HomeMy WebLinkAboutRES.07-06-1977.Conservation Commission e �,
A RE50LUTION APPROVING THE FORM OF A LEASE AGREEMENT BETWEEN
THE CITY OF CAPE GIRA.RDEAU, MISSOURI , AND THE CON5ERVATION
COMMISSION OF THE STATE OF MISSOURI, AUTHORIZING THE MAYOR
TO EXECUTE
WHEREAS , the City of Cape Girardeau, Missouri, owns
certain land located adjacent to the Mississippi River and
the Conservation Commission of the State of Missouri desires
to develop said land for the use of the general public as
a public access to the River; and
WHEREAS , the said parties desire to enter into a
Lease Agreement for said land;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
1. The "Lease Agreement" between the City of Cape
Girardeau, Missouri, and the Conservation Commission of the
State of Missouri, copy attached hereto marked Exhibit "A'° ,
is approved as to form.
2 . The Mayor is hereby authorized and directed to
execute said "Lease Agreement" , copy attached hereto marked
Exhibit °'A" , for and on behalf of the City of Cape Girardeau,
Missouri. �
PASSED AND APPROVED THIS � DAY OF ►
1977.
�j C�/ v�'y`�
MAYOR
ATTEST:
) � ,
�/
�(G�(�{�CeC�
CITY CLERK
' �
1 � •
LEASE AGREEMENT
THIS ZNSTRUMENT is made and entered into this
day of , 1977, by and between the City
of Cape Girardeau, Missouri, a municipal cor�oration, hereinafter
referred to as LESSOR, and The Conservation Commission of the
State of AZissouri, an agency of the State of Missouri, hereinafter
referred to as LESSEE.
� WITNESSETH:
WHEREA� , the LESSOR owns land in fee simple absolut:e
located adjacent to the P�ississ�.ppi River in Cape Girardeau
County, Missouri , and it is t�ie desire of said LESSEE to develop
for the use of the general public an access area on the Mississippi
River on the land owned by the LESSOR, and
WHEREAS, it is the desire of the LESSOR to lease to
the LESSEE, in accordance with the terms hereinafter set out,
certain property for use as a public access area on the Mississippi
River.
NOW, THEREFORE, in consideration of the premises and
the covenants and other agreements herein made and the payment
of One Dollar and no/100 ($1.00) and other good and valuable
consideration, the receigt is hereby acknowledged by the LESSOR,
the parties agree as follows :
1. The LESSOR, pursuant to authorization by the City
Council of Cape Girardeau, Missauri , does hereby demise ar�d
lease to said LESSEE certain property described in Paragrap'�.
Three (3) below, owned by it ar.d located in Cape Girardeau �:Uunty,
Missouri , for a period of ninety-nine (99) years, beginning
on the date of the execution of this instrument and terminating
ninety-nine (99) years thereafter.
2 . If the LESSEE should fail or discontinue using the
leased property as a public access area on the Mississippi River,
or should fail to keep the other agr�ements contained herein,
IXH1$IT `A"
. �
then this agreement may be terminated by the LESSOR givin� thirty
(3Q) days written notice of its desire to terminate this agreement,
and unless the property is then used as a public access area
or the other agreements then performed by the LESSEE, this agreement
will then be terminated.
3. The property to be leased by the LESSOR to the LESSEE
is described as follows , to-wit:
That property which is more particularly described
on the attached Exhibit A which is attached
. hereto and made a part hereof as though fully
set out.
4 . The LESSEE agrees to construct at their expense
and at their direction a river access area that will include
a boat launching facility and other facilities that will be
necessary for the proper use and operation of an access area
for the general public. The LESSEE is to develop said area
in accordance with its pZans and specifications and no commercial
advertising or �ending of inerchandise will be allowed on the
area.
5. The LESSEE covenants and agrees:
� (a) To use the above described premises for the
purpose of constructing a river access area
includinq a boat launching facility among others ,
and developing and using said property as an
access area on the Mississippi River for the
use of the general public, and for no other
purpose, unless the written consent of LESSOR
is first obtained.
(b) Not to assign this lease or sublet the above
described property or any part thereof without
first obtaining the written consent of the LESSOR.
6 . The LESSOR agrees to provide maintenance of the
area consisting of mowing and the control of other weeds and
grasses and to provide removal of trash and other litter from
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the area and to keep the premises in a safe and clean condition
during the term of this agreement. Any expenses to the repair
or maintenance of the improvements placed on the area will be
done at the expense and at the direction of the LESSEE.
7 . This area is only to be used by the LESSEE for the
purpose of the development of an access area on the Mississippi
River. This facility wi11 be open for the use of all the general
public during the term of this Lease Agreement.
, IN WITNESS WHEREOF, the LESSOR and the LESSEE havE caused
this agreement to be executed by their respective officials
and to be duly authorized on the day and year first above written.
LESSOR:
Y City of Cape Girardeau, Missouri
Mayor '
ATTEST:
City Clerk
' LESSEE:
The Conservation Commission of
the State of Missouri
By
Carl R. Noren, Director
3.
� �
ACKN4WLEDGMElV'T
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEI�U )
On this day of , 1977, before
me personally appeared IiOt�1ARI7 C. TOOKE, to me known to be the
person described in and, who, laeing by me duly sworn did say
that he is the M�yor of the City of �'ape Girardeau, Missouri,
a municipal corporation, and that the seal aftixed to the foregoing
is the corporate seal of said corp�ration, and that said instrument
' was signed and sealed in behalf of said corporation by authority
of its City Council and said HOWARD C. TOOKE acknowledged said
instrument to be the free act and deed of said corporation.
IN WITNESS ��THEREOF, I hav� hereunto set my hand and
affixed my official seal at my office in Cape Girardeau, the
day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires :
October 8, 1980 .
. -------------------------------------_----------------------------
• STATE OF MISSOURZ )
) s� .
COUNTY .OF COLE )
On this day of , 1977, before
me, , a Notary
Public, appeared Carl R. Ploren, to me personally known, who
being by me duly sworn did say that he is Director of the Cc�nservation
Commission of the State of Missouri and that this instrumeni.
was signed on behalf of the Cons�rvation Commission of the State
of Missouri by authority of said Commission and that he acknowledged
said instrument to be the free act and deed of the Conservation
Commission of the State of Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
Notary Publ.ic
My Commission Expires
4 .
1 , Y.
11CKNOWLEDGTIEI�T
STAiE OF MISSOURI )
) sS .
CGtT!�1TY OF CAPL GZRARDE��L� )
t'�! tri'-s ! ciay c�f , 1977, t:;c f=c,re
rn�: gersonal..ly appeared liOT�dI�R,.� C. �T'Oi)K�, to me known to b� t:he
person des.:..ribed in ana;�atio, beirlg by m� duly sworn did say
that he is the h7ayor of_ the City of Cape Ciraxcieau, Missouri,
a munici}aaI corporation, ancl that the ser�l affixed to the foreqoinq
is the crar�nrate seal o� ��aid �orp��ration, and that said instrument
' was signea and sealed in behalf of said corporation by authority
of ats CS.ty Coun.cil and :�aid F�OW�RD C. TOOKE acknowledged said
instr�lrnent tG be the free act and d�cd of said corporation.
IN �tiITNESS t;T�iER�'OI', I have h�rEunto set my hand aiic3
affixed my official seal at my office in Cape Girardeau, the
day and year first above wri�t�n.
Delor�s G. Needham, Notary Public
My Comrnission Expires :
October 8, 1980 .
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� STATF (?F PdISSOURI )
� SJ •
COJNTY OF COI�� )
On this � da�T of , 1977, before
me,
, a Notary
Public, appeared Carl R. cloren, to me personally known, who
beinq by me duly sworn clid say that he is Direetor of the Cc�nservation
Commission of the State o.f_ Missouri and that this instrument:
was signed an behalf of the Conservation Commisszon of the St��te
of Ml:]JOUZ�1. by authority of said Commission and that he acknowledged
said instru.ment to be the free act and deed of the Conservation
Commi_ssion af thE State of i�Iisaouri.
IN WITNESS WFiEREOF, I h�ve hereunto set my hand and
affixed my official seal l.he day and year first above written.
Notary Public
My Cammission Expires
4 .
' E �
1`aCK�vQWLEDG2�E�;T
STA.TE OF MISS�URI )
) ss.
COUNTY �F C��PE GIR��?:��E�"�t� 3
On this _� cf.�.y c�f , , 1977, b�fore
me persalially appearec� Ii0!-�,�1k?? C. `i'Ou?iE, to me known to bP the
person clescrib�d in anc�;��aho, being by r�e duly sworn did say
that he is the �iayor of. �1�� City cf Cape Girard�au, hii5souri,
a municipal corporation, ��ncl ttiat the seal affixed to the foreg�ing
is the carporate aeal oL said corp�ra�ion, and that said znstrument
' was signe�i and sealed in behatf oF said corporation by authori�y
of its City Council and ,��ai.d H04v�RD C. TOOKE �cknowledged said
instrument to be t}1e fr��c act and deed or" said corporatian.
TN [�?I'I°��ESS �;�}3LR1;OP, I: have her�unto set my hand and
affixed my of.fici�.l seal at my office in Cape Girardeau, the
day and year first above wri.tten.
Delores G. Needham, Notary Public
My Comr,�ission rxpires :
October 8, 1980 .
: ----------------------------------------------------------_______--
STAlE OF MISSOURI }
} SJ •
courl2�Y oF coL� }
On this cia�� o� , 1977, before
me,
__� , a Notary
Public, app�ared Carl F,. Ivior�n, to me per_sonally kno��n, who
being by me duly sworn u.id �ay that he is Director of the Conservation
Commission af the State of i�1is.:,ouri an�� that this instxument:
was signea on bchalf of. the Conservation Comm.ission of the State
of Mi.ssouri by auth�z�ity of saia Commission and that he acknowledged
said instrument to be the free ac� and deed of the Gonservation
Commission ai the 5tate af ��Iissouri.
Ir: WITN�SS C�iHEItI:UF, T tzave hereunto set my hand and
affixed my offici�l seal �lie day and year first above written.
Notary Public
My Commission Expires
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