93-272 578 OCTOBER 27 , 1993 VOLUME LVIII
Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 4 . That this ordinance shall be in full force and
effect ten days after its passage and publication in pamphlet
form by authority of the City Council .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: October 27 , 1993
Passed: October 27 , 1993
Vote: Yeas 7 Nays 0
Recorded: October 28, 1993
Published: October 28, 1993
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION ADOPTED AUTHORIZING EXECUTIO OF A TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT (ELGIN IVERBOAT RESORT)
Councilwoman Yearman made a motion, secoiinded by Councilman Fox,
to adopt the aforementioned resolution. 1 Yeas : Councilmembers
Fox, Gilliam, Schock, Walters, Yearman, and Mayor VanDeVoorde.
Nays : Councilwoman Popple.
Resolution No. 93-272
RESOLUTION
AUTHORIZING EXECUTION OF A TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT
(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 authorize and directed to execute
a temporary construction easement agree ent on behalf of the
City of Elgin with the Elgin Riverboat esort for the
construction of the riverboat on the prdperty legally described
as follows :
That part of the Southwest uarter of Section
13, Township 41 North, Range 8 ast of the Third
Principal Meridian described as fo lows :
Lots 3 thru 9 and Lots 11 thru 18 (all
inclusive) in Block 1 of O. Davidson' s Addition to
Elgin excepting from said Lot 11, the Easterly 68 . 0
feet thereof (as measured along the Southerly line
of said Lot 11) ;
VOLUME LVIII OCTOBER 27, 1993 579
ALSO
Block A in Davidson' s Grove Avenue Subdivision
excepting therefrom the following described
property. Beginning at the So4thwest Corner of
Prairie Street and Wellington ', Avenue; thence
Southeasterly along the Southwesterly line of
Wellington Avenue, a distance of 100 feet; thence
Southwesterly parallel with the Sputh line of said
Block A, a distance of 1400 feet; thence
Northwesterly along a line parallel with the
Southwesterly line of Wellington A'renue to the South
line of Prairie Street; thence Easterly along the
South line of Prairie Street to the place of
beginning;
ALSO
That part of James T. Gifford' s Addition and
Block B of Davidson' s Grove Avenue Subdivision and
Block 4 of 0. Davidson' s Addition to Elgin lying
North of the Northwesterly line of Lot 7 , Block 4 in
said 0. Davidson' s Addition and lying South of a
line drawn parallel to the Southeasterly line of
said James T. Gifford' s Addition, said line passes
through a point being 85 . 0 feet Southeasterly (as
measured along the West line of Grove Avenue) of the
South line of Prairie Street;
ALSO
That portion of Grove Avenue lying Northerly of
the North line of Lake Street anc Southerly of the
South line of Prairie Street. All the above being
situation in the City of Elgin, Kane County,
Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Temporary Construction
Easement Agreement to be recorded in the office of the Recorder
of Deeds of Kane County, Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: October 27 , 1993
Adopted: October 27, 1993
Vote: Yeas 6 Nays 1
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
le oluLio,: No, 93-272
RESOLUTION
AUTHORIZING EXECUTION OF 'LEMPORAA1
CONSTRUCTION EASEMENT GREEMENT
(Elgin Riverboat Re ort)
BE IT RESOLVED BY THE CITY COUNCIOF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Ma or, and Dolonna Mecum,
City Clerk, be and are hereby auth rized and directed to
execute a temporary construction easem nt agreement on behalf
of the City of Elgin with the Elgin R verboat Resort for the
construction of the riverboat on the property legally
described as follows :
That part of the Southwest Quarter of Section
13, Township 41 North, Range 8 East of the Third
Principal Meridian described as follows:
Lots 3 thru 9 and Lots 11 thru 18 (all
inclusvie) in Block 1 of O. Davi son' s Addition to
Elgin excepting from said Lot 11, the Easterly 68. 0
feet thereof (as measured along he Southerly line
of said Lot 11) ;
ALSO l
Block A in Davidson's Grove Avenue Subdivision
excepting therefrom the following described
property. Beginning at the So thwest Corner of
Prairie Street and Wellingto Avenue; thence
Southeasterly along tilt, South esterly line of
Wellington Avenue, c distance of 100 feet; thence
Southwesterly parallel with the outh line of said
Block A, a distance of 14 .0 feet; thence
Northwesterly along a line p rallel with the
Southwesterly line of Wei l.4.ngton venue to the South
line of Prairie Street° thence asterly along the
South line of Praii.= Street to the place of
beginning;
AL60
That part of James T. Giff rd's Addition and
Block B of Davidson's Grove Aven a Subdivision and
Block 4 of O. Davidscn' :;$ Additi n to Elgin lying
North of the Northwesterly line o Lot 7, Block 4 in
said O. Davidson's Addi►...nn and lying South of a
line drawn parallel to the Sou heasterly line of
said James T. Gifford's Addition said line passes
through a point being 85.0 feet, Southeasterly (as
measured along the West line of Grove Avenue) of the
South line of Prairie Street;
0
ALSO
That portion of Grove Avenue lying Northerly of
the North line of Lake Street an Southerly of the
South line of Prairie Street. A 1 the above being
situation in the City of Elgin, Kane County,
Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Temporary Construction
Easement Agreement to be recorded in the office of the
Recorder of Deeds of Kane County, Illinois.
s/ Gelrge VanDeVoorde
Georg VanDeVoorde, Mayor
Presented: October 27, 1993
Adopted: October 27, 1993
Vote: Yeas 6 Nays 1
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
fr
FILED u7 r '-.0 RD
ILL.
93K 104935 DEC 27 Al 9: 30
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS AGREEMENT made and entered into as of
October 27, 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 the "Developer" ) ;
WHEREAS, the City and Elgin Riverboat Resort entered
into a Development Agreement on June 24, 1992 for the
establishment of a riverboat gaming facility along the Fox
-+t
River on property owned by the City; and Na
WHEREAS, the City is the owner of additional CD
INO
property along the Fox River to the north of Lake Street
legally described in Exhibit "A" hereto (hereinafter referred
to as the "Subject Property" ) which the Developer desires to
use as a construction yard for the construction of the
riverboat which will be part of the riverboat gaming facility
contemplated in the subject Development Agreement; and
WHEREAS, the parties hereto have determined that it
is necessary and desirable for the Developer to be able to
enter onto the Subject Property for the purpose of
constructing the subject riverboat and maintaining a
construction yard for said construction.
c,_-; NOW, THEREFORE, for and in consideration of the
c ; mutual promises and undertakings as set forth herein, and for
(_f other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties ',/,0
hereto agree as follows: A
\ L •
0)\0
rli C
ALQ0�'
/ U
1 . That the City hereby grants to Developer, its
representatives and contractors, a temporary construction
easement for the property legally described on Exhibit A
hereto. The temporary construction easement is for the
purpose of the construction of the riverboat as part of the
Developer' s riverboat gaming facility 4nd for the purpose of
the maintenance of a construction yard accessory to said
construction activity. This grant of temporary construction
easement includes the granting of a permit for the closure of
DJ
that portion of South Grove Avenue legally described in —4
Exhibit A hereto for the duration of the temporary :V
construction easement. CO
2 . That Developer agrees to indemnify 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 any other liability
whatsoever arising out of Developer' s Or its representatives '
activities on the Subject 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
�..a representative' s activities on the Subject Property, including
but not limited to any liability arising out of any
environmental contamination 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
2 -
of any claims falling within said indemnification and shall
immediately tender all such matters Ito the City for the
defense thereof.
3 . That at all times during the use and occupancy
of the easement premises by the Developer, the Developer and
its contractors will maintain general comprehensive public
liability insurance against claims for bodily injury, death,
or property damage occurring on, in or about the easement
premises in the adjoining streets, sidewalks, and -J
N
passageways. Such insurance shall afford protection of not
less than $5,000,000 with respect to bodily injury or death toLAD
all persons in any one accident and not less than $1, 000, 000
with respect to property damage in any one occurrence. Any
such insurance shall be written by companies of recognized
financial standing which are well rated by a national rating
agency or are legally qualified to issue such insurance in the
State of Illinois, and such insurance shall name as the
insured parties thereunder, the Developer or its assigns, AND
the City of Elgin and such other parties as Developer shall
desire to name as an insured. Such insurance may be obtained
by Developer by endorsements on a blanket insurance policy,
4 .
provided that (i) such blanket policies satisfy the
requirements specified herein and (ii) City shall be furnished
with a certificate of the insurer to the effect that (a) the
r. :
amount of insurance allocable to the easement premises is not
less than the amount required by this article, and (b) the
protection afforded the Developer and the City is not less
3
than the protection which would have been afforded under a
separate policy or policies relating only to the easement
premises. The City shall not be required to prosecute any
claim against any insurer or to contest any settlement
proposed by any insurer, provided that the Developer may, at
its sole cost and expense, prosecute any such claim or contest
any such settlement, and in such event Developer may bring any
such prosecution or contest in the name of Developer and the
City, or any of them, and the City shall cooperate with the
Developer and will join therein at the Developer's written
request upon receipt by the City of an indemnity from the
Developer against all costs, liabilities and expenses in ,4
INO
connection with such cooperation, prosecution or contest.
Developer shall deliver to the City promptly after the
execution of this easement agreement the original or duplicate CD
policies or certificates of insurance, including certificates
evidencing the naming of the City as an additional insured
satisfactory to the City evidencing all the insurance which is
then required to be maintained by the Developer hereunder and
Developer shall, within thirty (30) days prior to the
expiration of any such insurance, deliver either original or
duplicate policies or other certificates of the insured
c__ evidencing renewal of such insurance. Should the Developer
fail to effect, maintain or renew any insurance provided for
herein, or to pay the premium therefor, or to deliver to the
City any of such policies or certificates, the City, at its
option, without any obligation to do so, may procure such
4 -
r
insurance, and any sums expended by it to secure such
insurance shall be rent for the easement premises hereunder
and shall be repaid by the Developer to, the City within thirty
(30) days following the date which demand therefor shall be
made. Such insurance policy shall contain a provision that
such policy shall not be cancelled or reduced in scope without
thirty (30) days prior written notice to the City. —4
4 . That all easement rights granted herein shall �t
automatically terminate thirty (30) days after the issuance of .y
:V
the final gaming license by the Illinois Gaming Board, or on _
December 31, 1995, whichever occurs first.
5 . That Developer agrees that any construction
activities or other activities on the Subject Property shall
not cause permanent damage or contamination to the Subject
Property and that the Developer shall fill and level and
otherwise repair the Subject Property to the same or equal
condition as currently exists after completion of all
activities on the Subject Property.
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
.61
/
By G� �C-- By RBG, L.P. , One of Its
Mayo General Partners
-;
Attest: By • C. r• :tio Its
Gene, . 1 P. iv =r
{ tiLY r cj.— iliklAgiV
City Clerk R.L. 1S 'ulze Vice President
- 5 -
EXHIBIT A
That part of the Southwest Quarter of Section
13, Township 41 North, Range 8 East of the Third
Principal Meridian described a$ follows :
Lots 3 thru 9 and Lots 11 thru 18 (all
inclusvie) in Block 1 of O'Davidson' s Addition to
O Elgin excepting from said Lot 11, the Easterly 68.0
} feet thereof (as measured albng the Southerly line
of said Lot 11) ;
ALSO
C
Block A in Davidson's Grove Avenue Subdivision
excepting therefrom the following described
/-\ property. Beginning at the Southwest Corner of
Prairie Street and Wellington Avenue; thencetNa
In
di - Southeasterly along the Southwesterly line of
Wellington Avenue, a distance of 100 feet; thence
T j Southwesterly parallel with the South line of said
r M Block A, a distance of 140 . 0 feet; thence
Northwesterly along a line parallel with the
J Southwesterly line of Wellington Avenue to the South
cN
line of Prairie Street; thence Easterly along the
', South line of Prairie street to the place of
beginning;
ALSO
} That part of James T. Gifford's Addition and
( 1)
Block B of Davidson's Grove Avenue Subdivision and
Block 4 of 0. Davidson' s Addition to Elgin lying
► North of the Northwesterly lime of Lot 7, Block 4 in
said 0. Davidson's Addition and lying South of a
line drawn parallel to the Southeasterly line of
said James T. Gifford' s Addition, said line passes
1 ..' through a point being 85 .0 feet Southeasterly (as
measured along the West line Of Grove Avenue) of the
South line of Prairie Street;
ALSO
That portion of Grove Avenue lying Northerly of
the North line of Lake Street and Southerly of the
South line of Prairie Street, All the above being
situation in the City of Elgin, Kane County,
Illinois.
This document prepared by: Return to:
William A. Cogley Dolonna Mecum
Assistant Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120 +,
Elgin, IL 60120 - 6 - '
November 29, 1993
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: Elgin Riverboat Resort - Temporary Construction
Easement for Boatyard Site
Attached please find an originally executed copy of the
temporary contsruction easement agreement between Elgin
Riverboat Resort and the City.
WAC
mg
Attachment
Y ,
•
�n
Ag
to.)
Agenda Item No.
O III'IjV
17„.„, te,,p •
October 7, 1993
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Temporary Construction Easeme#:t for Boat Yard
PURPOSE
The purpose of this memorandum is to a vise the City Council
that the Elgin Riverboat Resort Partn rship wishes to enter
into a Temporary Construction Easeme t Agreement with the
City for the purpose of providing a 1 cation to construct a
riverboat.
BACKGROUND
In June of 1992, the City entered int a Development Agree-
ment for the establishment of a riverboat gaming facility
along the Fox River. The State of Illinois Gaming Commission
has recently awarded a preliminary gaming license for the
Elgin site.
The City is the owner of property alon the Fox River to the
north of Lake Street (see attached m and easement agree-
ment) which the developer desires to u e as a boat construc-
tion yard. Traffic on South Grove Aven a will be detoured to
Wellington Avenue.
The developer has agreed to provide the appropriate indemnifi-
cation and levels of insurance to protect the City's inter-
ests.
The easement rights of the developer will terminate 30 days
after the issuance of the final gams g license which will
coincide with the opening of the fac lity. The developer
also agrees that the construction activity will not cause
permanent damage or contamination to the property and that
the developer will return the property to its original condi-
tion following completion of the project.
Temporary Construction Easement for Riverboat
October 7, 1993
Page 2
FINANCIAL IMPACT
None.
RECOMMENDATION
Authorize the Mayor to execute a .Temporary Construction Ease-
men Agreement with the Elgin Riverboat Resort Partnership.
4.00"
Robe O. Mal , Interim City Manager
amp
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