IGA Hinsdale Central HS- Sports Core Field 3 Usage 02-26-2008 O f 6t AM
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
OAK BROOK AND THE BOARD OF EDUCATION FOR THE HINSDALE
HIGH SCOOL DISTRICT 86
GIRL'S LACROSSE TEAM
%C/ r ��y
THIS AGREEMENT ("Agreement")entered into as of this." day of vlaaw" 2008, by
and between the Village of Oak Brook, a municipal corporation ('Village"), and The Board of
Education of Hinsdale Township High School District 86, a school district of Illinois ('District").
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units
of local government may contract to exercise, combine or transfer any power or function not
prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes
units of local government to exercise jointly with any public agency of the State of Illinois,
including other units of local government, as well as individuals, association and corporations,
any power, privilege or authority ,which may be exercised by a unit of local government
individually, and to enter into contracts for the performance of governmental services, activities
and undertakings; and
WHEREAS, the Village is the owner of certain real estate in the Village commonly know
as the "Sports Core"; and
WHEREAS, the District's, Girl's Lacrosse Team ("Lacrosse Team") is an organization
fully sponsored and insured by the District; and
WHEREAS, the District has requested the Village to allow the Lacrosse Team to use a
portion of Field 3 in the Sports Core ("Premises")for lacrosse practices and games; and
WHEREAS, the Village is willing to allow the Lacrosse Team to use the Premises
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pursuant to the terms and conditions of this Agreement.
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NOW, THEREFORE,in consideration of the mutual covenants and conditions contained
herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
Section 1: Recitals Incorporated. The foregoing recitals are incorporated by reference
as though fully set forth therein.
Sect_ion 2: Utilization and maintenance of property. The Village grants the District a
license to use the Premises as designated and approved by the Bath and Tennis Club Manager
of the Oak Brook Sports Core, from 3:00 p.m. to dusk on weekdays and from 8:00 a.m. to 5:00
p.m. on Saturdays as outlined in the.schedule attached hereto as Exhibit A, subject to the terms
and conditions of this Agreement.
A. Games and Practice:
1. The District agrees that the Lacrosse Team shall only use the Premises for
lacrosse practices and games as allowed by this Agreement. Any other use
of the Premises is an act of default and a breach of this Agreement.
2. The District may cancel games due to inclement weather, provided that the
district so notifies the Village no later than 1:00 p.m. of the game day.
Games canceled due to inclement weather may rescheduled beyond the
agreed schedule.
B. Landscaping and maintenance: The Village shall maintain, in its sole
discretion, the Premises for lacrosse practices and games, 'subject to the
provisions of subparagraph'I(C) and I(D).
C. Irrigation. The District acknowledges that there is a limited supply of water and
related equipment available for watering the Premises, the golf course and other
Village property. The District further acknowledges that the availability of water is
dependent on weather conditions and the amount of periodic rainfall. It is
understood that in times of extreme heat and little rainfall the golf course, being
subject to greater stress, will receive preference over the Premises for watering
needs. The Village ;agrees that water rationing will occur,only during r times of
high stress when water reserves are critically low as`determined by the Village in
its sole discretion.
D. Flooding. In the event of a flood or excessive rainfall which, in the Village's sole
judgment makes the Premises unplayable for lacrosse practices and games, no
play is allowed: the Village shall endeavor to`notify the`District of its decision-no
later than 9:00 a.m. on a' game day. Games canceled due to the Village's
notification may be rescheduled beyond'the,agreed schedule.
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E. Parking. Parking for coaches, consulting lacrosse professionals, participants,
and spectators for lacrosse activities shall be on paved parking areas of the
Sports Core as may be designated by the Village from time to time. Parking by
individuals involved with or:attending practices or games of the Lacrosse Team
on Sports Core fields,the Village Golf Course or on adjacent residential streets is
prohibited.
F. Traffic and parking control regulations:
1. On game days the District, if determined necessary by the Village, shall
provide traffic and parking control. The District shall provide all necessary
temporary directional signs for regulating parking and traffic control as
required by the Village.
2. No admission fees or ticket sates, !sponsorship revenues and any and all
other revenue of any kind and nature shall be collected unless separately
agreed to by the Village in its sole discretion.
Sect_ ion 3: Use Charge.
A. The District agrees to pay to the Village fees in accordance with the Village's
open fields ordinance with said charge to be paid one (1) week prior to each
month of play. This fee shall be prorated in the first and last months of.play.
B. If the District fails to pay the monthly fee as required, on or before five ;(5)
business days before the month of the scheduled use of the Premises, the
Village may terminate this Agreement pursuant to the terms of this Agreement.
Section 4: Accessory Services. Except as set forth in Section 2(B) hereof, the District
hereby assumes the exdbsive responsibility for all labor and supervision expenses involved in
preparation of the Premises for lacrosse, including, but not limited to, the striping of fields and
setting up of goal posts. Additionally, provision.of tables, chairs and related items shall be the
responsibility of the District. No bleachers or grandstands may be erected by the District without
the prior written consent of the Village. The District is solely responsible to remove all items
equipment, signs and rubbish before the end of the day on all days when the Premise.s are
utilized by the Lacrosse Team.
Section 5: Concessions. The Village may, at its sole option, provide concession and
catering service for food and beverages on practice and/or game days during the term of this
Agreement. Neither the District nor the Lacrosse Team shall offer any concessions, catering or
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merchandise sales on game days during the season, except as may be approved in writing by
the Village
Section 6: Insurance. The District-shall carry sufficient liability and property damage
insurance as approved by the Village, 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 February 15' prior to the beginning of the season, the District 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 type of insurance coverages, amounts of coverage or carriers
are not approved by the Village, the Village shall notify the District in which event the District
shall have fifteen (15) days to obtain approved coverage assuming that license fees continue to
be assessed by the Village and paid by the District during this cure period and the Lacrosse
Team may not practice, play games or utilize the Premises until the insurance requirements
have been met to the satisfaction,of the Village in its sole discretion. If the District cannot obtain
such coverage, this Agreement shall automatically terminate at the election of the Village.
The insurance required herein may not be canceled until a thirty (30) day prior,notice is
given to the Village or until the termination of this Agreement. Cancellation or lapse of the
insurance required, without prompt reinstatement, shall result in the termination of this
Agreement at the election of the Village
Sect_ ion 7: Indemnity. To.the fullest extent permitted by law, the District shall 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 an,d
expenses,which may in any way accrue against the Village, its officials, agents, employees and
volunteers, arising in whole or in part from the negligence or willful conduct of the District, its
officers, employees or the Lacrosse Team and occurring in conjunction with or as a result of its
use of that portion the Premises for lacrosse practices and games and other activities related to
the conduct of lacrosse practices and games under this Agreement, except for claims arising
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out of the negligence or willful conduct of the.Village, its agents or employees. The District
shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and
other expenses arising therefore or incurred in connection therewith, and, if any judgment shall
be rendered against the Village, its officials, agents, employees and volunteers, in any such
action, the District shall, at its own expense, satisfy and discharge the same.
The District expressly understands and agrees that any insurance policies required
pursuant to this Agreement, shall not in any way limit the District,is responsibility to indemnify,
keep and save harmless and defend the Village, its officials, agents, employees and volunteers
as required herein.
Section 8: Default. In addition to any other matt er set forth herein as a basis for the
termination of this Agreement, it is agreed that the Village may terminate this Agreement in its
sole discretion if:
A. Any officer, agent or employee of the District or any member of the Lacrosse
Team violates any of the provisions of Village's ordinances or laws of the State of
Illinois; or,
B. If any officer, agent or employee of the District or any member of the Lacrosse
Team uses the Premises for any activity not authorized by this Agreement.
Then the Village may treat the occurrence of one or more of the foregoing events as a
breach of this Agreement, and thereupon,at the Village's option and upon written notice to the
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.District, the Village shall have the right to terminate this Agreement
Sect_ 9: Term of Agreement. This Agreement shall be for a period commencing in
accordance with the attached Game and Practice schedule attached as Exhibit A.
Section on 10: Renewal. In order for the Agreement to renew, both parties must mutually
agree to extend the Agreement prior to February 15th of each year. The District shall furnish,the
Village with the annual season's schedule prior to February 15th of each year and insurance
certificate'by February 15"' of each year and otherwise comply with the terms of this Agreement.
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Either party may terminate this Agreement with thirty (30) days notice prior to the beginning of
the renewal season.
Section 11: Modification. This Agreement may be modified or amended only by
written instrument signed by both the District and the Village.
Section.12: Governing,Law. This Agreement shall be governed by the laws of the
State of Illinois both as to interpretation and performance.
Section 13: Severability. The terms, conditions, and provisions of this Agreement
shall be severable, and if any term, condition, or provision is found to be unenforceable for any
reason whatsoever, the remaining terms, conditions, and provisions. shall remain in full force
and effect, unless the Agreement can no longer by performed by one or both of the parties.
Section 14: Notices. Notice or other writings which either party is required to, or may
wish to serve upon the other party in connection with this Agreement shall be in writing and shall
be delivered personally or sent by registered or certified mail, 'return receipt requested, postage
prepaid, addressed as follows:
The Village of Oak Brook
Attention: Village Manager, David Niemeyer
1200 Oak Brook Road
Oak Brook, Illinois 60523
Board of Education of Hinsdale Township High School
District 86
Attention: Business Manager,
55. and Grant Streets
Hinsdale, Illinois 60521
Section 15: Assignment. ` The District may not assign this Agreement without the
express prior written consent of the Village, which may be withheld in the sole discretion of the
Village.
Secti_ 'on 16: Entire Agreement. This Agreement constitutes the entire Agreement of
the parties and supersedes all previous Agreements whether written or oral.
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IN WITNESS WHEREOF, the parties have caused this Agreementto be executed by the
proper officer of each party on the date above first written.
-oes *of-Edu A ian ^f Hinsdale Township Village of Oak Brook
High School District 86 a municipal corporation
By:
Beer-d Pr ident Village President
ATTEST: ATTEST:
By: By. in:E�
Secretary Village Clerk
S:/Janet/Oak Brook/Agr/SD 86 license agreement clean 2.11.08.doc
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ITEM 10.1).
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COUNTY,
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 26, 2008
SUBJECT: Sports Core Field 3 Usage - Spring 2008 Hinsdale Central HS Girls Lacrosse
FROM: Nelson Patras, Bath & Tennis Operations Manager d�
BUDGET SOURCE/BUDGET IMPACT: Program# 816/ Open Field
RECOMMENDED MOTION: I move to approve the Intergovernmental Agreement
between the Village of Oak Brook and the Board of Education for The Hinsdale Central
High School District 86 Girl's Lacrosse Team for usage of a portion of the Sports Core
Field 3 for the 2008 Spring Lacrosse Season.
Background/History:
The Hinsdale Central High School District 86 girl's lacrosse team has been a good tenant of the
Village of Oak Brook since 2004. Since that time District 86 has utilized a portion of the SC
Field 3 as their"Home Field" for practice and games. As in the past, District 86 wishes to secure
athletic field usage for the upcoming "2008 Spring Season". Attached please find a standard
agreement between the Village of Oak Brook and Hinsdale Central H.S. District 86 Girl's
Lacrosse as well as game schedules for the Varsity, Jr.Varsity and Fresh/Soph. teams. Outdoor
practices at the SC are daily from 4-6pm beginning March 3rd running through approximately
May 21St(dependent upon playoff scheduling).
Recommendation:
Staff recommends that the Village Board approve the Intergovernmental Agreement
between the Village of Oak Brook and the Board of Education for The Hinsdale Central
High School District 86 Girl's Lacrosse Team, as presented, for the "2008 Spring Season".
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Last printed 2/22/2008 9:19 AM