EXHIBIT 10.13
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of the
19th day of June, 1996, by and between the DEPARTMENT OF WATERWORKS OF THE CITY
OF HAMMOND and the CITY OF HAMMOND, INDIANA, by and through its DEPARTMENT OF
WATERWORKS (jointly, "Licensor") and EMPRESS CASINO HAMMOND CORPORATION
("Licensee").
RECITALS
A. Licensor owns certain real estate located in Lake County, Indiana, the
legal description of which is attached hereto as Exhibit A (the "Real Estate").
B. Licensee leases certain real estate adjacent to the Real Estate on which
it is developing and intends to operate certain facilities in connection with
the conduct of riverboat gaming operations under and pursuant to IC 4-33, (the
"Facilities").
C. Licensee desires to license from Licensor, and Licensor desires to
license to Licensee, a portion of the Real Estate for the purposes permitted
hereunder, subject to the terms and conditions hereof.
AGREEMENT
1. Recitals. The above and foregoing Recitals are true and correct.
2. Grant of License. Licensor, subject to Licensor's right to terminate
this Agreement in the event of a default as expressly provided for herein,
hereby grants to Licensee an irrevocable license coupled with an interest in and
to the portion of the Real Estate more particularly described in Exhibit B
attached hereto and made a part hereof and/or depicted on Exhibit C (the "Map")
attached hereto and made a part hereof (the "Licensed Premises"). The Licensed
Premises consists of (i) a 32-foot wide access roadway ("Licensed Access
Premises") as shown on the Map, which is part of the so-called Perimeter Road
that is or will be leased to the City of Hammond Department of Redevelopment,
(ii) an area approximately fifteen feet (15') in width (the "Landscape/Sign
Premises") as shown on the Map, (iii) a parking area, as shown on the Map (the
"Parking Premises"), located adjacent to the maintenance building of the Hammond
Port Authority ("Maintenance Building") and (iv) those areas required for the
construction of the Improvements and maintenance of the improvements and areas
required in paragraphs 6 and 7 hereof as described therein, and/or delineated on
the Map (the "Improvement Premises"). With respect to the Parking Premises and
Licensor's property lying south thereof,
Licensor and Licensee shall have rights of access in common over entrances to
and drives and aisleways within said Parking Premises or Licensor's property.
3. Use of Licensed Premises. Licensee, its agents, employees, patrons,
invitees and licensees and Licensee's tenants, their agents, employees, patrons,
invitees and licensees shall be entitled to use and maintain (i) the Licensed
Access Premises for access to the Premises which provides access to the
Facilities, (ii) the Landscape/Sign Premises for landscaping, signs and displays
advertising the Facilities, subject to the approval of signs and displays by
Licensor's Board of Directors at its next meeting following Licensee's request
for approval, which shall be held within fifteen (15) days of such request, and
provided that such approval shall not be unreasonably withheld, (iii) the
Parking Premises for parking of vehicles, and (iv) the Improvement Premises for
the construction and maintenance of the improvements and areas set forth in 6
and 7 hereof lying outside the other Licensed Premises.
4. Term and Extensions. This Agreement shall commence on June 19, 1996 (the
"Commencement Date") and shall end at 11:59 p.m. Hammond time on the fifth (5th)
anniversary of the date on which Licensee receives an owner's license as defined
in IC 4-33-2-15 ("Gaming License") from the Indiana Gaming Commission to own and
operate a riverboat casino on Lake Michigan from the City of Hammond, Indiana,
unless sooner terminated as herein provided. The term of this License shall be
automatically extended for periods equal to each renewal period of the Gaming
License granted to the Licensee by the Indiana Gaming Commission, provided that
the term shall not extend more than seventy-five (75) years beyond the
Commencement Date.
5. License Fee. As the fee for the license granted herein Licensee shall
pay the sum of Ten Dollars ($10.00) and shall make the improvements listed in
paragraphs 6 and 7 hereof. Licensee shall not be required to pay any operational
costs or rent to Licensor for the Licensed Premises.
6. Improvements to Licensed Premises. Licensee shall construct, at its sole
cost and expense, the following improvements ("Improvements"), at the locations
depicted on the Map:
(a) A paved drive within the Licensed Access Premises ("Drive"),
provided that for purposes of this Agreement the term "Drive" shall also
include the paved portion of the Premises;
(b) An electric chain-link security gate across the Drive at or near
the line where the Licensed Access Premises and the Leased Premises meet
(the "First Gate");
(c) An electric security gate across the Drive at the eastern end of
the northernmost portion of the Leased Premises to consist of a security
bar across the Drive and a fence framing the Drive of wrought iron or
similar appearance, provided that such gate and fence shall not obscure the
view of the Chicago skyline by the public (the "Second Gate") and provided
that Licensee shall provide a pedestrian walkway and public access west of
the
-2-
second gate north of the Drive for a distance of two hundred (200) feet
from the northeastern corner of the Real Estate;
(d) A sidewalk along and north and east of the Drive along Lake
Michigan located in or along a portion of the Leased Premises and beginning
approximately at the point where the Drive first turns to the north and
west and along said Drive to the Second Gate (the "Lakefront Sidewalk"),
which shall be available and open to the public;
(e) Lighting fixtures upon poles spaced approximately every 200 feet
along the Lakefront Sidewalk;
(f) Four (4) benches located in the vicinity of the Second Gate;
(g) Chain link fencing upon the Real Estate approximately along the
western and southern boundaries of the Premises to replace fencing removed
during construction of the Facilities;
(h) Landscaping within the Landscape/Sign Premises consisting of
timbers or an earth retaining wall and appropriate plantings;
Licensee shall cause the Improvements to be constructed at its sole cost and
expense, and the same shall be completed, free of any mechanic's liens and in
compliance with all requirements of law and all ordinances, regulations, rules
or orders of any public agency or authority relating thereto. Licensee shall
obtain, at its sole cost and expense, all permits, releases, licenses and
approvals necessary for the construction of the Improvements prior to the
commencement thereof, provided Licensor shall support and assist Licensee in the
pursuit and obtaining of same. Licensee shall indemnify and hold Licensor
harmless from and against any and all costs, expenses, liability, claims,
actions and causes of action actually incurred by Licensor and arising out of
Licensee's violation of any legal requirements arising out of the construction
of the Improvements. Subject to causes beyond Licensee's control, Improvements
shall be completed on or before December 31, 1996.
7. Additional Covenants of Licensee. Licensee covenants and agrees to (i)
extend curbing along the drive leading to Licensor's fenced parking areas in the
vicinity of the southeastern corner of the Real Estate immediately south of the
proposed First Gate as agreed to by the parties (ii) construct a pedestrian
sidewalk at the south end of the Real Estate as shown on the Map, (iii) install
and maintain grass landscaping upon the Real Estate in the immediate vicinity of
the Maintenance Building adjacent to the Parking Premises and (iv) fill in and
provide pavement to Licensor's loading dock located on the south end of the Real
Estate.
8. Insurance. Licensee agrees to provide the liability insurance specified
in that certain Hammond Riverboat Gaming Project Development Agreement among
Licensee, the City of Hammond, Indiana and the City of Hammond Department of
Redevelopment, and shall name the Licensor as an additional insured thereunder.
-3-
9. Maintenance of Licensed Premises and Improvements. Licensee agrees,
during the term of this Agreement, to maintain and to make all repairs and
replacements reasonably necessary to keep the Licensed Premises, including the
Drive, and the improvements thereto or required hereunder (until such time as
the same are dedicated and accepted as public improvements) in clean and good
order, operation, condition and repair, subject to reasonable wear and tear and
damage by the elements. Other than the maintenance of the grass landscaping in
the immediate vicinity of the Maintenance Building required under subparagraph 7
(iii) hereof, Licensee shall have no maintenance responsibilities with respect
to any portion of the Real Estate outside the Licensed Premises. Licensee may
make alterations or improvements to the Licensed Premises consistent with the
permitted uses thereof, but shall not erect any structures within the Parking
Premises without Licensor's written consent. Licensee shall pay all utility
charges in connection with the Licensed Premises.
10. Approvals from Other Property Owners. To the extent that it is
determined that any improvement required to be made by Licensee hereunder is to
be made on property owned by a party other than Licensor, Licensee shall use
commercially reasonable efforts to obtain such easements, licenses, consents or
approvals as may be reasonably required for the construction of such
improvements, and Licensor shall support and assist Licensee in obtaining same.
11. Licensor's Right to Expand. Licensor retains the right to expand its
waterworks facilities on the Real Estate into the Licensed Premises, provided
that in the event any expansion involves the taking back of any portion of the
Licensed Premises other than the Parking Premises, Licensor shall be required to
relocate such Licensed Premises so taken, and the Improvements thereto
(including the letting of bids and contracting therefor), such that the area or
use of the Licensed Premises or the Improvements is not reduced or diminished,
which relocation may require filling in portions of Lake Michigan as necessary,
and Licensor covenants to take all action required to accomplish such
relocation. Licensee shall be required to pay one-half (1/2) of the cost of such
relocation.
12. Licensee's Fight to Terminate with Respect to Parking Premises.
Licensee shall have the right to terminate this Agreement with respect to the
Parking Premises at any time during the term hereof by giving written notice to
Licensor of its election to so terminate, and thereafter the parties shall have
no further obligations hereunder with respect to the Parking Premises.
13. Licensor's Right to Terminate with Respect to Parking Premises. In
addition to Licensor's right to terminate this Agreement in the event of a
default by Licensee hereunder, Licensor shall have the right, subject to
Licensee's right to continue the Agreement as permitted in this paragraph, to
terminate this Agreement with respect to the Parking Premises only upon the
expansion of Licensor's facility located adjacent to the Parking Premises into
the Parking Premises and only at such time as the expansion takes place.
Licensor shall notify the Licensee in writing at least sixty (60) days in
advance of its intention to expand such facility and specifying the amount of
the Parking Premises to be taken on account of such expansion and the date that
construction of such expansion shall commence. Licensee may elect to continue
this
-4-
Agreement with respect to that portion of the Parking Premises not taken for
such expansion by giving written notice to Licensor of such election.
14. Default. For breach of this Agreement by Licensee, Licensor may
terminate this Agreement upon thirty (30) days written notice in the event
Licensee fails to keep or perform any covenant required to be performed
hereunder by Licensee and fails to cure such failure within thirty (30) days
after receipt of written notice thereof, provided that such cure period shall be
extended as long as Licensee has commenced to cure such default within said
thirty (30) day period and diligently pursues such cure to completion. Upon such
termination, the parties shall have no further obligations hereunder.
15. Notices. Any notices to be given hereunder shall be deemed given when
in writing and (a) actually served on the party to be notified or (b) placed in
an envelope directed to the party to be notified at the following addresses and
deposited in the United States mail by certified or registered mail, postage
prepaid:
If to Licensor at: DEPARTMENT OF WATERWORKS OF THE CITY OF HAMMOND
and THE CITY OF HAMMOND, INDIANA, BY AND THROUGH
ITS DEPARTMENT OF WATERWORKS
6505 Columbia Avenue
Hammond, Indiana 46320
If to Licensee at: Empress Casino Hammond Corporation
825 Empress Drive
Hammond, Indiana 46320
Attention: General Manager
with copies to: Empress River Casino Corporation
P.O. Box 2789
Joliet, Illinois 60434-2789
Attention: Michael W. Hansen
Ice Miller Donadio & Ryan
One American Square
Box 82001
Indianapolis, Indiana 46282-0002
Attention: Phillip L. Bayt
Such addresses may be changed by either party by written advice as to the new
address given as above provided.
16. Assignment. Licensee shall have the right to assign its right, title
and interest in the Licensed Premises and this Agreement with Licensor's consent
to any entity that is granted a Gaming License with respect to the Facilities,
provided Licensor's consent shall not be unreasonably withheld, conditioned or
delayed.
-5-
17. Governing Law. This Agreement shall be governed by the laws of the
State of Indiana.
18. Running with the Land. This Agreement shall be deemed a license coupled
with an interest that touches and concerns and shall run with Licensor's
interest in the Real Estate and shall be binding upon and inure to the benefit
of the successors and assigns of the parties hereto and in the case of Licensee,
this Agreement shall inure to Licensee and the tenants of the Facilities and
their respective agents, employees, patrons, invitees and licensees.
19. Licensor's Covenants. Licensor hereby covenants that it is the owner in
fee simple of the Real Estate, is lawfully seized thereof and has a good right
to grant the license herein granted, that the Licensed Premises is free from any
and all liens and encumbrances, except for those which are apparent or appearing
of public record, any covenants, conditions or restrictions of record, a certain
license agreement between Licensor and the Hammond Port Authority to a 24 foot
(24') area providing the Port Authority with access to its fuel tanks (the
rights of which do not interfere with the rights granted hereunder) and real
estate taxes not yet due and payable. The undersigned persons executing this
Agreement on behalf of Licensor represent and certify that they are duly elected
or appointed officers of Licensor and have been fully empowered, by proper
resolution of Licensor or otherwise, to execute and deliver this Agreement; that
Licensor has full capacity to enter into this Agreement; and that all necessary
action for the execution and delivery of this Agreement has been taken and done.
20. Recording. This License Agreement or a memorandum thereof may be
recorded by Licensee, at its expense, in the real estate records of Lake County,
Indiana.
21. Hours of Use. Licensee may use the Licensed Premises twenty-four (24)
hours each day the Facilities shall be open.
22. Dedication. The parties agree that the portion of the Licensed Access
Premises, the roadway lying west of the Licensed Access Premises to the main
entrance of the Facilities, commonly known or to be known as Empress Drive and
the sidewalk along Empress Drive, all as depicted on the Map in cross-hatching
shall be dedicated to the public upon the request of the governmental authority
having jurisdiction thereover, and the parties agree to cooperate in the
dedication of such portion of the Premises to such authority. Pending such
dedication Licensor grants to Licensee a license over that portion of Empress
Drive lying west of the Licensed Access Premises upon the same terms and
conditions hereof. Following the acceptance by the applicable governing
authority of such dedication, this Agreement and the license provided hereunder
shall terminate with respect to the area so dedicated and accepted.
23. Department's Access. The Department shall have access to the Licensed
Premises at all times for any reasonable purpose.
24. Taxes. The Commission shall require the Developer to pay when due and
payable all taxes which are assessed with respect to the Licensed Premises.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
-6-
"Licensor"
DEPARTMENT OF WATERWORKS OF THE
CITY OF HAMMOND
By: /s/ ROBERT S. KOTSO
------------------------------------
Robert S. Kotso
President Board of Directors
------------------------------------
(printed name and title)
Attest:
/s/ CHESTER SMITHERS
-------------------------
Chester Smithers SEC.
-------------------------
(printed name and title)
STATE OF INDIANA )
) SS:
COUNTY OF LAKE )
Before me, a Notary Public in and for said County and State, personally
appeared ROBERT KOTSO and CHESTER SMITHERS, the President and Secretary,
respectively of the Board of Directors of the Department of Waterworks of the
City of Hammond, a municipal corporation, who acknowledged the execution of the
foregoing License Agreement as such officers acting for and on behalf of the
Department of Waterworks of the City of Hammond.
Witness my hand and notarial seal this 20th day of June, 1996.
/s/ IDA DESATNICK
----------------------------------------
Notary Public
Ida Desatnick
----------------------------------------
Printed Name
My Commission expires: 1-13-00 My County of Residence is: Lake
-7-
CITY OF HAMMOND, INDIANA, BY AND
THROUGH ITS DEPARTMENT OF WATERWORKS
By: /s/ ROBERT S. KOTSO
------------------------------------
Robert S. Kotso
President Board of Directors
------------------------------------
(printed name and title)
Attest:
/s/ CHESTER SMITHERS
-------------------------
Chester Smithers SEC.
-------------------------
(printed name and title)
STATE OF INDIANA )
) SS:
COUNTY OF LAKE )
Before me, a Notary Public in and for said County and State, personally
appeared ROBERT KOTSO and CHESTER SMITHERS, the President and Secretary,
respectively of the Board of Directors of the Department of Waterworks of the
City of Hammond, Indiana, a municipal corporation, who acknowledged the
execution of the foregoing License Agreement as such officers acting for and on
behalf of the City of Hammond, acting by and through its Department of
Waterworks.
Witness my hand and notarial seal this 20th day of June, 1996.
/s/ IDA DESATNICK
----------------------------------------
Notary Public
Ida Desatnick
----------------------------------------
Printed Name
My Commission expires: 1-13-00 My County of Residence is: Lake
-8-
R
"Licensee"
EMPRESS CASINO HAMMOND CORPORATION
By: /s/ MICHAEL W. HANSEN
------------------------------------
Michael W. Hansen, Vice-President
------------------------------------
(printed name and title)
STATE OF INDIANA )
) SS:
COUNTY OF LAKE )
Before me, a Notary Public in and for said County and State, personally
appeared MICHAEL W. HANSEN, the Vice President of Empress Casino Hammond
Corporation, who acknowledged the execution of the foregoing License Agreement
as such officer acting for and on behalf of said corporation.
Witness my hand and notarial seal this 20th day of June, 1996.
/s/ C JEROME SMITH
----------------------------------------
Notary Public
C Jerome Smith
----------------------------------------
Printed Name
My Commission expires: 12-16-98 My County of Residence is: Lake
This instrument was prepared by James B. Burroughs, Ice Miller Donadio & Ryan,
One American Square, Box 82001, Indianapolis, Indiana 46282; Telephone
(317) 236-2100.
-9-
Exhibit A
Real Estate
PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 9 WEST OF
THE SECOND PRINCIPAL MERIDIAN, IN LAKE COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF U.S.
GOVERNMENT LOT 1 AND THE NORTH LINE OF THE 66 FOOT RIGHT OF WAY OF THE CHICAGO,
LAKE SHORE AND EASTERN RAILWAY (NOW THE ELGIN, JOLIET AND EASTERN RAILROAD), AS
LOCATED IN SAID U.S. GOVERNMENT LOT 1; THENCE NORTH ON SAID EAST LINE OF U.S.
GOVERNMENT LOT 1, A DISTANCE OF 215.38 FEET; THENCE NORTH 41 DEGREES 09 MINUTES
00 SECONDS EAST, A DISTANCE OF 381.14 FEET; THENCE NORTH 53 DEGREES 49 MINUTES
00 SECONDS WEST, A DISTANCE OF 247.27 FEET; THENCE NORTH 33 DEGREES 20 MINUTES
12 SECONDS EAST, A DISTANCE OF 356.40 FEET; THENCE NORTH 07 DEGREES 58 MINUTES
41 SECONDS WEST, A DISTANCE OF 55.89 FEET; THENCE NORTH 53 DEGREES 43 MINUTES
37 SECONDS WEST, A DISTANCE OF 90.00 FEET; THENCE NORTH 53 DEGREES 43 MINUTES 37
SECONDS WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 36 DEGREES 10 MINUTES 42
SECONDS WEST, A DISTANCE OF 799.93 FEET; THENCE ON A CURVE TO THE LEFT, SAID
CURVE HAVING A RADIUS OF 2,814.93 FEET AND A CENTRAL ANGLE OF 13 DEGREES 30
MINUTES, A DISTANCE OF 392.79 FEET TO AN IRON ROD; THENCE SOUTH 53 DEGREES, 42
MINUTES 00 SECONDS EAST, A DISTANCE OF 178.65 FEET TO AN IRON ROD; THENCE SOUTH
00 DEGREES 00 MINUTES 30 SECONDS WEST, A DISTANCE OF 42.18 FEET TO AN IRON ROD;
THENCE SOUTH 53 DEGREES 42 MINUTES 30 SECONDS EAST, A DISTANCE OF 306.35 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE:
A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 9 WEST,
LOCATED IN NORTH TOWNSHIP, LAKE COUNTY, INDIANA, BEING BOUNDED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 1,
TOWNSHIP 37 NORTH, RANGE 10 WEST; THENCE NORTH 01 DEGREE 01 MINUTE 03 SECOND
WEST (ASSUMED BEARING) 4,209.68 FEET ALONG THE EAST LINE OF SAID SECTION 1 AND
ALONG THE WEST LINE OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 9 WEST; THENCE SOUTH
41 DEGREES 13 MINUTES 34 SECONDS EAST 61.96 FEET; THENCE SOUTH 41 DEGREES 13
MINUTES 34 SECONDS EAST 90.30 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE
LEFT, SAID POINT OF CURVATURE BEING SOUTH 48 DEGREES 46 MINUTES 26 SECONDS WEST
2,814.93 FEET FROM THE RADIUS POINT OF SAID CURVE; THENCE SOUTHEASTERLY 229.76
FEET ALONG SAID CURVE TO A POINT BEING SOUTH 44 DEGREES 05 MINUTES 50 SECONDS
WEST 2,814.93 FEET FROM THE RADIUS POINT OF SAID CURVE; THENCE NORTH 35 DEGREES
17 MINUTES 10 SECONDS EAST
831.29 FEET; THENCE NORTH 79 DEGREES 22 MINUTES 58 SECONDS EAST 71.38 FEET;
THENCE SOUTH 54 DEGREES 36 MINUTES 55 SECONDS EAST 100.48 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 54 DEGREES 36 MINUTES 55
SECONDS EAST 146.67 FEET; THENCE SOUTH 35 DEGREES 16 MINUTES 41 SECONDS WEST
523.46 FEET; THENCE NORTH 54 DEGREES 35 MINUTES 11 SECONDS WEST 236.35 FEET;
THENCE SOUTH 35 DEGREES 15 MINUTES 53 SECONDS WEST 349.92 FEET; THENCE NORTH 46
DEGREES 40 MINUTES 28 SECONDS WEST 20.88 FEET; THENCE NORTH 35 DEGREES 17
MINUTES 10 SECONDS EAST 780.38 FEET; THENCE SOUTH 54 DEGREES 36 MINUTES 55
SECONDS EAST 110.00 FEET; THENCE NORTH 35 DEGREES 23 MINUTES 05 SECONDS EAST
90.00 FEET TO THE POINT OF BEGINNING.
Exhibit B
Licensed Premises
Licensed Access Premises
LAND DESCRIPTION
Redevelopment Commission Sublease
Water Department Perimeter Road
version 3
05 JUN 96
A 32.00 foot-wide strip of land being a part of the Northwest Quarter of Section
6, Township 37 North, Range 9 West located in North Township, Lake County,
Indiana the centerline of which is described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 1,
Township 37 North, Range 10 West; thence North 01 degree 01 minute 03 seconds
West (assumed bearing) 4,091.63 feet along the East Line of said Section 1 and
along the West Line of Section 6, Township 37 North, Range 9 West to a point on
a non-tangent curve concave to the northeast, said point being South 38 degrees
59 minutes 01 second West 1,637.02 feet from the radius point of said curve;
thence southeasterly 62.23 feet along said curve to its point of tangency, said
point of tangency being South 36 degrees 48 minutes 21 seconds West 1,637.02
feet from the radius point of said curve; thence South 53 degrees 11 minutes 39
seconds East 650.47 feet to the point of curvature of a curve to the left, said
point of curvature being South 36 degrees 48 minutes 21 seconds West 2,864.79
feet from the radius point of said curve; thence southeasterly 84.09 feet along
said curve to its point of tangency, said point of tangency being South 35
degrees 07 minutes 27 seconds West 2,864.79 feet from the radius point of said
curve; thence South 54 degrees 52 minutes 33 seconds East 325.80 feet to the
point of curvature of a curve to the left and to the POINT OF BEGINNING of this
description, said point of curvature being South 35 degrees 07 minutes 27
seconds West 55.00 feet from the radius point of said curve; thence
southeasterly, easterly, northeasterly, northerly, and northwesterly 142.07 feet
along said curve to its point of tangency, said point of tangency being North 67
degrees 07 minutes 27 seconds East 55.00 feet from the radius point of said
curve; thence North 22 degrees 52 minutes 33 seconds West 53.74 feet to the
point of curvature of a curve to the right, said point of curvature being South
67 degrees 07 minutes 27 seconds West 55.00 feet from the radius point of said
curve; thence northwesterly, northerly, and northeasterly 56.62 feet along said
curve to its point of tangency, said point of tangency being North 53 degrees 53
minutes 40 seconds West 55.00 feet from the radius point of said curve; thence
North 36 degrees 06 minutes 20 seconds East 270.31 feet to the point of
curvature of a curve left, said point of curvature being South 53 degrees 53
minutes 40 seconds East 40.00 feet from the radius point of said curve; thence
northeasterly, northerly, and northwesterly 63.49 feet along said curve to its
point of tangency, said point of tangency being North 35 degrees 09 minutes 56
seconds East 40.00 feet from the radius point of said curve; thence North 54
degrees 50 minutes 04 seconds West 117.95 feet to the point of curvature of a
curve to the right, said point of curvature being South 35 degrees 09 minutes 56
seconds West 40.00 feet from the radius point of said curve; thence
northwesterly, northerly, and northeasterly 60.84 feet along said curve to its
point of tangency, said point of tangency being North 57 degrees 40 minutes 52
seconds West 40.00 feet from the radius point of said curve; thence North 32
degrees 19 minutes 08 seconds East 330.68 feet to the point of curvature of a
curve to the left, said point of curvature being South 57 degrees 40 minutes 52
seconds East 40.00 feet from the radius point of said curve; thence
northeasterly, northerly, and northwesterly 60.76 feet along said curve to its
point of tangency, said point of tangency being North 35 degrees 17 minutes 10
seconds East 40.00 feet from the radius point of said curve; thence North 54
degrees 42 minutes 50 Seconds West 227.88 feet to the TERMINUS of this
centerline description. Containing 1.017 acres, more or less.
Excepting therefrom the property described on the following two (2) pages
CURVE #1 CURVE #2 CURVE #3
-------- -------- --------
/\ = 02/o/10'41" /\ = 01/o/40'54" /\ = 148/o/00'00"
R = 1637.02' R = 2864.79' R = 55.00'
T = 31.12' T = 42.05' T = 191.81'
L = 62.23' L = 84.09' L = 142.07'
C = S52/o/06'19"E-62.22' C = S54/o/02'06"E-84.08' C = N51/o/07'27"E-105.74'
CURVE #4 CURVE #5 CURVE #6
-------- -------- --------
/\ = 58/o/58'53" /\ = 90/o/56'23" /\ = 87/o/09'12"
R = 55.00' R = 40.00' R = 40.00'
T = 31.11' T = 40.66' T = 38.06'
L = 56.62' L = 63.49' L = 60.84'
C = N06/o/36'53"E-54.15' C = N09/o/21'52"W-57.03' C = N11/o/15'28"W-55.15'
CURVE #7
--------
/\ = 87/o/01'58"
R = 40.00'
T = 37.98'
L = 60.76'
C = N11/o/11'51"W-55.09'
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC.
4165 Millersville Road
INDIANAPOLIS INDIANA
(317) 547-5580 (C) Copyright 1996 46205-2998
DATE: May 28, 1996
DRAWN BY: CMM
JOB NO. 94-290
SHEET NO. 1 of 3
LAND DESCRIPTION
Redevelopment Commission Sublease
Water, Department Perimeter Road
version 2
24 MAY 96
A 32.00 foot-wide strip of land being a part of the Northwest Quarter of Section
6, Township 37 North, Range 9 West located in North Township, Lake County,
Indiana the centerline of which is described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 1,
Township 37 North, Range 10 West; thence North 01 degree 01 minute 03 seconds
West (assumed bearing) 4,091,63 feet along the East Line of said Section 1 and
along the West Line of Section 6, Township 37 North, Range 9 West to a point on
a non-tangent curve concave to the northeast, said point being South 38 degrees
59 minutes 01 West 1,637.02 feet from the radius point of said curve; thence
southeasterly 62.23 feet along said curve to its point of tangency, said point
of tangency being South 36 degrees 48 minutes 21 seconds West 1,637,02 feet from
the radius point of said curve; thence South 53 degrees 11 minutes 39 seconds
East 650.47 feet to the point of curvature of a curve to the left, said point of
curvature being South 36 degrees 48 minutes 21 seconds West 2,864.79 feet from
the radius point of said curve; thence southeasterly 84.09 feet along said
curve to its point of tangency, said point of tangency being South 35 degrees 07
minutes 27 seconds West 2,864.79 feet from the radius point of said curve;
thence South 54 degrees 52 minutes 33 seconds East 325.80 feet to the point of
curvature of a curve to the left, said point of curvature being South 35 degrees
07 minutes 27 seconds West 55.00 feet from the radius point of said curve;
thence southeasterly, easterly, northeasterly, northerly, and northwesterly
142.07 feet along said curve to its point of tangency, said point of tangency
being North 67 degrees 07 minutes 27 seconds East 55.00 feet from the radius
point of said curve; thence North 22 degrees 52 minutes 33 seconds West 53.74
feet to the point of curvature of a curve to the right, said point of curvature
being South 67 degrees 07 minutes 27 seconds West 55.00 feet from the radius
point of said curve; thence northwesterly, northerly, and northeasterly 56.62
feet along said curve to its point of tangency, said point of tangencey being
North 53 degrees 53 minutes 40 seconds West 55.00 feet from the radius point of
said curve; thence North 36 degrees 06 minutes 20 seconds East 15.67 feet to the
POINT OF BEGINNING of this centerline description; thence North 36 degrees 06
minutes 20 seconds East 254.64 feet to the point of curvature or a curve left,
said point of curvature being South 53 degrees 53 minutes 40 seconds East 40.00
feet from the radius point of said curve; thence northeasterly,
northerly, and northwesterly 63,49 feet along said curve to its point of
tangency, said point of tangency being North 35 degrees 09 minutes 56 seconds
East 40.00 feet from the radius point of said curve; thence North 54 degrees 50
minutes 04 seconds West 117.95 feet to the point of curvature of a curve to the
right, said point of curvature being South 35 degrees 09 minutes 56 seconds West
40.00 feet from the radius point of said curve; thence northwesterly, northerly,
and northeasterly 60.84 feet along said curve to its point of tangency, said
pint of tangency being North 57 degrees 40 minutes 52 seconds West 40.00 feet
from the radius point of said curve; thence North 32 degrees 19 minutes 08
seconds East 330.68 feet to the point of curvature of a curve to the left, said
point of curvature being South 57 degrees 40 minutes 52 seconds East 40.00 feet
from the radius point of said curve; thence northeasterly, northerly, and
northwesterly 60.76 feet along said curve to its point of tangency, said point
of tangency being North 35 degrees 17 minutes 10 seconds East 40.00 feet from
the radius point of said curve; thence North 54 degrees 42 minutes 50 seconds
West 227.88 feet to the TERMINUS of this centerline description. Containing
0.820 acres, more or less.
LAND DESCRIPTION
parking premises
Hammond Water Works
version 2
14 JUN 96
A part of the Northwest Quarter of Section 6, Township 37 North, Range 9 West
located in North Township, Lake County, Indiana being bounded as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 1,
Township 37 North, Range 10 West; thence North 01 degree 01 minute 03 seconds
West (assumed bearing) 4,091.63 feet along the East Line of said Section 1 and
along the West Line of Section 6, Township 37 North, Range 9 West to a point on
a non-tangent curve concave to the northeast, said point being South 38 degrees
59 minutes 01 second West 1,637.02 feet from the radius point of said curve;
thence southeasterly 62.23 feet along said curve to its point of tangency, said
point of tangency being South 36 degrees 48 minutes 21 seconds West 1,637.02
feet from the radius point of said curve; thence South 53 degrees 11 minutes 39
seconds East 273.37 feet; thence North 35 degrees 17 minutes 19 seconds East
178.74 feet; thence South 54 degrees 42 minutes 50 seconds East 19.00 feet to
the POINT OF BEGINNING of this description; thence South 54 degrees 42 minutes
50 seconds East 107.00 feet; thence South 35 degrees 17 minutes 10 seconds West
78.47 feet; thence North 54 degrees 42 minutes 50 seconds West 107.00 feet;
thence North 35 degrees 17 minutes 10 seconds East 78.47 feet to the POINT OF
BEGINNING containing 0.193 acres, more or less.
LAND DESCRIPTION
parking premises
Hammond Water Works
version 2
14 JUN 96
A part of the Northwest Quarter of Section 6, Township 37 North, Range 9 West
located in North Township, Lake County, Indiana being bounded as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 1,
Township 37 North, Range 10 West; thence North 01 degree 01 minute 03 seconds
West (assumed bearing) 4,091.63 feet along the East Line of said Section 1 and
along the West Line of Section 6, Township 37 North, Range 9 West to a point on
a non-tangent curve concave to the northeast, said point being South 38 degrees
59 minutes 01 second West 1,637.02 feet from the radius point of said curve;
thence southeasterly 62.23 feet along said curve to its point of tangency, said
point of tangency being South 36 degrees 48 minutes 21 seconds West 1,637.02
feet from the radius point of said curve; thence South 53 degrees 11 minutes 39
seconds East 273.37 feet; thence North 35 degrees 17 minutes 19 seconds East
178.74 feet; thence South 54 degrees 42 minutes 50 seconds East 19.00 feet to
the POINT OF BEGINNING of this description; thence South 54 degrees 42 minutes
50 seconds East 107.00 feet; thence South 35 degrees 17 minutes 10 seconds West
78.47 feet; thence North 54 degrees 42 minutes 50 seconds West 107.00 feet;
thence North 35 degrees 17 minutes 10 seconds East 78.47 feet to the POINT OF
BEGINNING containing 0.193 acres, more or less.
CURVE #1
(TRIANGLE) = 02/o/10'41"
R = 1637.02'
T = 31.12'
L = 62.23'
C = S52/o/06'19/o/E- 62.22'
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC. DATE: JUNE 6, 1996
4165 Millersville Road -------------------------
INDIANAPOLIS INDIANA DRAWN BY: CMM
(317)547-5580 46205-2998 -------------------------
(C) Copyright 1996
JOB NO. 94-290
- --------------------------------------------------------------------------------
SHEET NO. 1 OF 2
[MAP APPEARS HERE]
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC. DATE: JUNE 6, 1996 SHEET NO.
4165 Millersville Road DRAWN BY: CMM 2
INDIANAPOLIS INDIANA JOB NO. 94-290 of
(317) 547-5580 (C) Copyright 1996 46205-2998 2
- --------------------------------------------------------------------------------
LAND DESCRIPTION
landscape/sign premises
version 1
6 JUN 96
A part of the Northwest Quarter of Section 6, Township 37 North, Range 9 West
located in North Township, Lake County, Indiana being bounded as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 1,
Township 37 North, Range 10 West; thence, North 01 degree 01 minute 03 seconds
West (assumed bearing) 4,091.63 feet along the East Line of said Section 1 and
along the West Line of Section 6, Township 37 North, Range 9 West to a point on
a non-tangent curve concave to the northeast, said point being South 38 degrees
59 minutes 01 second West 1,637.02 feet from the radius point of said curve;
thence southeasterly 62.23 feet along said curve to its point of tangency, said
point of tangency being South 36 degrees 48 minutes 21 seconds West 1,637.02
feet from the radius point of said curve; thence South 53 degrees 11 minutes 39
seconds East 650.47 feet to the point of curvature of a curve to the left, said
point of curvature being South 36 degrees 48 minutes 21 seconds West 2,864.79
feet from the radius point of said curve; thence southeasterly 84.09 feet along
said curve to its point of tangency, said point of tangency being South 35
degrees 07 minutes 27 seconds West 2,864.79 feet from the radius point of said
curve; thence South 54 degrees 52 minutes 33 seconds East 325.80 feet to the
point of curvature of a curve to the left, said point of curvature being South
35 degrees 07 minutes 27 seconds West 55.00 feet from the radius point of said
curve; thence southeasterly, easterly, northeasterly, northerly, and
northwesterly 142.07 feet along said curve to its point of tangency, said point
of tangency being North 67 degrees 07 minutes 27 seconds East 55.00 feet from
the radius point of said curve; thence North 22 degrees 52 minutes 33 seconds
West 53.74 feet to the point of curvature of a curve to the right, said point of
curvature being South 67 degrees 07 minutes 27 seconds West 55.00 feet from the
radius point of said curve; thence northwesterly, northerly, and northeasterly
56.62 feet along said curve to its point of tangency, said point of tangency
being North 53 degrees 53 minutes 40 seconds West 55.00 feet from the radius
point of said curve; thence North 36 degrees 06 minutes 20 seconds East 270.31
feet to the point of curvature of a curve left, said point of curvature being
South 53 degrees 53 minutes 40 seconds East 40.00 feet from the radius point of
said curve; thence northeasterly, northerly. and northwesterly 63.49 feet along
said curve to its point of tangency, said point of tangency being North 35
degrees 09 minutes 56 seconds East 40.00 feet from the radius point of said
curve; thence North 54 degrees 50 minutes 04 seconds West 117.95 feet to the
point of curvature of a curve to the right, said point of curvature being South
35 degrees 09 minutes 56 seconds West 40.00 feet from the radius point of said
curve; thence northwesterly, northerly, and northeasterly 60.84 feet along said
curve to its point of tangency, said point of tangency being North 57 degrees 40
minutes 52 seconds West 40.00 feet from the radius point of said curve; thence
North 32 degrees 19 minutes 08 seconds East 330.68 feet to the point of
curvature of a curve to the left, said point of curvature being South 57 degrees
40 minutes 52 seconds East 40.00 feet from the radius point of said curve;
thence northeasterly, northerly, and northwesterly 60.76 feet along said curve
to its point of tangency, said point of tangency being North 35 degrees 17
minutes 10 seconds East 40.00 feet from the radius point of said curve; thence
South 35 degrees 17 minutes 10 seconds West 16.00 along the radius line of said
curve to the POINT OF BEGINNING of this description; thence South 35 degrees 17
minutes 10 seconds West 15.00 feet along the radius line of said curve; thence
North 54 degrees 42 minutes 50 seconds West 227.88 feet; thence North 35 degrees
16 minutes 41 seconds East 15.00 feet; thence South 54 degrees 42 minutes 50
seconds East 227.88 feet to the POINT OF BEGINNING containing 0.078 acres, more
or less.
CURVE #1 CURVE #2
(TRIANGLE) = 02/o/10'41" (TRIANGLE) = 01/o/40'54"
R = 1637.02' R = 2864.79'
T = 31.12' T = 42.05'
L = 62.23' L = 84.09'
C = S52/o/06'19'E- 62.22' C = S54/o/02'06'E- 84.08'
CURVE #3 CURVE #4
(TRIANGLE) = 148/o/00'00' (TRIANGLE) = 58/o/58'53"
R = 55.00 R = 55.00'
T = 191.81' T = 31.11'
L = 142.07' L = 56.62'
C = N51/o/07'27"E-105.74' C = N06/o/36'53"E-54.15'
CURVE #5 CURVE #6
(TRIANGLE) = 90/o/56'23" (TRIANGLE) = 87/o/09'12"
R = 40.00' R = 40.00'
T = 40.66' T = 38.06'
L = 63.49' L = 60.84'
C = N09/o/'52"W-57.03' C = N11/o/'28"W-55.15'
CURVE #7
(TRIANGLE) = 87/o/01'58"
R = 40.00
T = 37.98'
L = 60.76'
C = N11/o/11'51"W-55.09'
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC. DATE: JUNE 6, 1996
4165 Millersville Road -------------------------
INDIANAPOLIS INDIANA DRAWN BY: CMM
(317)547-5580 46205-2998 -------------------------
(C) Copyright 1996
JOB NO. 94-290
- --------------------------------------------------------------------------------
SHEET NO. 1 OF 3
[MAP APPEARS HERE]
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC. DATE: JUNE 6, 1996 SHEET NO.
4165 Millersville Road DRAWN BY: CMM 2
INDIANAPOLIS INDIANA JOB NO. 94-290 of
(317) 547-5580 (C) Copyright 1996 46205-2998 3
- --------------------------------------------------------------------------------
[MAP APPEARS HERE]
- --------------------------------------------------------------------------------
AMERICAN CONSULTING ENGINEERS, INC. DATE: JUNE 6, 1996 SHEET NO.
4165 Millersville Road DRAWN BY: CMM 3
INDIANAPOLIS INDIANA JOB NO. 94-290 of
(317) 547-5580 (C) Copyright 1996 46205-2998 3
- --------------------------------------------------------------------------------
[MAP OF EXHIBIT APPEARS HERE]