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Home My WebLink About80Jan18 Lease CorrespondenceC I P 0 September 27, 1979 Cherry Lane Recreation, Inc. Cherry Lane Village Golf Course Cherry sane Village Meridian, Idaho 83642 Re: City of Meridian Golf Course Lease to Cherry Lane Recreation, -Iso. Gentlemen: Please find enclosed a copy of a default notice that the City of Meridian has received from Leavitt-NuPacif is which has been served on the City pursuant to the Agreement between those two P4rties. As you are aware, in the City of Meridian Lease of the golf course to Cherry Lane Recreation, Inc., you assumed all the duties and responsibilities of the City of Meridian under the Leavitt-RUPaCific and City of Meridian Agreement. THEREFORE# YOU ARE HEREBY NOTIFIED that you are in default of your Agreement of Lease with the City of Meridian, dated October 3, 1978, in the same particulars and fashion as net forth in the default letter from Thomas L. Leavitt, Attorney for Leavitt-NuPacific, dated September 24, 1979, which was received by the City of Meridian today, September 27, 1979. Said letter is attached hereto and by said reference incorporated herein as if set forth in full and shall be treated as the defaults of the City of Meridian to Cherry Lane Recreation, Inc. For your failure to correct the above defaults in thirty (30) days from receipt of this notice, your lease of the golf course shall be terminated and forfeited. 11Wkam 14olosore Co. City of Meridian Thomas !. 14avitt Ivor J. wagetais Very truly Yours, WAYNE G. CROOKSTON# JR., Attorney for City of Meridian C 0 P October 23, 1979 Thowas E. Leavitt Alhadeff, Imavitt & Wesley Third & Blanchard Building 2134 Third Avenue Seattle, Washington 98121 3 Be: Cherry Lane Vi nage Golf Course Dear Tom: please find enclosed a copy of Cherry Lane Recreation, Int.'s response to the City of Meridian's default notice, a copy of which was f4gwarded to you, pertaining to the golf course lease. Mr. ig' a letter is incorporated herein as if set forth a" you are to treat it as the res- ponse of the ciarAlor Meridian to your default letter of Septesber 24, 1979, which Was received by the City on Septowbe r 27, 1979. WOC,/pb Enclosure Very truly yours, Wayne G. Crookston, Jr. JOHN L. RUNFT IVER J. LONGETEIG DAVID J. STECHER TERRY E. COFFIN JOHN F. ADLARD 0 0 RUNFT & LONGETEIG, CHARTERED ATTORNEYS & COUNSELORS AT LAW 420 WEST BANNOCK STREET P.O. BOX 953 BOISE, IDAHO 83701 (208)345-6521 October 23, 1979 VIA HAND DELIVERY Wayne G. Crookston Jr., Esq. P. O. Box 427 929 East lst Street Meridian, Idaho 83642 Re: City of Meridian Golf Course Lease to Cherry Lane Recreation, Inc. Dear Mr. Crookston: C.C., /11,4 yak - 14fl-c," P y WAYNE L. KIDWELL OF COUNSEL This letter is in response to your letter of September 27, 1979, notifying my client, Cherry Lane Recrea- tion, Inc., of certain alleged defaults in the lease between the City and my client, as well as in the underlying Agreement between the City and Nu Pacific Company. It is the position of Cherry Lane Recreation, Inc., that: 1. It is not now, nor has it been, operating the golf course in such a manner as to constitute a breach of either agreement, or 2. If there has ever been a breach by my client, it is now cured. With respect to the three specific allegations raised by the attorney for Nu Pacific in his letter to the City of September 24, 1979, my client responds that: 1. The course's golf professional was removed for cause very late in the golf season. It is neither practical nor necessary to employ a professional during the winter months. My clients are presently seeking a qualified pro- fessional for employment at or before the start of the golf season next spring. 2. The problem of "inadequate personnel for proper groundskeeping" is responded to in two ways: ,p 0 ' Kunj`T& LONGETEIG, CHARTERED - 420 WEST BANNOCK STREET - P.O. BOX 953 - BOISE, IDAHO 83701 Wayne G. Crookston, Jr., Esq. October 23, 1979 Page Two • a. The inadequate design and installation of the sprinkler system by Nu Pacific (modified by Nu Pacific since the date of its letter) created any problems which were present; and b. In spite of those problems, Cherry Lane Recreation, Inc. has managed to keep the grounds in excellent condition for the first year of operation. 3. Food service is regularly available. 4. Nu Pacific's allegation regarding "the general appearance and atmosphere" of the golf course is too vague to either support a declaration of default or to make a response. Therefore, my client is not in default of its agree- ment with the City. By extension, the City is not in default of its agreement with Nu Pacific. A We welcome your continued interest in our operation. Very truly yours, IVER J. LONGETEIG Attorney for Cherry Lane Recreation, Inc. IJL:3ec cc: Mayor, City of Meridian Alh-adeffy Leavitt & Wesley Clerk of the City Council City of Meridian Idaho 728 Meridian Street Meridian, Idaho 83642 Re: Cherry Lane Village Golf Course Dear Madam Clerk: This office represents Leavitt Nupacific Company and this letter concerns that certain Agreement dated the 3rd day of October, 1978 by and between the City of Meridian and Leavitt Nupacific Company. By letter dated the 24th day of September, 1979 which was written by the law firm of Alhadeff, Leavitt & Wesley on behalf of Leavitt Nupacific Company, the City of Meridian was advised that it was in default of the above- described Agreement for the reasons set forth in the letter. That letter served as formal notice, pursuant to the terms of the above-described Agreement, that the City was in default of the Agreement and that unless the City took immediate steps to cure the default within the thirty (30) day time period provided by the Agreement, Leavitt Nupacific would exercise its option to have title to the property revested in Leavitt Nupacific. Our client is in receipt of the response of the City to that letter of the 24th day of September, 1980, which consists of a letter from Mr. Wayne G. Crookston, Jr. Mr. Crookston's letter incorporated the response of the Cherry Lane Recreation, Inc. PLEASE BE ADVISED that our client considers the City still in default of the terms of the above-described Agree- ment in that the City has failed to cure the default described in the default notice of September 24, 1979 within the thirty (30) day time period. LAW OFFICES GIVENS, MCDEVITT, PUBSLEY & WEBB MN1 1 SUITE BOO, STATEHOUSE SQUARE `- - - - "' 802 WEST BANNOCK STREET N 198 n AN POST OFFICE BOX 2720 BOISE, IDAHO 83701 RAYMOND D. GIVENS TELEPHONE CHAS. F. MCDEVITT (208) 342-0671 KENNETH L. PURSLEY JAY L. WEBB — January 18, 1980 LEO EDWARD MILLER CAROL A. HANSBERGER Clerk of the City Council City of Meridian Idaho 728 Meridian Street Meridian, Idaho 83642 Re: Cherry Lane Village Golf Course Dear Madam Clerk: This office represents Leavitt Nupacific Company and this letter concerns that certain Agreement dated the 3rd day of October, 1978 by and between the City of Meridian and Leavitt Nupacific Company. By letter dated the 24th day of September, 1979 which was written by the law firm of Alhadeff, Leavitt & Wesley on behalf of Leavitt Nupacific Company, the City of Meridian was advised that it was in default of the above- described Agreement for the reasons set forth in the letter. That letter served as formal notice, pursuant to the terms of the above-described Agreement, that the City was in default of the Agreement and that unless the City took immediate steps to cure the default within the thirty (30) day time period provided by the Agreement, Leavitt Nupacific would exercise its option to have title to the property revested in Leavitt Nupacific. Our client is in receipt of the response of the City to that letter of the 24th day of September, 1980, which consists of a letter from Mr. Wayne G. Crookston, Jr. Mr. Crookston's letter incorporated the response of the Cherry Lane Recreation, Inc. PLEASE BE ADVISED that our client considers the City still in default of the terms of the above-described Agree- ment in that the City has failed to cure the default described in the default notice of September 24, 1979 within the thirty (30) day time period. Clerk of the City Council Page Two January 18, 1980 DEMAND IS HEREBY MADE upon the City of Meridian, pursuant to the terms of the above-described Agreement, to immediately convey the property upon which the nine -hole golf course is situated to our client, Leavitt Nupacific Company, free and clear of all encumbrances. ALSO PLEASE BE ADVISED that Leavitt Nupacific Company intends to enter upon and take possession of the property upon which the first nine holes of the golf course is located as of.January 23, 19,$0, or on the date that the City conveys title of this property to Leavitt Nupacific, whichever date is earlier. We expect to receive in this office a duly executed and acknowledged Warranty Deed from the City conveying the golf course property to Leavitt Nupacific, free and clear of all encumbrances, no later than January 23, 1980. GIVENS Mc By cc: Colleen Eggert Joe Glaisyer, Mayor Bill Brewer, City Councilman Ric Orton, City Councilman Grant Kingsford, City Councilman Richard Williams, City Councilman John Fitzgerald, City Attorney SLEY & WEBB er, Of the Firm