Soccer Building Lease Agreement LEASE AGREEMENT
THIS AGREEMENT, entered into this 25th day of February, 2020, by and between the
VILLAGE OF OAK BROOK (hereinafter referred to as the "Landlord or Village"), an Illinois
unit of local government and the ECLIPSE SELECT SOCCER CLUB, INC., (hereinafter referred
to as"Tenant"), an Illinois Corporation(each individually a"Party"and collectively the"Parties").
RECITALS
WHEREAS,the Village presently owns or controls a certain parcel of real estate improved
with an office building, commonly known as 700 Oak Brook Road, Oak Brook, Illinois 60523
(hereinafter referred to as the"Subject Property");
WHEREAS, Tenant desires to occupy portions of the Subject Property for the use and
benefit of the Tenant and to specifically operate its soccer club; and
WHEREAS,the Parties hereto desire to enter into a short-term lease agreement for the use
of the Subject Property defined herein.
NOW,THEREFORE,in consideration of the mutual promises and agreements contained
herein, the parties hereto agree as follows:
1. The Parties agree that the recitals are hereby fully incorporated into this Agreement as if
set forth in their entirety in this Section 1, and all covenants, terms, conditions, and
provisions of this Agreement shall be construed, interpreted, and enforced in accordance
therewith.
2. Tenant shall have and hold portions of the Subject property for a term of ten(10) months
commencing March 1,2020 and ending December 31, 2020.
3. Tenant covenants and agrees to pay Landlord as rent for the Subject Property during the
term of this Lease an amount of two thousand five-hundred dollars($2,500.00)per month,
to be paid on the first day of each month.
4. Tenant shall be allowed access to the leased property over any and all roads or easements
now serving the property. Tenant shall have the exclusive use of the entire building space
and existing furniture as is, Tenant shall be required to return the premises to the Village
in the same condition as it was leased on March 1,2020,less ordinary wear and tear.Tenant
will be responsible for phone, internet, building cleaning, installation and maintenance of
ice machine,washer,and dryer if so desired. Landlord will be responsible for water,sewer,
electric, heating, cooling and normal building maintenance. Tenant will also be allowed
non-exclusive use of a golf cart to be stored in the basement.
5. Tenant shall be required to carry liability insurance as well as any other insurance policies
so required by the Village all in amounts acceptable to the Village.
6. To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless
the Village, its board of trustees, individual board members, its elected and appointed
officers, officials, employees, administrators, volunteers and agents (collectively, the
"Indemnitees"), from and against any and all claims, damages, losses and expenses,
including but not limited to legal fees (attorneys' and paralegals' fees and court costs),
incurred by any of the Indemnitees for injuries to persons or for damage, destruction or
theft of property arising out of or resulting from any activity,act or omission of the Tenant,
or of any employee, agent, affiliate, vendor, co-sponsor, invitee, contractor, or volunteer
of the Tenant but only to the extent caused in whole or in part by any wrongful or negligent
act or omission of the Indemnitor. Similarly,the Tenant shall indemnify, defend and hold
harmless the Indemnitees from and against any and all claims, damages, losses and
expenses, including but not limited to legal fees (attorneys' and paralegals' fees and court
costs), incurred by any of the Indemnitees by reason of the Tenant's breach of any of its
obligations under this Agreement.
7. Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver
of the rights, privileges, defenses, and immunities provided or available to the Village
under the Illinois Local Governmental and Governmental Employees Tort Immunity Act
with respect to claims by third parties.
8. The Village shall not have any responsibility whatsoever for supervising the Tenant's
activities, or supervising the other Tenant's employees, agents, volunteers, invitees, or
affiliates. Each Tenant acknowledges and assumes complete responsibility for its
employees, agents or volunteers used to supervise any activities hereunder.
9. This Agreement may be terminated for any reason within the terminating Party's sole
discretion,by providing written notice to the other Party at least sixty(60)days prior to the
effective date of termination("Termination for Convenience").
10. In the event Tenant remains in possession of the Premises after expiration of this Lease,
and without the execution of a new lease,but with Landlord's written consent,Tenant will
be deemed to be occupying the Premises as a tenant from month to month, subject to all
the provisions, conditions, and obligations of this Lease insofar as the same can be
applicable to a month-to-month tenancy;provided,however,that the monthly Rent will be
escalated to an amount set by Landlord at Landlord's sole discretion. In the event Tenant
remains in possession of the Premises after expiration of this Lease, without the execution
of a new lease and without Landlord's written consent, Tenant will be deemed to be
occupying the Premises without claim of right, and Tenant will pay Landlord for all costs
arising out of loss or liability resulting from delay by Tenant in so surrendering the
Premises as above provided and will pay as a charge for each day of occupancy, an amount
equal to [125] percent (One Hundred Twenty Five percent) of the Rent (on a pro-rated
daily basis) according to Landlord's then current rate schedule for prospective tenants in
the Premises.
11. All notices, demands, and requests will be in writing, and will be effectively served by
forwarding such notice,demand,or request by certified or registered mail,postage prepaid,
or by commercial overnight courier service addressed as follows:
(a) If addressed to Tenant:
Eclipse Select Soccer Club, Inc.
700 Oak Brook Rd.
Oak Brook, Illinois 60521
Attn: Lou Reina
(b) If addressed to Landlord:
Village of Oak Brook
1200 Oak Brook Rd.
Oak Brook, IL 60523
Attn: Village Manager
12. Tenant will not use the Premises or permit anything to be done in or about the Premises
that will, in any way, conflict with any law, statute, ordinance, or governmental rule or
regulation now in force or that may hereafter be enacted or promulgated.Tenant will,at its
sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules and regulations now in force or that may hereafter be in force,and with
the requirements of any fire insurance underwriters or other similar body now or hereafter
constituted relating to or affecting the condition,use,or occupancy of the Premises.Tenant
will use the Premises and comply with any recorded covenants,conditions, and restrictions
affecting the Premises as of the commencement of the Lease or that are recorded during
the Term.
13. Tenant agrees to comply with all local ordinances, rules, and regulations of Landlord in
connection with its use of the leased property.
14. This Lease is governed by, and must be interpreted under,the internal laws of the State of
Illinois.
15. This Lease can only be modified or amended by an agreement in writing signed by the
parties hereto. No receipt of money by Landlord from Tenant or any other person after
termination of this Lease or after the service of any notice or after the commencement of
any suit or after final judgment for possession of the Premises will reinstate, continue, or
extend the Term or affect any such notice,demand,or suit, or imply consent for any action
for which Landlord's consent is required, unless specifically agreed to in writing by
Landlord. Any amounts received by Landlord may be allocated to any specific amounts
due from Tenant to Landlord as Landlord determines.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the dste as
set forth above.
ATTEST:
B
ECLIPSE SELECT SOCCER CLUB, ATTEST:
INC.
By: