The URL can be used to link to this page

Home My WebLink AboutLease TerminationMarch 12, 1999 Mayor & City Councilmembers City of Meridian 33 E. Idaho Meridian, ID 83642 888-4433 Re: Temporary Location of Temporary Club House Dear Gentlemen I request to meet with you to discuss the temporary location of the temporary Club House. Due to situations beyond my control with Steiner Development, I need to request your approval of this temporary location and solution. Please notify me when we can meet hopefully at your next City Council meeting on March 16th, 1999 as this requires urgency. I appreciate your help concerning this situation. Sincerely Wally Lovan Cherry Lane Recreation, Inc. Jones .Gledhill .Hess . Andrews . Fuhrman Bradbury & Eiden, P.A. A T T O R N E Y S A T L A W Stephen A. Bradbury February 12, 1999 Mr. Wally Lovan Cherry Lane Golf Club 2070 Interlachen Way Meridian, ID 83642 Re: Notice of Termination of Lease with Steiner Development, LLC Dear Mr. Lovan: This firm represents the legal affairs of Steiner Development, LLC. It is our understanding that the Cherry Lane Golf Club facilities are located on real property owned by Steiner Development pursuant to the terms of a one- year lease agreement which expired some time ago. You have, nevertheless, with Steiner Development's permission, held over on a month-to-month basis. As you know, Steiner Development is in the process of developing the land on which your golf club facilities are located, making it necessary that those facilities be relocated. You are, therefore, hereby notified that effective April 15, 1999, your lease agreement with Steiner Development shall be deemed terminated and that you must, on or before that date, vacate the premises and remove therefrom all items of personal property belonging to you. Please understand that in order to avoid any interference with or delay in Steiner Development's development plans, it is essential that you strictly adhere to their requirement that you vacate the premises by April 15, 1999. Accordingly, please execute the acknowledgement provided below acknowledging receipt of this notice and agreeing to vacate the premises by the date indicated, and return it to me no later than February 16, 1999. P.O. Box 1097 • 877 Main Street, Suite 500 • Boise, Idaho 83701 Phone (208) 331-I 170 • Fax (208) 331-1529 E-Mail Address: jg@idalaw.com Mr. Wally Lovan February 12, 1999 Page 2 Should you fail or refuse to do so, I have been instructed to immediately commence legal proceedings seeking your eviction from the premises. Your prompt attention to this matter is, therefore, essential. Very truly yours, ~0~-~~~;3C,~-~ teph A. Bradbury SAB:II THE UNDERSIGNED, Wally Lovan, hereby acknowledges receipt of the foregoing notice of lease termination and agrees to vacate the leased premises no later than April 15, 1999. Wally Lovan Jones .Gledhill .Hess . Andrews • Fuhrman ` BradburX & Eiden, P.A. A T T O R N E Y S A T L A W Stephen A. Bradbury February 26, 1999 Mr. Wally Lovan Cherry Lane Golf Club 2070 Interlachen Way Meridian, ID 83642 Re: Steiner Development, LLC/Cherry Lane Golf Course Clubhouse Dear Mr. Lovan: Thank you for your telephone call the other day. As you know, Steiner Development is making plans to commence construction of its residential development on the property where the Cherry Lane Golf Course Clubhouse is located. In my letter to you dated February 12, 1999, I advised you that as of April 15, 1999 your lease agreement with Steiner Development for that property will be terminated and that it would be necessary for you to have vacated the premises and removed therefrom all items of personal property belonging to you on or before that date. I also asked that you acknowledge your receipt of my letter and indicate your agreement to vacate the premises by that date. Although you advised me during our conversation that you had received my letter, you have not returned the acknowledgement as I requested. In any event, during our conversation you indicated that you were in the process of making arrangements to have the clubhouse building moved from Steiner Development's property to a new site but indicated that you were having some difficulty in making the appropriate arrangements, the precise nature of which I do not fully understand. Although you did not specifically say so, I gathered from our conversation that you might like to remain on the site beyond April 15. I indicated that although I did not know exactly what Steiner Development's construction schedule was, I did P.O. Box 1097 • 877 Main Street, Suite 500 • Boise, Idaho 83701 Phone (208) 33 I - 1170 • Fax (208) 33 I - 1529 E-Mail Address: jg~idalaw.com Mr. Wally Lovan February 26, 1999 Page 2 understand that Steiner Development did want to commence construction as soon as weather would permit. I did advise you, nevertheless, that if you wanted to make a specific proposal to Steiner Development regarding your continued occupancy of the leased premises, you should deliver it to me in writing and I would pass it on to Mr. Steiner. It is important, however, for you to understand that in the absence of any agreement to the contrary, your lease will be deemed terminated as of April 15, 1999, and that if you have not vacated the premises on or before that date, we will immediately commence eviction proceedings against you. Accordingly, your prompt attention to this matter would certainly be in your best interest. Very truly yours, ~ // ~- ~ `7t.-li(.t ~5teph A. Bradbury SAB:II cc Doug Campbell Sandy Clay ` ~ Jones .Gledhill • Hess . Andrews . Fuhrman Bradbury & Eiden, P.A. A T T O R N E Y S A T L A W Stephen A. Bradbury March 3, 1999 BY HAND DELIVERY Mr. Wallace D. Lovan Cherry Lane Recreation, Inc. 2070 Interlachen Way Meridian, ID 83642 Re: Notice of Termination of Lease Dear Mr. Lovan: This follows my correspondence to you dated February 1 2, 1 999 and February 26, 1999. In my letter to you dated February 12, 1999 I advised you that Steiner Development is in the process of developing the land on which your golf club facilities are located, making it necessary that those facilities be relocated. Accordingly, I notified you that effective April 15, 1999, your lease agreement with Steiner Development would be deemed terminated and that you must, on or before that date vacate the premises and remove therefrom all items of personal property belonging to you. Ir! order to be certain that you understood and acknowledged your obligation to do so, I requested that you execute the acknowledgement provided at the end of that letter and return it to me no later than February 16, 1999. If you failed to do so, I advised you, I would immediately commence legal proceedings seeking your eviction from the premises. Unfortunately, you have failed to return the acknowledgement as I requested. P.O. Box 1097 • 877 Main Street, Suite 500 • Boise, Idaho 83701 Phone (208) 331- 1170 • Fax (208) 331- I S29 E-Mail Address: jg(r~iidalaw.com Mr. Wally Lovan March 3, 1999 Page 2 'Accordingly, you and Cherry Lane Recreation, Inc. are hereby notified that the notice of termination provided to you dated February 12, 1999, is modified as follows: Effective April 2, 1999 (which date is 30 days from the date of this notice) the lease agreement between Steiner Development, LLC and Cherry Lane Recreation, Inc. (or Wallace D. Lovan, as the case may be) for the premises located at 2070 Interlachen Way, Meridian, Idaho, shall be deemed terminated and that you and Cherry Lane Recreation, Inc. must, on or before that date, vacate the premises and remove therefrom all items of personal property belonging to you and/or Cherry Lane Recreation, Inc. Please understand that in order to avoid any interference with or delay in Steiner Development's development plans, it is essential that you strictly adhere to the requirement that you vacate the premises on or before April 2, 1999. It is Steiner Development's intention to begin site work for its development on the premises immediately after April 2, 1999. The contemplated site work includes, but is not limited to excavation for roadways and utilities. Once site work begins, members of the public will not be permitted to enter or cross the development site and all access to your club house facilities will be eliminated. If you have not removed your club house facilities on or before the commencement of construction, Steiner Development cannot be responsible for any loss, liability or damages which may result to your business or your property. Please also be advised that in the event you and/or Cherry Lane Recreation, Inc. have not vacated the premises by the date indicated, Steiner Development will immediately take such legal action as may be appropriate under the circumstances, including but not limited to actions for eviction and for the recovery of any damages which Steiner Development may incur as a consequence of your refusal to vacate the premises. In such an event, Steiner Development will seek all attorney fees and costs incurred in pursuing those claims. r, ~, Mr. Wally Lovan March 3, 1999 Page 3 Although Steiner Development has no desire to engage in litigation, it is firm in its resolve that you be required to vacate the premises as requested. Under the circumstances, it seems to me that it would be in your best interest to do so. Very truly yours, to hen A. Bradbur P Y ~'~ SAB:II cc Lquis J. Steiner Doug Campbell ~~ ~~ ~ Y d ~~ t • ~D ` ' ~ i1 ~ u .~ ,~ n ~ ~ ,. ~. _ 1 ~ ~ ~^ ~ ~ ~~ e R! ^ ~ CITY OF MEFIIDIAN Will Berg City Clerk 33 E Idaho Meridian Idaho 83642 Dear Will, Subject Golf Course Lease Cherry Lane Golf Course 2070 Interlachen Way Meridian Idaho 83642 (208) 888-4080 Enclosed please find payment on the first years lease payment. There was a misunderstanding in a Golf Course meeting last summer about its use to help finish the construction of the new "9" holes. Sorry about the misunderstanding, L%'~ Wallace D Lovan _ Cheery Laney Golf Course HERRY LANE GOLF CLUB USBANK 3042 2070 INTERLACHEN WAY 92.372/1231 MERIDIAN, IDAHO 83642 (208) 688.4080 DATE AMOUNT Mar 4, 1999 *****$6,000.00* Memo: 771 PAY SIX Thousand and 0/100 Dollars TO THE City Of Meridian ORDER 33 E Idaho St OF: Meridian, ID 83692 .-- AUiIibRIZEDSIG A RE ~~'003042~~' ~:L23L03729~: L53 3002 00811' S1 o SECURITY FEATURES INCLUDED. DETAILS ON BACK.o LAW OFFICES RISCH, DOSS & INSINGER JAMES E. RISCH 407 WEST JEFFERSON STREET TELEPHONE DAVID D. GO55 (208) 345-9974 R.JOHN INSINGER BOISE, IDAHO 83702 W. JOHN THIEL MATTHEW J. GU STAVEL TELEFAX (208) 345-9982 R~CE~~ September 14, 1999 Sip 1 8 1999 VIA CERTIFIED MAIL. RETURN RECEIPT #P 478 731 333 CITY OF MERIDIAN City of Meridian Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 RE: Cherry Lane Recreation, Inc. Lease Dear City of Meridian: Notice is hereby given that Cherry Lane Recreation, Inc., an Idaho Corporation, the Lessee under that certain Agreement of Lease dated October 3, 1978 by and between the City of Meridian as Lessor and Cherry Lane Recreation, Inc. as Lessee, hereby gives notice, pursuant to Article 15 of said Agreement of Lease that the Lessee exercises its option to renew upon the same terms and conditions for an additional term of thirty (30) years, to commence on expiration of the initial twenty-five (25) year term specified in Article 2 of the said Agreement of Lease. Very ~~x~s, - f~~ ~. ,,,~' `z __, ___ . JOHN INSINGER RJI: sh cc: Mr. William F. Gigray, III (via facsimile)