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Home My WebLink AboutRES.1157.04-01-1996BILL NO. 96-118 RESOLUTION NO. P J j A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI FOR JUDEN CREEK CONSERVATION AREA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Lease Agreement with the Conservation Commission of the State of Missouri for Juden Creek Conservation Area. A copy of said Agreement is attached to this Resolution and made a part hereof. n PASSED AND ADOPTED THIS / DAY OF��, 19 !� w A. 14. Spradling, III, yor ATTEST: Gayle Conrad Deputy City Clerk JUDEN CREEK cnNSERVATTI ' AREA44 14 44 HK \JJ I .� ' • n �\ I � \ \ � \' _-" -� � �\�V moi- �� i ,� I ��;�. �--. ��`' \\� `�.\✓:', �..�� ,`'mow✓� � �/I� 1 � ; �' ;; - - - - Existing Ridge Top Trail xxxxxxx Steep Slope to be Closed s -----New Trail Segment (Good Chip Surface) New Parking Lot (Gravel Surface) v J \ A I EXHIBIT A Existing Features and Proposed Improvements at Twin Trees Park and Juden Creek Conservation Area MISSOURI DEPARTMENT OF CONSERVATION April 22, 1996 Headquarters 2901 West Truman Boulevard, P.O. Box 180, Jefferson City, Missouri 65102-0180 Telephone: 573/751-4115 ♦ Missouri Relay Center: 1-800-735-2966 (TDD) Mr. Kent Bratton City Hall 401 Independence P.O. Box 617 Cape Girardeau, MO 63702-7946 Dear Kent: JERRY J. PRESLEY, Director It is with great pleasure that I forward three signed cooperative agreements which initiate our joint management of Juden Creek Conservation Area. I have notified Doug Newman and Rocky Hayes so they can request the construction of the proposed parking lot. They will coordinate this with appropriate city staff. We look forward to working with you and your staff on future mutually beneficial projects. Sincerely, Donald R. Kurz, Asst. Chief Natural History Division DRK Enc. c: Rick Thom Doug Newman Joe Garvey/Rocky Hayes COMMISSION DIVISION DE PLANNING SERVICES DATE DY 2C' ANITA B. GORMAN RANDY HERZOG JOHN POWELL RONALD J. STITES Kansas City St. Joseph Rolla Plattsburg 1 LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of 199 , by and between THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI,hereinafter referred to as "Commission" and the CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Commission is fee simple owner of a tract of land containing 7.76 acres in Cape Girardeau, Missouri, more particularly described as follows: All of a tract of land containing 1.506 acres situated in the East part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 31 North, Range 14 East and described by metes and bounds as follows: Begin at a point where the East line of said southwest Quarter of the Southeast Quarter of Section 21, intersects the South right-of-way line of Cape Girardeau County Farm to Market Route SV, said point being marked by an iron rod, from which a 24 -inch white oak bears S 830 43' W., 63.5 feet and a 12 inch Sweet Gum bears S. 590 58' W., 48 feet and measure N. 830 42' W., 521.2 feet along the South right-of-way line of said Route SV to a corner; thence S. 60 18' W. 20.1 feet to a corner in Juden Creek; thence S. 60 W. 20.1 feet to a corner in Juden Creek; thence following said creek South 74 0 07' E. , 141. 7 feet to a corner; thence S. 470 45' E. 297 feet to a corner; thence N. 870 30' E. 166.5 feet to the East line of said Southwest Quarter of the Southeast Quarter of Section 21; thence N. 00 11' E. 195 feet to the beginning corner. All of the West Half of the East Half of the Southwest Quarter of the Southeast Quarter (W1/2 of E1/2 of SW1/4) South of Old Cape Creek in Section Twenty-one (21), Township Thirty -One (31) North, Range Fourteen (14) East, containing 6.25 acres, more of less. WHEREAS, the Commission is desirous that said tract of land known as Juden Creek Conservation Area, shall be used as an urban 11 wild acres for nature enjoyment, conservation education opportunities, urban wildlife habitat and open space; and be exclusively managed in relation to the existing Twin Trees Park by the City. NOW THEREFORE, be it mutually agreed by and between the parties hereto that: 1. For and in consideration of One Dollar ($1.00) and other valuable considerations and in further consideration of the faithful performance of and adherence to each and all covenants agreed to in this agreement by the City, the Commission agrees to let, demise and lease the above described Juden Creek Conservation Area to the City. 2. The term of this lease shall be for a period of ten years from the date of this agreement first above written. The Commission grants the City the option to renew this lease for additional ten year periods on such terms and conditions as the City and the Commission may agree upon at the time of any renewal. The City shall give notice of intent to renew by certified mail in writing to the Commission, no later than six months preceding the expiration date of the initial period. 3. Said property will be called Juden Creek Conservation Area at all times. Signs shall be erected and brochures printed informing the general public of the name of said Juden Creek Conservation Area, and containing such other information as the Commission and the City mutually agree. The general form and 2 nature of signs and informational structures shall be as approved by the Commission. 4. The City shall manage said Juden Creek Conservation Area for scientific, educational, recreational, and aesthetic purposes, all being exclusively directed toward the maintenance, enhancement, appreciation, and understanding of the natural conditions of the tract, and.the conservation and regulation of the wildlife and wildlife resources of the State of Missouri. The City and the Commission shall not: (a) Alter the face of the land in any fashion; (b) Erect any structures; (c) Destroy any natural vegetation or wildlife; or (d) Attempt any construction whatsoever without the mutual approval of the City and the Commission. 5. All nature trails, hiking trails, interpretive areas, and other public use facilities installed by the City shall be approved in location, function and design by the Commission, its agents, assigns or employees prior to any work being done to create them. G. The Commission agrees to construct a 10 -car gravel parking lot in Twin Trees Park as shown on the attached Exhibit A. The Commission further agrees to provide a sign at the parking lot informing the public of the area. 7. The City agrees to construct a trail segment leading from the parking lot to the ridge top trail as shown on the attached Exhibit A to provide access to Juden Creek Conservation 3 Area and Kelso Sanctuary. The surface of the trail segment will consist of wood chips. 8. The City agrees to maintain the parking lot and the trail segment, including periodically adding gravel and wood chips, removing litter, and mowing adjacent to the parking lot. 9. The Commission and the City hereto agree that additional tracts of land may be added to said described Juden Creek Conservation Area tract and may be incorporated into this agreement. 10. Either party may, upon one hundred eighty days, written notice delivered by hand or by mail, revoke this lease agreement, and, upon such revocation, the Commission shall reenter and take exclusive possession of said property. Grounds for such revocation of said lease agreement are solely restricted to any violation by the City or the Commission of any covenant or covenants herein set out. No waiver by either party of any right hereunder is intended or may be inferred should either party fail to revoke said agreement for a breach of covenant by the other party. Should this agreement be revoked or terminated by the City for any reason, or by the Commission for cause, all capital improvements excepting those mutually agreed upon and placed by either party on said tract shall become property of the Commission. 11. The City agrees to and shall hold the Commission safe and harmless from all liability, claims, actions, damages and expense arising out of loss of life, personal injury and/or 4 damage to property from any occurrence in, upon or at the above described Juden Creek Conservation Area tract which may be a direct and proximate result of the use of said Juden Creek Conservation Area by the general public or the City, its employees, assigns and agents, to the extent allowed by law. The Commission agrees to promptly notify the City of any and all claims and suits filed against the Commission which are covered by this paragraph. 12. The City or the Commission may not make any assignment of this lease or any right hereunder or enter into sublease of all or any part of the above described Juden Creek Conservation Area tract without written mutual agreement. 13. The Commission shall sign or cause to be signed the boundaries of Juden Creek Conservation Area with appropriate signs designating the area as an "Urban Wild Acres Tract" owned by the Commission and leased by the City. 14. The Commission may at the request of the City provide occasional financial, technical, or other resource assistance in developing and promoting Juden Creek Conservation Area for use by the general public. 15. This lease may be amended only by a written amendment signed by the Director, for the Missouri Conservation Commission or his designated representative and by the Mayor of the City of Cape Girardeau or his designated representative. 5 IN WITNESS WHEREOF, all parties hereto have set their hands the day and year first above written. APPROVED BY LEGAL COUNSEL yl�� JaneA. Smith Gene al Counsel ATTEST: Mary F.Ufhompson City Clerk 9III C.1 THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI 9-47 By / erry J. Vresley / Director CITY OF CAPE GIRARDEAU, MISSOURI By: " 6i5ert M. Spra ling, Mayor - - - - Existing Ridge Top Trail xxxxxxx Steep Slope to be Closed �m —®—New Trail Segment (.Wood Chip Surface) = New Parking Lot (Gravel Surface) v G C EXHIBIT A Existing Features and Proposed Improvements at Twin Trees Park and Juden Creek Conservation Area L• , � LEASE AGREEMENT 0 THIS AGREEMENT, made and entered into this `��L day of /��, , 199�, by and between THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI,hereinafter referred to as "Commission" and the CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Commission is fee simple owner of a tract of land containing 7 . 76 acres in Cape Girardeau, Missouri, more particularly described as follows : All of a tract of land containing 1 . 506 acres situated in the East part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 31 North, Range 14 East and described by metes and bounds as follows : Begin at a point where the East line of said southwest Quarter of the Southeast Quarter of Section 21, intersects the South right-of-way line of Cape Girardeau County Farm to Market Route SV, said point being marked by an iron rod, from which a 24-inch white oak bears S 83 ° 43 ' W. , 63 . 5 feet and a 12 inch Sweet Gum bears S . 59° 58' W. , 48 feet and measure N. 83° 42 ' W. , 521 . 2 feet along the South right-of-way line of said Route SV to a corner; thence S . 6° 18' W. 20 . 1 feet to a corner in Juden Creek; thence S . 6° W. 20 . 1 feet to a corner in Juden Creek; thence following said creek South 74° 07' E. , 141 . 7 feet to a corner; thence S . 47� 45' E. 297 feet to a corner; thence N. 87° 30' E. 166 . 5 feet to the East line of said Southwest Quarter of the Southeast Quarter of Section 21; thence N. 0° 11' E. 195 feet to the beginning corner. All of the West Half of the East Half of the Southwest Quarter of the Southeast Quarter (Wl/2 of El/2 of SWl/4) South of Old Cape Creek in Section Twenty-one (21) , Township Thirty-One (31) North, Range Fourteen (14) East, containing 6 . 25 acres, more of less . WHEREAS, the Commission is desirous that said tract of land known as Juden Creek Conservation Area, shall be used as an urban 1 r wild acres for nature enjoyment, conservation education opportunities, urban wildlife habitat and open space; and be exclusively managed in relation to the existing Twin Trees Park by the City. NOW THEREFORE, be it mutually agreed by and between the parties hereto that : l . For and in consideration of One Dollar ($1 . 00) and other valuable considerations and in further consideration of the faithful performance of and adherence to each and all covenants agreed to in this agreement by the City, the Commission agrees to let, demise and lease the above described Juden Creek Conservation Area to the City. 2 . The term of this lease shall be for a period of ten years from the date of this agreement first above written. The Commission grants the City the option to renew this lease for additional ten year periods on such terms and conditions as the City and the Commission may agree upon at the time of any renewal . The City shall give notice of intent to renew by certified mail in writing to the Commission, no later than six months preceding the expiration date of the initial period. 3 . Said property will be called Juden Creek Conservation Area at all times . Signs shall be erected and brochures printed informing the general public of the name of said Juden Creek Conservation Area, and containing such other information as the Commission and the City mutually agree . The general form and 2 r nature of signs and informational structures shall be as approved by the Commission. 4 . The City shall manage said Juden Creek Conservation , Area for scientific, educational, recreational, and aesthetic purposes, all being exclusively directed toward the maintenance, enhancement, appreciation, and understanding of the natural conditions of the tract, and the conservation and regulation of the wildlife and wildlife resources of the State of Missouri . The City and the Commission shall not : (a) Alter the face of the land in any fashion; (b) Erect any structures; (c) Destroy any natural vegetation or wildlife; or (d) Attempt any construction whatsoever without the mutual approval of the City and the Commission. 5 . All nature trails, hiking trails, interpretive areas, and other public use facilities installed by the City shall be approved in location, function and design by the Commission, its agents, assigns or employees prior to any work being done to create them. 6 . The Commission agrees to construct a 10-car gravel parking lot in Twin Trees Park as shown on the attached Exhibit A. The Commission further agrees to provide a sign at the parking lot informing the public of the area. 7 . The City agrees to construct a trail segment leading from the parking lot to the ridge top trail as shown on the attached Exhibit A to provide access to Juden Creek Conservation 3 Area and Kelso Sanctuary. The surface of the trail segment will consist of wood chips . 8 . The City agrees to maintain the parking lot and the trail segment, including periodically adding gravel and wood chips, removing litter, and mowing adjacent to the parking lot . 9 . The Commission and the City hereto agree that additional tracts of land may be added to said described Juden Creek Conservation Area tract and may be incorporated into this agreement . 10 . Either party may, upon one hundred eighty days' written notice delivered by hand or by mail, revoke this lease agreement, and, upon such revocation, the Commission shall reenter and take exclusive possession of said property. Grounds for such revocation of said lease agreement are solely restricted to any violation by the City or the Commission of any covenant or covenants herein set out . No waiver by either party of any right hereunder is intended or may be inferred should either party fail to revoke said agreement for a breach of covenant by the other party. Should this agreement be revoked or terminated by the City for any reason, or by the Commission for cause, all capital improvements excepting those mutually agreed upon and placed by either party on said tract shall become property of the Commission. 11 . The City agrees to and shall hold the Commission safe and harmless from all liability, claims, actions, damages and expense arising out of loss of life, personal injury and/or 4 � damage to property from any occurrence in, upon or at the above described Juden Creek Conservation Area tract which may be a direct and proximate result of the use of said Juden Creek Conservation Area by the general public or the City, its employees, assigns and agents, to the extent allowed by law. The Commission agrees to promptly notify the City of any and all claims and suits filed against the Commission which are covered by this paragraph. 12 . The City or the Commission may not make any assignment of this lease or any right hereunder or enter into sublease of all or any part of the above described Juden Creek Conservation Area tract without written mutual agreement . 13 . The Commission shall sign or cause to be signed the boundaries of Juden Creek Conservation Area with appropriate signs designating the area as an "Urban Wild Acres Tract" owned by the Commission and leased by the City. 14 . The Commission may at the request of the City provide occasional financial, technical, or other resource assistance in developing and promoting Juden Creek Conservation Area for use by the general public . 15 . This lease may be amended only by a written amendment signed by the Director, for the Missouri Conservation Commission or his designated representative and by the Mayor of the City of Cape Girardeau or his designated representative . 5 .� r IN WITNESS WHEREOF, all parties hereto have set their hands the day and year first above written. APPROVED BY LEGAL COUNSEL THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI Jane . Smith �� By: Gener 1 Counsel j�� rry J esley Directo ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI Mary F. ompson By: City Clerk Albert M. Spradling, I Mayor 6 , ' �\ +��, ''r \�)11 \ v `S, \ / v ,-=U�. . � ` _ . i ^ \\ �� `� � �7 �� r • � � �� \ �\ -��. � � � �.�'� ' ' > , : � O/ r � �� o�` . ` ( •�, JUDEN. 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' � MISSOURI DEPARTMENT OF CONSERVATION Headquarters 2901 West Truman Boulevard, P.O. Box 180,Jefferson City,Missouri 65102-0180 Telephone:573/751-4115 ♦ Missouri Relay Center: 1-800-735-2966(TDD) JERRY J. PRESLEY, Director April 22, 1996 Mr. Kent Bratton City Hall 401 Independence P.O. Box 617 Cape Girardeau, MO 63702-7946 Dear Kent : It is with great pleasure that I forward three signed cooperative agreements which initiate our joint management of Juden Creek Conservation Area. I have notified Doug Newman and Rocky Hayes so they can request the construction of the proposed parking lot . They will coordinate this with appropriate city staff . We look forward to working with you and your staff on future mutually beneficial projects . Sincerely, � �c�� Donald R. Kurz, Asst . Chief Natural History Division DRK Enc . c : Rick Thom Doug Newman Joe Garvey/Rocky Hayes RECEtVED �D1ViS��J �F9�-��Y�T��CES DA�E�-Z=z COMMISSION ANITA B. GORMAN RANDY HERZOG JOHN POWELL RONALD J. STITES Kansas City St. Joseph Rolla Plattsburg