R-1586 - 09/13/2016 - GOLF - Resolutions RESOLUTION 2016-GOLF-GREENS-R-1586
A RESOLUTION AUTHORIZING THE EXECUTION
OF A THIRD AMENDMENT TO THE FOURTH MODIFICATION
TO THE BUTLER NATIONAL RANGE OPERATIONS AGREEMENT
WHEREAS, the Village of Oak Brook and Butler National Golf Club have entered into a long
series of agreements relating to an area of land owned by Oak Brook which is utilized as a golf driving
range with practice tee areas and is also known as Polo Area 2; and
WHEREAS, the parties wish to enter into a Third Amendment to the Fourth Modification of
documents associated with that Area; and
WHEREAS, the Third Amendment establishes a new term between the parties of five years
commencing January 1, 2017, which period is subject to specific cancellation by the Village; and
WHEREAS, the Third Amendment provides for the fees to be paid by Butler National to the
Village and certain other matters.
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: The "Whereas" clauses set out above shall be and are made a part of this
Resolution.
Section 2: The Village President is authorized to execute and the Village Manager to attest
a Third Amendment to the Fourth Modification of Use of Golf Practice Areas between the Village and
Butler National Golf Club in substantially the form attached to and made a part of this Resolution as
Exhibit A.
Section 3: Effective Date. This Resolution sh II be in full force and effect immediately
v,
upon its passage and approval in the manner provided by la
APPROVED THIS 13th day of September, 2016 f
Gopal . alani
Village President
PASSED THIS 13th day of September, 2016
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTE T:
VAA,
Charlotte K. Pruss
Village Clerk
Iv
Resolution 2016-GOLF-GREENS-LEASE-R-1586
Authorizing the Execution of a Third Amendment to the
Fourth Modification to the Butler National
Range Operations Agreement
Page 2 of 2
EXHIBIT A
THIRD AMENDMENT
2
THIRD AMENDMENT TO THE FOURTH MODIFICATION
OF USE OF GOLF PRACTICE AREA EASEMENTS
THIS THIRD AMENDMENT TO THE FOURTH MODIFICATION OF USE OF GOLF
PRACTICE AREA EASEMENTS ("Third Amendment") is made this 13`h day of September.
2016 by and between the BUTLER NATIONAL GOLF CLUB, an Illinois not-for-profit
corporation ("Club"), and the VILLAGE OF OAK BROOK, ILLINOIS, an Illinois municipal
corporation ("Village").
RECITALS
th
WHEREAS, can -1 nthe dayof October 2015,the Club and the Village entered into a
Second Amendment to the Fourth Modification of Use of Golf'Practice Easements. and
WHEREAS. the conditions relatino to the continuinc, effectiveness of certain prior
documents remain in effect: and
WHEREAS, the implementation of the Second Amendment has worked successfully: and
WHEREAS, the parties now desire to further amend the Fourth Modification to extend its
term, for an additional five years pursuant to the terms of this Third Amendment.
NOW. THEREFORE, for and in consideration of the recitals set forth above and other
good and valuable consideration, the receipt. adequacy and sufficiency of which arc hereby
acknowledged., the Parties hereto agree as follows:
A. Amendment of Paragraph 7 of the Fourth Modification. The Club and the Village
acknowled-c and agree that paragraph 7 of the Fourth Modification shall be
t� -
further amended and be replaced with the following:
Clubs. Costs and Expenses. Prior to the year beginning January 1-20 t7,
the Club shall pay all costs and expenses pursuant to the Third
Modification. In connection with the Club's use of the Practice Property,
the Club shall pay all costs and expenses of maintaining Parcel 4 for Golf
.Practice Purposes, includin-without limitation seeding. mowing
irriizatin-. fertilizin-. draining and soddin`,. The Club shall pay,the
Village the following sums for the follo-wing periods:
Period Pa ~meat
1,1/17- 12'31'"I7 $70 000
1,18/18- 12/31/18 $70.000
1/1/19- 12/31/19 $75.000
1 il/20- 1 2/31/20 $75.000
1/1,,'21 - 121'31,`21 580.000
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Pav,ments shall be made on or before April I" of each year. No other
Payments(or percentage increases) shall be due to the Village during the
terrn of this Third Amendment.
B. Amendment of Paragraph I Lb of the Fourth Modification. The Club and the
Village acknowledge and agree that paragraph I Lb of the Fourth Amendment
shall be replaced with the following:
b. The term of this'I-bird Amendment to the Fourth Modification
shall commence on January 1. 1-017 and continue until December
31, 2021. The Village may. however.terminate this Third
Amendment by providing written notice thereof to the Club at any
time after December 3 L,201 7 with such termination to be
effective on December 31"of the second calendar year folloNving
the calendar year that any such written notice is so provided to the
Club, which must be made by the Corporate Authorities of the
Village. For example, if the Village gives written notice to the
Club of'such termination on December 15, 2018, such termination
shall be effective as of December 31, 2020.
C. Additional I-Ioldflarmless. In addition to any other obligation of the Club to hold
the Village, its officers.agents and employees harmless. to defend and indemnify,
the Club agrees to hold the Village. its officers..agents and employees harmless
and to defend and inderrinif, the Village with respect to any claim, demand or suit
made or filed against the Village, its officers.agents and employees arising out of
any unlawful limitation on the use of the Practice Property 1which the Club may,
impose,
D. Effect of Amendment. The parties acknowledge and agree that this Third
Amendment modifies and amends the Fourth Modification, and the terms and
provisions hereof shall supersede and control over any contrary or conflicting
terms and provisions set forth in the Fourth Modification or any amendment
thereof. The Fourth Modification as amended by this Third Amendment is hereb-,
ratified and remains in full force and effect. For avoidance of doubt the parties
agree that the provisions of Paragraph I Lc shall continue to be effective
notwi t hstanding the amendments to the Fourth Modification.
IN WITNESS WHEREOF. the Club and the Village have respectively executed this
Third Amendment to be effective as ofthe date first above written.
ATTEST: BL T L E R NATIONAL IG 1-01 L F—'L U B
A
By ' .
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Printed
Title,
Date: V�Al�
ATTEST: VILLAGE OF OAK BROOK
Bv: BY:
—
Village I�ana�er 'V lade President
Date: 9/15 /1 ce
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