94-0120 GVC Ground Lease Amended Recorded C
THIS INSTRUMENT WAS PREPARED BY Fn.�
AND AFTER RECORDING RETURN TO: 9 9 �� 1r r,r, �r Coati, r ,
Irwin I . Gzesh, Esq. v 14 4 F� !6
Neal Gerber & Eisenberg P/112: 1 ,
Two North LaSalle Street •
Suite 2200 F. �
Chicago, Illinois 60602 ~� `" {
MEMORANDUM OF AMENDED AND RESTATED GROUND L ASE AGREEMENT
THIS MEMORANDUM OF AMENDED AND RESTATED GRO • LEASE AGREEMENT
( "Memorandum" ) is made effective as of the 20 •h day of January,
1994 by and between the City of Elgin, Illi, ois, an Illinois
municipal corporation ("Landlord" ) , having an ad•ress of 150 Dexter
Court, Elgin, Illinois 60120, and Elgin Riv-rboat Resort, an
Illinois joint venture ("Tenant" ) , having an . ddress in care of
RBG, L.P. , 200 West Madison Street, 38th Floor, Chicago, Illinois
60606 .
Q 1 . Real Estate. Landlord is the owner o that certain real
Jproperty legally described in Exhibit A attache. hereto and made a
NC
part hereof, located in Kane County, Illin.is (the "Demised
Premises" ) .
2 . The Lease. Pursuant to an Amended -nd Restated Ground
N
q Lease Agreement between Landlord and Tenant dat=d as of January 20,
1994 (the "Lease" ) , Tenant has leased the De ised Premises from
Landlord for an initial term commencing on Ja uary 20, 1994, and
9 terminating on the tenth (10th) anniversary .f the issuance to
O Tenant of a temporary operating permit for is riverboat gaming
0
operations by the Illinois Gaming Board. The lease grants Tenant
the right to renew the Lease for four (4) succ=ssive terms of five
1),441° 44(j
/so � /
fED 1999K016922
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(5) years each as well as an option to purchase the Demised
Premises, all on the terms and conditions herein provided.
3 . Purpose of Memorandum. This Me orandum was prepared,
signed and acknowledged solely for recording purposes under the
laws of the State of Illinois and is in no wlay intended to change,
alter, modify, amend or in any way affect the rights, duties and
obligations of Landlord and Tenant pursuant to the Lease . For a
full statement of the terms and conditions of the Lease, any person
or entity dealing with the Demised Premises should refer to the
Lease; the sole intention and purpose of this instrument being to
place those dealing with the Demised Premises on notice of the
Lease .
IN WITNESS WHEREOF, the parties have caused this Memorandum to
be executed effective as of the day and year first above written.
LANDLORD: CITY OF ELGIN, a municipal
corporation
By:
Its : Mayor
Attest :
Its : City C erk
TENANT: ELGIN RIVERBOAT RESORT, an Illinois
partnership
By RBG, L.P.
one of its general partners
By HC • 'corporation,
its g= -7a14p tner
By:
1 —
Y
R ch- d L, Schulze
V
on KO 16922
STATE OF ILLINOIS
) SS :
COUNTY OF KANE
The foregoing MEMORANDUM OF AMENDED AND RES ATED GROUND LEASE
AGREEMENT wap acknowledged before me this aZ " '� day of ei)Ja..au,
1998 by yc.- �( and 40 ' , the Mayor
and City Clerk of th City of Elgin, on •ehalf of the City of
Elgin, in its capacity as Landlord as aforesaid, for the uses and
purposes therein set forth.
MARY GIFFORT > ota lic
4 NOTARY PUBLIC, STATE OF ILLINOIS
4 Mv,Cojnroissjon,Expires.lune 13,2000 .'
`y"V ,'.G' `i" �'N' "' My commission expires 9,(iu_/c3, Nix)
SATE OF ILLINOIS )
SS :
COUNTY OF COOK
The foregoing MEMORANDUM OF AMENDED AND RESTATED GROUND LEASE
AGREEMENT was acknowledged before me this o day of
2Fw , 1994 by Richard L. Schulze, in his capacity as
S��VIce Prciaz, f HCCA Corporation, acting as general partner of
RBG, L. P. , in its capacity as one of the general partners of Elgin
Riverboat Resort, in its capacity as Tenant as aforesaid, for the
uses and purposes therein set forth.
OFFICIAL SEAL
IRMA TOVAR
NOTARY PUBLIC, STATE OF ILLINOIS ir Nob Public
MY COMMISSION EXPIRES:03/15/99
My commission expires : .31C199
7
c:\80821\11942\MEMOLEAS
1999 KO 16922
EXHIBIT A
DEMISED PREMISES
PARCEL 1 :
LOTS 1 THROUGH 14, BOTH INCLUSIVE, IN B OCK 3 OF 0. DAVIDSON' S
ADDITION TO ELGIN, IN THE CITY OF ELGIN, I • E COUNTY, ILLINOIS .
PARCEL 2 :
LOTS 1 THROUGH 11 AND 18 THROUGH 28, ALL INCLUSIVE, IN BLOCK 2 OF
O. DAVIDSON' S ADDITION TO ELGIN, IN THE CI Y OF ELGIN, KANE COUNTY,
ILLINOIS .
ALSO
LOTS 1 THROUGH 12 AND THE VACATED ALLEY L ING NORTHWESTERLY OF THE
NORTHWESTERLY LINE OF SAID LOTS 1 TO 10 IN LUSIVE AND SOUTHEASTERLY
OF THE SOUTHEASTERLY LINE OF SAID LOTS 11 AND 12 IN BLOCK "C" OF
DAVIDSON' S GROVE AVENUE SUBDIVISION, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS .
PARCEL 3 :
THAT PART OF VACATED WELLINGTON AVE LYING IN PART OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN LYING NORTHE LY OF THE NORTHERLY RIGHT
OF WAY OF NATIONAL STREET AND SOUTHERLY OF A LINE DRAWN FROM THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAh LINE OF LAKE STREET WITH
THE WESTERLY RIGHT OF WAY OF WELLINGTON •VENUE, NORTHEASTERLY TO A
POINT ON THE NORTHERLY LINE OF LOT 15, BUCK 2 OF RAILROAD ADDITION
TO ELGIN, SAID POINT BEING 72 . 75 FEET SO HWESTERLY OF (AS MEASURED
ALONG SAID NORTHERLY LINE) THE NORTHEAST CORNER OF SAID LOT 15,
BEING SITUATED IN THE CITY OF ELGIN, • COUNTY, ILLINOIS.
PARCEL 4 : -
LOTS 4, 5, 6 AND THE SOUTHERLY 55 FEET IF LOTS 3 AND 7 IN BLOCK 2
OF RAILROAD ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
PARCEL 5 :
EASEMENT AGREEMENT MADE BY THE KANE COUN Y FOREST PRESERVE, TO THE
CITY OF ELGIN, FOR AN UNDERGROUND, ABO GROUND EASEMENT, AND A
CONSTRUCTION EASEMENT FOR INGRESS AND :GRESS FOR USES ASSOCIATES
WITH A RIVERBOAT GAMBLING SITE, INCJUDING PARKING, SERVICE,
MAINTENANCE, STRUCTURAL SUPPORT AND PEDESTRIAN AND VEHICULAR
TRAFFIC RECORDED SEPTEMBER 21, 1993 AS DOCUMENT NUMBER 93K72210 .
PERMANENT INDEX NOS. 06-13-358-013 (aff-cts Parcel 1)
06-13-359-040 (aff-cts Parcels 2 and 3)
06-13-379-017 (aff-cts Parcel 4)
1999 K016922