Attachment A - DACW43-1-13-11 USACE Lease_Supplemental Agreement 1.pdf

EXHIBIT B

DACW43-1-13-11

DEPARTMENT OF THE ARMY

LEASE TO ILLINOIS

FOR PUBLIC PARK AND RECREATIONAL PURPOSES

WAYNE FITZGERRELL STATE PARK

REND LAKE

FRANKLIN AND JEFFERSON COUNTIES, ILLINOIS

THIS LEASE is made on behalf of the United States and the SECRET ARY OF THE ARMY, hereinafter referred to as the Secretary, and Illinois Department of Natural Resources, hereinafter referred to as the Lessee, WITNESSETH:

That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit "A", attached hereto and made a part hereof, designated as Tract Nos. 318, 319, 320,323,324, 325, 326, 327, 328, 330, 331, 332, 356,357,359,366,455, 600, 601, 602, 603, 604, 605, 606, 607, 608,610,616, 619, 620, 622, 623, 627, 628, 635-2, 640, 727, 729, 734, 740, 743, 744, 745, 746, 747, 748, 749, 750, 753, 754, 756, 758, 759, 764, 765-1, 765-2, 1013, 1023-2, 1023-3, 1025, 1027, 1034, 1035, 1036, and Part of Tract Nos. 310,317,354,355,365,372,438,454, 625, 626-1, 637,638,639, 715, 716, 728, 730, 731, 732, 736, 767-1, 767-2, 767-3, 1014, 1023-1, 1028, 1029, 1033, 1037 and 1040, containing 3302.14 acres, more or less, hereinafter referred to as the premises, for public park and recreational purposes.

THIS LEASE is granted subject to the following conditions:

1. TERM

Said premises are hereby leased for a term of twenty-five (25) years, beginning December 17, 2012, and ending December 16, 2037.

2. CONSIDERATION

The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth.

State Park Lease 3 May 1999

Attachment A - DACW43-1-13-11 USACE Lease

DACW43-l-13-11

3. NOTICES

All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee to Illinois Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702-1271; and if to the United States, to the District Engineer, ATTN:

Chief, Real Estate Division, 1222 Spruce Street, St. Louis, Missouri 63103, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service.

4. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor" shall include their duly authorized representatives. Any reference to "Lessee" shall include sub lessees, assignees, transferees, concessionaires, and its duly authorized representatives.

5. DEVELOPMENT PLANS

a. The Lessee shall be guided by an implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit "B", which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sub lessees. The Lessee shall provide a copy of any amendment to the Development Plan before proceeding to implement any changes in the development or management of the leased premises. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer.

b. During the term of the lease, the District Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments.

6. STRUCTURES AND EQUIPMENT

The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION.

7. APPLICABLE LAWS AND REGULATIONS

a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business.

The Lessee shall make and enforce such regulations as are necessary and within its legal

State Park Lease

DACW43-1-13-ll authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d.

b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. The Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the Condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction.

8. CONDITION OF PREMISES

a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto.

9. FACILITIES AND SERVICES

The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease.

10. TRANSFERS, ASSIGNMENTS, SUBLEASES

a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease.

b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development.

State Park Lease

11. FEES

Fees may be charged by the Lessee for the use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub-lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law.

12. ACCOUNTS, RECORDS AND RECEIPTS

All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub-lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit.

13. PROTECTION OF PROPERTY

The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer.

14. RIGHT TO ENTER AND FLOOD

The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material, except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof.

State Park Lease

15. LIGHTS, SIGNALS AND NAVIGATION

There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee.

16. INSURANCE

a. At the commencement of this lease, the Lessee, unless self-insured, and its sub lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts ofliability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the sub-lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance.

b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance.

c. The District Engineer may require closure of any or all of the premises during any period for which the sub-lessees and concessionaires do not have the required insurance coverage.

17. RESTORATION

On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefore, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises.

State Park Lease

18. NON-DISCRIMINATION

a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board.

b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sub lessees and assigns.

19. SUBJECT TO EASEMENTS

This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer.

20. SUBJECT TO MINERAL INTERESTS

This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws.

21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQIBSHMENT

a. The Lessee and/or any sub-lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event the Lessee violates any of the terms and conditions and continues and persists in such non-compliance. The Lessee will be notified of any non compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance. Failure to satisfactorily correct any substantial or persistent non-compliance within the specified time is grounds for closure of all or part of the

State Park Lease premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms.

b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES.

22. HEAL TH AND SAFETY

a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub-lessees and concessionaires operate and maintain the premises in such a manner.

b. In addition to the rights of revocation for non-compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected, the District Engineer will have the option to revoke the lease. The Lessee and its assignees or sub-lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition.

23. PUBLIC USE

No attempt shall be made by the Lessee, or any of its sub-lessees or concessionaires, to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public.

24. PROIDBITED USES

a. The Lessee shall not permit gambling on the premises. Specifically prohibited are;

the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere. District Engineers may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, of the Lessee. The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose.

There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance.

b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer.

State Park Lease

c. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in connection with other approved activities. Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited.

25. NATURAL RESOURCES

The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPEMNT PLANS herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease.

26. DISPUTES CLAUSE

a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. § 601-613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act.

b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph c.(2) below.

c. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject to written decision by the District Engineer.

(2) For Lessee claims exceeding $50,000, the Lessee shall submit with the claim a certification that:

State Park Lease 3 May 1999

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and

(iii) The amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable.

(3) (i) If the Lessee is an individual, the certificate shall be executed by that individual.

(ii) If the Lessee is not an individual, the certification shall be executed by:

(A) A senior company official in charge at the Lessee's location involved;

or

(B) An officer or general partner of the Lessee having overall responsibility of the conduct of the lessee's affairs.

d. For Lessee claims of $50,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $50,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made.

e. The District Engineer's decision shall be final unless the Lessee appeals or files as suit as provided in the Act.

f. At the time a claim by the lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause.

g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the District Engineer receives the claim, and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal or action arising under the lease, and comply with any decision of the District Engineer.

State Park Lease

27. ENVIRONMENTAL PROTECTION

a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake.

Services for waste disposal, include sewage pump-out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Lessee's activities, the Lessee shall be liable to restore the damaged resources.

c. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises.

28. ENVIRONMENTAL BASELINE STUDY

An Environmental Baseline Study (EBS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit "C". Upon expiration, revocation or termination of this lease, another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION.

29. HISTORIC PRESERVATION

The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the District Engineer and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed.

State Park Lease

30. SOIL AND WATER CONSERVATION

The Lessee shall maintain, in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the District Engineer.

31. TRANSIENT USE

a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites.

b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized by the District Engineer.

32. COVENANT AGAINST CONTINGENT FEES

The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

33. OFFICIALS NOT TO BENEFIT

No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company.

34. MODIFICATIONS ·

This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease.

State Park Lease

35. DISCLAIMER

This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344).

IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this/ 770' day of ..?b-c ,,. h , 2012.

state ivision Corps of Engineers

St. Louis District

THIS LEASE is also executed by the Lessee this Qec~ ,2012

_5~+vi.~ ___ day of

State Park Lease 3 May 1999 mentof Natural Resources

APPROVED [01 EXECUTIOI\!

Jate: / I q 2- /[J { 2, :..egal Counsel: SL/{~

ACKNOWLEDGMENT

STATE OF ________ )

ss

COUNTY OF _______ )

On this "- T'r\ day of _"...:=:_'"_'-_"-_,:..._'"'..._---''---';~:...:"c..,'•·~~-- 2012 b " h d • d "" D "" , , eLore me t e un ers1gne

Notary Public, personally appeared v•(\:f\"e, {),; i_LR.r , known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

OFFICIAL SEAL

THOMAS A BUMGARDNER

NOTARY PUBLIC· STATE OF 1Ll.lN01S

MY COMMISSION EXPIRES:12/11114

My Commission Expires:

State Park Lease 3 May 1999

Notary Public

ACKNOWLEDGMENT

STATE OF MISSOURI )

ss

CITY OF ST. LOUIS )

On this /1-fh day of /)()J!f-1uJd:c , 2012, before me the undersigned Notary

Public, personally appeared Timothy J. Nelson, Chief, Real Estate Division, U.S. Army

Engineer, St. Louis, District, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

My Commission Expires:

0pv112zao1i

THIS INSTRUMENT PREPARED BY:

Joi yerla, Re ty Specialist U .. Army Corps of Engineers 1222 Spruce Street St. Louis, Missouri 63103

(314) 331-8177

Nc@ary Public

JOIE_R. LYERLA

Notary Public

Commissioned for St Louis County My Commission Expires: Apnl 27, 2014

Commission Number: 10957318

REVIEWED FOR LEGAL SUFFICIENCY BY:

State Park Lease

. I

EXHIBIT ''A''

2012 Wayne Fitzgerrel! State Park

Legend

EXHIBIT "A"

-- Wayne Fitzgerrel\ State Park s

EXHIBIT ''B''

Illinois Depa1tment of Natural Resources Five Year Development Plan

• Anny Corps of Engineers - Rend Lake Project - Wayne Fitzgerrell State Park July 2012

The following projects constitute the current capital budget request for State FYI 3-17 for Wayne Fitzgerrel! State Park in Franklin and Jefferson Counties, Illinois. The projects represent site level priorities and regionally requested projects.

As such, project descriptions, details and budget amounts should be considered preliminary unless project funding and a timeftame is noted. Fiscal implications of these proposed capital improvements are subject to further IDNR consideration and must compete statewide for limited funding. This compilation was prepared at the request of the Army Corps of Engineers, from which all land at the site leased to IDNR.

Wayne Fitzgerrell

Site Priority

Project Budget ($1,000s)

Rend Lake Resort- project in progress, constructs 5,000.0 New boatel unit, a restaurant/pier addition, outdoor Events center, repairs to existing mechanical systems, repairs to existing facilities throughout the resort.

Replace Hydrants, Fountains & Lights Replace Sanitary Lift Station Pumps Renovate Shower Buildings Bike Trail Completion Handicap Fishing Pier Visitor Center Seasonal Concession Building Resort Playground Surfacing

1,248.0 200.0 393.0 155.0 255.0

2,500.0 500.0

25.0

1n addition to the above projects and the following project details, IDNR has continuing interest in furthering the Rend Lake Bike Trail to fulfill the objectives of the Southern Illinois Regional Bike Trail Plan (1998). Specifically, the Plan advocated creating a loop trail connecting the east and west sides of the lake on the Rt. 154 causeway and to make linkages with local communities.

EXHIBIT "B"

7/3/2012 I

• Anny Corps of Engineers - Rend Lake Project - Wayne Fitzge1i-ell State Park

DNR PROJECT#: WAYNE FI6

AGENCY: NATURALRESOURCES LOCATION: WAYNEFITZGERRELL

July 2012

PROJECT TITLE: REPLACE HYDRANTS, FOUNTAINS & LIGHTS

FACILITY PRIORITY: 001 :

ESTIMATED COST: $1,248.0

SOURCE OF FUNDS: CDF

SOURCE OF ESTIMATE: CDB

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: CU

DA TE OF ESTIMATE: 04/29/05

Most of the drinking fountains and water hydrants at Wayne Fitzgerrell were installed in the mid 1970s. These fixtures are difficult to find I replacement parts for, are prone to break down and do not meet current standards for accessibility and public health requirements. In addition, there are some recreation areas that lack any potable water. New fountains and hydrants are needed in the day use and campground areas of the park. Some restroom facilities do not have a water hydrant in close proximity which makes routine cleaning difficult. The main picnic areas of the park have no electric service and no security lights. This makes this area essentially non-usable during evening hours. The existing ground mounted grills at each campsite in the campground are rusted through and need replacement. There are presently no lantern posts at any of the existing campsites. Campers string lights and lanterns on nearby trees causing damage. Many campers demand full service campsites with water, electric and sewer. Presently there are no full service campsites at Wayne Fitzgerrell.

RECOMMENDED SOLUTION: (Optional) This project will provide for the following: Extend water lines in the campground and day use areas. Replace existing water hydrants and fountains with DNR standard units. Add additional hydrants and fountains to provide better access for campers. Make one existing campground loop (Bay Area-31 sites) into full service campsites with individual water, sewer and electric service. Extend sewer force main, install collection system and lift pumps as needed. Add another 50 hydrants throughout the campground and 10 drinking fountains to improve water service. Add flush hydrants as needed to meet Public Health standards. Replace 243 ground mounted fire grills with new permanently anchored grills at each campsite. At ADA sites, increase height of grill to meet current standards. Install one lantern post at each campsite (243 needed). At the Picnic Areas:. Install (4) DNR standard drinking fountains with hydrant at 4 picnic shelters. Extend electric service into Shelters I, 2 and 3. Install new security lights at each shelter and at 3 road intersection locations.

7/3/2012 2

• Army Corps of Engineers - Rend Lake Project - Wayne Fitzgerrel! State Park

DNR PROJECT#: WAYNE F24

AGENCY: NATURAL RESOURCES LOCATION: WAYNEFITZGERRELL

July 2012

PROJECT TITLE: REPLACE SANITARY LIFT STATION PUMPS

FACILITY PRIORITY: 002

ESTIMATED COST: $200.0

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

SOURCE OF FUNDS: CDF

SOURCE OF ESTIMATE: CDB

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: CU

DATE OF ESTIMATE: 05/30/08

The site has a network of sanitary sewer force mains that remove waste to a local treatment plant operated by the Rend Lake Conservancy District.

There are six lift stations throughout the site that each have two pumps. The pumps vary in age and condition. The pumps are in constant use due to the amount of waste generated by 115 lodging units at the Rend Lake Resort and 243 Class A campsites. The stainless steel guides that are used to expedite removal and replacement of the pumps have rusted and make removal of the pumps difficult. Failure of the pumps would disrupt service and operation of the Rend Lake Resort and Class A Campground.

RECOMMENDED SOLUTION: (Optional) This project will provide for the replacement of twelve (12) pumps at six (6) lift stations located throughout the park. Replacement of the guides used for removal and replacement of the pumps will be included as well.

7/3/2012 3

Illinois Depa1tment ofNatural Resources

• Army Corps of Engineers - Rend Lake Project - Wayne Fitzgerrell State Park

DNR PROJECT#: WAYNE F22

AGENCY: NATURALRESOURCES LOCATION: WAYNEFITZGERRELL

July 2012

PROJECT TITLE: RENOVATE SHOWER BUILDINGS

FACILITY PRIORITY: 003 :

ESTIMATED COST: $395.0

SOURCE OF FUNDS: CDF

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

SOURCE OF ESTIMATE: CDB

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: B

DATE OF ESTIMATE: 05/18/05

Wayne Fitzgerrell has three existing shower buildings in the Class A Campground that get heavy use. The oldest building is a concrete block structure that was built in 1976 and is open year round. The building has the original plumbing fixtures and shower stall arrangement. Stall partitions are made out of plywood and require annual painting or replacement. Doors and windows are non-insulated or single pane and energy in-efficient. The building is deficient in providing access to persons with disabilities. Two other shower buildings were built in the early 1980s and are wood frame structures. They have the original plumbing fixtures and hardware, hot water heaters and ventilation systems. These buildings are seasonally closed. All three buildings are 30-35 yrs. old and need to be renovated to correct energy inefficiencies and remove physical barriers. The campground which they serve is regularly one of the top 5 in the DNR system and collects over $300,000 in revenue annually.

RECOMMENDED SOLUTION: (Optional) This project will provide for the complete renovation of three shower buildings in the Class A Campground. The project will provide for installation of new plumbing fixtures and hardware, new shower and toilet partitions, new lighting fixtures and electrical outlets, new wiring if needed, add or replace insulation, replace or add new ventilation systems, install new energy efficient windows and doors, new interior and exterior finishes, painting and caulking and new sidewalks as needed. Install new roofs, flashings, soffits and fascia and guttering if needed. At each locatio~ construct a new three sided information kiosk to display park regulations and notices with surrounding concrete paving. Add new security lighting at each location.

7/3/2012 4

Illinois Oepaitment of Natural Resources

Anny Corps of Engineers - Rend Lake Project- Wayne Fitzgerrel] State Park

DNR PROJECT#: WAYNE F3

AGENCY: NATURALRESOURCES LOCATION: WAYNE FITZGERRELL

July 2012

PROJECT TITLE: BIKE TRAIL COMPLETION

FACILITY PRIORITY: 004:

ESTIMATED COST: $155.0

SOURCE OF FUNDS: PCB

SOURCE OF ESTIMATE: DNR

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: C

DATE OF ESTIMATE:

The Southern Illinois Regional Bike Trails Plan, completed in 1998, includes development of a bike trail system at Rend Lake. The Rend Lake Bike Trail is being developed in partnership between the Army Corps of Engineers, IDNR, Rend Lake Conservancy District, Rend Lake College and local communities. IDNR has developed 4.5 miles of trail as part of this system at Wayne Fitzgerrel!. The last segment of bike trail to be built at the site was Segment C (completed 20!0).

Beyond the FY08 and FY09 RTP projects, permanent improvements to enhance the bike trail should be considered such as trailhead improvements (kiosk with exhibits, seating, water fountain) and vehicle gates to prevent motorized use. Future projects under consideration may include development of a bridged connection between the Rend Lake Resort and the campground. This type of development would be a special legislative or administrative initiative.

RECOMMENDED SOLUTION: (Optional) This project will provide for the completion of the bike trail system at Wayne Fitzgerrell to include the following:

. Install approx. 19 bike trail vehicle barrier gates . Install approx. 3 vehicle barrier gates . Install seating and extend water service and drinking fountain/hydrant . Install 2 three sided trail information kiosks . Update park orientation map, fabricate resin embedded displays to mount permanent exhibits.

7/3/2012 5

Illinois Department of Natural Resources

Army Corps of Engineers - Rend Lake Project - Wayne Fitzge1i-ell State Park

DNR PROJECT#: WAYNE FS

LOCATION: WAYNEFITZGERRELL

July 2012

AGENCY: NATURAL RESOURCES

PROJECT TITLE: HANDICAP FISHING PIER

FACILITY PRIORITY: 005

ESTIMATED COST: $255.0

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

SOURCE OF FUNDS: CDF

SOURCE OF ESTIMATE: DNR

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: G

DATE OF ESTIMATE:

Fishing is a popular recreation at Wayne Fitzgerrell State Park. However because the lake is somewhat shallow and due to lake fluctuation levels, shore based fishing is difficult if not impossible at the area. Numerous improvements have been made in the park to improve barrier free access to many programs and facilities. However opportunities for physically disadvantaged anglers to shore fish are non~existent at the park. Construction of an accessible fishing pier would pennit those visitors to enjoy a wider range of park programs. A shore based fishing platfonn offering universal access is needed at Wayne Fitzgerrell.

RECOMMENDED SOLUTION: (Optional) This project will provide for the following:

. Barrier free fishing pier (approximately 12' wd. x 155' length) w/access to deep water fish habitat

. Accessible concrete ramp or sidewalk for access route (61 x 195')

. Security light (3)

. Paved accessible parking spaces 2 (16' x 20'each)

The fishing pier could be either a fixed structure or made from floating docks. The A/E will evaluate the difference in cost as well as the most suitable design for the site.

DNR PROJECT#: WAYNE F9

7/3/2012 6 lllinois Depa1tment of Natural Resources

Anny Corps of Engineers - Rend Lake Project - Wayne Fitzgerrel] State Park July 2012

AGENCY: NATURAL RESOURCES

PROJECT TITLE: VISITOR CENTER

FACILITY PRIORITY: 006 :

ESTIMATED COST: $2,500.0

SOURCE OF FUNDS: CDF

SOURCE OF ESTIMATE: DNR

PROJECT PROBLEM DESCRIPTION:

LOCATION: WAYNE FITZGERRELL

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

PROJECT CLASSIFICATION: G

DATE OF ESTIMATE:

Rend Lake attracts over 2 million visitors annually at all public recreation areas managed by the Corps of Engineers, DNR, and the Rend Lake Conservancy District. Attendance at Rend Lake is expected to increase as more lodging units are expanded and new amenities such as the 30 mile Rend Lake Bike Trail are completed. There are few areas in downstate Illinois that can offer as many outstanding recreation opportunities as the Rend Lake region. Development of a visitor center would enhance visitors' appreciation for natural resource stewardship, serve as an educational resource and promote tourism. This project would construct a visitor center at a prominent location at Wayne Fitzgerrell State Park. The center would serve an important role in natural resource education. orienting visitor use to the Rend Lake area. provide interpretive and educational services to schools and promote tourism in an economically depressed area of the state. The Anny Corps of Engineers could offer assistance in staffing needs w/this facility.

RECOMMENDED SOLUTION: (Optional) This project will construct a visitor center at Rend Lake. The building will contain space for interpretive exhibits, tourism promotion and staff office space. It is expected the building will be approximately 6,300 S.F. in size. Specific elements would include the following:

Exhibit Room 1100 s.f.; conference/break room 500 s.f.; AN Room 750 s.f.; public restrooms 600 s.f.; lobby/reception 500 s.f.; parking for 25 cars, 3 bus/RV spaces; clerical space 300 s.f.; furniture purchase budget ($35.0); interpreter office 125 s.f.; staff office spaces 3 @125 s.f.;

mechanical/walls and circulation 1200 s.f.; publication storage 250 s.f.; staff restroom 120 s.f. All site furniture, cabinetry; merchandise/sales 400 s.f. and merchandise sales area; site landscaping/flagpole/lighting/signs will be included; utility connections.

Include an exhibit budget of $400.0 for the design and fabrication of building exhibits and development of an audio visual program estimated at $100.0. The proposed location would be at the Rt. 154 boat harbor.

7/3/2012 7 lllinois Depattment of Natural Resources

• Army Corps of Engineers - Rend Lake Project - Wayne Fitzgerrel] State Park

DNR PROJECT#: WAYNE F!O

AGENCY: NATURAL RESOURCES LOCATION: WAYNE FITZGERRELL

July 2012

PROJECT TITLE: SEASONAL CONCESSION BUILDING

FACILITY PRIORITY: 007

ESTIMATED COST: $500.0

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

SOURCE OF FUNDS: CDF

SOURCE OF ESTIMATE: DNR

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: G

DATE OF ESTIMATE:

Wayne Fitzgerrell is host to a number of popular, seasonal activities including a nationally recognized field trial program and controlled hunting program. These functions require accommodating large numbers of people at one time. The controlled hunting program requires hunters to check in prior to and after their hunt at a hunter check station. The existing hunter check station is a wooden framed structure approximately 12' x 201 in size. There is no running water or heat in this building which was built in 1978. A new building designed to support the field trial program and controlled hunting program at the site is needed.

RECOMMENDED SOLUTION: (Optional) This project will construct a seasonal concession/hunter check-in station at Wayne Fitzgerrell. It is expected the building will be a slab on grade, masonry block and brick construction, wood trusses and shingled roof. The project will include the following: . Dining/Meeting space for 75 persons (I 000 sf) . Check-in Station (530 sf) and connected to meeting space with doors . Food Prep, Dishwashing and Pantry for short order menu (650 sf). Restrooms and janitor closet (400 sf). Vestibule (110 sf). Mechanical/Circulation/Walls (500 sf). Include kitchen equipment and walk in cooler/freezer. Resealing and striping of an existing parking lot. Exterior lights, landscaping, signage All interior floors will stained and sealed concrete. Walls to be masonry block or painted drywall.

7/3/2012 8

Illinois Department ofNatural Resources

• Anny Corps of Engineers - Rend Lake Project - Wayne Fitzgen-ell State Park

DNR PROJECT#: WAYNE FIS

AGENCY: NATURAL RESOURCES LOCATION: WAYNE FITZGERRELL

July 2012

PROJECT TITLE: RESORT PLAYGROUND SURF ACING

FACILITY PRIORITY: 008

ESTIMATED COST: $25.0

CITY/COUNTY: FRANKLIN,JEFFERSON

FUTURE FUNDS: $

SOURCE OF FUNDS: GR

SOURCE OF ESTIMATE: DNR

PROJECT PROBLEM DESCRIPTION:

PROJECT CLASSIFICATION: C

DATE OF ESTIMATE:

Playgrounds are a fundamental part of the childhood experience. They should be safe havens for children. Unfortunately, according to the Consumer Product Safety Commission, more than 200,000 children are treated in U.S. hospital emergency rooms each year from injuries associated with playground equipment. Most injuries occur when children fall from the equipment onto the ground. The existing playground adjacent to the swim pool at the Rend Lake Resort was installed in 1991. At the time, there were little if any guidelines on the fall zone material needed to provide a safe environment for children. Presently, the fall zone material is a small pea gravel. Over time, this material has migrated out of the fall zone and is only 5-611 deep. The surrounding sidewalk abutting the playground has a steel edge that contains brick pavers. This edging has pulled out of the ground is protruding above the sidewalk thereby creating an extremely sharp edge that could seriously injure a child on the adjacent playground.

RECOMMENDED SOLUTION: (Optional) This project will replace the existing fall zone and replace the edging on the adjacent sidewalks. It is expected the following will be provided: .

Removal of the pea gravel fall zone material, install new drainage if needed to remove water from the area .. Install a new unitary rubberized mat using either mats adhered to a concrete substrate or use ofa poured in place system to meet present safety standards for fall zone material. .

Replace the existing steel edging along the surrounding sidewalks with a rounded concrete curb. Re-set the existing pavers abutting the curbing.

7/3/2012 9

EXHIBIT ''C''

MEMORANDUM FOR RECORD 13 September 2012

SUBJECT: Amendment to the Preliminary Assessment Screening (PAS) conducted in 1996 for the Wayne Fitzgerrel] State Park at Rend Lake.

1. The original PAS prepared in 1996 was…