Archive for December, 2008

power outage at the park

December 15, 2008

Brad and Heidi Neal reported that the power was out at the park on Sunday for at least four hours.  Apparently there was contact between a car and a utility pole on the highway outside the park.  Brad reported that after the power was restored, he checked on his trailer and found the circuit breaker inside his trailer was tripped off.  Record cold is forecast for the coming week(s) – and because of the forecast, the park water has now been shut off to all campsites.

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Eunice Ann (Southwick) Jones

December 9, 2008
     
Eunice Ann (Southwick) Jones passed away at the age of 84 on December 9, 2008. Eunice worked and raised her family in Seattle, WA. She worked at Arden Farms as a bookkeeper, where she met the love of her life, Alban Jonesy Jones. Retiring after 34 years, Eunice and Al decided to return to her hometown of Chelan, WA. Living in the Mill Bay community, she remained very active helping out in the sales office. Eunice enjoyed cooking, gardening and entertaining. Eunice was preceded in death by her son, Daniel Alexander; and her daughter, Judi Hamilton. She is survived by her husband of 49 years, Alban Jonesy Jones; grandson, Ryan Alexander; and granddaughter, Marissa Pozega. At her request, no Services will be held. A gathering of family and friends will be held at a later date.

letter to Bureau of Indian Affairs

December 4, 2008

December 4, 2008

 

Mr. John St. Pierre

Acting Superintendent

Colville Indian Agency

P.O. Box 111

Nespelem, WA  99155-011

 

Mr. Stanley Speaks

Northwest Regional Director

Bureau of Indian Affairs

911 NE 11th Avenue

Portland, OR  97232-4169

 

 

          Re:    MA-8; Request for Assurance of Continuation of Sublease Terms

 

Dear Acting Superintendent St. Pierre,

 

          I am writing this letter as President of the Mill Bay Members Association, Inc. and on behalf of more than 180 Mill Bay Resort Contract/Membership owners.  As you are aware, the Mill Bay RV Park, along with the Colville Casino, represent the two primary Subleases under the MA-8 Master Lease.  It is our understanding that recent legal developments have put in question the efficacy of Chief Bill Evan’s, 1985 Notice to the BIA/Lessor to exercise the unilateral option to extend the Master Lease the additional 25 year term to the year 2034.  Although the Mill Bay Members Association is not a party to the litigation now ongoing in Federal District Court, we are understandably concerned about the effect that the litigation may have upon our rights as sub-lessees/tenants of the Master Lease and our Sublease that extends to the year of 2034. 

 

          Based upon the specific provisions of the Master Lease and prior actions of the B.I.A., it is our position and understanding that regardless of the cancelation of the Master Lease, the Sublease of both the Mill Bay Members Association RV Park and


the Colville Tribal Casino continue until the end of the Sublease term in 2034.  The terms of the Master Lease provide that:

 

Paragraph 8:  Status of Subleases on Conclusion of Lease

 “Termination of this Lease, by cancellation or otherwise shall not serve to cancel subleases or sub-tenancies, but shall operate as an assignment to Lessor of any and all such subleases or sub-tenancies and shall continue to honor those obligations…”

 

          Pursuant to the provisions of the Master Lease, we hereby request your assurance, that the BIA, as Lessor, will honor the Master Lease provision that the RV Park and Mill Bay Members Association will continue its sublease/sub-tenancy until the end of the Sublease term in 2034.  The BIA is well aware of the sublease term of 2034 as per Court Order, approving a class action settlement in Chelan County Superior Court – Case #04-2-00441-6 dated November 23, 2004. 

 

          Thank you in advance for your prompt consideration and assurance of the continuation of our Sublease until the year 2034.  We hereby request a formal written response no later than 30 days from the receipt of this letter.

   

Yours Truly,

                                                          

Dick Swier, President   

Mill Bay Members Association, Inc.

8015 SE 28th St. Suite 301

Mercer Island, WA 99040

letter to members from Board of Directors

December 4, 2008

Dear Mill Bay Resort Member

 

This past August 2008, the Mill Bay Members Association (MBMA) Board became aware that the Bureau of Indian Affairs (BIA) was questioning whether Wapato Heritage LLC (our present landlord) had correctly renewed the second 25-year lease option for the MA8 property.  In September 2008, the MBMA Board mailed a letter to all members explaining what was known about this issue. Mill Bay Members Association (RV Resort), the Mill Bay Casino and the Mill Bay Golf Course sub-lease from Wapato Heritage. 

 

Our court-approved settlement five years ago with Wapato Heritage was completed with the understanding that the 25-year lease extension was in place and that our sublease did not expire until 2034. Our management of the park has been based on that assumption.  Our membership contracts and Washington State offering prospectus state that 2034 is the ending date.  It is our position that the BIA was well aware of this fact.

 

Wapato Heritage and the BIA appeared before the US District Court in Spokane, November 18th, to resolve, the issues of whether the lease had been extended to 2034.  Several days later, the Federal Judge ruled that Wapato Heritage had not properly renewed the 25-year lease extension.  As a result of this decision, (absent any court appeal), the Wapato Heritage Lease of MA8 would expire in February 2009.  Since MBMA leases from Wapato Heritage, it now seems that our sub-lease agreement with Wapato Heritage to 2034 may be in jeopardy and will no longer be in effect and our access to the resort could also end in February 2009.  This seems to be true in spite of the settlement that resulted in our current management and use of the RV Park.

 

The Chief Evans group (Wapato Heritage, LLC) has the largest percentage interest in MA8, but not controlling interest.  There are at least two-dozen allottees involved in MA8.  The BIA claims that Wapato Heritage failed to provide legal notice to the allotees when Wapato Heritage, LLC provided written notice to the BIA more than 23 years ago.  The BIA does not dispute that they received written notice from Chief Evans, Inc. in 1985.  

 

All of this raises more questions than answers.  The MBMA Board is pursuing all legal options.  These may include: opportunity to sub-lease from a new landlord, requesting a court ordered stay while Wapato Heritage appeals the Spokane decision, and/or pursue legal action of our own as an affected party.  To that end, attached hereto is a letter from the Board to the BIA regarding our legal position as sub-lessee of the MA8 property.  Other remedies may also become apparent as Wapato Heritage explores possible options regarding the master lease. 

 

We would ask all members to become involved and to contact your Local, State and Federal representatives to question, what we believe to be, the BIA’s wrongful arbitrary actions affecting our 175 members.

 

Will we be forced out of the park February 2009?  No one seems to have the answer to that question.  We do know that we have a large cash reserve set aside to make certain that our rights to Mill Bay RV Resort are protected.  Your Board is determined to do all that is possible to make certain that we enjoy many more years at Mill Bay RV Resort.  We ask that you help us by keeping your membership active. We will keep you informed as the facts or certainties become known to us. 

  

For the Board – Dick Swier, President

Mill Bay Members Association, Inc.