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R-1300 - 02/11/2014 - SPORTS CORE - Resolutions Supporting Documents ITEM 6.F.5) OF Oq4-e� v p O a � 0 t7 V� qCF OOUN'I'i,�� AGENDA ITEM Regular Board of Trustees Meeting of February 11, 2014 SUBJECT: Sports Core Field 3 Usage -Eclipse Select Soccer Club Tournaments FROM: Trey VanDyke, Sports Core Director BUDGET SOURCE/BUDGET IMPACT: 816 - Open Fields ($3,750.00) RECOMMENDED MOTION: I move that the Village Board approve Resolution R-1330, A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ECLIPSE SELECT SOCCER CLUB,INC. TO ALLOW THE USE OF A SPORTS CORE SOCCER FIELD Backuround/History: The Sports Core has historically been the venue for a spring soccer tournament. The dates requested for this year's spring event are Friday, April 25, 2014 through Sunday, April 27, 2014. The Eclipse Select Soccer Club, Inc. has been the primary user of the Sports Core's soccer fields without incident and the owners of the soccer goals. The fee for the spring event is $3,750.00 (three days);this is the same as 2013. Recommendation: I recommend that this resolution and usage agreement with Eclipse Select Soccer Club, Inca be approved. VY Last saved by tvandyke V:\O1 LegislativeGenMan\Agendas\AGENDA MEMOS\2014 Agenda Memos\021114\Eclipse Select Soccer Tournaments 2014-memo.doc.docx Last printed 2/6/2014 9:38 AM RESOLUTION 2014-SC-AG-EX-R-1330 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ECLIPSE SELECT SOCCER CLUB, INC. TO ALLOW THE USE OF A SPORTS CORE SOCCER FIELD WHEREAS, Eclipse Select Soccer Club, Inc. ("Eclipse") has requested to use Field 3 located within the Village's Sports Core ("Field 3") to host a youth soccer tournament from April 25, 2014 through April 27, 2014 in return for paying the Village a license fee; and WHEREAS, Eclipse has used the soccer fields located within the Village's Sports Core in the past without incident; and WHEREAS, the Village and Eclipse desire to enter into and execute an agreement allowing Eclipse to use Field 3 for the soccer tournament("Agreement'); and WHEREAS, the Village supports youth participation in safe and supervised athletic activities within the Village; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form as approved by the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Eclipse in substantially the same form as attached as Exhibit A and in a final form approved by the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-SC-AG-EX-R-1330 Agmt.w/Eclipse Soccer Page 2 of 3 APPROVED THIS 11th day of February, 2013 Gopal G. Lalmalani Village President PASSED THIS 11th day of February, 2013 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2014-SC-AG-EX-R-1330 Agmt.w/Eclipse Soccer Page 3 of 3 Exhibit A LICENSE AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK,DU PAGE COUNTY,ILLINOIS, A Municipal Corporation and ECLIPSE SELECT SOCCER CLUB,INC. (All of FIELD 3 OF SPORTS CORE) THIS AGREEMENT, (hereinafter referred to as the "Agreement")entered into as of this_day of 2014, by and between the Village of Oak Brook, Cook and DuPage Counties, Illinois, a municipal corporation(hereinafter referred to as the "VILLAGE"), and Eclipse Select Soccer Club, Inc. (hereinafter referred to as 'Eclipse"). WITNESSETH: WHEREAS,the VILLAGE is the owner of certain real estate in the Village of Oak Brook, commonly known as the Sports Core; and WHEREAS, Eclipse wishes to use Field 3 in the Sports Core for a youth soccer tournament;and WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois specifically authorizes units of local government to contract and otherwise associate with individuals, associations and corporations in any manner not prohibited by law or ordinance; NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual covenants and agreements herein contained, it is hereby mutually covenanted and agreed by the parties hereto,as follows: I UTILIZATION AND MAINTENANCE OF PROPERTY The VILLAGE agrees to license Eclipse to a non-exclusive use to Field 3 as approved by the Oak Brook Sports Core Director on April 25, April 26, and April 27, 2014 for Youth Soccer Tournaments as outlined herein and subject to the terms and conditions of this Agreement. SPECIAL ANCILLARY USE: ECLIPSE SELECT SPRING CLASSIC SOCCER TOURNAMENT This license shall also allow the use of Oak Brook Sports Core Field 3 for the ECLIPSE SELECT SPRING CLASSIC SOCCER TOURNAMENT to be held Friday-Sunday, April 25 through April 27,2014. For said use,Eclipse shall fully comply with the following provisions: 1. All provisions of this agreement shall be in force and fully complied with by ECLIPSE during said Special Ancillary Use. 2. The terms of Section VI, INSURANCE, shall apply with a certificate of coverage for the specific event affirming the required insurance coverage's specified under Section VI and naming the Village of Oak Brook as a certificate holder and additional insured. ECLIPSE shall be responsible to secure the same insurance coverage requirements with any contractor or subcontractor retained by the ECLIPSE for this ancillary use. 3. The terns of Section III,INDEMNIFICATION, shall apply for said ancillary use. 4. ECLIPSE shall pay to the Village a Special Ancillary Use fee of$3,750.00 for the events. ($1,500.00 per day for the first two days of the event and$750.00 for the last day). 5. ECLIPSE shall be responsible to fully restore Field 3 to its prior condition by 12:00 p.m. on Monday, April 28, 2014 including the removal of all equipment, removal and or cleaning service of all portable toilet facilities; removal of field equipment and spectator provisions, and trash. Should any equipment or debris remain on the field after 12:00 p.m. on April 28, 2014, an additional daily fee charge of$1,000.00 shall be paid to the Village of Oak Brook per day until the equipment and debris is removed and the field fully restored. 6. ECLIPSE shall post a cash bond with the Village of Oak Brook in the amount of$1,500.00 as a maintenance and clean-up bond by April 15, 2014. Following the tournaments, said clean-up bond will be refunded(within seven days)upon the satisfactory review of the field by the Director of the Sports Core. 7. ECLIPSE, if determined necessary by the Village, shall provide traffic and parking control which may include reimbursement to the Village for police in accordance with the Village of Oak Brook special duty pay for Police Officers as established for 2014.The Eclipse shall provide all necessary temporary directional signs for regulating parking and traffic control as directed and approved by the VILLAGE. 8. No admission fees or ticket sales, sponsorship revenues and any and all other revenue of any kind and nature, other than might be excepted from this provision, otherwise in this Agreement, shall be collected unless separately agreed to by the VILLAGE. H INSURANCE ECLIPSE shall at all times carry liability and property damage insurance at levels required by the VILLAGE(including$2,000,000 of general aggregate liability),naming the VILLAGE as an additional insured. All such policies shall contain a waiver of the contractual liability exclusion, if any, contained in such policies. By March 15, 2014 prior to the beginning of the season,ECLIPSE shall provide the VILLAGE with a certificate of the aforesaid insurance for the VILLAGE'S approval prior to the beginning of the season. If the types of insurance coverages, amounts of coverage or carriers are not approved by the VILLAGE, this Agreement will automatically terminate. The insurance required herein may not be canceled until a thirty (30) day prior notice is given the VILLAGE or until the termination of this Agreement. Cancellation or lapse of the insurance required shall result in the termination of ECLIPSE'rights under this Agreement to utilize the Sports Core property. III INDEMNITY To the fullest extent permitted by law, ECLIPSE hereby agrees to defend, indemnify and hold harmless the VILLAGE, its officials, agents, employees and volunteers against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities,judgments, costs and expenses, which may be brought against the VILLAGE, its officials, agents, employees and volunteers, arising in whole or in part or in consequence or occurring in conjunction with or as a result of Field 3 for soccer practices and games, parking of automobiles and other activities related to the conduct of soccer practices and games under this License, except that arising out of the negligence or willful conduct of the VILLAGE, its agents or employees. ECLIPSE shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the VILLAGE, its officials, agents,employees and volunteers, in any such action, ECLIPSE shall, at its own expense, satisfy and discharge the same. ECLIPSE expressly understands and agrees that any insurance policies required by Paragraph V hereinabove, or otherwise provided by ECLIPSE, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the VILLAGE, its officials, agents, employees and volunteers as herein provided. The VILLAGE agrees to hold ECLIPSE harmless and indemnify same, its agents and employees from any claim, demand or cost of an injured third parry not covered by the aforesaid insurance, arising as a result of the VILLAGE'S negligent or willful act or failure to act with regard to its duties and obligation of this Agreement. IV DEFAULT In addition to those matters set forth herein as a basis for termination of this Agreement, it is agreed that if ECLIPSE: A) Fails to make any required payments hereunder with the time frame set forth herein;or B) Fails to provide the required certificate of insurance and additional insured endorsement prior to the event;or C) Is a party to a proceeding commenced to declare it or any guarantor of this Agreement bankrupt, or insolvent or to obtain relief under any chapter or provision of any bankruptcy or debt or relief law or act to reduce or modify ECLIPSE' debts or obligations or to delay or to extend the payment thereof, or if any assignment of the ECLIPSE or any guarantor's property is made for the benefit of creditors or receiver or trustee and such proceeding is not dismissed within thirty(30)days of its filing;or D) Violates any of the provisions of VILLAGE'S ordinances or laws of the State of Illinois;or E) Use of that portion of Field 3 for an unauthorized activity. VILLAGE may treat the occurrence of one or more of the foregoing events as a breach of this Agreement, and thereupon at its option and without further notice or demand of any kind to ECLIPSE or guarantor, shall have the right to terminate this Agreement and to repossess the property or terminate ECLIPSE's right to possession without termination of this Agreement, in which event ECLIPSE agrees to surrender possession and vacate the premises immediately and deliver possession thereof to VILLAGE. ECLIPSE expressly waives the service of notice of any election made by VILLAGE under this paragraph. IX TERM OF AGREEMENT This Agreement shall be for a period commencing on Friday,April 25, 2014 for those days listed on the attached schedule of game days, practices days, and special ancillary use days and terminating on Monday, April 28,2013 at 12:OOpm. Proof of Insurance must be provided in full by March 15,2014. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the proper officer of each party on the date above first written. Eclipse Select Soccer Club, Inc.: VILLAGE OF OAK BROOK, A municipal corporation, By: By: Title: Village President ATTEST: ATTEST: By: By: Secretary Village Clerk