HomeMy WebLinkAbout93-288 Resolution No. 93-288
RESOLUTION
AUTHORIZING EXECUTION OF A LIC NSE AGREEMENT
WITH KANE COUNTY FOREST PRES RVE DISTRICT
BE IT RESOLVED BY THE CITY COUNCI OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, May.r, and Dolonna Mecum,
City Clerk, be and are hereby autho ized and directed to
execute a License Agreement on behalf of the City of Elgin
with the Kane County Forest Preserve D strict for a temporary
construction easement to the balance .f the property to be
used for the boatyard site adjacent t. the riverboat gaming
site, a copy of which is attached h-reto and made a part
hereof by reference.
s/ Geo •e VanDeVoorde
George VanDeVoorde, Mayor
Presented: November 17, 1993
Adopted: November 17, 1993
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•a • y •
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made this -?,S4A, day of fir, 190,
by and between the FOREST PRESERVE OF KANE COUNTY, an Illinois
forest preserve ("Licensor") , and CITY OF ELGIN, a municipal
corporation ("Licensee") ,
WITNESSET H:
WHEREAS, LICENSEE is about to grant a temporary easement to
ELGIN RIVERBOAT RESORT, an Illinois general partnership ("Resort") ,
enabling the construction of a boat for use in the Fox River to be
constructed by Resort, at the bank of the Fox River in an area
lying south of Prairie Street and west of Grove Avenue, in the City
of Elgin, Kane County, Illinois ("Premises") as depicted in Exhibit
"A" attached hereto and incorporated herein by this reference; and
WHEREAS, some portion or all of the Premises may be owned by
Licensor; and
WHEREAS, the parties have agreed that for and in consideration
of the payment of certain funds and the performance of certain ..
other conditions, the portion of the Premises owned by the Licensor
may be used for the construction and launching of said riverboat;
and
WHEREAS, Licensor is agreeable to granting a license for the
use of said site and Licensee desires to further assign the license
of said sites to Resort to enable it to use said site for such
construction and launching.
1
NOW, THEREFORE, in consideration of the sums provided
hereinafter and the mutual obligation- contained herein, the
parties agree as follows:
1 . Licensor shall have and retain : ll rights to the use and
occupation of the real estate referred ti herein except as herein
expressly granted.
2. Licensor grants to Licensee aid its successors and/or
assigns for the following stated term, the right, license and
privilege ("License" ) to use and occupy ' he real estate described
in Exhibit "A" attached hereto and made a part hereof (the
"Premises") for the construction and launching of one (1 )
riverboat.
In consideration thereof, Licensee shall at its election,
either pay to Licensor the total sum of $167, 984.75 at the time
stated in Paragraph 4D or within eighte-n (18) months after the
commencement of this License shall ca se to be replaced all
landscaping presently located on the Prmises in a condition and
pursuant to a landscaping plan approved u'y Licensor and similar to
(but of equal or greater quality than) 'he landscaping currently
located on the Premises.
This License shall commence fourtee (14) days after Licensee
shall give written notice to Licensor of she Licensee's desire that
the License shall commence and the term of the License shall extend
for sixteen (16) months from and after she announced date of its
commencement but in no event after June , 1995 .
2
The term of this License, as herei above set forth, may be
extended by Licensee for a period of n•t to exceed one hundred
eighty (180) days as specified by Licen.ee by written notice to
Licensor given prior to the expiration of the original License
term, without any additional license f-e being charged to the
Licensee.
Notwithstanding anything express o' implied herein to the
contrary, Licensee may terminate this License without the payment
of the fee specified in Paragraph 2. .bove by the delivery of
written notice thereof to Licensor at any time on or before June 1 ,
1994, provided Licensee has not yet begu any use of the Premises
or caused damage to any landscaping on t e Premises.
3. The Licensor is agreeable that licensee or its successors
or assigns may construct rails and a launching pad for the
launching of the boat and agrees that after the launching is
accomplished, Licensee will promptly remo e the rails and launching
pad from the site, returning the site to its original condition.
4. Licensee and its successors .nd assigns agree to the
following requirements on its or their p:rt:
A. The `real estate covered •y this License shall be
used solely for the purpose of cons ructing and launching the
riverboat which Licensee and Re.ort contemplate having
constructed at the site;
B. The Premises which is being used by Licensee for
construction shall at all times during the license period be
securely fenced starting with the c.mmencement of the License
3
and remain so until the boat h-s been constructed and
launched;
C. The Licensee will provide a guard at the Premises
around the clock as soon as boat con.truction has reached the
stage where it might be vulnerable to vandalism, theft or
damage;
D. Licensee agrees to remove 4ead trees and debris from
the Premises and further agrees to t-ke said material from the
shoreline area owned by Licensor, •epositing it in a proper
dump site; thereafter Licensee agrees to promptly pay the sum
set forth in paragraph 2. hereof or =lternatively, to restore
the Premises after its use thereof o its original condition
or better, in accordance with pa agraph 2. above to be
approved by Licensor.
5. Licensee or its successor aid assigns, upon taking
possession of the Premises shall acquire ..nd maintain in effect not
less than the following coverages in the following minimum amounts:
A. Employer's Liability and orkmen's Compensation as
prescribed by law in Illinois;
B. Comprehensive general lability coverage on an
occurrence basis from an insurance ompany licensed with the
State of Illinois having assets in excess of One Half Billion
Dollars ($500, 000, 000.00) or oth-r insurer approved by
Licensor with at least a Two Million Dollar ($2, 000, 000.00)
single limit coverage on all risks. Licensee shall name the
Licensor as co-insured and shal furnish Licensor with
4
duplicate policies or certificates evidencing insurance in
force as required herein prior to aking possession of the
Premises. Evidence of payment of pr-miums shall be delivered
to Licensor at least thirty (30) day. prior to the expiration
dates of each existing insurance po icy.
6. No waiver by Licensor or any breach or a series of
breaches of this License shall constitute a waiver of any
subsequent breach or waiver of the terms of this License.
7. Any notice hereunder shall be in writing and shall be
delivered by personal service or by Un ted States certified or
registered mail, with postage prepaid, =ddressed to Licensee at
Elgin, Illinois - Attention William Cog ey, with copies to Hyatt •
Development Corporation, 200 W. Madison, Chicago, Illinois 60606,
Attention: Michael C. Shindler or to Li ensor at 719 S. Batavia
Avenue, Geneva, Illinois 60134, Attention: Bradley Sauer, with a
copy to Attorney Patrick M. Kinnally, Mu phy, Hupp, Foote, Mielke
and Kinnally, 8 East Galena Blvd. , P 0 B•x 5030, Aurora, Illinois
60506. Either party, by a similar writt-n notice, may change the
address to which notices shall be sent.
8. If either party institutes any action at law or in equity
against the other party to secure or prot:ct its rights under or to
enforce the terms of this License, in =ddition to any Judgment
entered in its favor, the prevailing pat ty shall be entitled to
recover such reasonable attorney' s fees as may be allowed by the
court together with court costs and reasonable expenses of
litigation.
5
9 . If Licensor shall be subject o any claim, demand or
penalty or become a party to any sui or other judicial or
administrative proceeding by reason of an, claimed act or omission
by Licensee, its employees or agents, or by reason of any act
occurring on the Premises, or by reason o an omission with respect
to the business or operation of the site, Licensee shall indemnify
and hold Licensor harmless against all Judgments, settlements,
penalties, and expenses, including attorn=y's fees, court costs and
other expenses of litigation or administr. tive proceeding, incurred
by or imposed on Licensor in connection ith the investigation or
defense relating to such claim or litigation or administrative
proceeding and, at the election of Lice sor, Licensee shall also
directly defend Licensor against same.
10. All references in this License to the singular shall
include the plural where applicable, a d all references to the
masculine shall include the feminine :nd vice-versa. Either
reference shall be declared invalid, such decision shall not affect
the validity of any remaining portion, w ich shall remain in full
force and effect.
11 . Licensor and Licensee agree that this License is
assignable by Licensee, but only to or for the benefit of Elgin
Riverboat Resort or its constituent paruners or it subsidiaries.
No other assignment, whether directly by icensee or as a matter of
law, shall be valid without the prior written consent of Licensor
(which consent shall not be unreasona.ly withheld or delayed)
except that Licensee may assign this Lic-nse to its lenders as
6
•
collateral security for its financing for the construction of the
boat upon written notice to Licensor.
12. Licensee agrees that this License supersedes any or all
other agreements and representations respecting the use of the site
and contains all the terms, obligations and conditions of the
parties with respect to granting this License.
13. Licensee shall have no authority, express or implied, to
act as agent of Licensor, for any purpose. Licensee or its
successors and assigns are, and shall remain, independent
contractors responsible for all obligations and liabilities of, and
for all loss or damage to, the Premises, including any personal
equipment or fixtures connected therewith and for all claims or
demands based on damage or destruction of property or based on
injury, illness or death of any person or persons, directly or
indirectly, resulting from the use of the Premises.
14. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original but all of which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, each of the parties hereto have caused
this License to be executed by its duly authorized representative
as of the day and year first above written.
LICENSOR: LICENSEE:
FOREST PRESERVE OF KANE COUNTY CITY OFELGIN
By: I /,�a��/�, +. .. By: �' 1�-w
s btny ° Its
/Mayor
ATTEST: ATTEST:✓
:1 4.
Secretary City Clerk
7
STATE OF ILLINOIS )
: SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County and
State aforesaid, do hereby certify that Bradley Sauer, personally
known to me to be the President of the Forest Preserve District of
Kane County, an Illinois forest preserve district, and Robert
Quinlan, personally known to me to be the Secretary of said
district, and personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such
President and Secretary, they signed and delivered the said
instrument as President and Secretary of said Forest Preserve
District.
GIVEN under my hand and official seal this day of
�a�rLl9 , 199A.
"OFFICIAL SEW
Charles N.Budde NOTARY PUBLIC
Notary Public,State of Illinois
Commission Expires 4-8-90
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, do hereby certify that65-1 ,
personally known to me to bp the Mayor o Elgin, an Illinois
municipal corporation, and ) )t bihhek , personally known
to me to be the City Clerk of Elgin, and Personally known to me to
be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that as such May and City Clerk they signed and
delivered the said instrument as Mayor and City Clerk of Elgin and
caused the corporate seal of said municipal corporation to be
affixed thereto, pursuant to authority given by the City Council of
said municipal corporation as their free and voluntary act, and as
the free and voluntary act and deed of said municipal corporation
for the uses and purposes therein set forth.
GIVEN under my hand an official seal this lkday of
, 199 H .�
(-17/44,t, -4(PBLIC t
" OFFICIAL SEAL "
MARY GIFFORT
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 3/6/96
8
EXHIBIT A
LICENSE AGREEMENT BETWEEN THE
KANE COUNTY FOREST PRESERVE DISTRICT
AND THE CITY OF ELGIN
PROPERTY DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLLOWS: IN THE NORTHWEST BY THE SOUTH-
EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LAKE STREET ON THE SOUTHEAST BY THE SOUTH-
EASTERLY LINE PRODUCED SOUTHWESTERLY OF LOT 1 IN BLO 3 OF 0. DAVIDSON'S ADDITION
TO ELGIN, ON THE SOUTHWEST BY THE CENTERLINE OF FOX ' • .. , AND ON THE NORTHEAST BY
A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE 0 LAND HEREIN DESCRIBED WHICH
IS 197.5 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY • . OF GROVE AVENUE TO A POINT
IN THE SOUTHEASTERLY LINE OF LAND HEREIN DESCRIBED WHI : IS 195.9 FEET SOUTHWESTERLY
FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN THS C OF ELGIN, KANE COUNTY,
ILLINOLS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO i SHIP 41 NORTH, RANGE 8 EAST
OF THE THRID PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH-
EASTERLY LINE (PRODUCED SOUT I ESTERLY) OF LOT 1 IN B • : 3 OF 0. DAVIDSON'S ADDI-
TION TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY • (PRODUCED SOUTHWESTERLY)
OF LOT 3 IN SAID BLOCK 3, ON THE SOUTHWEST BY THE •• 4: LINE OF FOX RIVER AND ON
THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO : A:+ Y LINE OF LAND HEREIN
DESCRIBED WHICH IS 195.9 FEET SOUTHWESTERLY FROM THE 'OUTHWESTERLY LINE OF GROVE
AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF LAND WA' - • DESCRIBED WHICH IS 192.7
FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GR V! AVENUE, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH-
EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 3 IN : • : 3 OF 0. DAVIDSON'S ADDITION
TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE PRODUCED SOUTHWESTERLY) OF LOT
4 IN SAID BLOCK 3, ONTHE SOUTHWEST BY THE CENTER LINE OF FOX RIVER AND ON THE NORTH
EAST BY A LINE DRAWN FROM A POINT IN THE NO' : :r: :4: I Y LINE OF LAND HEREIN DESCRIBED
WHICH IS 192.7 FEET SOUTHWESTERLY FROM THE SO• : =A•• Y LINE OF GROVE AVENUE TO A
POINT IN THE SOUTHEASTERLY LINE OF LAND HEREIN D:••: •:ED WHICH IS 191 FEST SOUTH-
WESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE IN THE CITY OF ELGIN. KANE
COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH-
EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 4 IN B $ : 3 OF 0. DAVIDSON'S ADDI-
TION TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE (PRODUCED SOUTHWESTERLY)
OF LOT 8 IN SAID BLOCK 3, ON THE SOUTHWEST BY THE :+ A: ME OF FOX RIVER. AND ON
THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO : :* :•'• Y LINE OF LAND HEREIN
DESCRIBED WHICH IS 215 FEET SOUTHWESTERLY FROM THE S•UTHWESTERLY LINE OF GROVE
AVENUE TO A POINT IN THE SOUTHEASTERLY OF LAND :•: ' :+• DESCRIBED WHICH IS 215
FEET SOUTHWESTERLY FROM THE SOUTH ESTERLY LINE OF G OVE AVENUE, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH-
EASTERLY LINE (PRODUCED SOUTHWESTERLY)) OF LOT 6 IN B • 3 OF 0. DAVIDSON'S ADDITION
TO ELGIN; ON THE SOUTHEAST BY THE SO • : (PRODUCED SOUTHWESTERLY) OF LOT
7 IN SAID BLOCK 3; ON THE SOUTHWEST BY THE CENTER 0: FOX RIVER; ON THE NORTHEAST BY
A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE $F SAID LAND HEREBY DESCRIBED
WHICH IS 187.8 FEET SOUTHWESTERLY FROM THE SO : ►+ •RLY LINE OF GROVE AVENUE, TO A
POINT IN TEE SOUTHEASTERLY LINE OF SAID LAND HEREBY Di:SCRIBED WHICH IS 188.2 FIST
SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE VENUE, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, •WNSHIP 41 NORTH. RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH—
WESTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 7 IN :LOCK 3 IN 0. DAVIDSON'S ADDITION
TO ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERLY I (PRODUCED SOUTHWESTERLY OF LOT
8 OF SAID BLOCK 3; ON THE SOUTHWEST BY THE CENTER 'F FOX RIVER; ON THE NO BY
A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE OF SAID LAND HEREBY DESCRIBED
WHICH IS 186.2 FEET SOUTHWESTERLY FROM THE SO -RLY LINE OF GROVE AVENUE TO A
POINT IN THE SOUTHWESTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 184.6 FEST
SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH—
EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 8 IN :LOCK 3 IN 0. DAVIDSON'S ADDI—
TION TO ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERL LINE (PRODUCED SOUTHWESTERLY)
OF LOT 9 IN SAID BLOCK 3; ON THE SOUTHWEST BY THE : :4• OF FOX RIVER; ON THE NORTH—
EAST BY A LINE DRAWN FROM A POINT IN THE NO: : = • =RLY LINE OF SAID LAND HEREBY
DESCRIBED WHICH IS 184.6 FEET SOUTHWESTERLY FROM :s- SOUTHWESTERLY LINE OF GROVE
AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS
189 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY.
ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, T•WNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH—
EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 9 IN :LOCH 3 IN 0. DAVIDSON'S
ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SO :1: . : +: Y LINE (PRODUCED SOITTHWE3TERLY)
OF LOT 10 IN SAID BLOCK 3; ON THE SOUTHWEST BY TEE i -i A. OF FOX RIVER; ON THE
NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO: : : : Y LINE OF SAID LAND HEREBY
DESCRIBED WHICH IS 189 FEET SOUTHWESTERLY FROM THE =OTJTHWESTERLY LINE OF GROVE
AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS
188.1 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY I 1- OF GROVE AVENUE. IN KANE
COUNTY, ILLINOIS.
ALSO
THAT PART OF LOT 11 AND THE NORTHWESTERLY THREE—Q•'. : :+'4 OF LOT 12 IN BLOCK 3 IN
0. DAVIDSON'S ADDITION TO ELGIN IN THE SOUTHWEST QU • 4: OF SECTION 13, TOWNSHIP
41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MILKED LYING SOUTHwEsneRLY OF A
LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE 0r' SAID LOT 11, 168.1 FEET SOUTH—
WESTERLY OF THE SOUTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY
LINE OF SAID NORTHWESTERLY THREE—QUARTERS OF LOT 12 142 FEET SOUTHWESTERLY OF THE
SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 ' o PART OF THE NORTHWEST QUARTER
OF SECTION 24, TOWNSHIP 41 NORTH. RANGE 8 EAST OF :1: THIRD PRINCIPAL MERIDIAN,
BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SO :1: • :+:i Y LINE (PRODUCED SOUTHWEST—
ERLY) OF THE NORTHWESTERLY THREE—QUARTERS OF LOT 1' IN BLOCK 3 III 0. DAVIDSON'S
ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SO : : . : - :4 Y LINE PRODUCED SOUTHWESTER—
LY) OF THE NORTHWESTERLY HALF OF LOT 13 IN SAID B • •: 3 ; ON TM SOUTHWEST BY THE
CENTER OP FOX RIVER; AND ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NORTH—
WESTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 142 FEET SOUTHWESTERLY FROM
THE SOUTHWESTERLY LINE OF GROVE AVENUE TO A POINT • THE SOUTHEASTERLY LINE OF SAID
LAND HEREBY DESCRIBED WHICH IS 151.6 FEET SO : . :4: Y FROM TEE SOUTHWESTERLY LINE
OF GROVE AVENUE. IN KANE COUNTY. ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 ' PART OF THE NORTHWEST QUARTER
OF SECTION 24. TOWNSHIP 41 NORTH, RANGE 8 EAST OF :i: THIRD PRINCIPAL MERIDIAN,
BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SO :is : • Y LINE (PRODUCED SOUTHWEST—
ERLY) OF THE NORTHWESTERLY HALF OF LOT 13 IN BLOCK : OF 0. DAVIDSON'S ADDITION TO
ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE ( RODUCED SOUTHWESTERLY) OF SAID
LOT 13; ON THE SOUTHWEST BY THE CENTER OF FOX ' ON THE NORTHEAST BY A LINE
DRAWN FROM A POINT IN THE NORTHWESTERLY LINE OF S 10 LAND HEREBY DESCRIBED WHICH IS
151.8 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY i i- OF GROVE AVENUE TO A POINT IN
THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIB-AO WHICH IS 158 FEET SOUTHWESTER—
LY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN 1: : COUNTY, ILLINOIS.
ALSO
March 30, 1994
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: License Agreement with th- Kane County Forest
Preserve District for Te porary Easement for
Shipyard Site
Attached please find an originally executed copy of the
above-referenced agreement.
WAC
mg
Attachment
November 15, 1993
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant orporation Counsel
SUBJECT: Access and Hold Harmless Agr ement between the City
of Elgin and Elgin Riverboat esort
Attached for your files is an original y executed copy of the
access and hold harmless agreement f r the above-referenced
matter.
WAC
mg
Attachment
Elm n
r or Et
Agenda Item No. C (5)
o 'pRv
e '
'Fno'9A7t_p q C6:
September 2, 1993
MEMORANDUM
TO: Mayor and Members of City Cou cil
FROM: Larry Rice, City Manager
SUBJECT: Access Agreement Between the ' ity of Elgin and Elgin
Riverboat Resort
PURPOSE: Approval of an Access and old Harmless Agreement
Between the r;i.ty and Elgin Riverboat -sort for the Riverboat
GatiO+ .,; Fail l -:v and adjacent Forst Preserve District
oro*verity
BACKGROUND: The City has entered into a Development Agreement
with Elgin Riverboat Resort for t e establishment of a
riverboat gaming facility. The City h=s also entered into an
Easement Agreement with the Kane lounty Forest Preserve
District for adjacent Forest Preserve District property along
the Fox River. Prior to Elgin Riverbo-t Resort exercising its
option for the ground lease which is 'art of the Development
Agreement, Elgin Riverboat Resort h.;s asked the City to
complete its environmental investiga ions and remediations
which are required under Section I B) (4) of the subject
agreement. In order to begin construcuion as soon as possible
after those environmental investigatio s and remediations are
completed, Elgin Riverboat Resort h;s requested the City
provide access to the development prop:rty for the purposes of
conducting additional pre-constructio activities, including
surveying, soil borings- and -dditional engineering
investigations. The proposed Access and Hold Harmless
Agreement would allow Elgin Riverboau Resort access to the
property and the easement premises fo . these pre-construction
activities . Elgin Riverboat Resort w•uld indemnify the City
and the Forest Preserve District aga nst any claims and any
liability arising out of the use of ' he property. The City
may terminate all rights of access un•'er the agreement at any
time by written notice.
FINANCIAL IMPACT: None.
RECOMMENDATION Approval of the Access and Hold Harmless
Agreement.
1'--)
I
f � /
Larr Rice, ity Manager