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HomeMy WebLinkAbout93-245 Resolution No. 93-245 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS AND HOLD HARMLESS AGREEMENT WITH ELGIN RIVERBOAT RESORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Access and Hold Harmless Agreement on behalf of the City of Elgin with Elgin Riverboat Resort to permit preconstruction activities at the riverboat site, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 8, 1993 Adopted: September 8, 1993 Vote: Yeas 5 Nays 2 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ACCESS AND HOLD HARMLESS AGREEMENT THIS AGREEMENT is made and entered into as of September 8, 1993, by and between the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the "City") , and ELGIN RIVERBOAT RESORT, an Illinois partnership (hereinafter referred to as "Developer" ) ; WHEREAS, the City and Developer entered into a Development Agreement on June 24, 1992, for the establishment of a riverboat gaming facility along the Fox River on property owned by the City and legally described in Exhibit A hereto; and WHEREAS, the City has entered into a certain easement agreement as grantee with the Kane County Forest Preserve as grantor for an easement over Forest Preserve District property located between National Street and Lake Street along the eastern boundary of the Fox River and legally described in Exhibit B hereto; and WHEREAS, the City has provided for the assignment of said easement agreement to the Developer through an amendment to the subject Development Agreement entered into as of June 23, 1993; and WHEREAS, prior to Developer exercising its option for the Ground Lease Agreement which is part of the Development Agreement with the City, the parties desire that the City complete its environmental investigations and remediations which are required and set forth under the subject Development Agreement; and WHEREAS, the parties hereto have determined that it is necessary and desirable for Developer to be able to enter onto the subject property for the purpose of conducting topographical surveys, soil borings, engineering investigations, and other preconstruction activities (all of same hereinafter referred to as "preconstruction activities") prior to the City completing its environmental examinations and remediations. NOW, THEREFORE, for and in consideration of Developer being permitted reasonable access to the subject property by the City to allow for preconstruction activities, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City shall permit Developer or its representatives to enter upon the property legally described on Exhibits A and B hereto to conduct preconstruction activities . 2 . Developer agrees to indemnify and hold harmless the City of Elgin, the Kane County Forest Preserve District, their officers, employees and agents, from and against any and all damages, losses, claims, causes of action, lawsuits, losses, suits, judgments, or any and all liability whatsoever arising out of Developer' s or its representatives ' activities on said property. 3. The City may terminate all rights of access granted under this agreement at any time by written notice to Developer or its attorney. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the date first written above. CITY OF ELGIN, a municipal ELGIN RIVERBOAT RESORT, an corporation Illinois partnership By: RBG I,P ,one of its partners By: HC'•h. C ..nation, its ge al By cs./:,-f7 r'e. ..‘ i By George4anDeVoorde, Mayor i Js Gepe 1 /Pa tner Name 1-s/— Attest: Title Vi t) 19Q611-/-v‘-til hki2,e-t_i City Clerk EXHIBIT A Lots 2-14 inclusive, in Block 358 of 0. Davidson's Addition to Elgin, in the City of Elgin, Kane County, IL Lots 1-28 inclusive, in Block 359 of 0. Davidson's Addition to Elgin, in the City of Elgin, Kane County, IL Lots 1-12 inclusive of Davidson's Grove Ave Sub. in the City of Elgin, Kane County, IL That portion of Wellington Ave lying South of the southernmost part of Lake Street described as Wellington Row between Lake Street and National Street in they City of Elgin, Kane County, IL Lots 4, 5 and 6 on Block 379 of Railroad Addition to Elgin, in the City of Elgin, Kane County, IL 7 EXHIBIT B That part of the Southwest Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: Beginning at the intersection of the North line of Lot 1 in Block 3 of 0. Davidson's Addition to Elgin with the Easterly right-of-way line of the former Chicago, Aurora and Elgin Railway; thence South 38 degrees 38 minutes 39 seconds East (assumed bearing) along said Easterly right-of-way line extending through part of Lots 1 through 4 in Block 3 of said 0. Davidson' s Addition, 264 . 16 feet to a point on the Southerly li.te of ;mot 4 i.z :aid Block 3 that. is 191 .06 feet Southwesterly of the most Easterly corner of said Lot 4 (as measured along said Southerly line) ; thence South 52 degrees 54 minutes 18 seconds West along said Southerly line 23.94 feet to a point that is 215.0 feet Southwesterly of said most Easterly corner (as measured along said Southerly line) ; thence South 37 degrees 15 minutes 05 seconds East extending through part of Lots 5 and 6 in said Block 3, a distance of 132.05 feet to a point in the southerly line of said Lot 6 that is 215 . 0 feet Southwesterly of the most Easterly corner of said Lot 6 (as measured along the Southerly line thereof) ; thence North 52 degrees 54 minutes 18 seconds East along said Southerly line 27. 17 feet; thence South 38 degrees 38 minutes 57 seconds East along the Easterly right-of-way line of said Chicago, Aurora and Elgin Railway extending through part of Lots 7, 8 and 9 in said Block 3, a distance of 198. 14 feet to a point on the Southerly line of said Lot 9 that is 183.0 feet Southwesterly of the most Easterly corner of said Lot 9 (as measured along the Southerly line thereof) ; thence South 49 degrees 58 minutes 07 seconds East along said right-of-way line extending through part of Lots 10, 11 and 12 in said Block 3, a distance of 186.25 feet to a point on the Southerly line of the Northwesterly three-quarters of said Lot 12 that is 142.0 feet So'ithwest'mrly of the Westerly line of Grove Avenue (as measured along said Southerly line) ; thence South 26 degrees 16 minutes 27 seconds East along said right-of-way line, 100 .62 feet to a point on the Northerly line of National Street that is 163.99 feet Westerly of the Westerly line of Grove Avenue (as measured along said Northerly line of National Street) ; thence South 63 degrees 24 minutes 56 seconds West along said Northerly line, 195 feet, more or less, to the Easterly shoreline of the Fox River; thence Northwesterly along said shoreline, 841 feet, more or less, to the North line of Lot 1 aforesaid; thence North 52 degrees 54 minutes 18 seconds East along said North line, 95 feet, more or less, to the Point of Beginning. Said parcel contains 2 .73 acres, more or less.