HomeMy Public PortalAbout1992.07.01 Sports Marina Parking AgreementATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
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PARKING AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS, the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969; and
WHEREAS, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
FAX (208) 634-2201
PHONE (208) 634-2200
1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that
use, adjacent to railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current
list of the names and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the Marina to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations upon east Lake Street or Mill
Road; and
6. In the event that a lessee or lessees of the
Marina are convicted of or otherwise plead guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, on east Lake Street
or Mill Road, during the course of a calendar year, or (ii)
the City receives signed, written complaints from private
property owners, alleging unauthorized parking by Marina
lessees on private property, in the immediate vicinity of the
Marina, then the City shall have the right to require that the
Marina provide up to eighteen (18) off-street private parking
spaces for its marina lessees, which requirement shall not be
imposed without prior written notice to the Marina and an
opportunity for the Marina to be heard before the City
Council.
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement - Page 2.
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ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
McCALL, IDAHO 83638
FAX (208) 634-2201
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8. The City shall be allowed to mark a pedestrian
lane, no closer than twenty-one (21) feet to the existing
building and no more than eight (8) feet in width, similar to
and keeping with the marked walkways on the city street right-
of-way of East Lake Street. The Marina shall not park or
place boats for sale, dumpsters, merchandise, cartons and
other personal property within said walkway. This provision
shall be subject to review by the parties each year.
9. The parties shall inform and advise the Idaho
Department of Lands that an agreement has been reached between
the parties and the conditions set forth in the letter from
the City of McCall, dated the 15th day of June, 1992, have
been met.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and affixed their seals as of the day and year
first above written.
Parking Agreement - Page 3.
SPORTS MARINA, INC.
CITY OF McCALL, IDAHO
ATTEST:
City Clerk
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PARKTNG AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS, the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969; and
WHEREAS, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space; and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
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1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that
use, adjacent to railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current
list of the names and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the. Marina to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations in the immediate vicinity of the
Marina; and
6. In the event that a lessee or lessees of the
Marina are convicted of or otherwise plead guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, in the immediate
vicinity of the Marina, during the course of a calendar year,
or (ii) the City receives signed, written complaints from
private property owners, alleging unauthorized parking by
Marina lessees on private property, in the immediate vicinity
of the Marina, then the City shall have the right to require
that the Marina provide up to eighteen (18) off-street private
parking spaces for its marina lessees, which requirement shall
not be imposed without prior written notice to the Marina and
an opportunity for the Marina to be heard before the City
Council.
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement - Page 2.
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8. The City shall be allowed to mark a pedestrian
lane, no closer than twenty-one (21) feet to the existing
building and no more than eight (8) feet in width, similar to
and keeping with the marked walkways on the city street right-
of-way of East Lake Street. The Marina shall not park or
place boats for sale, dumpsters, merchandise, cartons and
other personal property within said walkway. This provision
shall be subject to review by the parties each year.
9. The parties shall inform and advise the Idaho
Department of Lands that an agreement has been reached between
the parties and the conditions set forth in the letter from
the City of McCall, dated the 15th day of June, 1992, have
been met.
IN WITNESS W~EREOF, the parties have hereunto set
their hands and affixed their seals as of the day and year
first above written.
SPORTS MARINA, INC.
By:
President
CITY OF McCa?.?., IDAHO
By:
Mayor
ATTEST:
City Clerk
Parking Agreement - Page 3.
FROM
MESSAGE:
C ~T"¢ OF
PO. BOX '~085
:',,~ u C."~,LL, IDAHO
REPLY
REPLY
DATE SIGNED
SEND PARTS 1 AND 3 INTACT-PART I WILL BE RETURNED WITH REPLY
RMCC - 868 - 3
ORIGINATOr'S COPY
ORIGINATOR DETACH AND FILE FOR FOLLOW UP
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PARKING AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS, the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969; and
WHEREAS, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
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ATTORNEY AND COUNSELOR AT LAW
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1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that
use, adjacent to railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current
list of the names and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the Marina to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations upon east Lake Street or Mill
Road; and
6. In the event that a lessee or lessees of the
Marina are convicted of or otherwise plead guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, on east Lake Street
or Mill Road, during the course of a calendar year, or (ii)
the City receives signed, written complaints from private
property owners, alleging unauthorized parking by Marina
lessees on private property, in the immediate vicinity of the
Marina, then the City shall have the right to require that the
Marina provide up to eighteen (18) off-street private parking
spaces for its marina lessees, which requirement shall not be
imposed without prior written notice to the Marina and an
opportunity for the Marina to be heard before the City
Council.
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement - Page 2.
FRANK T. ELAM
ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
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8. The City shall be allowed to mark a pedestrian
lane, no closer than twenty-one (21) feet to the existing
building and no more than eight (8) feet in width, similar to
and keeping with the marked walkways on the city street right-
of-way of East Lake Street. The Marina shall not park or
place boats for sale, dumpsters, merchandise, cartons and
other personal property within said walkway. This provision
shall be subject to review by the parties each year.
9. The parties shall inform and advise the Idaho
Department of Lands that an agreement has been reached between
the parties and the conditions set forth in the letter from
the City of McCall, dated the 15th day of June, 1992, have
been met.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and affixed their seals as of the day and year
first above written.
Parking Agreement - Page 3.
SPORTS MARINA, INC.
By:
CITY OF McCALL, IDAHO
By.
Mayor
ATTEST:
City Clerk
('~DAHO Dg'ARTMENT OF L,~NDSJ
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 l, 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 commercial 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 January 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 of State
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. Bart, 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 written.
Notary. Public Residence Commission E×Dires
STATE OF COU OF /
On this ~.-~'."-]~ Zd~y(~~ ip the year '-'~'.~? before me., a Nota~ Public in and for said
State, parse'- ,. -~ ,. / known to
me to be th~EE ~at~u~a~h~ i~m~t~nd acknowled~d to me that they executed same.
IN WITNESS WH~F, I on the day and year last above
hav~~ sexy hand and seal - wri~en.
"~ot~?~ublio ].-x~:R~. ~ ~esi~ehse ' ~ommission expires
5. Lessee's Compliance with Applicable Laws and Rules.
Full Compliance. Lessee's use of the Leased Site shall fully comply with all statutes, ordinances, rules, regulations a.n.d laws ,of
app icable federal, state and local governmental authorities. Lessee shall comply with all applicable rules and regu a[ions 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 Formedy Submerged Lands, IDAPA 20.03.17, which rules are
expressly incorporated by reference into this lease.
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.
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 heady 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.
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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 pdor wdtten permission of Lessor and must
comply with applicable federal, state, or local law, regulation, rule or ordinance.
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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.
8. 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.
9. Construction and Improvements.
Bo
Water Development. Lessee shall not drill or use a new water well, nor develop any use of any water source without first
obtaining the pdor written consent of the Lessor and the applicable governmental authorities responsible for adjudicating and
developing water rights.
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.
Treatment of Approved Improvements Upon Lease Expiration. Upon expiration of this Lease or any renewal period, the Lessor
shall have the right 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 Attachment A
ATTACHMENT A
Commercial
1. 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 commercial madna plus ONE THOUSAND DOLLARS ($1,000.00) or 2% times gross receipts, whichever is greater,
for the retail sales building. Gross receipts for the retail sales building will not include the sale of boat fuel. Each of said annual
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 directed by the
Lessor in writing.
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.
VVhether or not gross receipts rent is due, Lessee shall provide to Lessor, a vedfied 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.
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. Right to Renew.
Lessor grants to Lessee the option to renew this Lease for one additional term of ten (10) years commencing upon expiration of the
originalLease, 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 exercised 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 madna 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 pdor wdtten adjustment of this Lease Agreement. .
4. Sublease and Assignment.
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 prior written 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.
Commercial General Liability. Lessee shall obtain, at Lessee's expense, and keep in effect during the term of this Lease,
Commercial, General, Liability Insurance covering bodily injury and property damage. This insurance shall include personal
injury coverage, contractual liability coverage for the indemnity provided under this Lease. Coverage shall be combined single
limit per occurrence which shall not be less than ONE MILLION DOLLARS ($1,000,000.00) or the equivalent. Each annual
aggregate limit shall 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 Additional Insureds, but
only with respect to the Lessee's activities arising during the performance of this Lease. There should be no cancellation,
matedal change, potential exhaustion of aggregate limits or intent not to renew insurance coverages without thirty (30)
calendar days written notice from the Lessee or its insurer to the Department of Lands. Any failure to comply 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, osses, expenses or actions, including reasonable attorneys' fees, caused by or adsing out of
the performance, act or omission of Lessee, or Lessee's agents, or employees or otherwise adsing out of the use or occupation of
the Leased Site; or arising from the Lessee or Lessee's agents, or employees ~ailure 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 Ri.qhts
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.
Audit Rights. The Lessor shall have the dght 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,
documents, and other evidence of accounting in accordance with generally accepted accounting principles so as to properly
reflect its business.
14. Reservations by Lessor.
The Lessor expressly reserves and excepts the following fights from the Lease:
A. The rights and interests of the public in the Leased Site under the Equal Footing and Public Tr~Jst Doctrine.
B. All rights for oil and gas, geothermal fights, mineral dghts, easements and fights-of-way, fee title to the Leased Site, and title to
all appurtenances and improvements placed thereon by 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 dght to issue leases for exploration 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.
17.
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 wdtten 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 specified time or does not occur, then the Lessor, or
Lessor's designee shall cancel the Lease effective on the date specified in the wdtten cancellation notice, provided however, that
the notice shall be provided to lessee no later than thirty (30) calendar days pdor to the effective date of such cancellation.
Notices.
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:
Waiver.
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
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
eenSUccessfut party to such litigation agrees to pay to the prevailing party all costs and expenses, including reasonable attorneys'
s, accountants' fees and appraisers and fees of other experts, incurred 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 dght, 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.
A. Modification. This Lease may be modified in any particular only by the pdor wdtten consent of the authorized representatives
of the Lessor and Lessee.
B. Complete Statement of Terms. No other understanding, whether oral or written, whether made prior to or contemporaneously
with this Lease, shall be deemed to enlarge, limit or otherwise effect the operation of this Lease.
Submerged Lands Lease #B-5OO7
Page 4 of Attachment A
Fo
Lessee's Non-Discrimination. Lessee shall not discriminate against any person because of race, creed, religion, colorl sex,
national origin or disability.
Paragraph Headings. The paragraph headings, titles and captions used in this Lease are for convenience only and are not
part of the Lease.
Entire Agreement. This Lease contains the entire agreement between the parties as of the date concerning the subject matter
hereof and supersedes all 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.
Governing 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.
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 Lessee's heirs or successors in interest.
Severability. In the event any provision of this Lease shall be held invalid or unenforceable according 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.
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
Leland "Lee" G. Heinrich
VALLEY COUNTY
IDAHO P. O. Box 1350 / 219 North Main Street / Cascade, Idaho 83611-1350
CLERK OF THE DISTRICT COURT
EX-OFFICIO AUDITOR & RECORDER
November 6, 2001
Robert Strope, Manager
City of McCall
216 East Park Street
McCall, ID 83638
Recorders Office (208) 382-7100
Court Office (208) 382-7178
FAX (208) 382-7107
E-Mail: Iheinrich@co.valley.id.us
Dear Robert:
Carol Coyle has presented a request to the Valley County Waterways for financial
assistance to repair the City of McCall's docks located near the Sports Marina.
Most projects approved by the Waterways Committee involves a cooperative venture
where various entities all participate financially, but in this particular project Waterways did
commit $5,595.00 for the first phase of repairs with the understanding that the City will
participate in future phases. (. ��� ; __, _ T-uf'� <<�.
There was also a great deal of discussion concerning what the obligation of your Lessee
is to assist in the maintenance costs of the docks. It would seem like a cooperative effort by the
City of McCall, your Lessee and Valley County Waterways would be the solution for completion
of this dock project.
Waterways has also had several complaints that the pumpout station is not functioning
properly. Since they funded a portion of this project, could you provide a status report on its
functionality.
Waterways looks forward to continued cooperative efforts with the City of McCall and
would invite you to attend any of their scheduled meetings held the first Tuesday of each month.
Sincerely,
Le F G. Heinrich
V. ey County Clerk
alley County, Idaho
cc: Waterways Committee
Carol Coyle
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prepared by
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McCall, ID 83638
208-634-2686
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SKETCH SHOWING
PROPERTY LEASE TO THE SPORTS MARINA
Situate in Government Lot 2,
Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley Co., Id.
March, 1996
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
council 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. ADJOURNMENT 2:30pm
Resp ctfully Submitted
Kathy Killen,
Chair
Reminder: New park tour meetins June 17th - 1:OOpm 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, and
other matters will be considered in this discussion.
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
U.5. ARMT CORPS OF ENGINEERS
• Atm
STATE OF IDAHO, DEPARTMENT OF WATER RESOURCES
STATE OF IDAHO, DEPARTMENT OF LANDS
The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404
of the Clean Water Act. These laws require permits authorizing structures and work in 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 42, Chapter 38. Idaho
Code) and the Idaho Lake Protection Act, Section 58-142 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 Dept. Water Res. - Boise Q
Couer d'Alene ; ID Dept. Lands , Corps of Engineers - Walla Walla �.
Corps of Engineers
Date Received
PLEASE TYPE OR PRINT
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2. State of Idaho / 4" 6.5 - 5 3 ?.2. • , E 2
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Date Received 3 —2 3 — i 2-
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3. NAME OF APPLICANT SPORTS MARINA, INC.
MAILING ADDRESS
PO Box 869
McCall, ID 83638
Area Area
PHONE Work MR) 614—S ify] Home ( 208) 634-5950
Date of Application March 20, 1992
4. AUTHORIZED AGENT
MAILING ADDRESS
Area
PHONE Work ( )
Area
Home ( )
5. Location where proposed activity exists or will occur.
Name of waterway Payette Lakes
McCall
In or near city or town
Valley
Tributary of
Assessor's Desc. (Tax Number or Subdivision, Lot 6 Block No.)
NW part of Gov't Lot 2
Idaho 83638 S9 T18N
R3E
County State Zip Code Section Township Range
6. Describe the proposed activity, Including description of the type of structures, 1f any. to be erected on fills. or
pile or float -supported platforms. If additional space is needed, use a separate sheet or Section 15 (Remarks).
,
Describe the proposed activity in detail: Extend encroachment 100' West inside of existing
breakwater For the addition of lit boat slips
Descritie construction methods and equipment: Docks and slips will be prebuilt, floated into
Position and anchored. Docks will be constructed of log and slips will be
stvrofoam totally encaspd with wood.
Length of project along the stream or extension into lake or reservoir: Additional 100' for total of 495
none
Stream gradient:
Will material be placed waterward of ordinary high water mark? none
Will material be placed in adjacent wetlands?
none
Type of fill material: none (1.e. sand. etc.) Material Source:
Volume of material to be placed none
(cubic yards)
Will excavation be required? n o Disposal Site Location:
Method of diverting flow, 1f needed: none
Method of controlling turbidity: ___ none
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PARKING AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st
day of July, 1992, by and between Sports Marina, Inc., an
Idaho corporation, with its principal place of business in
McCall, Valley County, Idaho, Post Office Box 869, McCall,
Idaho 83638, (hereinafter referred to as "Marina") and the
City of McCall, in the County of Valley, State of Idaho, Post
Office Box 1065, McCall, Idaho 83638, (hereinafter referred to
as "City").
RECITALS
WHEREAS, the Marina is the Lessee from the City for
the property, above the highwater mark of the Payette Lake,
upon which the Marina is located, under a lease agreement
dated the 7th day of April, 1969; and
WHEREAS, the Marina has received a lease and permit
from the Department of Lands for use and occupation of the
lands, below the highwater mark of the Payette Lake, adjacent
to the leased property; and
WHEREAS, the Marina has applied to the Department of
Lands of the State of Idaho for expansion of its docking
facilities, by Eighteen (18) slips; and
WHEREAS, the City received notice from the Idaho
Department of Lands of the application by Marina for expansion
of its existing docking space and, as a riparian owner, the
City was invited to make such comment or recommendations as it
deemed appropriate; and
WHEREAS, the matter was referred to the City's Traffic
Advisory Committee and the Parks and Recreation Committee,
which considered the application and made certain
recommendations which were contained in the minutes of said
meeting; and
WHEREAS, the City Council reviewed the recommendations
of said committees at its June 11, 1992 regularly scheduled
meeting; and
WHEREAS, the City Council voted unanimously to recommend
approval of the Marina's application, contingent upon
preparation and execution of a written Agreement confirming
parking and the use of the street frontage.
NOW, THEREFORE, the parties agree as follows:
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ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
CO
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McCALL, IDAHO
P.O. BOX AP
FAX (208) 634-2201
PHONE (208) 634-2200
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1. As regards the issue of parking for the new marina
slips, the Marina lessees shall be allowed to park in the area
available on City owned property, to be developed for that
use, adjacent to railroad street, subject to the covenants and
restrictions recited herein;
2. The Marina shall provide the City with a current
list of the names and vehicle license plate numbers of each
lessee of a marina slip, which list shall be used by the City
to monitor the extent, if any, to which Marina lessees are
violating the McCall Parking Ordinances;
3. The City shall promptly provide the Marina with a
copy of any parking tickets or citations issued to any of the
Marina's lessees as well as a copy of the Order or other
document confirming the final disposition regarding each said
citation;
4. The City shall promptly provide the Marina with
notice of any complaint received regarding any alleged
unauthorized parking by the Marina's lessees on private
property;
5. The Marina shall incorporate into its marina slip
leases, provisions providing for the right by the Marina to
revoke a lease in the event that a lessee receives and is
convicted of or pleads guilty to more than two (2) parking
citations or tickets from the City of McCall during any
calendar year for violations upon east Lake Street or Mill
Road; and
6. In the event that a lessee or lessees of the
Marina are convicted of or otherwise plead guilty to a total
of more than thirty (30) (i) parking citations or tickets from
the City of McCall for parking violations, on east Lake Street
or Mill Road, during the course of a calendar year, or (ii)
the City receives signed, written complaints from private
property owners, alleging unauthorized parking by Marina
lessees on private property, in the immediate vicinity of the
Marina, then the City shall have the right to require that the
Marina provide up to eighteen (18) off-street private parking
spaces for its marina lessees, which requirement shall not be
imposed without prior written notice to the Marina and an
opportunity for the Marina to be heard before the City
Council.
7. The Marina shall actively promote and support a
resolution to the McCall downtown parking problem.
Parking Agreement - Page 2.
FRANK T. ELAM
ATTORNEY AND COUNSELOR AT LAW
203 E. LAKE ST., SUITE 9
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8. The City shall be allowed to mark a pedestrian
lane, no closer than twenty-one (21) feet to the existing
building and no more than eight (8) feet in width, similar to
and keeping with the marked walkways on the city street right-
of-way of East Lake Street. The Marina shall not park or
place boats for sale, dumpsters, merchandise, cartons and
other personal property within said walkway. This provision
shall be subject to review by the parties each year.
9. The parties shall inform and advise the Idaho
Department of Lands that an agreement has been reached between
the parties and the conditions set forth in the letter from
the City of McCall, dated the 15th day of June, 1992, have
been met.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and affixed their seals as of the day and year
first above written.
Parking Agreement - Page 3.
SPORTS MARINA, INC.
By.
P3�sident
���V1.I.Wii Al";'?
CITY OF McCALL, IDAHO
By:
Mayor
ATTEST:
City Clerk
zazm®.ear.zr. arezzsvzs NOBWAIBITTOSITS
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
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.
Sincerely,
�cQ Ed Parker
Parker
Chief of Police
EP/nbl
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.
Background
1. 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.
2. SI leases submerged property adjacent to the west from the state Department of
Lands.
3. 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.
4. 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
6. 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."
7. Use and Benefit. The marina must exist for the use and benefit of the people of
McCall, permanent or seasonal. The right 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.
8. 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
right 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
/—mac/ �a,/
page 1
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;
9. 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.
10. 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.
11. 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.
12. 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
insurance against 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.
10. 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.
11. 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
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.
12. Heirs. Successors. and Assigns. This Lease shall bind and inure to the benefit of the
heirs, successors and assigns of the parties.
13. 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.
14. 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 Attomey 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.
15. 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.
16. Governing Law. This Lease is governed by the law of Idaho, and Valley County, Idaho
is the proper venue.
17. 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.
18. Time of the Essence. Time is of the essence with respect to the obligations of the parties
under this Lease.
19. 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
page 3
20. 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 rights, powers or remedies at any other time or with respect to any other
occurrences. Any waiver of any right, power or remedy must be done in a writing
executed by the party to be charged with such waiver, and executed with no fewer or
different formalities and approvals than were attendant upon execution of this Lease. Any
waiver of a breach of a covenant, term or condition of this Lease shall not be deemed a
waiver of any other breach of the same or any other covenant, term or condition of this
Lease. Acceptance of overdue performance of a covenant, term or condition of this Lease
shall not constitute a waiver of the breach existing prior to the performance, unless so
agreed in writing by the recipient of the performance.
21. 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.
22. 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.
23. Burden and Benefit. This Lease shall bind and inure to the benefit of the parties and their
respective heirs, legal representatives, successors and assigns.
24. 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.
25. Legal Representation and Rules of Construction. All parties to this Lease have been
represented by legal counsel at all stages of the negotiations for and the preparation of
this Lease, including during the proceedings relating to the approval 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.
26. 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 mail-o-gram or by recognized courier delivery (e. g.
Federal Express, UPS, DHL, etc.) addressed to the parties, as the case may be, at the
address set forth below or at such other addresses as the parties may subsequently
designate by written notice given in the manner provided in this section:
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)
To SI: 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:
City of McCall
by:
William M. Killen, Mayor
Attest:
James H. Henderson, Clerk
Sta-Bax, Inc.,
by:
Harry Stathis, Pres.
by:
, Secretary
LEASE OF PARK LAND FOR MARINA
City and SI, printed March 1, 1996
approved by Council, February 29, 1996
page 5
"Exhibit A"
MCC 3-15-040 (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 jurisdiction.
(b) Be used to provide access to boats.
(c) Be floating or held on pilings.
(d) Be built with chemically inert materials; and foam materials shall
be fully enclosed.
(e) Not be constructed in whole or part by or in association with
excavation or dredging, unless a conditional use permit has first
been issued.
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
DEPARTMENT OF LAW
MEMORANDUM
Date: November 2, 1992
To: City Clerk
File No:
From: City Attorney
Re: Sports Marina Parking Agreement
I have as requested by the Council reviewed the Parking
Agreement proposed to be signed by the City and by Sports
Marina, Inc. It conforms to the agreement approved by
Council subject to my approval as to form; the problems of
form I had with it have been corrected. It is appropriate
that the City now execute it.
T y/9 2s-
C� v3U4
A.SNAKE RIVER VALLEY CABLEVISION, ASSIGNMENT TO FALCON
CORP., CATV LEASE:
After discussion with John West, Area Manager for Snake
River, Larson moved to approve the assignment of the Cable
Television franchise to Falcon Corp. LeBrett seconded and
the motion carried.
Resolution 35-92 was introduced to confirm this
transfer. Larson moved to adopt Resolution 35-92, VanKomen
seconded and the motion carried.
B. PARKING AGREEMENT, SPORTS MARINA
After review of the agreement, Wallace moved to approve
the agreement with the Sports Marina subject to approval
by the city attorney. VanKomen seconded and the motion
carried.
XI. BOARD, COMMITTEE AND COMMISSION MINUTES REQUIRING
ACTION:
A. PARK AND RECREATION ADVISORY COMMITTEE, AUGUST 18,
1992:
1. BIRD HOUSE: The Committee recommended that the city
accept the offer of a bird house as a gift from the
Frazee family. VanKomen moved to accept the Committee
recommendation. LeBrett seconded and the motion carried.
2. GOUL ACCESS RIGHTS: The Committee recommended that
the legal staff be directed to provide an opinion on the
status on the Goul and Muir upland access permits along
the new parkway. Wallace moved to adopt the Committee's
recommendation. LeBrett seconded and the motion carried.
XII. CORRESPONDENCE:
Letters from Mary Chaney and Mary Hamilton were noted.
Larson moved to acknowledge receipt of the correspondence.
VanKomen seconded and the motion carried.
XIII. INFORMATION ITEMS:
The following items were listed:
A. Letter from Jamie Shropshire from Attorney Burton
regarding Open meetings;
B. Memo from Mayor Smith regarding Airport Power line
easement.
XIV. ADJOURNMENT:
At 9:48 without further business, Wallace moved to
adjourn, VanKomen seconded and the mo�t�o�n rrie
Mayor
TO
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FROM
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CITY OF McCALL
P.O. BOX 1065
McCALL, IDAHO 83638
(208)-634-7142
SUBJECT
MESSAGE:
ORIGINATOR -DO NOT WRITE BELOW THIS LINE
08 1/1/��
REPLY TO
SIGNED
DAT
REPLY
DATE
SIGNED
SEND PARTS I AND 3 INTACT -PART 1 WILL BE RETURNED WITH REPLY
RMCC - 868 - 3
RETURN TO ORIGINATOR
ORIGINATOR DETACH AND FILE FOR FOLLOW UP
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l i k e l y e f f e c t o f t h e p r o p o s e d e n c r o a c h m e n t u p o n a d j a c e n t p r o p e r t y , l a k e ,
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K E E P I D A H O G R E E N
P R E V E N T W I L D F I R E
E Q U A L O P P O R T U N I T Y E M P L O Y E R
JOINT APPLICATION FOR PERMIT
U.S. ARMY CORPS OF ENGINEERS
• ,• AND
STATE OF IDAHO. DEPARTMENT OF WATER RESOURCES
STATE OF IDAHO, DEPARTMENT OF LANDS
The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899 and Section 404
of the Clean Water Act.. These laws require permits authorizing structures and work in 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 42, Chapter 38. Idaho
Code) and the Idaho Lake Protection Act, Section 58-142 et. seq. Idaho Code. This application will meet the requirements
of the above agencies.
The applicant th--as7 sent copies of this application to the agencies checked: ID Dept. Water Res. - Boise Q
Couer d'Alene ; ID Dept. Lands f , Corps of Engineers - Walla Walla Q .
A PLEASE TYPE OR PRINT A
G G
t 1. Corps of Engineers l 2. State of Idaho l 65 - S 37 a
r �
Date Received Date Received 3 - 23 -
u
s- u
r s
E
3. NAME OF APPLICANT SPORTS MARINA, INC. 4. AUTHORIZED AGENT
MAILING ADDRESS PO Box 869 MAILING ADDRESS
McCall, ID 83638
Area Area
PHONE Work (0081 614—R361 Home (_208) 634-5950
Date of Application March 20, 1992
Area
PHONE Work ( )
Area
Home ( )
5. Location where proposed activity exists or will occur.
Name of waterway
McCall
Payette Lakes Tributary of
In or near city or town
Assessor's Desc. (Tax Number or Subdivision. Lot 8 Block No.)
NW part of Gov't Lot 2
Valley Idaho 83638 S9 T18N
R3E
County §tate Zip Code Section Township Range
6. Describe the proposed activity, Including description of the type of structures, if any, to be erected on fills, or
pile or float -supported platforms. If additional space is needed. use a separate sheet or Section 15 (Remarks).
Describe the proposed activity In detail: Extend encroachment 100' West inside of existing
breakwater For the addition of 18 boat slips
Descrltie construction methods and equipment:
Docks and slips will be prebuilt, floated into
position and anchored. Docks will be constructed of log and slips will be
styrpfaam totally encased with wood_,_
Length of project along the stream or extension into lake or reservoir: Additional 100' for total of 495'
Stream gradient: none
Will material be placed waterward of ordinary high water mark? none
Will material be placed In adjacent wetlands? none
Type of fill material: none (1.e. sand, etc.) Material Source:
volume of material to be placed none (cubic yards)
Will excavation be required? no Disposal Site Location:
Method of diverting flow. if needed: none
Method of controlling turbidity: none
7. Preparation of drawings. One set of original or good quality reproducible drawings must be attached to this apple
tlon. NOTE: DRAWINGS NO LARGER THAN 81 X 11 INCHES IN SIZE. See the Instruction pamphlet for instructions and
checklist for completing the drawings.
8. Purpose and Intended use:
Commercial X Public
Describe
Private Other
9. Proposed Starting Date June 1992 Estimated Duration
15 months
10. if any nor..1)n of the activity is complete indicate month and year of completion
Indicate the existing work on the drawings.
11. Names. addresses and telephone numbers of adjoining property owners. lessees. etc., whose property also adjoins ti.
wa terway
Millpond Construction — Kevin Muir
PO Box 1/.55
Mca11, 1D 83638
208-347-25668
12. LEGAL OWNER
IF OTHER THAN
APPLICANT
MAILING ADDRESS
PHONE
Area
Work ( )
City, State,
Zip Code
Area
' Home ( )
13. 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.
issuing Agency
Type Approval Identification No. Date of Application Date of Approval
14. Has any agency denied -� —a1pproval for the activity described herein or for any activity directly related to the actly
f
described herein/ t� YES Q NO ,(If "Yes" explain)
15. Remarks or additional information:
16..Appllcation is hereby made for a permit or permits to authorize the activities described herein.' I certify that I
familiar with the lnformatlon contained In this application, and that to the best of my knowledge and belief such
information is true. complete. and accurate. i further certify that I possess the authority to undertake the propu
aFtivtties. I hereby grant to the agencies to which this application is made. the right to come upon the above -
described location to Inspect the proposed or completed work.
March 20, 1992
Date
4
S g ature of App cant Req ed
The application must be signed by the applicant. If an authorized agent 1s to be designated. item 4 and the follov
information should be completed.
I hereby designate to act as my agent in matters related to this permit
application. I understand that if a Federal permit is issued. I must sign the permit.
Date Signature of Authorized Ageny (if applicable) Signature of Applicant (if applicable)
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency o
the United ';Cates knowingly falsifies. conceals. or covers up by any trick, scheme, or device a material fact or and
any false, fictitious. or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false, fictitious, or fraudulent statement or entry. shall be fined not more than $10,0
or imprisoned not more than five years. or both. Do not send a permit processing fee with this application. The
appropriate fee will be assessed when a permitis issued.
DO NOT SEND PROCESSING FEE WITH APPLICATION
- !IN Form 304 ' ` " IDUR Form 3804
May 87 (Rev) May 87 (
300
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