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Home My WebLink About93-289 Resolution No. 93-289 RESOLUTION AUTHORIZING EXECUTION OF AN ASSIGNMENT TO ELGIN RIVERBOAT RESORT OF LICENSE AGREEMENT WITH KANE COUNTY FOREST PRESERVE DISTRICT 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 Assignment to Elgin Riverboat Resort of a license agreement with the Kane County Forest Preserve District for a temporary construction easement to the balance of property to be used for the boatyard site adjacent to the riverboat gaming site, a copy of which is attached hereto and made a part hereof by reference. s/ George 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 CITY OF ELGIN To: / • Date 7/2 — ls� From: �i'i'i For Your Comments Fort Your In for- _For Your Approval Note & Return _Take Correct Action —Note & File Call Me For Your Signature See Me — Reply & Send Me Copy — COMMENTS: (ttiob /ft �/ eV-7p e_ �� / /j of oiz-1 AMSOMMNOOliatiaMat This Assignment is made the 1.:_a-L day of (a 1 , 1995, by and between the CITY OF ELGIN, a aunici corporation ("Assignor"), and ELGIN RIVERBOAT RESORT, an Illinois partnership ("Resort"), ("Assignee'"). WITEE8BETH: WHEREAS, Assignor is a licensee under that certain License Agreement dated the 2 day of , March,- 1994 , Mel, by and between the FOREST PRESERVE DISTRICT OF EME COUNTY, Illinois, as Licensor and CITY OF ELGIE, as Licensee; and WHEREAS, CLAY ur Elgin desires to assign to Resort all of its rights and interest under the aforesaid License Agreement; and WHEREAS, Resort agrees to assume and be bound by all of the terms and obligations of Assignor under the aforesaid License Agreement. • NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration in band paid, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . Assignor hereby assigns over and unto Resort, all of its right, title and interest in and to a certain Premises described on Exhibit "A" attached hereto, which rights, title and interest are derived by Assignor from that certain License Agreement dated the 25thday of March , 199 4by and between Forest Preserve District of Kane County, and Licensor and City of Elgin, as License. 1 3. Resort hereby agrees to be bound by the terms and conditions of the aforesaid License Agreement and to undertake and assume all of the specific obligations of Assignor set. forth in said License Agreement. Resort further agrees that any action to enforce any remedy by Licensor against Licensee shall be equally available to Licensor as against Resort, including the recovery of costs and attorney's fees in the event Licensor incurs same in the enforcement of the License Agreement hereby assigned. • 3. Resort hereby further agrees to indemnity and hold harmless the City of Elgin, its officers, employees and agents, from and against any and all damages, losses, claims, causes of action, lawsuits, judgments, or liability whatsoever arising out of . Resort's or its representative's activities on the property described on Exhibit A hereto. Resort also agrees to include the City of Elgin as an additional named insured under the insurance to be provided under Paragraph 5 of the subject License Agreement. IN WITNESS WHEREOF, each of the parties hereto have caused • this Assignment to be executed by its duly authorised representative as of the day and year first above written. ASSIGNOR: ASSIGNEE: City Of Elgin Elgin Riverboat Resort By By: RBG, LP • Its Mayor One of its ventures By: RC e- I t Partner • B : 10.11. a Y • V ce - ' =sident O. ATTEST: • ATTEST: City Clerk Its Secretary 2 STATIC OF ILLINOIS ) : IS COUNTY OF SANE I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Kevin Kelly personally known to me to be the Mayor of Elgin, an Illinois municipal corporation, and Dolonna Mecum ,, 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 and official seal this _1st day of August , 199 5. rE( LLOz N ANY PUB= OFFICIAL SEAL SUELLYN LOSCH • STATE OF ILLINOIS ) NOTARY PUBLIC,STATE OF ILLINOIS C!DO� MY COMMISSION EXPIRES:10/27/98 COUNTY OF .u,. ,.•r... , . :...-,..�. I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Jed c i+Ak-D L.- Sc$c4 L6_, personally known to me to be the V1C i_ of =CA Corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such he signed and delivered the said instrument as V ► �-� P R s D e rJ-r of said corporation, pursuant to - __ authority given by the board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. GIVEN under my hand and official seal the , Wk, day of , 1995. (lc te — )IL4 &1 "OFFICIAL SEAL" NOTARY PUBLIC KATHLEEN BRENNAN-NASH NOTARY PUBLIC, STATE OF IWNOIS MY COMMISSION EXPIRES 8/02/91 3 , , DESCRIPTION OF BOATYARD USAGE OVER PART OF KANE COUNTY FOREST PRESERVE PROPERTY. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF LOT It IN BLOCK 4 OF O.DAVIDSON'S ADDITION TO ELGIN, SAID POINT BEING 199.1 FEET SOUTHWESTERLY (AS MEASURED ALONG SAID SOUTHEASTERLY LIE);THENCE NORTHWESTERLY TO A POINT ON THE NORTHWESTERLY LIME OF LOT 5 IN BLOCK 4 OF O. DAVIDSON'S ADDITION, SAID POINT BEING 995.6 FEET SOUTHWESTERLY (AS MEASURED ALONG SAID NORTHWESTERLY UNE) OF THE WESTERLY LINE OF GROVE AVENUE;THENCE CONTINUING NORTHWESTERLY TO A POINT ON THE NORTHWESTERLY UNE OF LOT 2 IN SAID BLOCK 4,SAID POINT BEING 195.0 FEET SOUTHWESTERLY OF (AS MEASURED ALONG SAID NORTHWESTERLY UNE) THE WESTERLY LINE OF GROVE AVENUE; THENCE CON'T'INUING NORTHWESTERLY TO A POINT ON A LINE DRAWN PERPENDICULAR TO THE WESTERLY LINE OF GROVE AVENUE, MID LINE PASSES TI.iRU A POINT ON THE WESTERLY LINE OF GROVE AVENUE THAT IS VCSA FEET NORTHWESTERLY OF(AS MEASURED ALONG THE WESTERLY UNE OF GROVE)THE SOUTHEASTERLY LINE OF LOT 8 IN BLOCK 4 AFORESAID; THENCE SOUTHWESTERLY ALONG SAID PERPENDICULAR UNE TO THE EASTERLY BANK OF THE FOX RIVER;THENCE SOUTHERLY ALONG THE EASTERLY BANK OF THE FOX RIVER TO A POINT ON THE SOUTHEASTERLY LINE (EXTENDED SOUTHWESTERLY) OF LOT 8 AFORESAID; THENCE NORTHEASTERLY ALONG SAID SOUTHWESTERLY EXTENSION TO THE PLACE OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. EXHIBIT A Daniel Azark Vice President Hyatt Development Corporation Jul_ 2 1185 200 West Madison Chicago,IL 60606 USA Telephone:312.750.1234 Direct Number:312.750.8404 FAX:312.750.8084 July 17, 1995 Mr. William A. Cogley CITY OF ELGIN 150 Dexter Court Elgin, IL 60120-5555 Dear Bill: Attached please find two copies of the Forest Preserve District Assignment Agreement executed by Elgin Riverboat Resort. After the City has executed the document, please return an original for our files. Sincerely, (.9 Azark DA:jt attachment cc: Andrea Stern Mindy Sircus TELEPHONE 708/931-6100 L12jfl FAX 708/931-5610 FOR HEARING IMPAIRED TDD 708/931-5616 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 March 7, 1994 Patrick M. Kinnally Murphy, Huff, Foote, Mielke and Kinnally Attorneys at Law 8 East Galena Boulevard, Suite 202 Aurora, Illinois 60507-5030 Re: Original Copies of License Agreement and Assignment Therefore Dear Pat: You will recall that you previously drafted a License Agreement between the City and the Kane County Forest Preserve District for a Temporary Construction Easement to the balance of the property to be used fbr the boatyards adjacent to the riverboat gaming site. You also prepared an Assignment of those rights from the City to Elgin Riverboat Resort. The City Council approved these agreements on November 27, 1993. I contacted you by letter of December 22, 1993, requesting original copies of those documents so that I may arrange for the Mayor and Clerk' s signature. A review of my file indicates that I still have yet to receive original copies of these documents . I would appreciate you forwarding copies of these documents as soon as possible. Thank you for your attention to this matter. Very truly yours, 1/1/44) . William A. Cogley Assistant Corporation Counsel WAC/m ,, cc: Dan Azark Printed on recycled paper Eizi TELEPHONE 708/931-6100 111 FAX 708/931-5610 FOR HEARING IMPAIRED `�,4 OF Etc. TDD 708/931-5616 ‘ CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 p'IP,71 December 22, 1993 Patrick Kinnally, Esq. Murphy, Hupp, Foote, Mielke and Kinnally 8 E. Galena Boulevard, Suite 202 P.O. Box 5030 Aurora, IL 60507-5030 RE: Original Copies of License Agreement and Assignment Thereof Dear Pat: You will recall that you previously drafted a license agreement between the City and the Kane County Forest Preserve District for a temporary construction easement to the balance of the property to be used for the boatyards adjacent to the riverboat gaming site. You also prepared an assignment of those rights from the City to Elgin Riverboat Resort. The City Council approved these agreements on November 27, 1993. A review of my file indicates I have yet to receive original copies of these documents. Please forward original copies of these documents so that I may arrange for the Mayor and Clerk's signature. Thank you for your attention to this matter. Very truly yours, William A. Cogley Assistant Corporation Counsel WAC/nr jec: Dolonna Mecum (i) Printed on recycled paper