99-234 Resolution No. 99-234
RESOLUTION
AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AMENDED AND
RESTATED GROUND LEASE AGREEMENT WITH ELGIN RIVERBOAT RESORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
First Amendment to Amended and Restated Ground Lease Agreement
on behalf of the City of Elgin with Elgin Riverboat Resort for
the riverboat gaming facility within the City of Elgin, a copy
of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: September 8 , 1999
Adopted: September 8, 1999
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
September 27 , 1999
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Corporation Counsel
SUBJECT: First Amendment to Amended and Restated Ground Lease
Agreement with Elgin Riverboat Resort
Attached find an original executed copy of the
above-referenced agreement .
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Attachment
FIRST AMENDMENT TO AMENDED AND RESTATED
GROUND LEASE AGREEMENT
THIS AGREEMENT is made and entered into this 8th
day of September , 1999, by and between the CITY OF
ELGIN, Illinois, an Illinois municipal corporation
(hereinafter referred to as the "Landlord" ) , and ELGIN
RIVERBOAT RESORT, an Illinois joint venture consisting of
Nevada Landing Partnership and RBG, L. P. , as its joint venture
partners (hereinafter referred to as tine "Tenant" ) ;
WHEREAS, Landlord and Tenant have heretofore entered
into a certain Amended and Restated Ground Lease Agreement
dated December 2 , 1998 (hereinafter referred to as the
"Amended and Restated Ground Lease Agreement" ) ; and
WHEREAS, Landlord and Tenant have determined that it
is to their mutual benefit to amend certain provisions within
said Amended and Restated Ground Lease Agreement relating to
the hours of operation of the subject facility and the
operation of a shuttle bus system.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings contained herein, and other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as
follows :
1 . That Section 3B (ii) of the Amended and Restated
Ground Lease Agreement entitled "Riverboat - Closure" be and
is hereby amended to read as follows :
" (ii) Riverboat Operations . Tenant shall have
the right to operate the Riverboat continuously
through the entirety of each day. "
2 . That Section 3C of the Amended and Restated
Ground Lease Agreement is hereby amended to read as follows :
"In conjunction with its use of the Demised
Premises, a shuttle bus system similar to a trolley
on wheels shall be established and operated either
by Tenant, an independent contractor selected and
retained by Tenant, or by the PACE system if
arrangements suitable to Tenant can be made with
Pace . Any such shuttle bus system shall be
conducted in accordance with all requirements of
applicable law. "
3 . That except as modified hereby the Amended and
Restated Ground Lease Agreement shall remain in full force and
effect .
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed on the date and year first written
above .
CITY OF ELGIN, a municipal ELGIN RIVERBOAT RESORT, an
corporation Illinois partnership
By ��" By RBG, L. P. ,
Mayor One of its general partners
By HCCA ,, opor_tion,
Attest : Its g�' -ra partner
�v C-�''-,.-G' �/� eta r• By /k4111
City Clerk Ric ':rd L. .chulze
RAGRE/RIVERBT.A#1
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