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HomeMy WebLinkAbout93-174 Resolution No. 93-174 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE KANE COUNTY FOREST PRESERVE DISTRICT PROVIDING FOR A GRANT OF EASEMENT 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 Intergovernmental Agreement on behalf of the City of Elgin for the grant of an easement over and upon certain real estate located between National Street and Lake Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 23, 1993 Adopted: June 23, 1993 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum ' Dolonna Mecum, City Clerk • • INTERGOVERNMENTAL AGREEMENT between the FORREST PRESERVE DISTRICT of KANE COUNTY and the CITY OF ELGIN, ILLINOIS for the GRANT OF EASEMENT OVER AND UPON CERTAIN REAL ESTATE WHEREAS, the City of Elgin, Illinois (hereinafter referred to as "Elgin" ) desires to acquire certain easement rights over and upon real estate located between National Street and Prairie Street along the East side of the Fox River in the city of Elgin, Illinois and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real Estate" ) ; and WHEREAS, the Forest Preserve District of Kane County (hereinafter referred to as the ("DISTRICT") is the owner of the Real Estate and agrees to grant to Elgin an easement providing for certain rights of ingress and egress over, under, and upon the Real Estate. NOW THEREFORE, for and in consideration of good and valuable consideration in hand paid, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . The DISTRICT hereby agrees to convey to Elgin the right of ingress and egress in the form of an easement over and upon the Real Estate ( "Easement") , which Easement shall include the right to construct improvements reasonably necessary to the operation of a riverboat gambling facility on and about the real estate located adjacent to the Real Estate. The Easement shall be made in a recordable form executed by the proper officers of the DISTRICT and shall be subject to termination and a right of reversion of all rights granted in the event the Easement is not used for a consecutive period of three months or longer in connection with a riverboat gambling facility. The foregoing time period shall be extended in the event the failure to use the Easement is caused by a "Force Majeure Event" (as hereinafter defined) , in which case, the permitted time period for failure to use the Easement shall be equal to that period during which the Force Majeure Event continues or, if the Force Majeure Event is a casualty, that reasonable period of time necessary for Elgin (or its tenants, successors, and assigns) to cause all damage caused by such casualty to be repaired using due diligence. A "Force Majeure Event" shall mean any event, the occurrence of which is beyond the reasonable control of Elgin (or its successors, and assigns) , including without limitation, strikes, lockouts, war, insurrection, civil commotion, casualty, or materials shortages. 2. Elgin hereby agrees to accept the Real Estate as is, with no warranties made by the DISTRICT either expressed or implied as to the conditions existing upon or about the Real Estate or as to the suitability of the Real Estate for any improvements intended to be constructed thereupon by Elgin or its agents, contractors, successors, and assigns . 3 . The DISTRICT neither approves, recommends nor agrees to participate in any of the construction, installation or maintenance of any improvements, structural changes or other modifications contemplated by Elgin or its agents, contractors, successors, and assigns . 4. The closing of the grant of Easement provided for herein shall occur within thirty days from the effective date hereof. Any title work, surveys, or other such examinations required by Elgin shall be done at the sole cost of Elgin and any additional costs incurred or delays occasioned by the results of such examination and any efforts undertaken to cure same shall be borne solely by Elgin. It is intended hereby that the DISTRICT shall not incur any costs or become liable in any way for injuries or damages associated with the transfer contemplated by this agreement, any rerouting of the existing bike path or alterations therein or the riverboat gambling facility contemplated by Elgin. Accordingly, Elgin hereby agrees to be responsible for and defend any and all claims, including the payment of reasonable attorney' s fees and litigation costs and expenses, injuries, damages, or causes of action brought against Elgin which in any way relate to the erection, placement, maintenance, or repair of any improvements relating to the proposed riverboat gambling facility. 5 . This agreement is entered into pursuant to 50 I .L.C.S . 605/1 et.secT. and shall be governed by Illinois law. Nothing contained herein shall be construed to limit or deny to Elgin the ability or right to assign or alienate the rights contemplated by this agreement. 6. The effective date of this agreement shall be the date on which this agreement is approved and executed by the parties as set forth below, but in no event shall it be earlier than the preliminary finding of suitability by the Illinois Gaming Board. IN WITNESS THEREW, the parties a e hereto set their hands and seals the 0day of c. 1993 and the signatories hereto represent that ey are duly authorized to execute this agreement on behalf of the r respective bodies. CITY OF ELGIN FOREST PRESERVE DISTRICT OF KANE COUNTY j 6/„..12-z4z,e, By: ,�JBy : A ,,A11,_ It �or s 'resi. - t