3rd Amend to 4th Mod to Golf Practice Area EasementsTHIRD AMENDMENT TO THE FOURTH MODIFICATION
OF USE OF GOLF PRACTICE AREA EASEMENTS
THIS THIRD AMENDMENT TO THE FOURTH MODIFICATION OF USE OF GOLF
PRACTICE AREA EASEMENTS ("Third Amendment') is made this 13" day of September,
2016 by and between the BUTLER NATIONAL GOLF CLUB, an Illinois not-for-profit
corporation (`Club"), and the VILLAGE OF OAK BROOK, ILLINOIS, an Illinois municipal
corporation ("Village").
RECITALS
WHEREAS, on the 13"' day of October 2015, the Club and the Village entered into a
Second Amendment to the Fourth Modification of Use of Golf Practice Easements: and
WTIEREAS, the conditions relating to the continuing effectiveness of certain prior
documents remain in effect: and
WHEREAS, the implementation of the Second Amendment has worked successfully; and
WHEREAS. the parties now desire to further amend the Fourth Modification to extend its
term for an additional five Years pursuant to the terms of this Third .Amendment.
NOW, THEREFORE, for and in consideration of the recitals set forth above and other
good and valuable consideration, the receipt.. adequacy and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
A. Amendment of Para+=raph 7 of the Fourth Modification. The Club and the Villagc
acknowledge and agree that paragraph 7 of the Fourth Modification shall be
further amended and be replaced with the fallowing:
Clubs, Costs and Expenses. Prior to the vear beginning January 1, 2017,
the Club shall pay all costs and expenses pursuant to the Third
Modification. In connection with the Club's use of the Practice Properly,
the Club shall pay all costs and expenses of maintaining Parcel 4 for Golf
Practice Purposes, including without limitation seeding, mowing,
irrigating, fertilizing, draining and sodding. The Club shall pay the
liillage the following Slm1S for the 161lowing periods:
Period
Pa vmen t
1/1/17—
12/31!17
$70.000
1/8118 —
12/31/18
$70.00(1
1/1119—
12/31/19
$75.000
1/1/20—
12/31/20
$75,000
1/1,21 —
12/31/21
$80.000
US 1213,'5811 c2 099000-3,5504 IM, 2016 h 3) PM
Payments shall be made on or before April 1 s( of each year. No other
payments let percentage increases) shall be due to the Village during the
tern ofthis Third Amandmcnt.
B. Amendment of Paragraph I l.b ofthe Fourth Modification, The Club and the
Village acknowledge and agree that paragraph I l.b of the Fourth Amendment
shall be replaced with the following:
b. The term of this 11ird Amendment to the Fourth Modification
shalt commence on January 1, 2017 and continue until December
31, 2031. The Village may. however, terminate this Third
Amendment by providing written notice thereof to the Club at any
time after December 31, 2017 with such termination to be
effective on December 31" ofthe second calendar year following
the calendar year that any such written notice is so provided to the
Club, which must be made by the Corporate Authorities of the
Village. For example, ifthe Village gives written notice to the
Chub ofsuch termination on December I5, 2018, such termination
shall be effective as of December 31, 2020.
C. Additional I told Harmless. to addition to any other obligation of the Club to hold
the Village, its officers, agents and employees harmless, to defend and indemnify.
the Club agrees to hold the Village, its officers, agents and ernployces harmless
and to defend and indemnify the Village with respect to any claim, demand or suit
made or filed against the Village, its officers, agents and employees arising out of
any unlawful limitation on the use ofthe Practice Property which the Club may
impose.
D. Effect of Amendment. The parties acknowledge and agree that thisThird
Amendment modifies and amends the Fourth Modification, and the terms and
provisions hereof shall supersede and control over any contrary or conflicting
terns and provisions set forth in the Fourth Modification or any amendment
thereof. The Fourth Modification as amended by this Third Amendment is hereby_
ratified and remains in full force and effect. For avoidance of doubt the parties
agree that the provisions of Paragraph I ].c shall continue to be effective
notwithstanding the amendments to the Fourth Modification.
Iii WITNESS WHEREOF, the Club and the Village have respectively executed this
Third Amendment to be effective as ofthe date first above written.
ATTEST:
By
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BUTLER NATIONAL GOLF TXB
B.. _
Printed Name '
ATTEST:
By
Village Manager
4940-7015,J)87. , I
t 'S- 12137594 1 Q09900(1-3550; 9i6269G k, 1,39 MM
Title
Date:
VILLAGE E OF 0'A—&""W"mmwm&- mmom
Villaae President
Date: q / / -5/ / Le