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S-1623 - 09/14/2021 - ORDINANCE - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-GOLF-AG-S-1623 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LONG-TERM LEASE AGREEMENT FOR THE PROPERTY COMMONLY REFERRED TO AS CECIL SMITH FIELD #2, OAK BROOK, ILLINOIS 60523 BUTLER NATIONAL GOLF CLUB GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 14th day of September, 2021 ORDINANCE NO. 2021-GOLF-AG-S-1623 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LONG-TERM LEASE AGREEMENT FOR THE PROPERTY COMMONLY REFERRED TO AS CECIL SMITH FIELD #2, OAK BROOK, ILLINOIS 60523 BUTLER NATIONAL GOLF CLUB WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village") is an Illinois Municipal Corporation organized under and pursuant to the laws of the State of Illinois; WHEREAS, Section 2-3-8 of the Illinois Municipal Code provides the Village the authority to contract and be contracted with; WHEREAS, the Village presently owns title to real property within the Village boundaries and is interested in entering an agreement to lease said property; WHEREAS, the Village owns title to real property commonly referred to as Cecil Smith Field #2, and referred to in the Lease Agreement, a copy of which is attached hereto and made part hereof as Exhibit A, and is desirous of leasing said real property; WHEREAS, the parties hereto previously entered into a lease agreement for said property and have amended the lease agreement on several occasions and are now interested in extending the terms and conditions of the lease agreement as provided for herein for the use of the property as part of the golf practice area; WHEREAS, Butler National Golf Club and Pineoak Partners understand and agree that they will be sharing the leased premises for their respective uses; WHEREAS, pursuant to 65 ILCS 5/11-76-2 the Village may approve pursuant to ordinance the lease of any municipal owned real estate; WHEREAS, pursuant to 65 ILCS 5/11-76-2 the corporate authorities may authorize the lease of real estate for a term greater than two years but not more than ninety-nine years upon notice of intent to adopt such an ordinance; WHEREAS, the Village has published notice of its intent to enter into a lease agreement for the real estate referenced herein; and WHEREAS, in the opinion of the corporate authorities of the Oak Brook, it is in the best interests of the Village to lease the real estate referred to herein, for a term not to exceed ninety- nine years, pursuant to the terms and conditions of the lease agreement which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: 2 Section 1 — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section 2 —Approval of Lease Agreement The Corporate Authorities of the Village of Oak Brook hereby approve the Long-Term Lease for period greater than 2 years but less than 99 years for the real estate commonly referred to as the Cecil Smith Field#2. The Village hereby approves the extension of the Lease Agreement for a period not to exceed fifteen (15) years, substantially in the form attached hereto and made a part hereof as Exhibit A. Section 3—Authorization The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to the Lease Agreement, substantially in the form of such Lease Agreement which is attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Lease Agreement. Section 4 - Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Ordinance and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section 5 - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this Ordinance are hereby, in all respects, ratified, approved, authorized and confirmed. Section 6— Effective Date This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. The lease shall be fully executed within 14 days of its approval or this ordinance and the attached lease shall become null and void. Section 7 — Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. 3 Section 8—Conflict Clause That all ordinances, parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 9 — Saving Clause Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code. Section 10— Recording This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 14th day of September, 2021. Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: None Absent: None APPROVED THIS 14th day of September, 2021. _ Gopal G. Lalmalani Village President ATTEST:©F 0 Charlotte K. Pruss Village Clerk ':e M , �t cout, Y ,\ 4 Exhibit A Lease Agreement 5