HomeMy WebLinkAboutPublic Comment From: Dan Cooley/ Calvary Chapel Truckee [mailto:dan@dancooley.com]
Sent: Monday, February 09, 2009 1:06 PM
To: Steven Poncelet
Subject:
Dear Steven, here is the letter to the newspaper. Please read this into the
record. I am just now starting.
Those who care
It was January 17t", his name was Marvin Schur (93), WWII Veteran, he was
found frozen to death inside of his home because the Utility Company installed a
limiter switch to shut off power to his home. This was done because he was 4
months past due, notices were sent, but, there was not any face to face contact
to talk with Marvin about his past due. He died a long, painful death as the cold
crept in , what a horrible, sad way to die, going in and out of consciousness and
eventually dropping to the floor, Dead. One blogger noted that even a pet owner
who leaves his dog outside to freeze can face charges. I know it would be a
pain, but, just exactly how far are we willing to go. Just 1 incident is 1 to many,
God forbid.
I have spoken to the Executive Editor at the Sierra Sun, and he agrees that a
Consortium should be formed so that such a terrible thing NEVER happens in
Truckee, in the Lake Tahoe Area as well. I have lived in Truckee for 31 years
and have always been involved in Volunteering, political causes and
committees. I am retired now and would give all of my time to launch the
Consortium by organizing, setting up, forming an introductory committee to
discuss what WE all can do as compassionate citizens of the Truckee-Tahoe
area. I will be sending out letters to the major players, and this letter is to launch
interest in the Consortium. First a general meeting, or 2, of the appropriate
organizations, followed by public input so that we miss nothing in setting this up.
The Truckee Donner PUD at its Friday the 13t" Board Meeting will be discussing
this issue. I invite anyone who cares about this issue to come to the meeting.
want ANYONE, ANYBODY, all the Utilities and so forth to call me or email me
so we can kick this off in the next 2 weeks. I think this would be a rewarding
endeavor for all of us, and, remember anyone of us could fall to this at any time,
and as it is said, " If not for the Grace of God, there Go I."
Thank You
Dan Cooley
587-2244
dan(a)dancooley.com
' ir-suckee ®niter
Recreation and Park District
10046 Church Street, Truckee, California 96161 General Manager
ITRUCKEE-DONNER PHONE:(530)582-7720 • FAX(530)582-7724 Steve Randall
CREATION&PARK DISTRICT
Truckee Donner Recreation & Park District, 10046 Church Street, Truckee, CA
96161
Re: Non Binding Letter of Intent for Lease of District Controlled Property
for an Ice Skating Rink Facility
John Hugo, The Igloo Ice Arena of Truckee, 13053 Northwoods Blvd., Suite 2,
Truckee, CA 96161
This Letter of Intent confirms our understanding of the proposed
basic terms and conditions under which the Truckee Donner Recreation & Park
District ("District") may lease certain property (more specifically described and
depicted in Attachment A hereto) ("Property") to John Hugo, The Igloo Ice
Arena of Truckee ("Lessee"), for the purpose of constructing, operating and
maintaining an ice rink facility. The contemplated transaction is
hereinafter referred to as the "Lease." The District and John Hugo may be
referred to herein as "Party" or the "Parties."
This Letter of Intent is intended solely as a basis for further
discussion between the Parties and is not intended to be and does not
constitute a legally binding lease agreement. Accordingly, this Letter of Intent
creates no obligation for either Party to
enter into a Lease and shall not confer on any person or entity any rights
or remedies regarding such a Lease. The Parties will only be obligated if they
execute a
definitive Lease Agreement that contains all of the terms and conditions of
the Lease. This Letter of Intent shall remain in effect until August 15, 2009 and
may be extended thereafter by the mutual agreement of the Parties. Whjle this
Letter of Intent is in effect, the District shall not enter into any new lease
agreement or letter of intent for the Property with any entity or person other than
John Hugo or the Igloo Ice Arena of Truckee. Unless the Letter of Intent is
extended by written agreement signed by both parties, upon the termination of
the Letter of Intent either Party may terminate discussions and negotiations for
the
Lease for any reason without any liability or obligation to
the other Party. Each Party shall pay and be responsible for its own fees,
costs and expenses with respect to this Letter of Intent and the
preparations and negotiations for the Lease.
The basic terms of the proposed Lease discussed to date include the
following:
(1) Ability to provide a parking plan that accommodates the amount of
parking
spaces lost as a result of the space taken up by the building and the amount of
parking spaces necessary to serve the new facility as required by regulatory
agencies, including the Town of Truckee
(2) Approval by the Truckee Donner Public Utility District for use of
the land
known as the Truckee Rodeo parking area
(3) A plan showing the benefits to be provided to the residents and
homeowners of the
Truckee
Donner Recreation & Park District
(4) Approval by all regulatory agencies, including but not limited to: the Town
of
Truckee,
Truckee Tahoe Airport District, and the Lahontan Regional Water Quality
Board
(5) A plan showing the sources of funding for the project allowing for
all
Required due diligence as determined by the Parties and providing assurances
acceptable to the Truckee Donner Park and Recreation District, in its sole
discretion, that the District will not be exposed to any financial risk or loss as a
result of the project.
If the foregoing correctly sets for the our mutual understanding, please so
indicate by signing two copies of this Letter of Intent in the spaces
provided below and returning one copy to the District.
Truckee Donner Recreation & Park District
By:
Steve Randall, General Manager Dated
The Igloo Ice Arena of Truckee
2 /,�� //,
By: Sad— �7� It
Joho4ugo V Dated
Assi nment of Lease
THIS ASSIGNMENT made this day of ,20 , by and between
The Truckee Donner Park and Recreation District ("Assignor") and The Igloo Ice
Arena of Truckee (or nominee) ("Assignee"):
WITNESSETH, that for valuable consideration in hand paid by the Assignee to the
Assignor, receipt of which is hereby acknowledged,the Assignor hereby assigns and
transfers to the Assignee all of its right,title and interest in a portion of the land
described in the lease between the Truckee Public Utilities District ("PUD") and the
Truckee Donner Park and Recreation District dated December 1, 1966 and attached
hereto as Exhibit A(the "Lease"). The portion of the land in the Lease hereby
assigned consists of approximately five (5) acres located south of Estates Drive
bordering Brockway Road in Truckee, California (the "Assigned Land"). The legal
description of the Assigned Land is attached as Exhibit B and the land area is shown
on the site plan attached as Exhibit C.
It is agreed and understood that this assignment is contingent upon satisfactory
compliance with the terms and provisions of the Lease AND the following:
1.) Parking Plan. Assignor and Assignee will enter into a separate parking
agreement (attached hereto as Exhibit D) regarding parking on the
Assigned Land. The parking agreement provides that, as a result of
development of the Assigned Land by Assignee, no net loss of parking
spaces on the Assigned Land will occur from June 151h to September 15th
during the term of the Lease, in conjunction with [x] events sanctioned or
sponsored by the Assignor including: the August [7-8] rodeo at McIver
Arena; Cannibal Cruise; Wednesday night Concerts in the Park, and_.
2.) Preferential Ice Time. Assignor and Assignee will enter into a separate
agreement regarding preferential ice time to be provided for rent by
Assignee to Assignor (attached hereto as Exhibit E). The agreement
specifies the times and rental rates and other terms and conditions.
3.) Reversion of Improvements. Upon Lease maturity, scheduled for
December 5, 2065, all improvements made by Assignee shall revert to
Assignor.
4.) Payments. Assignee to pay Assignor one dollar per year on
5.) Financial Responsibility. See Exhibit F attached hereto.
6.) No Warranties.No warranties of any kind whatsoever are made incident
to this Assignment.
7.) PUD Consent. This assignment is subject to consent by the PUD, page 2.
1
IN WITNESS WHEREOF,the Assignor has executed this Assignment on the day
and year first above written.
Signed, sealed and delivered in the presence of:
ACCEPTANCE
The Igloo Ice Arena of Truckee herby accepts the above assignment and subjects
itself to all the promises and covenants therein contained. The Igloo Ice Arena of
Truckee understands that this assignment is contingent upon the making of timely
payments on the Lease and complying with all the terms and provisions of the Lease
and this assignment.
WITNESSES:
CONSENT
Truckee Public Utilities District, landlord and lessor under the Lease, hereby
consents to the above described assignment of a portion of said Lease from the
Truckee Donner Park and Recreation District to The Igloo Ice Arena of Truckee.
By:
Attest:
2
EXHIBIT A
(Lease between TPUD and TDPRD dated December 6, 1966)
3
EXHIBIT B
(Legal description,to be generated)
4
EXHIBIT C
(Site Plan)
5
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ASSESSORS PARCEL MAP ,-1-0z Count of Nevada, Calif.
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EXHIBIT D
Parking Plan Agreement
The Truckee Donner Park and Recreation District ("TDPRD") and The Igloo Ice
Arena of Truckee ("The Igloo' or the "Ice Arena") hereby agree as follows:
1.) Currently there are 11501 parking spaces (to be determined) on the Assigned
Land as verified by , based upon an estimate by
using common parking standards of traffic engineers and architects. As a
result of development of the Ice Arena on the Assigned Land,Assignee will
provide additional parking spaces at no cost to accommodate the Ice Arena
and special events. There will be no net loss of parking spaces currently
provided on the Assigned Land for purposes of certain TDPRD sponsored or
sanctioned events from June 15th to Sept. 15th each year (the "Special
Events"). The Igloo may satisfy this requirement by any of the following
means:
a.) Improved efficiency as a result of site development, paved parking,
striping and new ingress and egress.
b.) Construction of partially subterranean and raised deck parking.
c.) Provision of a round-trip shuttle service to an off site location,
provided that it is reasonably used by patrons of the Special Events.
d.) Acquisition of, lease or licensing of land within one-quarter mile of the
Assigned Land that can be used for parking purposes for the Special
Events.
e.) Shut down of Ice Arena activity and allocation of all Ice Arena
parking spaces including those on the concrete base for the ice surface
and all exterior parking spaces required by the Town of Truckee for
operation of the Ice Arena. The Ice Arena will provide valet or
parking supervision services to ensure protection of the Ice Arena
facilities and accept all liability related thereto.
f.) Improvement of land areas used by the McIver Rodeo Arena adjacent
to the Assigned Land that will result in creation of additional parking
spaces and that will not displace other uses associated with the rodeo.
AGREED TO AND ACCEPTED: DATE:
-------------------------------
----------------------------------
BY: BY:
ITS: ITS:
6
EXHIBIT E
Preferential Ice Time Agreement
The Truckee Donner Park and Recreation District (the "TDPRD") and the Igloo Ice
Arena of Truckee ("The Igloo" or"Ice Arena") hereby agree as follows:
1.) In conjunction with the development of the Ice Arena, TDPRD desires to
have access to ice time for its programs and to provide a service to its
constituency.
2.) The Igloo agrees to provide up to fifteen (15) hours of ice time each week on
Monday through Friday between 10 AM and 2 PM,when it is open for ice
business, at a reduced rate equal to eighty percent (80%) of the average rate
charged in the normal course of business. For example, if the average rate
charged is $300 per hour, TDPRD will be able to rent ice time for$240 per
hour. Rates will reflect trailing results for the prior year and the first year of
operation will be based on an estimate of such average rate and shall be
adjusted by a credit or debit if actual results vary from estimated results for
the first year of operation. Rates shall be adjusted in August of each year.
3.) Residents of Truckee and property owners in Truckee shall be able to buy a
season pass for public ice skating that will reflect a discount of twenty
percent (20%) of the standard price for public skating. For example, if the
cost of public skating is ten dollars ($10) per session, the discounted price will
be eight ($8) dollars to Truckee residents and property owners.
4.) The Igloo will attempt to attract children age six(6) and under based on a
discount of fifty percent (50%) for public skating sessions and enrollment in
organized figure skating and ice hockey programs sponsored by the Ice
Arena or its agent. For example, if the Ice Arena enters into an agreement
with a non-profit entity that organizes and sponsors such figure skating and
ice hockey programs, it will offer discounted rates, equipment and special
skating events in order to encourage participation by youth age six (6) and
under, primarily through the Tahoe-Truckee Unified School District.
Funding for such programs will be dependent on the Ice Arena's ability to
raise charitable donations and other funds and it will make a good faith
effort to do so each year.
AGREED TO AND ACCEPTED: DATE:
BY: BY:
ITS: ITS:
7
EXHIBIT F
Financial Responsibility Agreement
The Truckee Donner Park and Recreation District and The Igloo Ice Arena of
Truckee hereby agree as follows:
It is agreed to and understood that the Truckee Donner Park and Recreation
District shall have no financial responsibility or liability in connection with the
assignment of the Assigned Land and that if any of the terms and conditions of the
Assignment are not met by the Assignee that the assignment shall be null and void
and cancelable.
AGREED TO AND ACCEPTED: DATE:
BY: BY:
ITS: ITS:
8
02/03/2009 11:01 FAX 530 582 1732 AMERICAN MAIL CTR IO002
February 3, 2009
Board of Directors
TDPUD
RE: Proposed Ice Arena
Dear Board Members:
Please consider this letter as a part of the discussion regarding the ice arena
being proposed by John Hugo.
I have been involved in only a few of the meetings where this proposal was being
considered. I am not against having an arena in Truckee, and in fact, believe it
would serve many people and provide many opportunities for the community at
large. I am not sure this is the best spot, and I do have some concerns regarding
Mr. Hugo's project.
1. Mr Hugo has been less than transparent about who his backers are and
how this project will be funded. At one point it was to be fully funded
privately. Then, he was asking for the Park and Recreation Department to
help fund a faily large portion of the project. Which is it, and how much as
taxpayers, will we be asked to kick in?
2. Parking is an issue at the McIver Arena. There are 150 spaces on the
south side of Estates Drive where Mr. Hugo wishes to build this project,
and during certain events the parking lot is to it's mazimum capacity. The
Rodeo, Ren-Fair, Cannibal Cruise, Wednesday night concerts, and other
events use every inch of space available. At times, more space could be
used, as it is sorely needed. The most recent plan available indicates that
they would be short only fifty parking spaces. I don't see how that is
possible with a building the size they have proposed, and I am not sure
that they would be able to find those spaces without impacting the Arena.
3. During the Truckee Championship Rodeo, all space within the grounds
and the parking lot are fully used by the public, vendors, service clubs, the
contestants, the stock contractors and the Committee. The Truckee
Championship Rodeo uses every single parking space possible in the
Regional Park. This space cannot be given up on any kind of permanent
basis. Shared, yes, but not given up.
UZ/UJ/LuuM 11:U1 yAA 5JU 562 1731 AMERICAN MAIL CTR 10003
4. There is a group in the Reno-Sparks area promoting the construction of a
similar facilby built with both public and private funds. It has yet to be
approved. Would not a facility such as they are proposing serve our
hockey players and skaters as well?
5. As several ice facilities have failed in the Reno-Sparks area, how can we
be assured that Truckee and it's residents will not be stuck with this
project? Would the community be left holding the bag, as it were?
6, Mr. Hugo offered to buy the Truckee Meadows Equistrian Center and
build a new Equistiran Center for the Town. Wouldn't it be wiser to
purchase that property, if it is, in fact, available, and build an arena on that
site?
As stated earlier, I am not opposed to an ice arena. I am just concerned
about Mr. Hugo's efforts, and the removal of parking spaces on the site. If Mr
Hugo would be more forthcoming about the funding and the backing, and the
parking spaces were fully replaced, I might feel a bit better about this project.
leave this decision in your good hands.
Sincerely,
Carol Pauli
Cc- Mayor Mark Brown
Tony Lashbrook