93-289 Resolution No. 93-289
RESOLUTION
AUTHORIZING EXECUTION OF AN ASSIGNMENT TO ELGIN
RIVERBOAT RESORT OF LICENSE AGREEMENT WITH
KANE COUNTY FOREST PRESERVE DISTRICT
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 Assignment to Elgin Riverboat Resort of a license
agreement with the Kane County Forest Preserve District for a
temporary construction easement to the balance of property to
be used for the boatyard site adjacent to the riverboat gaming
site, a copy of which is attached hereto and made a part
hereof by reference.
s/ George 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
CITY OF ELGIN
To: / •
Date 7/2 — ls�
From: �i'i'i
For Your Comments Fort Your In for-
_For Your Approval Note & Return
_Take Correct Action —Note
& File
Call Me For Your Signature
See Me —
Reply & Send Me Copy —
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This Assignment is made the 1.:_a-L day of (a 1 , 1995,
by and between the CITY OF ELGIN, a aunici corporation
("Assignor"), and ELGIN RIVERBOAT RESORT, an Illinois partnership
("Resort"), ("Assignee'").
WITEE8BETH:
WHEREAS, Assignor is a licensee under that certain License
Agreement dated the 2 day of , March,- 1994 , Mel, by and
between the FOREST PRESERVE DISTRICT OF EME COUNTY, Illinois, as
Licensor and CITY OF ELGIE, as Licensee; and
WHEREAS, CLAY ur Elgin desires to assign to Resort all of its
rights and interest under the aforesaid License Agreement; and
WHEREAS, Resort agrees to assume and be bound by all of the
terms and obligations of Assignor under the aforesaid License
Agreement.
• NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration in band
paid, receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1 . Assignor hereby assigns over and unto Resort, all of its
right, title and interest in and to a certain Premises described on
Exhibit "A" attached hereto, which rights, title and interest are
derived by Assignor from that certain License Agreement dated the
25thday of March , 199 4by and between Forest Preserve
District of Kane County, and Licensor and City of Elgin, as
License.
1
3. Resort hereby agrees to be bound by the terms and
conditions of the aforesaid License Agreement and to undertake and
assume all of the specific obligations of Assignor set. forth in
said License Agreement. Resort further agrees that any action to
enforce any remedy by Licensor against Licensee shall be equally
available to Licensor as against Resort, including the recovery of
costs and attorney's fees in the event Licensor incurs same in the
enforcement of the License Agreement hereby assigned. •
3. Resort hereby further agrees to indemnity 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 liability whatsoever arising out of
. Resort's or its representative's activities on the property
described on Exhibit A hereto. Resort also agrees to include the
City of Elgin as an additional named insured under the insurance to
be provided under Paragraph 5 of the subject License Agreement.
IN WITNESS WHEREOF, each of the parties hereto have caused
• this Assignment to be executed by its duly authorised
representative as of the day and year first above written.
ASSIGNOR: ASSIGNEE:
City Of Elgin Elgin Riverboat Resort
By By: RBG, LP •
Its Mayor One of its ventures
By: RC e-
I t Partner
•
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• V ce - ' =sident
O.
ATTEST: • ATTEST:
City Clerk Its Secretary
2
STATIC OF ILLINOIS )
: IS
COUNTY OF SANE
I, the undersigned, a Notary Public in and for the County and
State aforesaid, do hereby certify that Kevin Kelly
personally known to me to be the Mayor of Elgin, an Illinois
municipal corporation, and Dolonna Mecum ,, 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 and official seal this _1st day of
August , 199 5.
rE( LLOz
N ANY PUB=
OFFICIAL SEAL
SUELLYN LOSCH •
STATE OF ILLINOIS ) NOTARY PUBLIC,STATE OF ILLINOIS
C!DO� MY COMMISSION EXPIRES:10/27/98
COUNTY OF .u,. ,.•r... , . :...-,..�.
I, the undersigned, a Notary Public in and for the County
and State aforesaid, do hereby certify that Jed c i+Ak-D L.- Sc$c4 L6_,
personally known to me to be the V1C i_ of =CA
Corporation, and personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that as such
he signed and delivered the said instrument as
V ► �-� P R s D e rJ-r of said corporation, pursuant to
- __ authority given by the board of Directors of said corporation as
their free and voluntary act, and as the free and voluntary act and
deed of said corporation for the uses and purposes therein set
forth.
GIVEN under my hand and official seal the , Wk, day of
, 1995.
(lc te — )IL4 &1
"OFFICIAL SEAL" NOTARY PUBLIC
KATHLEEN BRENNAN-NASH
NOTARY PUBLIC, STATE OF IWNOIS
MY COMMISSION EXPIRES 8/02/91
3
, ,
DESCRIPTION OF BOATYARD USAGE OVER PART OF KANE COUNTY FOREST PRESERVE
PROPERTY.
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13,TOWNSHIP 41 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTHEASTERLY LINE OF LOT It IN BLOCK 4 OF O.DAVIDSON'S ADDITION TO
ELGIN, SAID POINT BEING 199.1 FEET SOUTHWESTERLY (AS MEASURED ALONG SAID
SOUTHEASTERLY LIE);THENCE NORTHWESTERLY TO A POINT ON THE NORTHWESTERLY
LIME OF LOT 5 IN BLOCK 4 OF O. DAVIDSON'S ADDITION, SAID POINT BEING 995.6 FEET
SOUTHWESTERLY (AS MEASURED ALONG SAID NORTHWESTERLY UNE) OF THE
WESTERLY LINE OF GROVE AVENUE;THENCE CONTINUING NORTHWESTERLY TO A POINT
ON THE NORTHWESTERLY UNE OF LOT 2 IN SAID BLOCK 4,SAID POINT BEING 195.0 FEET
SOUTHWESTERLY OF (AS MEASURED ALONG SAID NORTHWESTERLY UNE) THE
WESTERLY LINE OF GROVE AVENUE; THENCE CON'T'INUING NORTHWESTERLY TO A POINT
ON A LINE DRAWN PERPENDICULAR TO THE WESTERLY LINE OF GROVE AVENUE, MID
LINE PASSES TI.iRU A POINT ON THE WESTERLY LINE OF GROVE AVENUE THAT IS VCSA
FEET NORTHWESTERLY OF(AS MEASURED ALONG THE WESTERLY UNE OF GROVE)THE
SOUTHEASTERLY LINE OF LOT 8 IN BLOCK 4 AFORESAID; THENCE SOUTHWESTERLY
ALONG SAID PERPENDICULAR UNE TO THE EASTERLY BANK OF THE FOX RIVER;THENCE
SOUTHERLY ALONG THE EASTERLY BANK OF THE FOX RIVER TO A POINT ON THE
SOUTHEASTERLY LINE (EXTENDED SOUTHWESTERLY) OF LOT 8 AFORESAID; THENCE
NORTHEASTERLY ALONG SAID SOUTHWESTERLY EXTENSION TO THE PLACE OF
BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS.
EXHIBIT A
Daniel Azark
Vice President
Hyatt Development Corporation
Jul_ 2 1185 200 West Madison
Chicago,IL 60606 USA
Telephone:312.750.1234
Direct Number:312.750.8404
FAX:312.750.8084
July 17, 1995
Mr. William A. Cogley
CITY OF ELGIN
150 Dexter Court
Elgin, IL 60120-5555
Dear Bill:
Attached please find two copies of the Forest Preserve District Assignment Agreement
executed by Elgin Riverboat Resort. After the City has executed the document, please
return an original for our files.
Sincerely,
(.9
Azark
DA:jt
attachment
cc: Andrea Stern
Mindy Sircus
TELEPHONE 708/931-6100
L12jfl FAX 708/931-5610
FOR HEARING IMPAIRED
TDD 708/931-5616
CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555
March 7, 1994
Patrick M. Kinnally
Murphy, Huff, Foote, Mielke and Kinnally
Attorneys at Law
8 East Galena Boulevard, Suite 202
Aurora, Illinois 60507-5030
Re: Original Copies of License Agreement and Assignment
Therefore
Dear Pat:
You will recall that you previously drafted a License Agreement
between the City and the Kane County Forest Preserve District
for a Temporary Construction Easement to the balance of the
property to be used fbr the boatyards adjacent to the riverboat
gaming site. You also prepared an Assignment of those rights
from the City to Elgin Riverboat Resort.
The City Council approved these agreements on November 27,
1993. I contacted you by letter of December 22, 1993,
requesting original copies of those documents so that I may
arrange for the Mayor and Clerk' s signature. A review of my
file indicates that I still have yet to receive original copies
of these documents . I would appreciate you forwarding copies of
these documents as soon as possible.
Thank you for your attention to this matter.
Very truly yours,
1/1/44) .
William A. Cogley
Assistant Corporation Counsel
WAC/m ,,
cc:
Dan Azark
Printed on recycled paper
Eizi TELEPHONE 708/931-6100
111 FAX 708/931-5610
FOR HEARING IMPAIRED
`�,4 OF Etc. TDD 708/931-5616
‘ CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555
p'IP,71
December 22, 1993
Patrick Kinnally, Esq.
Murphy, Hupp, Foote,
Mielke and Kinnally
8 E. Galena Boulevard, Suite 202
P.O. Box 5030
Aurora, IL 60507-5030
RE: Original Copies of
License Agreement and
Assignment Thereof
Dear Pat:
You will recall that you previously drafted a license
agreement between the City and the Kane County Forest Preserve
District for a temporary construction easement to the balance
of the property to be used for the boatyards adjacent to the
riverboat gaming site. You also prepared an assignment of
those rights from the City to Elgin Riverboat Resort.
The City Council approved these agreements on November 27,
1993. A review of my file indicates I have yet to receive
original copies of these documents. Please forward original
copies of these documents so that I may arrange for the Mayor
and Clerk's signature.
Thank you for your attention to this matter.
Very truly yours,
William A. Cogley
Assistant Corporation Counsel
WAC/nr
jec: Dolonna Mecum
(i)
Printed on recycled paper