S-1640 - 01/25/2022 - AGREEMENT - Ordinances Supporting Documents LEASE AGREEMENT
This Lease Agreement ("Agreement") is made this,ZJ day of a,-4 a1 2022,
by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation (hereinafter
referred to as the "Landlord" or "Village") and Premier Athletic Management, an Illinois
C (pM[ka'� (hereinafter referred to as "Tenant").
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, the Village has previously entered into a separate agreement with Premier
Athletic Management for the use of the Village's soccer fields by various soccer programs;
WHEREAS, the Tenant has expressed an interest to utilize the Subject Property in order
to store its equipment along with other essentials necessary to implement and manage the
soccer programs;
WHEREAS, Tenant desires to occupy portions of the Subject Property for the use and
benefit of the Tenant and to specifically manage the operations of the Sports Core Athletic
Fields; and
WHEREAS, the Parties hereto desire to enter into a 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
commencing February 1, 2022 and ending December 31, 2026.
3. Tenant covenants and agrees to pay Landlord as rent for the Subject Property
an amount of one thousand dollars ($1,000.00)per month throughout 2022, one thousand
five hundred dollars ($1,500.00) per month throughout 2023, one thousand seven
hundred fifty dollars ($1,750.00) per month throughout 2024, and two thousand five
hundred dollars ($2,500.00) per month throughout 2025 and 2026, 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 February 1, 2022, less ordinary
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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.
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. 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.
6. 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.
7. 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.
8. 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 one hundred
eighty(180)days prior to the effective date of termination ("Termination for Convenience").
9. 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 two hundred percent (200%) of the Rent (on a pro-rated daily basis) according to
Landlord's then current rate schedule for prospective tenants in the Premises.
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10. All notices, demands, and requests will be in writing, and will be effectively
served by forwarding such notice,demand,orrequest by certified orregistered mail,
postage prepaid, or by commercial overnight courier service addressed as follows:
(a) If addressed to Tenant:
Premier Athletic Management
700 Oak Brook Rd Suite A
Oak Brook, IL 60523
Attn: General Manager
(b) If addressed to Landlord:
Village of Oak Brook
1200 Oak Brook Rd.
Oak Brook, IL 60523
Attn: Village Manager
10. 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.
11. Tenant agrees to comply with all local ordinances, rules, and regulations of
Landlord in connection with its use of the leased property.
12. This Lease is governed by, and must be interpreted under, the internal laws of
the State of Illinois.
13. Should at any point during the term of this Agreement a determination be made
that the subject property, for any reason, be deemed to be issued a real estate tax
bill, Tenant hereby agrees to pay said amount in addition to any rents due
hereunder. Tenant shall be said bill within 15 days of notice of said real estate tax
bill.
14. 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
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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.
15. This Agreement may be signed by the Parties in counterparts and shall be as
binding as if signed together. Facsimile copies of the signed counterparts shall be
deemed to be authentic and valid as an original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in counterparts on the date first written above by their duly authorized representatives.
VILLAGE OF OAK BROOK PREMIER ATHLETIC MANAGEMENT
Village President
Its:
ATTEST:
B y :-a4jV-YP& Al
Village Clerk
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