HomeMy WebLinkAboutRES.415.04-07-1989 BILL N0. 89-55 RESOLUTION N0. / `�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A GROUND LEASE AGREEMENT WITH
SHANNON PROPERTIES, INC. , FOR A
MANUFACTURING FACILITY FOR DANA CORPORATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS:
SECTION 1 . The City Manager , for and on behalf of the City of
Cape Girardeau, Missouri , is hereby authorized to enter into a
Ground Lease Agreement with Shannon Properties, Inc . , for a
manufacturing facility for Dana Corporation. A copy of said Ground
Lease Aqreement is attached to this Resolution and made a part
hereof .
PASSED AND ADOPTED THIS ✓�� DAY OF � , 1989 .
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' ;s G - ' �
`''�`"� � F ancis E. Rhodes , Mayor
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ATTEST:
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E elyn G e ran�, Cit,y C er
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT is made effective as of the 6th
day of April, 1989, by and between the City of Cape Girardeau,
Missouri, a municipal corporation with offices located at City
Hall, Independence Street, Cape Girardeau, Missouri, 63701 (the
"Lessor") , and Shannon Properties, Inc. , a Delaware corporation,
d/b/a S Properties, Inc. with offices located at 7520 East
Independence Boulevard, Suite 240, Charlotte, NC 28227 (the
"Lessee") .
RECITALS
WHEREAS, Lessor is the owner of the Premises described on
Exhibit A attached hereto (the "Premises") ;
WHEREAS, Lessor is the grantee of a fifteen foot (15 ' )
access and utility easement (the "Easement") from Sixty-Thirty,
Inc. pursuant to an instrument dated , 1989 and
recorded on , 1989 in Book at Page of the
land records of Cape Girardeau County, Missouri; and
WHEREAS, Lessor has agreed to let and demise to Lessee, and
Lessee has agreed to take and lease from Lessor, the Premises
together with Lessor's rights under the Easement; and
wHEREAS, Lessee is developing a manufacturing facility (the
"Facility") for Dana Corporation, Spicer Axle Division ("Dana")
on a parcel of land adjacent to the Premises; and
WHEREAS, Lessor has agreed to install a one hundred fifty
thousand (150, 000) gallon water storage tank, pump house, water
lines, and necessary appurtenances (collectively, the "Water
Tower") on the Premises and the Easement to furnish a sufficient
water supply to operate a fire sprinkler system for the Facility
and to improve the public water system within the City of Cape
Girardeau, Missouri.
NOW, THEREFORE, in consideration of the rent to be paid by
Lessee and the other covenants and agreements made hereunder,
Lessor hereby demises and leases unto Lessee and Lessee takes and
leases from Lessor the Premises.
TOGETHER with all appurtenances, estate, and rights of
Lesso'r in and to the Premises including the Easement; all right,
title and interest of Lessor in and to any street abutting or
included within the Premises; and all right, title, and interest
of Lessor in and to any strips or gores of land adjoining or
included within the Premises.
SU&7ECT, however, to all easements, agreements, liens,
encumbrances, restrictions, tenancies, and other matters of
record.
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TO HAVE AND TO HOLD the Premises for a term of sixty (60)
years commencing on April 6, 1989 and continuing through and
including the 6th day of April, 2049 (the "term" of this lease) ;
provided, however, that Lessee may, upon ninety (90) days prior
written notice to Lessor, terminate this lease at any time.
AND THIS LEASE is granted and accepted in consideration of
the foregoing and of the following covenants, conditions, and
restrictions to which Lessor and Lessee hereby covenant and
agree:
1. Rent. Lessee shall pay to Lessor as rent for the
Premises the sum of One Dollar ($1. 00) per year, with the rent
for the entire term of this lease in the amount of Sixty Dollars
($60.00) payable in advance on the commencement date of this
lease.
2. Place of Payment. All rental payments hereunder shall
be paid to Lessor at the address first designated above, or to
such other person or entity and/or at such other place as may be
specified by notice in writing from Lessor to Lessee.
3 . Use. The Premises may be used only for the purpose of
installing, maintaining, replacing, and removing the Water Tower
and for no other purposes whatsoever without the prior written
consent of Lessor, which consent will not be unreasonably
withheld.
4. Lessor's Work. Lessor shall construct the Water Tower
on the Premises in accordance with the terms and conditions of
this Paragraph 4 .
(a) Lessor shall construct the Water Tower in
accordance with the plans, specifications, and drawings (the
"Plans") furnished by Dana. Lessor shall install all necessary
lines, connections, and other off-site improvements required for
the Water Tower. The Plans shall be in sufficient detail to be
used to competitively bid the work. Lessor shall not be liable
for any design defects or errors in the Plans. The construction
of said Water Tower shall begin as soon as possible after the
execution of this lease and shall be completed on or before
October 1, 1989.
(b) Lessor shall pay for all construction costs up to
One Hundred Twenty Thousand Dollars ($120, 000.00) . Dana shall
reimburse Lessor for any costs in excess of One Hundred Twenty
Thousand Dollars ($120, 000. 00) .
(c) Lessor shall assign to Lessee all warranties
covering the Water Tower including the warranties under the
construction contract. If any warranty is not assignable, Lessor
shall enforce such warranty on behalf of the Lessee. �
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(d) Lessor shall, at Lessor's expense, obtain a
builder's completed value risk policy of insurance insuring
against all risk of physical loss in a non-reporting form
covering the total value of the work performed. Lessor and
Lessee shall be additional named insureds of such policy.
(e) Lessor shall require that the work be performed in
a good and worlananlike manner and in accordance with all
applicable legal and insurance requirements.
(f) Lessor shall complete the Water Tower free and
clear of all mechanic's liens. Lessor shall defend, indemnify,
and hold Lessee harmless from any liens, claims of lien, or costs
and expenses in connection with such liens.
(g) Lessor shall defend, indemnify, and hold Lessee
harmless from any claims, liabilities, damages, expenses
(including reasonable attorney's fees) and costs in connection
with the work including, but not limited to, bodily injury,
death, or property damage to any persons.
5. Lessor's Use of Water Tower: Lessor may use the Water
Tower for public purposes provided that such usage does not
adversely impact the fire flow rating of Lessee or Dana or does
not increase increase the insurance cost to Lessee or Dana. If
Lessor uses the Water Tower, or permits any other person to use
the Water Tower, then the Lessor and Lessee shall enter into an
agreement allocating the capital and operating costs for the
Water Tower.
6. Real Estate Taxes and Assessments. During the term
hereof, Lessee shall pay, before any fine, interest, or cost is
added thereto, taxes, assessments, excises, levies, licenses and
permit fees and other governmental charges, general and special,
ordinary and extraordinary, unforeseen and foreseen, of any kind
and nature, which at any time during the term of this Lease
become due and payable out of or in respect of, or become a lien
on, the Premises, or on any improvements thereon. However,
Lessee shall not be required to pay municipal, state, or federal
income taxes assessed against Lessor, or any applicable
municipal, state, or federal estate, succession, inheritance, or
transfer taxes, or any assessments permitted to be paid over a
period of time.
Lessor shall immediately forward to Lessee any tax bills
upon � Lessor's receipt thereof, and Lessee shall forward to
Lessor, upon request of Lessor, an official receipt of the
appropriate taxing authority, or other proof satisfactory to
Lessor evidencing the payment thereof. Notwithstanding anything
herein contained to the contrary, Lessor or Lessee may, in its
own name, or in the name of the other, or in the name of both, as
they may agree, dispute and contest any tax, assessment, license
fee, excise or other governmental charge. At the conclusion of
such contest, Lessee shall remain responsible for the items
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contested to the extent that they are valid, together with all
court costs, interest, and penalties related thereto. Lessee may
endeavor at any time or times to obtain a lowering of the
assessed valuation upon the Premises for the purpose of reducing
taxes thereon, and in such event, Lessor will offer no objection.
Any tax refund shall be the property of Lessee to the extent to
which it may be based on a payment made by Lessee.
7. Proration of Taxes and Assessments. Notwithstanding
Paragraph 6, Lessor and Lessee shall protect the taxes and
assessments for the Premises during the year in which the lease
commences and expires on a daily basis, in accordance with the
custom in Cape Girardeau, Missouri. Lessor and Lessee
acknowledge that the Premises may not immediately appear as a
separate tax parcel on the records of the local taxing authority.
Until a separate tax bill is issued for the Premises, Lessor and
Lessee shall apportion the taxes and assessments of any larger
tax parcel which includes the Premises based upon the square
footage of the Premises compared to the entire square footage of
the larger tax parcel. Lessee agrees to pay to Lessor, upon
receipt of the copy of the bill for such larger parcel, Lessee's
proportionate share of such tax bill; provided, however, that
Lessee shall have no obligation to pay any special assessments.
Lessor shall defend, indemnify, and hold Lessee harmless from any
taxes, liens, assessments, delinquencies or penalties arising out
of the nonpayment of the tax bill for such larger tax parcel.
8. Utilities and Charqes. During the term hereof, Lessee
shall pay the costs and expenses for usage of gas, electricity,
light, heat, power, telephone, water and sewer.
9. Insurance. Lessee shall maintain insurance for the
Water Tower against loss or damage by fire, lightning, windstorm,
explosion, and all other extended coverage risks ordinarily
insured against by standard policies of insurance.
Lessee shall also maintain and pay for general public
liability insurance against the following claims:
(1) For bodily injury or death occurring upon, in or
about the Premises, such insurance to afford protection to
the limit of not less than One Million Dollars
($1, 000, 000. 00) in respect to bodily injury or death to any
one person, and to the limit of not less than One Million
Dollars ($1,000, 000. 00) in respect of any one accident.
(2) For property damage upon, in or about the
Premises, such insurance to afford protection to the limit
of not less than One Hundred Thousand Dollars ($100,000.00) .
10. Maintenance of the Premises. Lessee shall maintain the
Water Tower and other improvements located on the Premises in a
good, clean, orderly, and sanitary condition, free of
accumulations of dirt, rubbish, waste, or refuse matter. Lessee
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shall further, at its expense, promptly make all needed repairs
and replacements, interior and exterior, structural and
otherwise, and regardless of the time remaining to the expiration
of the term hereby granted, in and to the Water Tower and any
improvements on the Premises.
11. Lessee to Comply with Laws. Lessee shall, throughout
the term hereof, at Lessee's expense, promptly comply with all
requirements of every applicable statute, law, ordinance,
regulation or order, presently existing or hereafter enacted or
made by any Federal, State, municipal or other public body,
department, bureau, officer or authority, with respect to the
Premises, and the Water Tower and the use or occupation thereof.
12. Indemnification of Lessor Aqainst Liability. Except as
provided in Paragraph 4, Lessor and its agents and employees
shall not be liable for any damage, injury, or other casualty of
any kind, by whomsoever caused, to the person or property of
anyone (including Lessee) on or off the Premises, arising or
asserted to have arisen, from Lessee' s use and occupancy of the
Premises or from the use, maintenance, or replacement of the
Water Tower. Except during the construction period described in
Paragraph 4, Lessee will indemnify and save harmless Lessor
against any and all losses, damages, claims, and debts (including
all court costs, litigation expenses, and reasonable attorney
fees) which may be made against Lessor or against Lessor's title
in the Premises, arising by reason of Lessee's use and occupancy
of the Premises or in connection therewith, or for any alleged
act or omission by Lessee, its agents, servants, licensees or
invitees, or any person claiming under, by, or through Lessee.
13 . Total or Partial Destruction. In the event that the
Water Tower shall be totally or substantially destroyed or
damaged by fire or other casualty, Lessee shall have the option
either (a) to repair or reconstruct said Water Tower with all
reasonable diligence, or (b) to demolish and fully remove all of
said Water Tower from the Premises. In the event that said
destruction or damage is less than substantial, Lessee shall be
required to repair or reconstruct the Water Tower with all
reasonable diligence, provided, however, that if the Water Tower
is damaged or destroyed during the last three (3) years of the
term of this lease, Lessee may, at its option, elect to terminate
the lease. If reconstructing, Lessee shall reconstruct the Water
Tower with substantially the same design and construction. If
repairing, Lessee shall repair the Water Tower so as to restore
the same to at least an equivalent condition as it was in before
such damage thereto. For purposes of this Paragraph 14,
"substantial" damage or destruction shall mean damage or
destruction to the extent of fifty-one percent (51�) or more of
the then current value of the Water Tower. The parties
acknowledge that this Paragraph 14 applies only to the Water
Tower and not to any improvements located on the adjoining
property owned by Lessee.
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14 . Eminent Domain. If during the term of this lease any
part of the Premises or the Water Tower is taken or appropriated
or condemned for public use by reason of eminent domain, and the
Premises are still capable of being used for the purposes
specified in Section 4 hereof, then this lease shall continue in
full force and effect and the first One Hundred Twenty Thousand
Dollars ($120, 000. 00) of condemnation proceeds shall be paid to
Lessor and the balance shall be paid to Lessee. If the entire
Premises and the Water Tower, or if any portion thereof, is taken
so that the Premises is incapable of being used for the purposes
specified in Section 4 hereof, the lease shall be cancelled and
Lessee shall be paid that part of the condemnation proceeds
awarded or agreed upon as fairly attributable to the value of the
unexpired term of this lease (i.e. , a sum equal to the lump sum
payment received by Lessor from the condemning authority divided
by the lease term of 20 years multiplied by the number of years
remaining in the lease term) . Lessee shall have full right to
participate in any eminent domain proceedings for the purpose of
protecting its rights set forth in this Section 14 .
15. Default by Lessee. If Lessee fails to pay any rent,
tax payments, or any or other monetary obligations for a period
of thirty (30) days after notice from Lessor, or if Lessee shall
default in the performance or observance of any of the other
covenants, agreements, obligations, terms, provisions, or
conditions herein set forth to be performed and observed by
Lessee and Lessee fails to commence the curing of such default
within thirty (30) days after written notice of such default, and
Lessee fails to continuously thereafter proceed to cure such
default within ninety (90) days after said written notice, or
such longer period as may be reasonably required, then, in any
such event, Lessor shall have the full right, upon giving Lessee
ten (10) days prior written notice of such election, to enter
upon the Premises and take possession of the same.
Lessor shall mail a copy of any notice of default to any
mortgagee of Lessee who has previously provided a mailing address
to Lessor for such purpose (and such copy shall only be required
to be mailed to the address so furnished) . Should notice of
default be so mailed to any mortgage of Lessee, then any such
mortgagee shall be permitted to subrogate itself to all rights of
Lessee with respect to curing such default, as provided
hereunder.
The various rights, powers, options, elections, privileges
and remedies of Lessor contained in this lease shall be construed
as cumulative and no one of them shall be construed as being
exclusive of the other or exclusive of any other rights or
priorities allowed by law.
16. Termination of Lease. Upon the termination of this
lease, except as otherwise provided herein, ownership and
possession of the Water Tower as of such date of termination
shall pass to Lessor; provided, however, that Lessee may, within
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a reasonable time after such termination, remove any and all
personal property belonging to Lessee and trade fixtures
installed by Lessee, and provided further that Lessee shall
repair any damage caused to the Water Tower or the Premises by
such removal.
17. Waiver of Breach. No failure by either party to
enforce any of the provisions of this lease upon any default on
the part of the other party shall be deemed to be a waiver by the
non-defaulting party of its right to so enforce the terms of this
lease at any time while such default on the part of the other
party shall continue, nor shall any waiver of any covenant or
condition or of the breach of any covenant or condition of this
lease on any one occasion be taken to constitute a waiver of any
subsequent breach of such covenant or condition or to justify or
authorize the non-observance of any other occasion of the same or
of any other covenant or condition hereof. In addition, the
acceptance of rent by Lessor at any time when Lessee is in
default under any covenant or condition hereof shall not be
construed as a waiver of such default. The exercise or failure
by either party to exercise any particular remedy granted to it
hereunder shall not preclude said party from the simultaneous or
later exercise of any other remedy granted it hereunder or any
other remedy which it may have in law or in equity.
18 . Quiet En�oyment. Lessor covenants that upon payment of
the rent reserved and so long as Lessee keeps and performs all of
the covenants and conditions by Lessee to be kept and performed,
Lessee shall have quiet, undisturbed and continued possession of
the Premises, free from any claims of Lessor and all persons
claiming under, by, or through Lessor.
19. Recordation of Lease. The parties prefer to record a
memorandum of this lease, rather than the lease itself, and
contemporaneously with the execution hereof or at the time of the
commencement of the lease term they shall execute a Memorandum of
Lease which may be recorded by either party.
20. Assiqnment and Subletting. Lessee may assign this
lease or sublet all or any portion of the Premises without the
prior written consent of Lessor.
21. Notices. Whenever it shall be necessary for either
party to serve notice on the other respecting this lease, such
notice shall be personally delivered or sent by certified mail,
postage prepaid, return receipt requested, addressed to the
parties at their addresses stated at the beginning of this lease,
unless and until different addresses may be furnished in writing
by either party to the other, and such notice shall be deemed to
have been served on the date of personal delivery or on the next
business day following the date the same has been deposited in
the United States Post Office, postage prepaid, certified mail,
return receipt requested.
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22. Headinqs. The headings which are used following the
number of each Section are used only for convenience in locating
various provisions of this lease, and shall not be deemed to
affect the interpretation or construction of any provisions of
this lease.
23. Covenants Runninq with Land and BindinQ Effect. Al1
covenants, provisions, promises, conditions, and obligations
herein contained or implied by law are covenants running with the
land, and this lease and all of the covenants and provisions
hereof shall inure to the benefit of and be binding upon and the
terms "Lessor" and "Lessee" shall be deemed to include the
successors and permitted assigns of the parties hereto.
24 . Surrender and Holdinq Over. Lessee shall promptly
surrender and deliver up the Premises at the end of the lease
term or at its earlier termination as hereunder provided. Should
Lessee, with or without the express or implied consent of Lessor,
continue to hold and occupy the Premises after the expiration of
the term of this lease, such holding over beyond the terms and
any acceptance or collection of rent by Lessor, at Lessor's
option, shall operate and be construed as creating a tenancy from
month to month and not for any other term whatsoever.
25. Severability. If any term or provision of this lease
is held invalid or unenforceable, such holding shall not affect
the remainder of this lease and the same shall remain in full
force and effect unless such holding substantially deprives
Lessee of the use of the Premises or Lessor of the rents herein
reserved, in which event this lease shall forthwith terminate as
if by expiration of the term hereof.
26. Construction. This lease shall be construed under the
laws of the State of Missouri and shall not be construed against
either Lessor or Lessee.
27 . Entire Aqreement. This lease contains the entire
agreement between the parties hereto with respect to the subject
matter hereof, and may not be modified in any manner except by an
instrument in writing executed by Lessor and Lessee.
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IN WITNESS WHEREOF, Lessor and Lessee have caused this lease
to be executed and delivered on their behalf by their duly
authorized officers in multiple copies on the day and year first
above written.
ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI
By:
Evelyn G. LeGrand J. Ronald Fischer, City Manager
City Clerk
ATTEST: SHANNON PROPERTIES, INC. , a
Delaware corporation, d/b/a
S PROPERTIES, INC.
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�-SST Secretary� ��S Title: 1/ff� �IP�SiDP�✓'
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STATE OF MISSOURI )
) SS:
COUNTY OF )
On this day of , 1989, before me personally
appeared , to me personally known, who,
being by me duly sworn, did say that he is the
of the City of Cape Girardeau, Missouri, and that the seal
affixed to said instrument is the corporate seal of said City,
and that said instrument was signed and sealed on behalf of said
City by authority of its , and said
acknowledged said instrument to be the free act
and deed of said city.
In witness whereof I have hereunto set my hand and affixed
my official seal at my office in said county and state the day
and year last above written.
My term expires
, Notary Public
STATE OF NORTH CAROLINA )
) SS:
COUNTY OF MECKLENBURG )
On th�� s � day of � L , 1989, before me personally
appeared d,�/,�� - Z��- , to me personally known, who, be3ng by
me duly sworn, did say that he is the ,j//C� �/1�S i��� of
Shannon Properties, Inc. , a Delaware corporation, d/b/a S
Properties, Inc. and that the seal affixed to said instrument is
the corporate seal of said corporation, and that said instrument
was signed and sealed in behalf of said corpo ation by authorit
of its board of directors, and said �,(�/LL/� � 2/��
acknowledged said instrument to be the free act and deed of said
corporation.
In witness whereof I have hereunto set my hand and affixed
my official seal at my office in said county and state the day
and year last above written.
•:.; { 'i (, ��
My term expires 3 0� 7'- 3 � " '
� . Notarl public
3H-9-2
EXFIIBIT A
LEGAL DESCRIPTION
A part of Outlot 61 of United States Private Survey Number 2199,
Township 3-1 North, Range 13 East, City and County of Cape
Girardeau, described as follows:
Beginning at a point on the south line of Outlot 61, S 82 � 37 '
04" E, 2193 .56 feet from the southwest corner of Outlot 61;
Thence N 02 � 06 ' 36" W, 60.00 feet; Thence S 82 ) 37 ' 04" E, 60.00
feet; Thence S 02 � 06 ' 36" E, 60.00 feet; Thence N 82 � 37 ' 04" W,
60. 00 feet to the point of beginning, containing 0. 08 acres.
3L-9-4
, .
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is made effective as of the the 6th
day of April, 1989, by and between the City of Cape Girardeau,
Missouri, a municipal corporation with offices located at City
Hall, Independence Street, Cape Girardeau, Missouri 63701 (the
"Lessor") and Shannon Properties, Inc. , a Delaware corporation,
d/b/a S Properties, Inc. with offices located at 7520 East
Independence Boulevard, Suite 240, Charlotte, NC 28227 (the
"Lessee") .
R E C I T A L S•
WHEREAS, Lessor is the owner of the premises described on
Exhibit A attached hereto (the "Premises") ;
WHEREAS, Lessor has agreed to let and demise to Lessee and
Lessee has agreed to take and lease from Lessor, the Premises
pursuant to a Ground Lease Agreement of even date (the "Ground
Lease Agreement") ; and
WHEREAS, Lessor and Lessee desire to record a Memorandum of
Lease in lieu of recording the Ground Lease Agreement.
NOW, THEREFORE, Lessor and Lessee state as follows:
l. Grant of Lease. Lessor has let to Lessee the Premises
described on Exhibit A attached hereto.
2 . Term. The term of the Lease is sixty (60) years
commencing on April 6, 1989 , and expiring on April 6, 2049.
Lessee has the option to terminate the Lease at any time upon
ninety (90) days prior written notice to Lessor.
3 . Other Terms and Conditions. The other terms and
conditions are set forth in the Ground Lease Agreement.
IN WITNESS WHEREOF, Lessor and Lessee have executed this
Memorandum of Lease as of the day and year first set forth above.
ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI, a
municipal corporation
By:
Evelyn G. LeGrant J. Ronald Fischer, City Manager
City Clerk `'
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ATTEST: SHANNON PROPERTIES, INC. , a
Delaware corporation, d/b/a
.� � � S PROP TIES, INC.
. .
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r f; . .
� ''. �SS! �S�c�retary �,�-��� Title: �C c.US'i0�/✓r
- �
STATE OF MISSOURI )
)
COUNTY OF )
On this day of , 1989, before me
personally appeared , to me personally known,
who, being by me duly sworn, did say that he is the
of the City of Cape Girardeau, Missouri, and that the seal
affixed to said instrument is the corporate seal of said City,
and that said instrument was signed and sealed on behalf of said
City by authority of its , and said
acknowledged said instrument to be the free act and deed of said
City.
In witness whereof I have hereunto set my hand and affixed
my official seal at my office in said county and state the day
and year last above written.
My term expires
, Notary Public
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STATE OF NORTH CAROLINA )
)
COUNTY OF MECKLENBURG )
On th' s � day of April, 1989, before me personally
appeared � / _ � , to me personally known, who, being
by me duly sworn, did say that he is the 1/�lC- O/�5�of Shannon
Properties, Inc. , a Delaware corporation, d/b/a S Properties,
Inc. and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was
signed and sealed on behalf of said corporation by authority of
its board of directors, and said /�/S�/L�/� ,�Z/I7vnAacknowledged said
instrument to be the free act and deed of said corporation.
In witness whereof I have hereunto set my hand and affixed
my official seal at my office in said county and state the day
and year last above written.
riy term expires -��� �
� • Notary Public
3L-9-1
EXHIBIT A
LEGAL DESCRIPTION
A part of Outlot 61 of United States Private Survey Number 2199,
Township 31 North, Range 13 East, City and County of Cape
Girardeau, described as follows:
Beginning at a point on the south line of Outlot 61, S 82 ) 37 '
04" E, 2193 . 56 feet from the southwest corner of Outlot 61;
Thence N 02 � 06 ' 36" W, 60. 00 feet; Thence S 82 � 37 ' 04" E, 60. 00
feet; Thence S 02 � 06 ' 36" E, 60. 00 feet; Thence N 82 � 37 ' 04" W,
60. 00 feet to the point of beginning, containing 0. 08 acres.
3L-9-4