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Home My WebLink About95-0101 GVC Ground Lease Recorded . 1 . ` II FILED FOR M.-cif-in K,NE CCUN i Y. !L�.. THIS INSTRUMENT WAS PREPARED B� AND AFTER RECORDING RETURN TO: 9 9 9 K U I 692 i 1999 FEB 16 PM 12: 15 Irwin I . Gzesh, Esq. ,.. 2r! cS?..,,.441 Neal Gerber & Eisenberg = EfC7i.CiA Two North LaSalle Street Suite 2200 Chicago, Illinois 60602 MEMORANDUM OF GROUND LEASE AND OPTION AGREEMENT THIS MEMORANDUM OF GROUND LEASE AND OPTION AGREEMENT ("Memorandum" ) is made effective as of the 1st day of January, 1995 by and between the City of Elgin, Illinois, an Illinois municipal corporation ( "Landlord") , having an address of 150 Dexter Court, q Elgin, Illinois 60120, and Elgin Riverboat Resort, an Illinois 2 en joint venture ( "Tenant") , having an address in care of RBG, L.P. , CI 7 200 West Madison Street, 38th Floor, Chicago, Illinois 60606 . CD 1 . Real Estate. Landlord is the owner of that certain real property legally described in Exhibit A attached hereto and made a part hereof, located in Kane County, Illinois (the "East Parcel" ) and is the owner of that certain real property legally described in 0 Exhibit B attached hereto and made a part hereof, located in Kane 2 County, Illinois (the "West Parcel") . a 2 . The Lease. Pursuant to that certain Ground Lease and 7 4) Option Agreement between Landlord and Tenant dated as of January 1, 1995 (the "Agreement") , Tenant has leased the East Parcel from Landlord for an initial term commencing on January 1, 1995, and terminating on December 31, 1999 . The Agreement also grants Tenant certain options exercisable at any time during the term of the Agreement to purchase the East Parcel an the West Parcel, all on the terms and conditions therein provide . The Landlord has also / 1999K016921 /5-011,-, • agreed not to permit development of the West Parcel during the term of the Agreement . 3 . Purpose of Memorandum. This Memorandum was prepared, signed and acknowledged solely for recording purposes under the laws of the State of Illinois and is in no way intended to change, alter, modify, amend or in any way affect the rights, duties and obligations of Landlord and Tenant pursuant to the Agreement . For a full statement of the terms and conditions of the Agreement, any person or entity dealing with the East Parcel or West Parcel should refer to the Agreement; the sole intention and purpose of this instrument being to place those dealing with the East Parcel or West Parcel on notice of the Agreement . IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed effective as of the day and year first above written. LANDLORD: CITY OF ELGIN, a municipal corporation By: Its : Mayor Attest : Its : City Clerk TENANT: ELGIN RIVERBOAT RESORT, an Illinois partnership By RBG, L.P. , one of its general partners By HC orporation, its al artner • By Richard . Schulze 1999 K016921 IL STATE OF ILLINOIS SS : COUNTY OF KANE The foregoing MEMORANDUM OF GROUND EASE AND OPTION AGREEMENT was acknowledged before me this 2nd da of December 1998 by Kevin Kelly and Dolonna Mecum , the Mayor and City Clerk of the City of Elgin, on behalf of the City of Elgin, in its capacity as Landlord as aforesaid, fo , the uses and purposes therein set forth. .411.40&46,41+, :A A,11►46,44-4600,• c�- 4 OFFICIAL SEAL !Co ary Public 4 NANCY ROLL 4 NOTARY PUBLIC, STATE OF ILLINOIS 10 My Commission Expires Aug. 10, 2001 1. My commiss on expires : August 10, 2001 SATE OF ILLINOIS ) SS : COUNTY OF COOK The foregoing MEMORANDUM OF GRO L .SE OPTION AGREEMENT was acknowledged before me this c�-c� d•:y of Ja.texo_ , 199i by. Richard L. Schulze, in his capacity as •'= ••. HCCA Corporation, acting as general part' er of RBG, L.P. , in its ✓f'icierit, capacity as one of the general partners o Elgin Riverboat Resort, in its capacity as Tenant as aforesaid, for the uses and purposes therein set forth. OFFICIAL SEAL IRMA TO VAR No• Public NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:03/15/99 ✓o"I,s RCM M.1AtAN., "�kMti•..a^. My commiss 'on expires : "\15191' • • C:\80821\11942\MEMOGROU 1999K0I6921 0 • V EXHIBIT A EAST PARCE THAT PART OF THE SOUTHWEST QUARTER *F SECTION 13 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRI IPAL MERIDIAN DESCRIBED AS FOLLOWS : LOTS 3 THROUGH 18, BOTH INCLUSIVE, I BLOCK 1 OF O. DAVIDSON' S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . ALSO LOTS 1 THROUGH 16, BOTH INCLUSIVE, IN DOCK "A" OF DAVIDSON' S GROVE AVENUE SUBDIVISION, IN THE CITY OF ELeIN, KANE COUNTY, ILLINOIS . PERMANENT INDEX NO. 06-13-352-038 -4- 1999 K016921 4-1999K016921 • EXHIBIT B WEST PARCEL THAT PART OF JAMES T. GIFFORD' S ADDITION AND BLOCK B OF DAVIDSON' S GROVE AVENUE SUBDIVISION AND BLOCK 4 OF O. DAVIDSON' S ADDITION TO - ELGIN AND LYING SOUTH OF A LINE DRAWN P. ' ' LEL TO THE SOUTHEASTERLY LINE OF SAID JAMES T. GIFFORD' S ADDITION SAID LINE PASSES THROUGH A POINT BEING 85 . 0 FEET SOUTHEASTERLY ( • S MEASURED ALONG THE WEST LINE OF GROVE AVENUE) OF THE SOUTH LINE OF PRAIRIE STREET. PERMANENT INDEX NO. 1999K016921