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3rd Amend to 4th Mod to Golf Practice Area EasementsTHIRD 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" 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 WHEREAS, on the 13"' day of October 2015, the Club and the Village entered into a Second Amendment to the Fourth Modification of Use of Golf Practice Easements: and WTIEREAS, the conditions relating to the continuing 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 are hereby acknowledged, the Parties hereto agree as follows: A. Amendment of Para+=raph 7 of the Fourth Modification. The Club and the Villagc acknowledge and agree that paragraph 7 of the Fourth Modification shall be further amended and be replaced with the fallowing: Clubs, Costs and Expenses. Prior to the vear beginning January 1, 2017, the Club shall pay all costs and expenses pursuant to the Third Modification. In connection with the Club's use of the Practice Properly, the Club shall pay all costs and expenses of maintaining Parcel 4 for Golf Practice Purposes, including without limitation seeding, mowing, irrigating, fertilizing, draining and sodding. The Club shall pay the liillage the following Slm1S for the 161lowing periods: Period Pa vmen t 1/1/17— 12/31!17 $70.000 1/8118 — 12/31/18 $70.00(1 1/1119— 12/31/19 $75.000 1/1/20— 12/31/20 $75,000 1/1,21 — 12/31/21 $80.000 US 1213,'5811 c2 099000-3,5504 IM, 2016 h 3) PM Payments shall be made on or before April 1 s( of each year. No other payments let percentage increases) shall be due to the Village during the tern ofthis Third Amandmcnt. B. Amendment of Paragraph I l.b ofthe Fourth Modification, The Club and the Village acknowledge and agree that paragraph I l.b of the Fourth Amendment shall be replaced with the following: b. The term of this 11ird Amendment to the Fourth Modification shalt commence on January 1, 2017 and continue until December 31, 2031. The Village may. however, terminate this Third Amendment by providing written notice thereof to the Club at any time after December 31, 2017 with such termination to be effective on December 31" ofthe second calendar year following 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, ifthe Village gives written notice to the Chub ofsuch termination on December I5, 2018, such termination shall be effective as of December 31, 2020. C. Additional I told Harmless. to 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 ernployces harmless and to defend and indemnify 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 ofthe Practice Property which the Club may impose. D. Effect of Amendment. The parties acknowledge and agree that thisThird Amendment modifies and amends the Fourth Modification, and the terms and provisions hereof shall supersede and control over any contrary or conflicting terns and provisions set forth in the Fourth Modification or any amendment thereof. The Fourth Modification as amended by this Third Amendment is hereby_ ratified and remains in full force and effect. For avoidance of doubt the parties agree that the provisions of Paragraph I ].c shall continue to be effective notwithstanding the amendments to the Fourth Modification. Iii WITNESS WHEREOF, the Club and the Village have respectively executed this Third Amendment to be effective as ofthe date first above written. ATTEST: By 1. t I'I375$4 h^_ 0Q900N3!n(14 44i20k,, 1 !v P.44 BUTLER NATIONAL GOLF TXB B.. _ Printed Name ' ATTEST: By Village Manager 4940-7015,J)87. , I t 'S- 12137594 1 Q09900(1-3550; 9i6269G k, 1,39 MM Title Date: VILLAGE E OF 0'A—&""W"mmwm&- mmom Villaae President Date: q / / -5/ / Le