R-1533 - 02/09/2016 - SPORTS CORE - Resolutions Supporting Documents (2) ITEM 6.C.2)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R K BUTLER GOVERNMENT CENTER
c92. 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
FEBRUARY 9, 2016
SUBJECT: Sports Core Field 3 Usage- Oak Brook Soccer Club Tournament
FROM: Sean Creed Golf Club Manager/Superintendent fG
BUDGET SOURCE/BUDGET IMPACT: 816- Open Fields ($5250)
RECOMMENDED MOTION: I move that the Village Board approve resolution
R-1533 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND
OAK BROOK SOCCER CLUB (OBSC) TO ALLOW THE USE OF ALL SPORTS
CORE SOCCER FIELDS
Background/History:
The Sports Core has historically been a venue for a spring soccer tournaments. The Oak
Brook Soccer Club has approached us about hosting a summer tournament. The summer
months are typically slow for soccer rental. We are very pleased to have them this year.
The dates requested for the event are Friday,August 26, 2016 through Sunday, August
28,2016. The Oak Brook Soccer Club is the largest user of the Sports Core's soccer
fields without incident.
Recommendation:
Staff recommends that the Village Board approve this resolution and usage agreement
with Oak Brook Soccer Club be approved
BOT AGENDA Page 1 ��
RESOLUTION 2016-SC-AG-EX-R-1533
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND OAK BROOK SOCCER CLUB, INC. TO
ALLOW THE USE OF A SPORTS CORE SOCCER FIELD
WHEREAS, Oak Brook Soccer Club, Inc. ("OBSC'l has requested to use Field 3 located within
the Village's Sports Core ("Field 3') to host a youth soccer tournament from August 26, 2016 through
August 28, 2016 in return for paying the Village a license fee; and
WHEREAS, OBSC has used the soccer fields located within the Village's Sports Core in the past
without incident;and
WHEREAS, the Village and OBSC desire to enter into and execute an agreement allowing OBSC
to use Field 3 for the soccer tournament("Agreement'j; 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 OBSC in substantially the same form as attached
as Exhibit A.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the Agreement in substantially the same form as
attached hereto as Exhibit A after receipt of the final Agreement fully executed by OBSC.
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 2016-SC-AG-EX-R-1533
Agmt.w/Oak Brook Soccer Club,Inc.
Page 2 of 3
APPROVED THIS 9th day of February, 2016
Gopal G. Lalmalani
Village President
PASSED THIS 9th day of February, 2016
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2016-SC-AG-EX-R-1533
Agmt.w/Oak Brook Soccer Club,Inc.
Page 3 of 3
Exhibit A
TEMPORARY USE AGREEMENT
This Temporary Use Agreement ("Agreement') is made and entered into as of the
day of February, 2016 ("Effective Date") by and between the VILLAGE OF OAK BROOK, an
Illinois municipal corporation ("Village'), and the OAK BROOK SOCCER CLUB, INC., an
Illinois corporation ("User'j.
SECTION 1. RECITALS.
A. The Village owns a soccer field located in the Village's Sports Core in Oak Brook,
Illinois, and known as Field 3 ("Soccer Field').
B. The Village desires to permit the User to use the Soccer Field, and User desires
to use the Soccer Field, for soccer games, on August 26, 2016 through August 28, 2016 in
accordance with and pursuant to the terms, conditions, and restrictions of this Agreement.
SECTION 2. GRANT OF LICENSES.
A. Grant of License. Subject to the terms and conditions set forth in this
Agreement, the Village hereby grants User, and User hereby accepts, a license to use the
Soccer Field exclusively for the purpose of hosting a youth soccer tournament pursuant to and
in strict accordance with the terms and provisions of this Agreement ("Field License'. User
acknowledges and agrees that nothing in this Agreement shall be interpreted to provide a
license to User to use or alter the Soccer Field in any way other than as specified in this
Agreement.
B. Limitation of Interest. Except for the Field License granted pursuant to this
Agreement, User shall have no legal, beneficial, or equitable interest, whether by adverse
possession or prescription or otherwise, in the Soccer Field.
C. As Is. User shall accept the Soccer Field WHERE-IS and AS-IS, and subject to
applicable requirements of law. User acknowledges and agrees that: (1) the Village has made
no representation or warranty as to the suitability of the Soccer Field for User's youth soccer
tournament; and (2) the Village shall have no responsibility to maintain the Soccer Field in any
particular condition or manner. User waives any implied warranty that the Soccer Field is or will
be suitable for User's intended purposes. This Agreement shall apply, and User shall have no
right to terminate this Agreement, if the Soccer Field is unable to be used for User's youth
soccer tournament due to inclement weather conditions.
SECTION 3. TERM OF LICENSE AND TERMINATION.
A. Term. The Field License shall be from August 26, 2016 through August 28, 2016
("Term").
B. Early Termination.
1. Unilateral Termination- Breach. In the event that either party violates any
material provision of this Agreement, the non-breaching party shall have the option and the right
to terminate the Field License and this Agreement prior to the expiration of the Term
I
2. Immediate Termination. Notwithstanding Section 3.13.1 to the contrary,
the Village shall have the right to immediately terminate the Field License and this Agreement if:
(a) it delivers to User a Termination Notice that advises User of a breach that constitutes an
immediate and significant risk to the well-being and safety of the Soccer Field, any Village
employees, or any user of the Soccer Field; and (b) User fails to immediately cure the breach in
a manner satisfactory to the Village Manager.
C, Surrender of the Premises. Upon the expiration or termination of this
Agreement, User shall, at its sole cost and expense, remove from the Soccer Field all of its
materials and equipment and restore .the Soccer Field to the condition existing at the
commencement of this Agreement, notwithstanding any ordinary wear and tear, in accordance
with terms of Section 5.0 of this Agreement.
SECTION 4. FEES FOR LICENSE.
In consideration for the Soccer Field License and other good and valuable consideration,
User agrees to pay to the Village a use fee of$5,250.00.
SECTION 5. CONDITIONS.
User and the Village agree that use the Soccer Field is conditioned on the following:
A. Permitted Activities and Uses: Compliance with Laws,
1. User shall use and occupy the Soccer Field solely for the youth soccer
tournament.
2. User shall not do or permit anything to be done upon the Soccer Field or
on any Village property which in any way may create a nuisance, or injure the reputation of the
Sports Core or the Village.
3. User's use and occupancy of the Soccer Field shall at all times comply
with all applicable federal, state of Illinois, and Village codes, ordinances, statutes, and
regulations,
B. Alterations. User shall not make any modifications to the Soccer Field without
prior written approval from the Sports Core Director.
C. Maintenance Bonds Clean Up and Repalr.
a. User shall post a cash bond with the Village in the amount of $1,500.00 as
a maintenance and clean-up bond by August 1, 2016 ("Bond'). The
Village shall refund the User the Bond within seven days upon the
satisfactory review of the Soccer Field by the Director of the Sports Core
unless the Village draws upon the Bond in accordance with Section 5.E.b of
this Agreement.
b, User shall be responsible to fully restore the Soccer Field to the same
condition as it was prior to the commencement of the Term, notwithstanding
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