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93-288 Resolution No. 93-288 RESOLUTION AUTHORIZING EXECUTION OF A LIC NSE AGREEMENT WITH KANE COUNTY FOREST PRES RVE DISTRICT BE IT RESOLVED BY THE CITY COUNCI OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, May.r, and Dolonna Mecum, City Clerk, be and are hereby autho ized and directed to execute a License Agreement on behalf of the City of Elgin with the Kane County Forest Preserve D strict for a temporary construction easement to the balance .f the property to be used for the boatyard site adjacent t. the riverboat gaming site, a copy of which is attached h-reto and made a part hereof by reference. s/ Geo •e VanDeVoorde George VanDeVoorde, Mayor Presented: November 17, 1993 Adopted: November 17, 1993 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk •a • y • LICENSE AGREEMENT THIS LICENSE AGREEMENT made this -?,S4A, day of fir, 190, by and between the FOREST PRESERVE OF KANE COUNTY, an Illinois forest preserve ("Licensor") , and CITY OF ELGIN, a municipal corporation ("Licensee") , WITNESSET H: WHEREAS, LICENSEE is about to grant a temporary easement to ELGIN RIVERBOAT RESORT, an Illinois general partnership ("Resort") , enabling the construction of a boat for use in the Fox River to be constructed by Resort, at the bank of the Fox River in an area lying south of Prairie Street and west of Grove Avenue, in the City of Elgin, Kane County, Illinois ("Premises") as depicted in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, some portion or all of the Premises may be owned by Licensor; and WHEREAS, the parties have agreed that for and in consideration of the payment of certain funds and the performance of certain .. other conditions, the portion of the Premises owned by the Licensor may be used for the construction and launching of said riverboat; and WHEREAS, Licensor is agreeable to granting a license for the use of said site and Licensee desires to further assign the license of said sites to Resort to enable it to use said site for such construction and launching. 1 NOW, THEREFORE, in consideration of the sums provided hereinafter and the mutual obligation- contained herein, the parties agree as follows: 1 . Licensor shall have and retain : ll rights to the use and occupation of the real estate referred ti herein except as herein expressly granted. 2. Licensor grants to Licensee aid its successors and/or assigns for the following stated term, the right, license and privilege ("License" ) to use and occupy ' he real estate described in Exhibit "A" attached hereto and made a part hereof (the "Premises") for the construction and launching of one (1 ) riverboat. In consideration thereof, Licensee shall at its election, either pay to Licensor the total sum of $167, 984.75 at the time stated in Paragraph 4D or within eighte-n (18) months after the commencement of this License shall ca se to be replaced all landscaping presently located on the Prmises in a condition and pursuant to a landscaping plan approved u'y Licensor and similar to (but of equal or greater quality than) 'he landscaping currently located on the Premises. This License shall commence fourtee (14) days after Licensee shall give written notice to Licensor of she Licensee's desire that the License shall commence and the term of the License shall extend for sixteen (16) months from and after she announced date of its commencement but in no event after June , 1995 . 2 The term of this License, as herei above set forth, may be extended by Licensee for a period of n•t to exceed one hundred eighty (180) days as specified by Licen.ee by written notice to Licensor given prior to the expiration of the original License term, without any additional license f-e being charged to the Licensee. Notwithstanding anything express o' implied herein to the contrary, Licensee may terminate this License without the payment of the fee specified in Paragraph 2. .bove by the delivery of written notice thereof to Licensor at any time on or before June 1 , 1994, provided Licensee has not yet begu any use of the Premises or caused damage to any landscaping on t e Premises. 3. The Licensor is agreeable that licensee or its successors or assigns may construct rails and a launching pad for the launching of the boat and agrees that after the launching is accomplished, Licensee will promptly remo e the rails and launching pad from the site, returning the site to its original condition. 4. Licensee and its successors .nd assigns agree to the following requirements on its or their p:rt: A. The `real estate covered •y this License shall be used solely for the purpose of cons ructing and launching the riverboat which Licensee and Re.ort contemplate having constructed at the site; B. The Premises which is being used by Licensee for construction shall at all times during the license period be securely fenced starting with the c.mmencement of the License 3 and remain so until the boat h-s been constructed and launched; C. The Licensee will provide a guard at the Premises around the clock as soon as boat con.truction has reached the stage where it might be vulnerable to vandalism, theft or damage; D. Licensee agrees to remove 4ead trees and debris from the Premises and further agrees to t-ke said material from the shoreline area owned by Licensor, •epositing it in a proper dump site; thereafter Licensee agrees to promptly pay the sum set forth in paragraph 2. hereof or =lternatively, to restore the Premises after its use thereof o its original condition or better, in accordance with pa agraph 2. above to be approved by Licensor. 5. Licensee or its successor aid assigns, upon taking possession of the Premises shall acquire ..nd maintain in effect not less than the following coverages in the following minimum amounts: A. Employer's Liability and orkmen's Compensation as prescribed by law in Illinois; B. Comprehensive general lability coverage on an occurrence basis from an insurance ompany licensed with the State of Illinois having assets in excess of One Half Billion Dollars ($500, 000, 000.00) or oth-r insurer approved by Licensor with at least a Two Million Dollar ($2, 000, 000.00) single limit coverage on all risks. Licensee shall name the Licensor as co-insured and shal furnish Licensor with 4 duplicate policies or certificates evidencing insurance in force as required herein prior to aking possession of the Premises. Evidence of payment of pr-miums shall be delivered to Licensor at least thirty (30) day. prior to the expiration dates of each existing insurance po icy. 6. No waiver by Licensor or any breach or a series of breaches of this License shall constitute a waiver of any subsequent breach or waiver of the terms of this License. 7. Any notice hereunder shall be in writing and shall be delivered by personal service or by Un ted States certified or registered mail, with postage prepaid, =ddressed to Licensee at Elgin, Illinois - Attention William Cog ey, with copies to Hyatt • Development Corporation, 200 W. Madison, Chicago, Illinois 60606, Attention: Michael C. Shindler or to Li ensor at 719 S. Batavia Avenue, Geneva, Illinois 60134, Attention: Bradley Sauer, with a copy to Attorney Patrick M. Kinnally, Mu phy, Hupp, Foote, Mielke and Kinnally, 8 East Galena Blvd. , P 0 B•x 5030, Aurora, Illinois 60506. Either party, by a similar writt-n notice, may change the address to which notices shall be sent. 8. If either party institutes any action at law or in equity against the other party to secure or prot:ct its rights under or to enforce the terms of this License, in =ddition to any Judgment entered in its favor, the prevailing pat ty shall be entitled to recover such reasonable attorney' s fees as may be allowed by the court together with court costs and reasonable expenses of litigation. 5 9 . If Licensor shall be subject o any claim, demand or penalty or become a party to any sui or other judicial or administrative proceeding by reason of an, claimed act or omission by Licensee, its employees or agents, or by reason of any act occurring on the Premises, or by reason o an omission with respect to the business or operation of the site, Licensee shall indemnify and hold Licensor harmless against all Judgments, settlements, penalties, and expenses, including attorn=y's fees, court costs and other expenses of litigation or administr. tive proceeding, incurred by or imposed on Licensor in connection ith the investigation or defense relating to such claim or litigation or administrative proceeding and, at the election of Lice sor, Licensee shall also directly defend Licensor against same. 10. All references in this License to the singular shall include the plural where applicable, a d all references to the masculine shall include the feminine :nd vice-versa. Either reference shall be declared invalid, such decision shall not affect the validity of any remaining portion, w ich shall remain in full force and effect. 11 . Licensor and Licensee agree that this License is assignable by Licensee, but only to or for the benefit of Elgin Riverboat Resort or its constituent paruners or it subsidiaries. No other assignment, whether directly by icensee or as a matter of law, shall be valid without the prior written consent of Licensor (which consent shall not be unreasona.ly withheld or delayed) except that Licensee may assign this Lic-nse to its lenders as 6 • collateral security for its financing for the construction of the boat upon written notice to Licensor. 12. Licensee agrees that this License supersedes any or all other agreements and representations respecting the use of the site and contains all the terms, obligations and conditions of the parties with respect to granting this License. 13. Licensee shall have no authority, express or implied, to act as agent of Licensor, for any purpose. Licensee or its successors and assigns are, and shall remain, independent contractors responsible for all obligations and liabilities of, and for all loss or damage to, the Premises, including any personal equipment or fixtures connected therewith and for all claims or demands based on damage or destruction of property or based on injury, illness or death of any person or persons, directly or indirectly, resulting from the use of the Premises. 14. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, each of the parties hereto have caused this License to be executed by its duly authorized representative as of the day and year first above written. LICENSOR: LICENSEE: FOREST PRESERVE OF KANE COUNTY CITY OFELGIN By: I /,�a��/�, +. .. By: �' 1�-w s btny ° Its /Mayor ATTEST: ATTEST:✓ :1 4. Secretary City Clerk 7 STATE OF ILLINOIS ) : SS COUNTY OF KANE ) I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Bradley Sauer, personally known to me to be the President of the Forest Preserve District of Kane County, an Illinois forest preserve district, and Robert Quinlan, personally known to me to be the Secretary of said district, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said Forest Preserve District. GIVEN under my hand and official seal this day of �a�rLl9 , 199A. "OFFICIAL SEW Charles N.Budde NOTARY PUBLIC Notary Public,State of Illinois Commission Expires 4-8-90 STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that65-1 , personally known to me to bp the Mayor o Elgin, an Illinois municipal corporation, and ) )t bihhek , personally known to me to be the City Clerk of Elgin, and Personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such May and City Clerk they signed and delivered the said instrument as Mayor and City Clerk of Elgin and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the City Council of said municipal corporation as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation for the uses and purposes therein set forth. GIVEN under my hand an official seal this lkday of , 199 H .� (-17/44,t, -4(PBLIC t " OFFICIAL SEAL " MARY GIFFORT NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3/6/96 8 EXHIBIT A LICENSE AGREEMENT BETWEEN THE KANE COUNTY FOREST PRESERVE DISTRICT AND THE CITY OF ELGIN PROPERTY DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLLOWS: IN THE NORTHWEST BY THE SOUTH- EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LAKE STREET ON THE SOUTHEAST BY THE SOUTH- EASTERLY LINE PRODUCED SOUTHWESTERLY OF LOT 1 IN BLO 3 OF 0. DAVIDSON'S ADDITION TO ELGIN, ON THE SOUTHWEST BY THE CENTERLINE OF FOX ' • .. , AND ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE 0 LAND HEREIN DESCRIBED WHICH IS 197.5 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY • . OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF LAND HEREIN DESCRIBED WHI : IS 195.9 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN THS C OF ELGIN, KANE COUNTY, ILLINOLS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO i SHIP 41 NORTH, RANGE 8 EAST OF THE THRID PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH- EASTERLY LINE (PRODUCED SOUT I ESTERLY) OF LOT 1 IN B • : 3 OF 0. DAVIDSON'S ADDI- TION TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY • (PRODUCED SOUTHWESTERLY) OF LOT 3 IN SAID BLOCK 3, ON THE SOUTHWEST BY THE •• 4: LINE OF FOX RIVER AND ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO : A:+ Y LINE OF LAND HEREIN DESCRIBED WHICH IS 195.9 FEET SOUTHWESTERLY FROM THE 'OUTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF LAND WA' - • DESCRIBED WHICH IS 192.7 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GR V! AVENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH- EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 3 IN : • : 3 OF 0. DAVIDSON'S ADDITION TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE PRODUCED SOUTHWESTERLY) OF LOT 4 IN SAID BLOCK 3, ONTHE SOUTHWEST BY THE CENTER LINE OF FOX RIVER AND ON THE NORTH EAST BY A LINE DRAWN FROM A POINT IN THE NO' : :r: :4: I Y LINE OF LAND HEREIN DESCRIBED WHICH IS 192.7 FEET SOUTHWESTERLY FROM THE SO• : =A•• Y LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF LAND HEREIN D:••: •:ED WHICH IS 191 FEST SOUTH- WESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE IN THE CITY OF ELGIN. KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH- EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 4 IN B $ : 3 OF 0. DAVIDSON'S ADDI- TION TO ELGIN, ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 8 IN SAID BLOCK 3, ON THE SOUTHWEST BY THE :+ A: ME OF FOX RIVER. AND ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO : :* :•'• Y LINE OF LAND HEREIN DESCRIBED WHICH IS 215 FEET SOUTHWESTERLY FROM THE S•UTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY OF LAND :•: ' :+• DESCRIBED WHICH IS 215 FEET SOUTHWESTERLY FROM THE SOUTH ESTERLY LINE OF G OVE AVENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TO SHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: •N THE NORTHWEST BY THE SOUTH- EASTERLY LINE (PRODUCED SOUTHWESTERLY)) OF LOT 6 IN B • 3 OF 0. DAVIDSON'S ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SO • : (PRODUCED SOUTHWESTERLY) OF LOT 7 IN SAID BLOCK 3; ON THE SOUTHWEST BY THE CENTER 0: FOX RIVER; ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE $F SAID LAND HEREBY DESCRIBED WHICH IS 187.8 FEET SOUTHWESTERLY FROM THE SO : ►+ •RLY LINE OF GROVE AVENUE, TO A POINT IN TEE SOUTHEASTERLY LINE OF SAID LAND HEREBY Di:SCRIBED WHICH IS 188.2 FIST SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE VENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, •WNSHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH— WESTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 7 IN :LOCK 3 IN 0. DAVIDSON'S ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERLY I (PRODUCED SOUTHWESTERLY OF LOT 8 OF SAID BLOCK 3; ON THE SOUTHWEST BY THE CENTER 'F FOX RIVER; ON THE NO BY A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 186.2 FEET SOUTHWESTERLY FROM THE SO -RLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 184.6 FEST SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH— EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 8 IN :LOCK 3 IN 0. DAVIDSON'S ADDI— TION TO ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERL LINE (PRODUCED SOUTHWESTERLY) OF LOT 9 IN SAID BLOCK 3; ON THE SOUTHWEST BY THE : :4• OF FOX RIVER; ON THE NORTH— EAST BY A LINE DRAWN FROM A POINT IN THE NO: : = • =RLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 184.6 FEET SOUTHWESTERLY FROM :s- SOUTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 189 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY. ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, T•WNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTH— EASTERLY LINE (PRODUCED SOUTHWESTERLY) OF LOT 9 IN :LOCH 3 IN 0. DAVIDSON'S ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SO :1: . : +: Y LINE (PRODUCED SOITTHWE3TERLY) OF LOT 10 IN SAID BLOCK 3; ON THE SOUTHWEST BY TEE i -i A. OF FOX RIVER; ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NO: : : : Y LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 189 FEET SOUTHWESTERLY FROM THE =OTJTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 188.1 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY I 1- OF GROVE AVENUE. IN KANE COUNTY, ILLINOIS. ALSO THAT PART OF LOT 11 AND THE NORTHWESTERLY THREE—Q•'. : :+'4 OF LOT 12 IN BLOCK 3 IN 0. DAVIDSON'S ADDITION TO ELGIN IN THE SOUTHWEST QU • 4: OF SECTION 13, TOWNSHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MILKED LYING SOUTHwEsneRLY OF A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE 0r' SAID LOT 11, 168.1 FEET SOUTH— WESTERLY OF THE SOUTHWESTERLY LINE OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY THREE—QUARTERS OF LOT 12 142 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN KANE COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 ' o PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 41 NORTH. RANGE 8 EAST OF :1: THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SO :1: • :+:i Y LINE (PRODUCED SOUTHWEST— ERLY) OF THE NORTHWESTERLY THREE—QUARTERS OF LOT 1' IN BLOCK 3 III 0. DAVIDSON'S ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SO : : . : - :4 Y LINE PRODUCED SOUTHWESTER— LY) OF THE NORTHWESTERLY HALF OF LOT 13 IN SAID B • •: 3 ; ON TM SOUTHWEST BY THE CENTER OP FOX RIVER; AND ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NORTH— WESTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 142 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE TO A POINT • THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIBED WHICH IS 151.6 FEET SO : . :4: Y FROM TEE SOUTHWESTERLY LINE OF GROVE AVENUE. IN KANE COUNTY. ILLINOIS. ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13 ' PART OF THE NORTHWEST QUARTER OF SECTION 24. TOWNSHIP 41 NORTH, RANGE 8 EAST OF :i: THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SO :is : • Y LINE (PRODUCED SOUTHWEST— ERLY) OF THE NORTHWESTERLY HALF OF LOT 13 IN BLOCK : OF 0. DAVIDSON'S ADDITION TO ELGIN; ON THE SOUTHEAST BY THE SOUTHEASTERLY LINE ( RODUCED SOUTHWESTERLY) OF SAID LOT 13; ON THE SOUTHWEST BY THE CENTER OF FOX ' ON THE NORTHEAST BY A LINE DRAWN FROM A POINT IN THE NORTHWESTERLY LINE OF S 10 LAND HEREBY DESCRIBED WHICH IS 151.8 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY i i- OF GROVE AVENUE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LAND HEREBY DESCRIB-AO WHICH IS 158 FEET SOUTHWESTER— LY FROM THE SOUTHWESTERLY LINE OF GROVE AVENUE, IN 1: : COUNTY, ILLINOIS. ALSO March 30, 1994 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Assistant Corporation Counsel SUBJECT: License Agreement with th- Kane County Forest Preserve District for Te porary Easement for Shipyard Site Attached please find an originally executed copy of the above-referenced agreement. WAC mg Attachment November 15, 1993 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Assistant orporation Counsel SUBJECT: Access and Hold Harmless Agr ement between the City of Elgin and Elgin Riverboat esort Attached for your files is an original y executed copy of the access and hold harmless agreement f r the above-referenced matter. WAC mg Attachment Elm n r or Et Agenda Item No. C (5) o 'pRv e ' 'Fno'9A7t_p q C6: September 2, 1993 MEMORANDUM TO: Mayor and Members of City Cou cil FROM: Larry Rice, City Manager SUBJECT: Access Agreement Between the ' ity of Elgin and Elgin Riverboat Resort PURPOSE: Approval of an Access and old Harmless Agreement Between the r;i.ty and Elgin Riverboat -sort for the Riverboat GatiO+ .,; Fail l -:v and adjacent Forst Preserve District oro*verity BACKGROUND: The City has entered into a Development Agreement with Elgin Riverboat Resort for t e establishment of a riverboat gaming facility. The City h=s also entered into an Easement Agreement with the Kane lounty Forest Preserve District for adjacent Forest Preserve District property along the Fox River. Prior to Elgin Riverbo-t Resort exercising its option for the ground lease which is 'art of the Development Agreement, Elgin Riverboat Resort h.;s asked the City to complete its environmental investiga ions and remediations which are required under Section I B) (4) of the subject agreement. In order to begin construcuion as soon as possible after those environmental investigatio s and remediations are completed, Elgin Riverboat Resort h;s requested the City provide access to the development prop:rty for the purposes of conducting additional pre-constructio activities, including surveying, soil borings- and -dditional engineering investigations. The proposed Access and Hold Harmless Agreement would allow Elgin Riverboau Resort access to the property and the easement premises fo . these pre-construction activities . Elgin Riverboat Resort w•uld indemnify the City and the Forest Preserve District aga nst any claims and any liability arising out of the use of ' he property. The City may terminate all rights of access un•'er the agreement at any time by written notice. FINANCIAL IMPACT: None. RECOMMENDATION Approval of the Access and Hold Harmless Agreement. 1'--) I f � / Larr Rice, ity Manager