire protection and prevention. Lessee agrees to keep the Leased Site free from fire hazards. Lessee is prohibited from burning of garbage or household trash. The burning of wood or other debds requires the prior wdtten permission of Lessor and must comply with applicable federal, state, or local law, regulation, rule or ordinance. C. No Hazardous Materials. Lessee shall neither commit nor permit the use, placement, transport or disposal of any hazardous waste such as oil, gasoline or any other substance that is or is suspected to be hazardous substance or material. Lessee shall be responsible, and shall pay all costs for the removal or taking other appropriate remedial action regarding any hazardous waste, substances, or materials which Lessee may have caused to be introduced on the Leased Site. Any such remediation or removal or storage must be conducted in accordance with applicable federal, state or local law, regulation, rule or ordinance. 7. No Warranty of Suitability. A. No Warranty. Lessee acknowledges that the Lessor, nor any agent or designee of the Lessor has made any representation or warranty with respect to the Leased Site or concerning the suitability of the Leased Site for the uses intended by the Lessee. Lessee acknowledges that it has accepted the Leased Site in an "AS IS CONDITION", accepting liability for any and all known or unknown faults therein. B. Quiet Enjoyment. Lessor agrees that the Lessee, upon payment of the rent and performing the terms of this Lease, may quietly have, hold and enjoy the Leased Site during the term hereof. Payment of Taxes and Assessments. The Lessee agrees to pay, when due, before delinquency, any real or perSonal property taxes, assessment or fees that may be assessed or levied by a governmental authority asserting such authority over the Leased Site or its improvements. Lessee shall make such payment directly to the taxing authority and hold Lessor harmless from any claim or assessment. Construction and Improvements. A. Water Development. Lessee shall not ddll or use a new water well, nor develop any use of any water source without firSt obtaining the pdor wdtten consent of the Lessor and the applicable governmental authorities responsible for adjudicating and developing water dghts. B. Construction of Improvements. Lessee may construct improvements upon the Leased Site under limited circumstances in accordance with the following conditions. Lessee must first obtain an Encroachment Permit under the Idaho Lake Protection Act, I.C. §§ 58-1301, et seq. The construction of the improvements must also comply with all applicable zoning and local building codes, to the extent they apply, and the rules and regulations of the Idaho Department of Lands. Lessee may not place a lien or encumber the Leased Site. C. Treatment of Approved Improvements Upon Lease Expiration. Upon expiration of this Lease or any renewal pedod, the Lessor shall have the dght to purchase the approved improvements from Lessee at the fair market value of the improvements as of the date of the lease expiration, or Lessor may require Lessee to remove all approved improvements placed or caused to be Submerged Lands Lease #B-5007 Page 2 of Attacl~ment A ATTACHMENT A Commercial Rent. Lessee shall pay the Lessor, as rent for the Leased Site, the following amounts, determined and payable in the manner and at the time set forth herein. Annual Rent. Lessee shall pay to Lessor as annual rent, without abatement, offset or deduction of any kind, unless allowed by this Lease, the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) or 3.75% of annual gross receipts, whichever is greater, for the commerdal madna plus ONE THOUSAND DOLLARS ($1,000.00) or 2% times gross receipts, whichever is gm, ater, . for the retail sales building. Gross receipts for the retail sales building will not include the sale of boat fuel. Each of saia annua rent payments will be made payable in advance beginning on the first day of January and on every anniversary thereafter. All rent shall be paid in lawful money of the United States of Amedca forwarded to the Lessor or as otherwise d rected by the Lessor in wdting. Gross Receipts and Rent Report. Gross receipts rent is due when the percentage of annual gross receipts exceeds the minimum rent amount. Lessee shall calculate gross receipts rent as follows: annual gross receipts multiplied by percentage less the minimum rent, equals gross receipts rent (gross receipts x % - minimum = gross receipts rent). If the percentage of gross receipts totals less than the minimum rent paid in advance for the lease year, then only the minimum rent is due - no gross receipts rent payment shall be due. Whether or not gross receipts rent is due, Lessee shall provide to Lessor, a verified report of gross receipts for the previous calendar year. Said report shall be due on or before February 1 of each year. Gross receipts rent shall also be due on or before February 1 of each year. It is incumbent upon Lessee to furnish said report and payment to Lessor without further notification. C. Annual rent subject to modification. Lessor reserves the right to increase or decrease the annual rent to be paid by the Lessee effective on January 1 of any calendar year by first providing Lessee with one hundred and eighty (180) calendar days prior written notification of the change in the annual lease amount. Late Payment Fee. Any late payment of annual rent shall be cause for the Lessor to declare a default herein. If any rent payment is not made to Lessor on or before January 1 as provided herein, the Lessee shall pay to the Lessor, as a late payment fee an amount equal to $25.00 or one percent (1%) of the amount due, whichever is greater, plus one percent (1%) per month of said amount due including interest thereafter until paid in full. E. Bond. Lessee shall submit a performance bond in favor of the state of Idaho and in a format acceptable to the director. The amount of the bond shall be FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00). 2. Ri,qht to Renew. Lessor grants to Lessee the option to renew this Lease for one additional term of ten (10) years commencing upon expiraaon of the odginal Lease, provided that wdtten notice of the exercise of the option shall be given by Lessee to Lessor at least ninety (90) calendar days prior to the expiration of this Lease. This option to renew may be exerdsed by Lessee only in the event that: (1) all rents due have been paid in full; (2) Lessee continues to hold a valid Encroachment Permit and is in compliance with all the provisions of the Encroachment Permit; and (3) Lessee has complied with all provisions of this Lease and fully and faithfully performed all obligations herein. 3. Use of Premises. The leased site shall be used for a commercial marina and a retail sales business in accordance with Encroachment Permit No. L- 65-S-372E and any successor permit. This Lease is contingent upon Lessee continually maintaining and complying with the provisions contained in the Encroachment Permit. Any new or change of use requires Lessor's pdor wdtten amendment of the Encroachment Permit and prior wdtten adjustment of this Lease Agreement. 4. Sublease and Assi,qnment. A. Sublease. This Lease may not be subleased without first Lessee obtaining the pdor wdtten consent of Lessor, or Lessor's designee. B. Assignment. This Lease may not be assigned without first Lessee obtaining the pdor wdtten consent of the Lessor, or Lessor's designee. Submerged Lands Lease #B-5007 Page I of Attachment A placed upon the Leased Site and have the Lessee restore the Leased Site to as nearly natural condition as practicable. The removal of the approved improvements shall be at the Lessee's sole cost and expense as will be the restoration of the Leased Site. Lessee shall maintain the Leased Site free of any encumbrance or lien. Non-Approved Improvements. Any improvements to the Leased Site which are not approved by Lessor shall be removed by the Lessee at the Lessee's sole cost and expense. Upon the expiration of the lease term if unapproved improvements remain on the Leased Site, then Lessor may remove such unapproved improvements and charge the cost of removal and restoration to Lessee. Lessee shall also be responsible for all collection costs including legal fees and interest. 10. Relations of the Parties. Lessee is not an officer, employee or agent of the Lessor. Lessee covenants that it will satisfy and hold Lessor harmless against any lien, judgment or encumbrance filed or made against the Leased Site at the Lessee's sole and separate cost or expense. 11. Insurance. Lessee shall purchase and keep in force all insurance required by this Lease, including business interruption insurance to the extent it is available, to assure, payment of the annual rental rate. ccommemial General Liabili~. Lessee shall obtain, at Lessee's expense, and keep in effect during the term of this Lease, ommercial, General, Uabillty Insurance covedng bodily injury and property damage. This insurance shall include personal injury coverage, contractual liability coverage for the indemnity prowded under this Lease. Coverage shall be combined sing e limit per.o~u .ff. en. ce which shall not be less than ONE MILLION DOLLARS ($1,000,000.00) or the equivalent. Each annual aggregate ~imi[ snail not be less than ONE MILLION DOLLARS ($1,000,000.00), when applicable. Additional Insured. The liability insurance coverage, required for performance of the Lease shall include the State of Idaho, the Board of Land Commissioners, and the Department of Lands, its officers agents and employees as Additiona nsureds, but only with respect to the Lessee's activities arising dudng the performance of this Lease. There should be no cancellation, material change, potential exhaustion of aggregate limits or intent not to renew nsurance coverages w thout thirty (30) calendar days written notice from the Lessee or its insurer to the Department of Lands. Any failure to comp y with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not effect coverages provided to the State of Idaho, the Board of Land Commissioners and the Department of Lands, its officers and employees. 12. Indemnification. Lessee shall indemnify, defend and save harmless the Lessor, the State of Idaho, its officers, agents and employees from and against any liability, claims, damages, losses, expenses or actions, including reasonable attorneys' fees, caused by or arising out of the performance, act or omission of Lessee, or Lessee's agents, or employees or otherwise arising out of the use or occupation of the Leased Site; or arising from the Lessee or Lessee's agents, or employees failure to comply with any applicable state, federal, or local law, statute, rule, regulation or act. This indemnification shall survive the termination or expiration of this Lease. 13. Inspection and Audit Riqhts. A. Inspection by Lessor. Lessee shall permit Lessor, or Lessor's authorized agent or designee to inspect and enter the Leased Site and any improvements at any reasonable time. Bo Audit Rights. The Lessor shall have the right to audit, in such a manner at all reasonable times as it deems appropriate, all activities of the Lessee arising in the course of its undertakings under this Lease. Lessee must maintain its books, records, do_cum.e.n!s, and other evidence of accounting in accordance with general y accepted accounting pdnc pies so as to properly reflect ils business. 14. Reservations by Lessor. The Lessor expressly reserves and excepts the following rights from the Lease: A. The dghts and interests of the public in the Leased Site under the Equal Footing and Public T~st Doctrine. B. NI dghts for oil and gas, geothermal rights, mineral rights, easements and rights-of-way, fee title to the Leased Site, and title to all appurtenances and improvements placed thereonby the Lessor. C. The right to grant easements over the Leased Site, providing, said easements do not conflict with the approved improvements installed and maintained or operated by the Lessee upon the Leased Site. Submerged Lands Lease #B-5007 Page 3 of Attachment A D. The dght to require that changes are made to the sanitation or other facilities for the protection of public health, safety or preservation of the Leased Site. E. The right to issue leases for exploralion and development of oil, gas, geothermal and mineral resources or any other lease, so long as such other use does not materially interfere with the authorized use under this Lease. 15. Lessee's Default. 16. Lessee's breach of any of the terms of this Lease or a breach of any of the terms of the applicable Encroachment Permit is a basis for termination of the Lease. Lessee's violation of any Land Board or Department of Lands rule or regulation currently or hereafter adopted is a further basis for termination of this Lease. Lessor shall provide Lessee written notice of the breach for violation and, if applicable, the corrective action required of Lessee. The notice shall specify the reasonable time to make a correction or cure the violation or breach. If the corrective action or cure is not taken within the spedlied lime or does not occur, then the Lessor, or Lessor's designee shall cancel the Lease effective on the date spedfieq in the wdtten cancellation notice, provided however, that the notice shall be provided to lessee no later than thirty (30) calendar days prior to the effective date of such cancellation. Notices. 17. Any notice or demand given under the terms of this Lease shall be deemed given and delivered on the date when personally delivered or if mailed, the date same is deposited in the United States Mail, and mailed by registered or certified mail, return receipt requested, postage prepaid and propedy addressed to the appropriate party. Until changed by notice in writing, notice, demands and communications shall be addressed as follows: TO: Idaho Department of Lands TO: 954 W. Jefferson St. P.O. Box 83720 Boise ID 83720-0050 Sta-Bax, Inc. P.O. BOX 1063 McCall ID 83638 Waiver. The waiver by the Lessor of any breach of any term, covenant or condition of this Lease shall not be deemed to be a waiver of any past, present or future breach of the same or any other term, covenant or condition of this Lease. The acceptance of rent by the Lessor hereunder shall not be construed to be a waiver of any term of this Lease. No payment by the Lessee of a lesser amount than shall be due according to the terms of this Lease shall be deemed or construed to be other than a part payment on account of the most recent rent due, nor shall any endorsement or statement of any check or letter accompanying any payment be deemed to create an accord and satisfaction. 18. Attorneys' Fees and Costs. In the event that either party to this Lease shall interpret or enforce any of the provisions hereof by any action at law or in equity, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses, including reasonable attorneys' fees, accountants' fees and appraisers and fees of other experts, ~ncurred therein by the prevailing party, including all such costs and expenses incurred with respect to an appeal and such may be included in the judgment entered in such action. 19. Surrender of Leased Site. Upon the expiration of this Lease term, all right, title, and interest of Lessee to any of the improvements constructed upon or placed upon the Leased Site that are not removed shall be deemed to revert to the State of Idaho. Lessee upon termination of this Lease shall quietly surrender the Leased Site to Lessor. 20. Officials, A.qents and Employees Not Personally Liable. In no event shall any official, officer, employee or agent of the State be in any way personally liable or responsible for any covenant or obligation contained in this Lease, express or implied, nor for any statement, representation or warranty made in connection herewith. 21. Miscellaneous. Modification. This Lease may be modified in any particular only by the prior wdtten consent of the authorized representatives of the Lessor and Lessee. Complete Statement of Terms. No other understanding, whether oral or wdtten, whether made pdor to or contemporaneously with this Lease, shall be deemed to enlarge, limit or otherwise effect the operation of this Lease. Submerged Lands Lease #B-5007 Page 4 of Attachment A C. Lessee's Non-Discrimination. Lessee shall not discriminate against any person because of race, creed, religion, color, sex, national odgin or disability. D. Paragraph Headings. The paragraph headings, titles and captions used in this Lease are for convenience only and are not part of the Lease. E. Entire Agreement. This Lease contains the entire agreement between the parties as of the date concerning the subject matter hereof and supersedes a I prior agreements. The execution of this lease has not been induced by either party, or any agent of either party, be representations, promises or undertakings not expressed herein and, further, there are not collateral agreements, stipulations, covenants, promises, inducements or undertakings whatsoever between the respective parties concerning this Lease except those which are expressly contained herein. F. Goveming Law and Forum. This Lease shall be construed in accordance with and governed by the laws of the State of Idaho and the parties consent to the jurisdiction of Idaho State Courts located in Ada County in the event of any dispute with respect to this Lease. G. Binding on Heirs and Successors. It is understood and agreed that all terms, covenants and conditions hereof shall be binding upon the approved sublessees, approved assignees and i. essee's heirs or successors in interest. H. Severability. In the event any provision of this Lease shall be held invalid or unenforceable aocording to law, for any reason whatsoever, then the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. I. The Lessee shall provide, at no cost to the Lessor, a boat slip for the Lessor's use in administering and policing the waters of Payette Lake. Submerged Lands Lease #B-5007 Page 5 of Attachment A MEMORANDUM Date: February 23, 1996 To: Council From: Jim Henderso Subject: Property Tax Inf• - Sports Marina According to the County Auditor's Office, the improvements (real property only) of the Sports Marina are valued at $168,684. This equates to $906.64 to the city in property taxes. The property that is subject to the lease is bare ground. JH/JH POLARIS Sports Marina On Beautiful Payette Lake January 23, 1996 McCall City Council City Hall McCall, ID 83638 RE: Lease Agreement - Sports Marina, Inc. REGAL We wish to withdraw our request to extend our lease, as per our letter of January 17, 1996. Thank you. Sincerely ,reL..,,..r 44AZ l 0047 James W. Hardy President Sports Marina, Inc. Post Office Box 869 • McCall, Idaho 83638 • 208-634-8361 • Fax 208-634-3272 City of'McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 June 2, 1992 Jim Hardy Sports Marina P.O. Box 869 McCall, Idaho 83638 Dear Jim, On May 28, the City Council referred your request for additional boat slips to the Park and Recreation Advisory Committee and to the Transportation Committee. The Park Committee will be meeting to consider this on Friday, June 5 in the City Hall conference room. I hope you can attend. The Transportation Committee will meet on Wednesday evening, June 10 also at City Hall at 7 p.m. Please let me know if you can attend. Sincerely, Arthur J. Schmidt, City Administrator