R-1152 - 02/14/2012 - SPORTS CORE - ResolutionsRESOLUTION 2012- SC -AG -R -1152
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ECLIPSE SELECT SOCCER CLUB, INC.
TO ALLOW THE USE OF A SPORTS CORE SOCCER FIELD
WHEREAS, Eclipse Select Soccer Club, Inc. ( "Eclipse ") has requested to use Field 3 located
within the Village's Sports Core ( "Field 3") to host a youth soccer tournament from April 27, 2012 through
April 29, 2012 in return for paying the Village a license fee; and
WHEREAS, Eclipse has used the soccer fields located within the Village's Sports Core in the past
without incident; and
WHEREAS, the Village and Eclipse desire to enter into and execute an agreement allowing
Eclipse to use Field 3 for the soccer tournament ( "Agreement"); and
WHEREAS, the Village supports youth participation in safe and supervised athletic activities
within the Village; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in a final form as approved by the Village Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
'Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and Eclipse in substantially the same form as
attached as Exhibit A and in a final form approved by the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
RESOLUTION 2012 - SLAG -R -1152
APPROVED THIS 141h day of February, 2012
Gopal G LaMalz
Village President
PASSED THIS 14th day of February, 2012
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
None
Charlotte K. Pruss
Village Clerk
Eclipse Soccer Club Agmt.
i
#10691558_v2
Exhibit A
RESOLUTION 2012- SC -AG -R -1152
Eclipse Soccer Club Agmt.
LICENSE AGREEMENT BETWEEN
TBE VILLAGE OF OAK BROOK, DU PAGE COUNTY, ILLINOIS,
A Municipal Corporation
and
ECLIPSE SELECT SOCCER CLUB, INC.
(All of FIELD 3 OF SPORTS CORE)
TWS AGREEMENT, (hereinafter referred to as the "Agreement ") entered into as of this _J& day of
201`, by and between the Village of Oak Brook, Cook and DuPage Counties, Illinois, a
municipal corporation (hereinafter referred to as the "VILLAGE "), and Eclipse Select Soccer Club,
Inc. (hereinafter referred to as "Eclipse ").
WITNESSETH:
WHEREAS, the VILLAGE is the owner of certain real estate in the Village of Oak Brook,
commonly known as the Sports Core; and
WHEREAS, Eclipse wishes to use Field 3 in the Sports Core for a youth soccer
tournament; and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois specifically
authorizes units of local government to contract and otherwise associate with individuals,
associations and corporations in any manner not prohibited by law or ordinance;
NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual
covenants and agreements herein contained, it is hereby mutually covenanted and agreed by the
parties hereto, as follows:
I
UTILIZATION AND MAINTENANCE OF PROPERTY
The VILLAGE agrees to license Eclipse to a non - exclusive use to Field 3 as approved by
the Oak Brook Sports Core Director on April 27, April 28, and April 29, 2012 for Youth Soccer
Tournaments as outlined herein and subject to the terms and conditions of this Agreement.
SPECIAL ANCILLARY USE:
ECLIPSE SELECT SPRING CLASSIC SOCCER TOURNAMENT
This license shall also allow the use of Oak Brook Sports Core Field 3 for the ECLIPSE
SELECT SPRING CLASSIC SOCCER TOURNAMENT to be held Friday- Sunday, April 27
through April 29, 2012. For said use, Eclipse shall fully comply with the following provisions:
1. All provisions of this agreement shall be in force and fully complied with by ECLIPSE
during said Special Ancillary Use.
2. The terms of Section VI, INSURANCE, shall apply with a certificate of coverage for the
specific event affirming the required insurance coverage's specified under Section VI and
naming the Village of Oak Brook as a certificate holder and additional insured. ECLIPSE
shall be responsible to secure the same insurance coverage requirements with any
contractor or subcontractor retained by the ECLIPSE for this ancillary use.
3. The terms of Section III, INDENMIFICATION, shall apply for said ancillary use.
4. ECLIPSE shall pay to the Village a Special Ancillary Use fee of $2,500.00 for the events.
($1,000.00 per day for the first two (or three) days of the event and $500.00 for the last
day).
5. ECLIPSE shall be responsible to fully restore Field 3 to its prior condition by 12:00 p.m. on
Monday, April 30, 2012 including the removal of all equipment, removal and or cleaning
service of all portable toilet facilities; removal of field equipment and spectator provisions,
and trash. Should any equipment or debris remain on the field after 12:00 p.m. on April 30,
2012, an additional daily fee charge of $1,000.00 shall be paid to the Village of Oak Brook
per day until the equipment and debris is removed and the field fully restored.
6. ECLIPSE shall post a cash bond with the Village of Oak Brook in the amount of $1,500.00
as a maintenance and clean-up bond by April 16, 2012. Following the tournaments, said
clean-up bond will be refunded (within seven days) upon the satisfactory review of the field
by the Director of the Sports Core.
7. ECLIPSE, if determined necessary by the Village, shall provide traffic and parking control
which may include reimbursement to the Village for police in accordance with the Village
of Oak Brook special duty pay for Police Officers as established for 2012. The Eclipse shall
provide all necessary temporary directional signs for regulating parking and traffic control
as directed and approved by the VILLAGE.
8. No admission fees or ticket sales, sponsorship revenues and any and all other revenue of
any kind and nature, other than might be excepted from this provision, otherwise in this
Agreement, shall be collected unless separately agreed to by the VILLAGE.
II
INSURANCE
ECLIPSE shall at all times carry liability and property damage insurance at levels required
by the VILLAGE (including $2,000,000 of general aggregate liability), naming the VILLAGE as an
additional insured. All such policies shall contain a waiver of the contractual liability exclusion, if
any, contained in such policies. By March 15, 2012 prior to the beginning of the season, ECLIPSE
shall provide the VILLAGE with a certificate of the aforesaid insurance for the VILLAGE'S
approval prior to the beginning of the season. If the types of insurance coverages, amounts of
coverage or carriers are not approved by the VILLAGE, this Agreement will automatically
terminate.
The insurance required herein may not be canceled until a thirty (30) day prior notice is
given the VILLAGE or until the termination of this Agreement. Cancellation or lapse of the
insurance required shall result in the termination of ECLIPSE' rights under this Agreement to utilize
the Sports Core property.
III
INDEMNITY
To the fullest extent permitted by law, ECLIPSE hereby agrees to defend, indemnify and
hold harmless the VILLAGE, its officials, agents, employees and volunteers against all injuries,
deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which
may be brought against the VILLAGE, its officials, agents, employees and volunteers, arising in
whole or in part or in consequence or occurring in conjunction with or as a result of Field 3 for
soccer practices and games, parking of automobiles and other activities related to the conduct of
soccer practices and games under this License, except that arising out of the negligence or willful
conduct of the VILLAGE, its agents or employees. ECLIPSE shall, at its own expense, appear,
defend and pay all charges of attorneys and all costs and other expenses arising therefore or
incurred in connections therewith, and, if any judgment shall be rendered against the VILLAGE, its
officials, agents, employees and volunteers, in any such action, ECLIPSE shall, at its own expense,
satisfy and discharge the same.
ECLIPSE expressly understands and agrees that any insurance policies required by
Paragraph V hereinabove, or otherwise provided by ECLIPSE, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the VILLAGE, its officials, agents,
employees and volunteers as herein provided.
The VILLAGE agrees to hold ECLIPSE harmless and indemnify same, its agents and
employees from any claim, demand or cost of an injured thud party not covered by the aforesaid
insurance, arising as a result of the VILLAGE'S negligent or willful act or failure to act with regard
to its duties and obligation of this Agreement.
IV
DEFAULT
In addition to those matters set forth herein as a basis for termination of this Agreement, it
is agreed that if ECLIPSE:
A) Fails to make any required payments hereunder with the time frame set forth herein; or
B) Fails to provide the required certificate of insurance and additional insured endorsement
prior to the event; or
C) Is a parry to a proceeding commenced to declare it or any guarantor of this Agreement
bankrupt, or insolvent or to obtain relief under any chapter or provision of any
bankruptcy or debt or relief law or act to reduce or modify ECLIPSE' debts or
obligations or to delay or to extend the payment thereof, or if any assignment of the
ECLIPSE or any guarantor's property is made for the benefit of creditors or receiver or
trustee and such proceeding is not dismissed within thirty (30) days of its filing; or
D) Violates any of the provisions of VILLAGE'S ordinances or laws of the State of
Illinois; or
E) Use of that portion of Field 3 for an unauthorized activity.
VILLAGE may treat the occurrence of one or more of the foregoing events as a breach of
this Agreement, and thereupon at its option and without further notice or demand of any kind to
ECLIPSE or guarantor, shall have the right to terminate this Agreement and to repossess the
property or terminate ECLIPSE's right to possession without termination of this Agreement, in
which event ECLIPSE agrees to surrender possession and vacate the premises immediately and
deliver possession thereof to VILLAGE. ECLIPSE expressly waives the service of notice of any
election made by VILLAGE under this paragraph.
0
TERM OF AGREEMENT
This Agreement shall be for a period commencing on Friday, April 27, 2012 for those days
listed on the attached schedule of game days, practices days, and special ancillary use days and
terminating on Monday, April 30, 2012 at 12:OOpm. Proof of Insurance must be provided in full by
March 15, 2012.
IN WrFNESS WHEREOF, the parties have caused this Agreement to be executed by the proper
officer of each parry on the date above first written.
Eclipse Select Soccer Club, Inc.:
By:
Title:
PEGS
ATTEST:
Secretary
VILLAGE OF OAK BROOK,
A municipal corporation,
ATTEST:
By:
/v
Village Clerk