S-1627 - 09/14/2021 - AGREEMENT - Ordinances Exhibits OAK BROOK POLO CLUB USE OF GOLF PRACTICE AREA EASEMENTS
THIS POLO USE OF GOLF PRACTICE AREA EASEMENTS ("Polo Amendment")
is made this the 14th day of September, 2021 , by and between the PINEOAK
PARTNERS, LLC d/b/a the Oak Brook Polo Club and OBPC ("OBPC"), and the VILLAGE
OF OAK BROOK, ILLINOIS, an Illinois municipal corporation ("Village"), in connection
with the Village's FOURTH AMENDMENT TO THE FOURTH MODIFICATION OF USE
OF GOLF PRACTICE AREA EASEMENTS ("Fourth Amendment") of even date between
the Village and BUTLER NATIONAL GOLF CLUB, an Illinois not-for-profit corporation
("BNGC").
RECITALS
WHEREAS, on or about February 3, 2021, the parties hereto entered into an
agreement, entitled License Agreement of Village of Oak Brook & Pineoak Partners LLC
(the "Prior Polo Agreement"), whereby OBPC was permitted to conduct polo matches on
the Village property commonly known as "Field 1";
WHEREAS, OBPC now wishes to move its polo matches and related uses to the
property commonly referred to as Cecil Smith Field #2 ("Field 2");
WHEREAS, BNGC also uses Field 2 as a golf practice range, and BNGC and
OBPC have agreed with the Village to share their use of Field 2 as set forth in this
Agreement and in the Fourth Amendment to the Fourth Modification of Use of Golf
Practice Area Easements ("BNGC's Fourth Modification");
WHEREAS, the Village and OBPC agree that certain terms and conditions of the
Prior Polo Agreement shall remain in effect and extend for the entire term of this
Agreement, to the extent set forth on Exhibit B hereto;
WHEREAS, the parties hereto have been extremely satisfied with the relationship
and are desirous of continuing the relationship by providing for the extension of the use
terms and conditions as set forth herein; and
WHEREAS, the parties now desire to harmonize the OBPC's use of Field 2 with
the use by BNGC pursuant to BNGC's Fourth Modification to extend its term for an
additional twelve years pursuant to thereof.
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. Costs and Expenses. After January 1 , 2022, OBPC shall pay all costs and
expenses pursuant to this Polo Amendment. Throughout the term hereof,
the OBPC will perform and allocate the cost of maintaining Field 2 together
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with BNGC with BNGC using part of Field 2 as a golf practice range during
times not allocated to polo matches, according to the terms set forth on
Exhibit A hereto. OBPC shall pay the Village the following sums for the
lease of the property for the following periods:
Period Payment
2022 $20,000.00
2023 Previous year + CPI-U
2024 Previous year + CPI-U
2025 Previous year + CPI-U
2026 Previous year + CPI-LI
2027 Previous year + CPI-U
2028 Previous year + CPI-U
2029 Previous year + CPI-U
2030 Previous year + CPI-U
2031 Previous year + CPI-U
2032 Previous year + CPI-U
2033 Previous year + CPI-U
Effective January 1, 2023, OBPC's payments to the Village shall be
adjusted each year by CPI-U. "CPI-U" shall mean, with respect to any calendar
year, an amount equal to the percentage increase, if any, in the Consumers Price
Index Consumer Price for All Urban Consumers (CPI-U), Chicago Average for the
period of January 1 to December 31 of the previous calendar year.
Payments shall be made on or before April 1st of each year. No other
payments (or percentage increases) shall be due to the Village during the
term of this Polo Amendment, except as otherwise provided herein.
B. Term. The term of this Polo Amendment shall commence on January 1,
2022 and continue until December 31, 2033, unless sooner terminated as
provided in Section I herein. The Prior Polo Agreement shall remain in effect
through December 31, 2021.
C. Additional Hold Harmless. In addition to any other obligation of OBPC to
hold the Village, its officers, agents and employees harmless, to defend and
indemnify, OBPC agrees to hold the Village, its officers, agents and
employees 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 use associated with OBPC's use
of Field 2.
D. Taxes. As of the Effective Date, the Subject Property is exempt from real
estate and other taxes by virtue of Village's status as a unit of local
government. The Parties agree to use reasonable efforts to cooperate to
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maintain such exemption. In the event the Subject Property is determined
to be subject to taxes as the result of this Agreement, either Party may
terminate this Agreement upon five (5) days prior written notice to the other
Party unless the OBPC and/or the BNGC agrees to pay the taxes assessed.
If OBPC agrees to pay such taxes, the OBPC shall assume all applicable
tax liability.
E. Compliance with Laws. Each Party shall give all notices, pay all fees, and
take all other action that may be necessary to ensure that their respective
duties under this Agreement are performed in accordance with all required
governmental permits, licenses, or other approvals and authorizations that
may be required in connection with said duties, and with all applicable
statutes, ordinances, rules, and regulations, including without limitation: the
Fair Labor Standards Act; any statutes regarding qualification to do
business; any statutes prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national origin, age, sex, or
other prohibited classification, including, without limitation, the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois
Human Rights Act, 775 ILCS 5/1-101 et seq. Each Party shall be solely
liable for any fines or civil penalties that are imposed by any governmental
or quasi-governmental agency or body that may arise out of or in connection
with that Party's, or its subcontractors', performance of, or failure to perform,
its duties hereunder, or any part thereof.
F. Insurance. OBPC shall name BNGC and the Village as additional named
insureds under all commercial liability and any other specialized coverages
of insurance policies required by the terms of Exhibit B hereto, and deliver
annually to BNGC and the Village evidence thereof.
G. Polo Dates. The Village and BNGC have separately documented their
understanding and agreement that OBPC will under this Polo Amendment
be granted a use agreement for Field 2 to accommodate polo matches on
ten (10) mutually agreeable Sunday dates between June 1 and September
30, with said use and operation limited to allowing non-exclusive access to
the perimeter of the premises on the Saturday afternoon before a Sunday
polo competition to accommodate field perimeter set up and any
maintenance responsibilities that are required of OBPC. Scheduling of all
Polo matches and coordination of seasonal division of use between OBPC
and BNGC shall be determined by friendly consultation between OBPC and
BNGC, subject to consultation with the Village, and acknowledging that the
Village has priority rights with respect to its annual Independence Day
celebration and Taste of Oak Brook. The parties understand and agree that
the Village may use Field 2 for other Village events, and the parties agree
to work together to accommodate such Village events, provided that such
Village events do not interfere with OBPC's previously-scheduled ten (10)
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polo dates in any given season or BNCG's previously scheduled events in
any given season.
H. Assignment. OBPC may assign its rights, and delegate its duties, under this
Agreement to the United States Polo Association and/or the United States
Polo Association's assignee(s) in writing, with the Village's prior written
consent, which consent shall not unreasonably be withheld.
I. Force Majeure and Termination.
1. Force Majeure. Neither OBPC nor the Village will be liable for any failure
or delay in performing an obligation under this Agreement that is due to
the following causes, to the extent beyond its reasonable control: acts
of God, accident, riots, war, terrorist acts, endemics, pandemics,
quarantine, natural catastrophes, government acts or omissions,
changes in laws or regulations, national strikes, fire, or explosion ("Force
Majeure Events"). In the event of a Force Majeure Event, then OBPC
may terminate this Agreement before the end of the Term by written
notice to the Village.
2. Earlier Termination Due to Breach. This Agreement may be terminated
by either Party in the event of the other Party's material breach of this
Agreement, provided that the breaching Party has failed to cure any
such breach within thirty (30) days after receiving written notice of same
from the non-breaching Party.
3. No Cause Termination. The Village may terminate this agreement at any
time with or without cause at its sole discretion upon 90 days written
notice to OBPC prior to the start of the polo season. The start of the polo
season shall be defined as the first scheduled game of the particular
season. Upon receipt of notice, OBPC may complete one full season
immediately following the notice.
4. Effect of Termination. Upon the effective date of any such termination,
OBPC shall be released from all of its remaining obligations under this
Agreement for the remainder of the Term, including, but not limited to,
further financial obligations to the Village and further planning and
execution of Polo matches. Upon such Termination, the Village's
obligations to OBPC under this Agreement shall also terminate,
including, but not limited to, OBPC's license to use the Proprietary
Marks, "OBPC" and "Oak Brook Polo Club."
J. Notices. All Notices and other communications given pursuant to this
Agreement shall be in writing and shall be deemed to have been duly given
or made as of (a) in the case of personal delivery, when actually delivered;
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requested, five(5)days after deposit in the mail; (d) in the case of transmittal
by facsimile, upon receipt by the sender of a printed confirmation of
successful transmittal; or(e) in the case of transmittal by email, upon receipt
by the sender of electronic confirmation of delivery of such transmittal. Each
Party's contact information for Notice purposes is set forth below
The Village: Village of Oak Brook
Attn: Village Manager
1200 Oak Brook Road
Oak Brook, IL 60523
OBPC: Pineoak Partners, LLC
875 N Michigan Ave., Suite 3805
Chicago, IL 60611
w/ a copy to Rolewick & Gutzke, P.C.
1776 S. Naperville Rd., Suite 104A
Wheaton, IL 60189
IN WITNESS WHEREOF, the Club and the Village have respectively executed
this Fourth Amendment to be effective as of the date first above written.
ATTEST: PINEOAK PARTNERS, LLC
By: -— By.
Printed Name. filo^,,-7 1 D,�, r-,L/- --
Title:
Date:
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ATTEST: VILLAGE OAK BROOK
By: By:
Via a ger Village President
Date: �'/ 8 L40
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Exhibit A
FIELD 2 MAINTENANCE RESPONSIBILITIES:
The Village shall have no Field 2 maintenance responsibilities except as otherwise set
forth herein pertaining to Village Events.
OBPC will continue work closely with the Village Golf Club Superintendent, currently Sean
Creed, to see that OBPC maintains Field 2 throughout the Polo season using the following
standards at the sole cost of OBPC (which OBPC can perform itself or through its third
party contractor):
• Use of a suitable grass seed mixture and careful maintenance
• Grass as mowed and kept at a height between 22-30 millimeters
• Avoidance and eradication of broad leafed, weed and clover patches as they
create a slippery surface, which is dangerous to horse and the safety of their
riders
• Repair and replace displaced divots caused by horses after matches
• Best efforts at eradication and replacement of burrowing activities where
moles, rabbits, or other pests inhabit as they cause huge problems to the
horses foothold
At OBPC's own cost and with the written permission of the Village, OBPC may undertake
additional efforts to improve and maintain Field 2 for polo use. The requests of OBPC
shall not be unreasonably refused. The requested improvements shall not interfere with
the use by Butler National Golf Club (BNGC)of the use of Field 2 as a driving range either
temporarily or permanently when polo is not being played.
In addition to the foregoing obligations, OBPC will be responsible for the following items
related to the improvement and further maintenance of Field 2, including, but not limited
to:
• Field irrigation, including the purchase, installation and upkeep of an irrigation
source (e.g. water wheel), and regular watering of the field before, during and after
the regular polo season.
• Any field re-grading and surface or turf repair following the removal of Field 2's
target greens
• Purchase, installation and upkeep of a water drainage system in an effort to
remove rainwater or excess irrigation from Field 2.
OBPC will meet with BNGC and the Village Golf Club Superintendent in advance of each
season to further discuss the above needs for the season and any planned field upgrades,
repair or enhancements. OBPC shall bear full and sole responsibility for all
determinations of the suitability and readiness of the field for play.
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BNGC will be responsible for maintaining its tee box on the north end of Field 2 as well
as the surrounding grounds outside the polo field's boards (e.g. out of bounds). This
includes, but is not limited to, the following standards:
• Use of a suitable grass seed mixture and careful maintenance
• Grass as mowed and kept at reasonable length for on-field spectator activities
• Avoidance and eradication of broad leaved, weed and clover patches
• Best efforts at eradication and replacement of burrowing activities where
moles, rabbits, or other pests inhabit as they cause huge problems to the
horses foothold
Notwithstanding any other provision contained herein, the Village shall, at its expense,
promptly repair, restore, replace, and rebuild any part of Field 2 that has been damaged
or destroyed during, or as a result of, the Village's annual Independence Day
celebration or any other Village event ("Village Event"). The Village shall restore Field 2
to its pre-Village Event condition, such that it is safe and ready for the next polo game
(typically scheduled for the following weekend). Restoration may include, but is not
limited to, re-sodding groves where tents and activities took place, aeration, temporary
irrigation, watering of the grounds, and the replanting of any shrubs and other
vegetation that was removed or damaged during the Village Event or for the Village
Event. Additionally, the Village shall not permit any musical acts to perform, or stages to
be set up, in the area of Field 2 where polo matches are played. In the event that the
Village fails to restore Field 2 to its pre-Village Event condition as set forth herein within
72 hours after the Village Event, then OBPC may elect to restore Filed #2, at OBPC's
own expense, in which case the Village shall reimburse OBPC for the cost of such
restoration within ten (10) days of the Village's receipt of a request for such
reimbursement with the underlying invoices and receipts.
The Village agrees that it will not use OBPC's polo infrastructure, including, but not
limited to, restrooms, grandstands, tents, fixtures, and equipment for Village Events
without a written agreement from OBPC.
FIELD #2 MAINTENANCE MAP
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y
Blue Shaded Area: BNGC shall be required to maintain all of the fields, however
should an agreement be entered into with OBPC responsibilities shall be divided as
defined herein
Yellow Shaded Area: If the parties enter into a lease agreement with OBPC, OBPC
shall assume the Field Maintenance for this area.
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Exhibit B
1. POLO DATES
The Village agrees to allow the OBPC to execute, promote and manage ten (10)
Sunday polo events each year for the Term of the Agreement (i.e., through 2033) at
Field 2.
The dates for the 2022 polo season are:
• June 26, 2022
• July 17, 2022
• July 24, 2022
• July 31, 2022
• August 14, 2022
• August 21 , 2022
• August 28, 2022
• September 11, 2022
• September 18, 2022
• September 25, 2022
Scheduling of post-2022 Polo matches, rescheduling of 2022 Polo matches, and
other coordination of seasonal division of use of Field 2 between OBPC and the
BNGC shall be determined by friendly consultation between OBPC, the BNGC, and
the Village. If any agreed-upon Polo date is canceled, the Village, the BNGC, and
OBPC agree to work together to reschedule canceled events, subject to feasibility
and availability. The parties understand and agree that the Village shall have
absolute priority over any scheduling to accommodate any Village events.
The OBPC's most important responsibility is to ensure the safety of all polo players
and horses on the field. Polo events will generally go forward with light rain and wind
conditions. However, in the event of threatening weather, or adverse field conditions
due to heavy rain, the OBPC reserves the right to:
• Cancel match and re-schedule to one of the other rain dates or interrupt and
suspend games as necessary; matches that are continued from the point of
interruption may be subject to modified rules if they resume, as circumstances
warrant
• Reduce match times in order to catch up with tournament schedules and
daylight
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• Finish or end matches before inclement weather arrives or to preserve field
conditions; matches will be deemed official at the point of termination
regardless of actual duration
Attendees will be notified of an event cancelation or delay no later than 12:30 PM on
the scheduled event date via multiple communications channels (e.g., email, website,
social media and press announcements.)
2. APPOINTMENT OF VILLAGE LIAISON
A Village representative will be appointed by the Village President, at his discretion in
writing, and shall serve as a liaison with the management of OBPC, and any advisory
committee that OBPC should put in place. OBPC shall provide to the Village Liaison
such reasonable information as the Village Liaison shall require to understand the
manner in which the planning, marketing, and hosting of each polo season will take
place. Such information will be communicated to the Village Liaison on a timely basis,
and where problems occur or new issues arise regarding the manner in which OBPC
event will be carried out, such information will be shared with the Village Liaison as
quickly as possible, after it becomes apparent that the operation of the polo season
will be affected. The Village Liaison may be a board trustee, village employee, and/or
resident.
The Village Liaison's activities may at the Liaison's discretion include:
• Serving as the liaison between OBPC and the Village for marketing support
and the availability of event resources such as power, custodial, security, and
medical services
• Representing Village interests and communicating them to OBPC
OBPC and the Village understand that the Village liaison has no authority over Polo
operations.
3. GRANT OF CONDITIONAL, NON-EXCLUSIVE LICENSE
Currently, the Village owns the rights to the "Oak Brook Polo Club" name (including
the acronym "OBPC"), insignia, and related images and graphics (the "Proprietary
Marks"). The Village grants a limited and non-exclusive license of the Proprietary
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Marks to OBPC, provided the OBPC observes Village guidelines for how, when, and
where the name is used.
The Village agrees to allow the OBPC and its sublicensees, for only the term of this
Agreement, to use the Proprietary Marks in the following ways:
• Player/Team apparel, equestrian apparel, and associated field side
equipment in support of the polo match event
• PR and communications activities (e.g., media inquiries, press
announcements, interviews, etc.)
• Advertising, including print, radio, television, online, and out-of-home (OOH)
media
• Club branding and graphics displayed on controlled platforms, including
website, social media, mobiles apps, onsite / venue signage. Other specific
uses must be approved by the Village Manager in writing.
• Club merchandise for promotional sale, to promote OBPC, the polo matches,
and the Village, including jerseys, polo shirts, t-shirts, hats, memorabilia, etc.
• Event broadcasting utilizing television, radio and digital channels
OBPC agrees that it will not knowingly utilize the Proprietary Marks in a manner that
is detrimental to the Village, Board of Trustees, or residents. OBPC also agrees that
it will not change the Club's name, insignia or colors without notification and/or written
approval by the Village. In the event that the Village Manager believes that the OBPC
is exercising rights not granted, the Village Manager may in writing restrict the right of
the OBPC to use such rights as are found to be excessive or improper. The Village
Board may choose to also exercise this power.
OBPC understands and agrees that its licensed use of the Proprietary Marks pursuant
to this Agreement does not give OBPC any ownership interest or other interest, except
the non-exclusive right and license herein granted, in and/or to the Proprietary Marks;
that any and all goodwill associated with the licensed Proprietary Marks inures
exclusively to Village's benefit; and that, upon expiration or termination of this
Agreement and the license granted in this Agreement, no monetary amount shall be
assigned as attributable to any goodwill associated with OBPC's use of the Proprietary
Marks.
OBPC acknowledges that its right and license to use the Proprietary Marks is limited
to the scope of the non-exclusive license granted in this Agreement and that any
unauthorized use of the Proprietary Marks including, but not limited to, use of the
Proprietary Marks in connection with the provision of any other services other than in
this Agreement, along with all other agreements in place between OBPC and Village
shall constitute an infringement of the Proprietary Marks and of the Village's rights
relating to the Proprietary Marks. Accordingly, OBPC agrees not to use the Proprietary
Marks for any services except as expressly authorized in this Agreement and not to
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commit or aid in committing any act of infringement or misuse of the Proprietary Marks,
either during or after the term of this Agreement.
OBPC shall not, without Village's prior written consent, hold out or otherwise employ
the Proprietary Marks to perform any activity, or to incur any obligation or
indebtedness except as provided herein, in a manner as could reasonably result in
making Village being held liable for such activity, obligation or indebtedness.
OBPC expressly acknowledges and agrees that the license of the Proprietary Marks
is non-exclusive, and that Village has and retains the rights, among others:
• To grant other licenses for the Proprietary Marks, in addition to those licenses
already granted to existing licensees:
• To use the Proprietary Marks in connection with the sale of services, goods
and products manufactured or distributed for the Village at wholesale or retail;
• To participate in the development and establishment of programs or systems
for the Proprietary Marks, or any other Proprietary Marks, and to grant licenses
for other programs, systems and proprietary marks without providing OBPC
any right to such other programs, systems or proprietary marks.
OBPC understands and acknowledges the importance of maintaining high and
uniform standards of quality and service to protect and enhance the reputation and
goodwill of Village. OBPC accordingly agrees:
• To refrain from using any of the Proprietary Marks in conjunction with any other
word or symbol without Village's prior written consent, except as expressly
permitted in this Agreement.
• To adopt and use the licensed Proprietary Marks solely in the manner
prescribed by Village.
• To observe all such requirements with respect to service mark, trademark and
copyright notices, fictitious name registrations, and the display of the legal
name or other identification of OBPC as Village may direct in writing from time
to time.
• To use, promote and offer for sale under the Proprietary Marks only those
services which are licensed under this Agreement or otherwise approved in
writing by Village
• To execute all documents requested by Village or its counsel that are
necessary to obtain protection for the Proprietary Marks or to maintain their
continued validity or enforceability.
OBPC shall operate the Oak Brook Polo Club using only the Proprietary Marks or such
other names or marks as shall be designated in writing by Village, and shall
prominently display such names or marks on all forms, stationery, equipment, vehicles
and other materials used in connection with the Licensed Business. OBPC shall
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obtain such fictitious name registrations as may be required by Village or by applicable
law. However, OBPC shall not use the name "Oak Brook" or any of the Proprietary
Marks as part of the corporate name or other legal name of OBPC's business entity,
without Village's prior written approval. OBPC agrees that all forms and stationery
shall prominently include the phrase, "An independent business licensed by the
Village of Oak Brook."
4. TERM OF AGREEMENT, VILLAGE SPONSORSHIP & CLUB NAMING RIGHTS
OBPC is granted the right to utilize the names "Oak Brook Polo Club" and "OBPC"
through December 31, 2033. OBPC is also permitted use of the Proprietary Marks (In
addition to the permitted uses of the Proprietary Marks described in Section 3 of this
Agreement) for appropriate signage and display of the Village name on game day at
the entrance to the property on which the match is being held, as well as at the polo
field itself. The OBPC may advertise that the polo season is taking place at the OBPC.
5. VILLAGE RIGHTS & BENEFITS
• Rights to distribute branded giveaways and literature to attendees in approved
areas
• Rights to announcements during matches to highlight Village support, promote
other Village events, and support the Oak Brook home polo team
• Opportunity, on appropriate occasions, to participate in event and trophy
presentation ceremonies
• One-page, four-color advertisement in Oak Brook Polo's event program/magazine
at no cost to the Village.
• Any press release announcing partnership with the OBPC, upon agreement and
execution
• Opportunity to purchase discounted Club and lawn seating tickets; quantity and
discount to be determined by OBPC, at is discretion.
6. PROMOTIONAL SUPPORT
The Village, at its reasonable discretion and option, facilitated by the designated
representative serving as Village Liaison, will provide the OBPC with promotional
support through Village-controlled marketing and communications channels directed
towards residents, businesses, and visitors to Oak Brook, including:
• Website(s): oak-brook.org, obparks.org, experienceoakbrook.com, etc.
• Printed and/or digital newsletters
• Social media channels
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• E-communications
• Experiential and promotional opportunities at Village events, including Taste of
Oak Brook
The OBPC is responsible for providing promotional creative and content for use and
display on the above Village marketing and communications channels. The rights
granted to the Village Manager and Village Board in Section 4 shall also apply here.
7. UTILIZING VILLAGE RESOURCES
Facilitated by the Village Liaison, the Village will provide access to existing resources
that can support OBPC's event operations. OBPC will coordinate with the Village
Liaison to ensure that requested resources are delivered successfully. Village
resources include support that is normally available at the Golf Course site. These
resources may include:
• Traffic management
• Onsite security and medical (EMT) services
• Golf carts and utility vehicles for field site transportation of support staff and guest
VIPs (this does not include transportation from offsite parking to the field)
• Event staff parking
OBPC will be responsible for the cost of such services as reasonably determined by
the Village. The Village also reserves the right to require OBPC to contract for any of
such services from a third-party vendor. Reasonable notice will be given by the OBPC
regarding utilization of these resources and services. The parties shall endeavor to
reach an agreed upon dollar amount with each resource and service provided. The
Village shall have the right to select dollar amounts that will allow the Village to recoup
all costs associated with the provision of each service it chooses to offer. Once
agreed, the Village shall provide these resources and services. Should the Village
find itself unable to provide certain resources and services for a particular polo match
at prices and numbers of personnel mutually agreed to in prior negotiations, sufficient
advance notice of at least seven (7) days will be provided to the OBPC to allow
alternative arrangements to be made, as these facilities are absolutely essential for a
polo match to be played. Invoices for the above resources and services will be sent
by the Village to OBPC for payment; and payment shall be made within fourteen (14)
days after the date of invoice.
8. PUBLIC PARKING ARRANGEMENTS
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Parking for the general spectator public (Club guests, lawn seating guests, and
sponsor/special event guests) will be on Village property to the extent available as
determined by the Village in its sole discretion. If there is insufficient Village parking,
then OBPC shall secure off-site parking at Christ Church or a similar or suitable
locations through an agreement between ownership of the Church or other property
owner and OBPC. The Village agrees to cooperate with OBPC to establish temporary
marked pathways for pedestrians to get to and from designated parking areas to Field
2 for Polo matches, provided that such pathways do not interfere with the Village's
Sports Core activities. OBPC is responsible for setting up and dismantling the markers
for such pathways.
9. FOOD TRUCKS
The Village will permit OBPC to contract with licensed food trucks to operate and sell
food and non-alcoholic beverages to event spectators at each of the scheduled
events. In order for them to operate, each food truck must provide proof to OBPC that
they are licensed to operate and sell in Illinois and Oak Brook and have certificates of
insurance. In addition, food trucks must also comply with applicable fire and safety
laws and regulations.
10. INSURANCE
OBPC will secure an insurance provider that specializes in insurance for equestrian
events, including policies tailored for polo events, as recommended by the United
States Polo Association (USPA). A copy of the insurance policy/ies will be provided
to the Village. In addition, if not otherwise included in the insurer policy, the OBPC
shall purchase general liability insurance to cover its activities in this Agreement from
a company and in a policy form approved by the Village in an amount of not less than
$7,000,000. That policy shall name the Village as an additional insured. That policy
shall remain in force during the term of this Agreement and offer coverage on an
occurrence basis. All insurance provided must contain a provision that its coverage
will not be cancelled, reduced or amended without 30 days' written notice to the
Village, at its municipal hall address. No polo may be played without all required
insurance in force and it shall not be a breach of this Agreement for the Village to
close, Field 2 to the OBPC, its participants or spectators until the.required insurance
policy is in place and adequate written evidence of the correct, in-place insurance is
provided to Village.
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