93-245 Resolution No. 93-245
RESOLUTION
AUTHORIZING EXECUTION OF AN ACCESS AND HOLD HARMLESS AGREEMENT
WITH ELGIN RIVERBOAT RESORT
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 Access and Hold Harmless Agreement on behalf of the
City of Elgin with Elgin Riverboat Resort to permit
preconstruction activities at the riverboat site, a copy of
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 8, 1993
Adopted: September 8, 1993
Vote: Yeas 5 Nays 2
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ACCESS AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into as of
September 8, 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, prior to Developer exercising its option
for the Ground Lease Agreement which is part of the
Development Agreement with the City, the parties desire that
the City complete its environmental investigations and
remediations which are required and set forth under the
subject Development Agreement; and
WHEREAS, the parties hereto have determined that it
is necessary and desirable for Developer to be able to enter
onto the subject property for the purpose of conducting
topographical surveys, soil borings, engineering
investigations, and other preconstruction activities (all of
same hereinafter referred to as "preconstruction activities")
prior to the City completing its environmental examinations
and remediations.
NOW, THEREFORE, for and in consideration of
Developer being permitted reasonable access to the subject
property by the City to allow for preconstruction activities,
and other good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. The City shall permit Developer or its
representatives to enter upon the property legally described
on Exhibits A and B hereto to conduct preconstruction
activities .
2 . Developer agrees to 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.
3. The City may terminate all rights of access
granted under this agreement at any time by written notice to
Developer or its attorney.
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
By: RBG I,P ,one of its partners
By: HC'•h. C ..nation, its ge al
By cs./:,-f7 r'e. ..‘ i By
George4anDeVoorde, Mayor i Js Gepe 1 /Pa tner
Name 1-s/—
Attest: Title Vi t)
19Q611-/-v‘-til hki2,e-t_i
City Clerk
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 South of the southernmost
part of Lake Street described as Wellington Row between Lake
Street and National Street in they 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
7
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 North 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 li.te of ;mot 4 i.z :aid 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 southerly 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 distance of 198. 14 feet to
a point on the Southerly line of said Lot 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 So'ithwest'mrly 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 Northerly 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 line, 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.