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R-1921 - 01/12/2021 - GOLF - Resolutions Supporting Documents 0 REVIEW OF CONTRACTS Awarding A ency: ype of Contact: t) �-C- r Departent: Program/Account Number: o` Arded Contract Price: Amount: (� boo. Dorf. oa ❑ Under$20,000 ❑ $500,001 -$1,000,000 $20,000-$500,000 ❑ Over$1,000,000 LZ aSo- rnn���� �, c l P=,p_ Bele GJU�-r' Lll�:b��nr,• Name: ,C Date: `a 1 Z Name: Date: Name: Date: Name: Date: 2 ICS pZp Three (3)Originals signed by other party Date/Initials I k� Original provided to staff member for other party Date/Initials 1 ` P—IS 1 [[[ Original provided to Official Files Date/Initialsl Village of Oak Brook I Approved by Board of Trustees-Date/Initials: LEASE AGREEMENT THIS AGREEMENT, entered into this 3 day of CA 2021 by and between the VILLAGE OF OAK BROOK (hereinafter referred to as t e `Landlord or Village"), an Illinois unit of local government and the ECLIPSE SELECT SOCCER CLUB, INC., (hereinafter referred to as "Tenant'), an Illinois Corporation (each individually a "Party" and collectively the"Parties"). RECITALS WHEREAS,the Village presently owns or controls a certain parcel of real estate improved with an office building, commonly known as 700 Oak Brook Road, Oak Brook, Illinois 60523 (hereinafter referred to as the"Subject Property"); WHEREAS, Tenant desires to occupy portions of the Subject Property for the use and benefit of the Tenant and to specifically operate its soccer club; and WHEREAS,the Parties hereto desire to enter into a short-term lease agreement for the use of the Subject Property defined herein. NOW,THEREFORE,in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. The Parties agree that the recitals are hereby fully incorporated into this Agreement as if set forth in their entirety in this Section 1, and all covenants, terms, conditions, and provisions of this Agreement shall be construed, interpreted, and enforced in accordance therewith. 2. Tenant shall have and hold portions of the Subject property for a term of twelve (12) months commencing January 1, 2021 and ending December 31, 2021. 3. Tenant covenants and agrees to pay Landlord as rent for the Subject Property during the term of this Lease an amount of two thousand five-hundred dollars($2,500.00)per month, to be paid on the first day of each month. 4. Tenant shall be allowed access to the leased property over any and all roads or easements now serving the property. Tenant shall have the exclusive use of the entire building space and existing furniture as is, Tenant shall be required to return the premises to the Village in the same condition as it was leased on January 1, 2021, less ordinary wear and tear. Tenant will be responsible for phone, internet, building cleaning, installation and maintenance of ice machine, washer, and dryer if so desired. Landlord will be responsible for water, sewer, electric, heating, cooling and normal building maintenance. Tenant will also be allowed non-exclusive use of a golf cart to be stored in the basement. 5. Tenant shall be required to carry liability insurance as well as any other insurance policies so required by the Village all in amounts acceptable to the Village. 6. To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless the Village, its board of trustees, individual board members, its elected and appointed officers, officials, employees, administrators, volunteers and agents (collectively, the "Indemnitees"), from and against any and all claims, damages, losses and expenses, including but not limited to legal fees (attorneys' and paralegals' fees and court costs), incurred by any of the Indemnitees for injuries to persons or for damage, destruction or theft of property arising out of or resulting from any activity, act or omission of the Tenant, or of any employee, agent, affiliate, vendor, co-sponsor, invitee, contractor, or volunteer of the Tenant but only to the extent caused in whole or in part by any wrongful or negligent act or omission of the Indemnitor. Similarly, the Tenant shall indemnify, defend and hold harmless the Indemnitees from and against any and all claims, damages, losses and expenses, including but not limited to legal fees (attorneys' and paralegals' fees and court costs), incurred by any of the Indemnitees by reason of the Tenant's breach of any of its obligations under this Agreement. 7. Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver of the rights, privileges, defenses, and immunities provided or available to the Village under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties. 8. The Village shall not have any responsibility whatsoever for supervising the Tenant's activities, or supervising the other Tenant's employees, agents, volunteers, invitees, or affiliates. Each Tenant acknowledges and assumes complete responsibility for its employees, agents or volunteers used to supervise any activities hereunder. 9. This Agreement may be terminated for any reason within the terminating Party's sole discretion,by providing written notice to the other Party at least sixty(60)days prior to the effective date of termination("Termination for Convenience"). 10. In the event Tenant remains in possession of the Premises after expiration of this Lease, and without the execution of a new lease,but with Landlord's written consent,Tenant will be deemed to be occupying the Premises as a tenant from month to month, subject to all the provisions, conditions, and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy; provided, however, that the monthly Rent will be escalated to an amount set by Landlord at Landlord's sole discretion. In the event Tenant remains in possession of the Premises after expiration of this Lease, without the execution of a new lease and without Landlord's written consent, Tenant will be deemed to be occupying the Premises without claim of right, and Tenant will pay Landlord for all costs arising out of loss or liability resulting from delay by Tenant in so surrendering the Premises as above provided and will pay as a charge for each day of occupancy, an amount equal to [125] percent (One Hundred Twenty Five percent) of the Rent (on a pro-rated daily basis) according to Landlord's then current rate schedule for prospective tenants in the Premises. 11. All notices, demands, and requests will be in writing, and will be effectively served by forwarding such notice,demand,or request by certified or registered mail,postage prepaid, or by commercial overnight courier service addressed as follows: (a) If addressed to Tenant: Eclipse Select Soccer Club, Inc. 700 Oak Brook Rd. Oak Brook, Illinois 60521 Attn: Lou Reina (b) If addressed to Landlord: Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, IL 60523 Attn: Village Manager 12. Tenant will not use the Premises or permit anything to be done in or about the Premises that will, in any way, conflict with any law, statute, ordinance, or governmental rule or regulation now in force or that may hereafter be enacted or promulgated. Tenant will, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules and regulations now in force or that may hereafter be in force, and with the requirements of any fire insurance underwriters or other similar body now or hereafter constituted relating to or affecting the condition,use,or occupancy of the Premises.Tenant will use the Premises and comply with any recorded covenants, conditions, and restrictions affecting the Premises as of the commencement of the Lease or that are recorded during the Term. 13. Tenant agrees to comply with all local ordinances, rules, and regulations of Landlord in connection with its use of the leased property. 14. This Lease is governed by, and must be interpreted under, the internal laws of the State of Illinois. 15. This Lease can only be modified or amended by an agreement in writing signed by the parties hereto. No receipt of money by Landlord from Tenant or any other person after termination of this Lease or after the service of any notice or after the commencement of any suit or after final judgment for possession of the Premises will reinstate, continue, or extend the Term or affect any such notice, demand, or suit,or imply consent for any action for which Landlord's consent is required, unless specifically agreed to in writing by Landlord. Any amounts received by Landlord may be allocated to any specific amounts due from Tenant to Landlord as Landlord determines. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date as set forth above. VILLAGE OF OAK BR ATTEST: By: ECLIPSE SELECT SOCCER CLUB, ATTEST: INC. / By.