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93-1215 Elgin Riverboat Access and Hold Harmless VOLUME LVIII DECEMBER 15, 1993 700 Martha Galvez $5, 000 Reisidential Rebate 509 Center Street Program-same as above Elgin, IL APPROVAL OF AMENDED ACCESS AND HOLD HARI'LESS AGREEMENT WITH ELGIN RIVERBOAT RESORT Councilman Fox made a motion, seconded by Councilwoman Yearman, to approve the aforementioned proposed amended agreement. Yeas : Councilmembers Fox, Popple, Schodk, Yearman, and Mayor VanDeVoorde. Nays : None. RESOLUTION 93-316 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ATEC ASSOCIATES, INC. Councilman Fox made a motion, seconded by Councilman Schock, to adopt the aforementioned resolution. Yeas : Councilmembers Fox, Schock, Yearman, and Mayor VanDeVoorde. Nays : Councilwoman Popple. Resolution No. 93-316 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL ''SERVICES AGREEMENT WITH ATEC ASSOCIATES, iNC. BE IT RESOLVED BY THE CITY COUNCILIOF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, be and is hereby authorized and directed to execu e a Professional Services Agreement on behalf of the Cit of Elgin with ATEC Associates , Inc . for the removal of and rground storage tanks at 280 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ge:rqe VanDeVoorde Georg VanDeVoorde, Mayor Presented: December 15, 1993 Adopted: December 15, 1993 Vote: Yeas 4 Nays 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AMENDED ACCESS AND HOLD HARMLESS AGREEMENT THIS AGREEMENT is made and entered into as of December 15, 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, the City and Developer entered into an access and hold harmless agreement on September 8, 1993, allowing Developer or its representatives to enter upon the property legally described therein, to conduct certain pre-construction activities as defined in said agreement; 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 have determined that it is necessary and desirable to negotiate and enter into an amendment to said Lease Agreement relating to environmental remediations which are required and set forth under the subject Development Agreement; and WHEREAS, the parties have determined that it is necessary and desirable for Developer to enter onto the subject property for the purpose of conducting limited construction activities in addition to the pre-construction activities authorized in the September 8, 1993, Access and Hold Harmless Agreement prior to the parties executing the Ground Lease Agreement and completing the current negotiations concerning an amendment thereto. NOW, THEREFORE, for and in consideration of Developer being permitted reasonable access to the subject property by the City to allow for pre-construction activities, and limited construction activities as hereinafter described, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . That the September 8, 1993, Access and Hold Harmless Agreement between the City of Elgin and Elgin Riverboat Resort shall continue to regain in full force and effect thereby permitting Developer or,' its representatives to enter upon the property legally described in Exhibits A and B -2- hereto to conduct pre-construction activities as defined in said agreement. 2 . That the City shall further permit Developer or its representatives to enter upon the property legally described in Exhibits A and B hereto to conduct limited construction activities, namely, the removal of existing foundations on the subject property, the initial grading of the subject property and the excavating of foundation footings and the pouring of said footings . 3. The Developer agrees that in the event it fails or refuses to execute a ground lease agreement as same may be amended that it shall remove all improvements it has constructed on the subject property and fill and level and otherwise return the subject property as near as may be practicable to its original condition. 4 . The Developer agrees tb 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. The City agrees to indemnify and hold harmless the Developer, its officers, employees and agents, from and against any and all damages, losses, claims, causes of action, lawsuits, judgments or any liability whatsoever arising out of the City' s or its representatives activities on the subject property, including but not limited -3- to any liability arising out of any environmental contaminations or conditions existing on the subject property, if any, as of the date of the entry into this agreement. Developer shall immediately notify the City of any claims falling within said indemnification and shall immediately tender all such matters to the City for the defense thereof. 5. That the City may terminate all rights of access granted under this agreement at any time by written notice to Developer or its attorney. This Agreement shall automatically terminate without further action of the parties upon Developer's execution and delivery of the Ground Lease Agreement as same may be amended. 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 Tim; P. . 4 its pa- By •K1� 4- 'L"-- By kcal- : Y� George anDeVoorde, Mayor Name Attest: Title City Clerk -4- 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 So th of the southernmost part of Lake Street described as Wellington Row between Lake Street and National Street in the 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 -5- 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 Nlorth 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 line of Lot 4 in said 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 souther'l.y 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 disance of 198. 14 feet to a point on the Southerly line of said Lbt 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 Southwesterly 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 Norjtherly 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 lime, 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. -6- January 5, 1994 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: Amended Access and Hold Harmless Agreement with Elgin Riverboat Resort Attached find an originally executed , copy of the Amended Access and Hold Harmless Agreement with Elgin Riverboat Resort. WAC nr Attachment iy s- 15ix E15• Agenda Item No. ,k,‘ ,_ December 15, 1993 TO: Mayor and Members of the Cityuncil y C� FROM: Robert 0. Malm, Interim City Maager SUBJECT: Amended Access and Hold Harness Agreement with Elgin Riverboat Resort l PURPOSE Approval of an Amended Access and Hod Harmless Agreement between the City and Elgin Riverboat esort. The amended agreement would expand the developer's a cess to the riverboat gaming site to allow for limited constru tion activities prior to execution of the ground lease agreemen . BACKGROUND On September 8, 1993, the City and E gin Riverboat Resort entered into an Access and Hold Harm ess Agreement. The agreement allowed Elgin Riverboa Resort or its representatives to enter upon the riv rboat gaming site to conduct certain preconstruction activities such as topographical surveys, soil borin s and engineering investigations. The access agreemen was made necessary because the City had yet to compl to its environmental investigations and remediations which w re required under the development agreement. The City and Elgin Riverboat Resort are currently negotiating an amendment to the lease agreement hich would provide a framework for Elgin Riverboat Resort re oving and disposing of any remaining soils containing conte ination in excess of certain standards. The amendment to t e lease agreement will not be ready for council consideration u til January 12, 1994 . Elgin Riverboat Resort is planning to commence limited construction activities on the subject property on December 27, 1993. In order to avoid a delay in excess of two weeks in the construction schedule, the Amen ed Access and Hold Harmless Agreement has been prepared a d presented so as to allow Elgin Riverboat Resort access to he subject property to conduct limited construction activi ies. The limited construction activities consist of th removal of existing foundations, the initial grading of th subject property and excavating of foundation footings and pouring of foundation footings. In the unlikely event thatlgin Riverboat Resort fails or refuses to execute the ground lease, the agreement requires that all improvements it ha constructed on the property must be removed and that Elgin Riverboat Resort will fill and level the property and retur it to its original condition. FINANCIAL IMPACT None. RECOMMENDATION Approval of the Amended Access and Hold Itarmless Agreement. Robert O. Malm, Interim City Manager mg