REGULAR MEETING TUESDAY, JANUARY 28, 2020 7:00 P.M.

BOT AGENDA

BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER

1200 OAK BROOK ROAD OAK BROOK, ILLINOIS

630-368-5000

REGULAR MEETING TUESDAY, JANUARY 28, 2020

7:00 P.M.

Manzo/ Yusuf

1. CALL TO ORDER

2. ROLL CALL

3. PRESIDENT’S OPENING COMMENTS

A. Swearing In of Police Sergeant

4. RESIDENT/VISITOR COMMENT

5. APPROVAL OF MINUTES

A. Regular Board of Trustees Meeting of January 14, 2020

6. CONSENT AGENDA:All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda.

A. Accounts Payable for Period Ending January 23, 2020 - $ 1,013,820.69

Significant Items included in Above:1) LEGAL SERVICES:

a. Ottosen Britz Kelly Cooper Gilbert & Dinolfo, LTD. - Legal Services – December, 2019 -$10,500.00 (FY19 YTD - $48,222.77)

b. Clark, Baird, Smith, LLP – Legal Services – December 2019 - $970.00(FY19 YTD - $46,572.00)

c. Lamp Law LLC - Legal Services -December, 2019 - $3,333.00(FY19 YTD - $29,999.64)

TOTAL LEGAL BUDGET FOR 2019 IS $ 294,000 TOTAL LEGAL BILLS PAID FOR 2019- YTD - $275,351.19 2) Burke, LLC – Salt Storage Facility and Final Site Work- Pay Request #1 – $104,218.863) Christopher B. Burke Engineering, LTD – Harger Rd. Bike Path Connection Project -

$39,399.754) Du-Comm – Quarterly Shares (February through April) – Fire Department - $43,954.255) Du-Comm – Quarterly Shares (February through April) – Police Department - $114,412.00

BOT AGENDA

6) DuPage County- Police Department- Equipment Replacement Contribution, Operating Expenses and Cutover Costs -$26,052.87

7) IRMA – December 2019 - $34,073.73 8) BCBS HMO – Health Care Services – February, 2020 - $37,604.54 9) K-Five Construction – Project# 19103- Resurfacing 16th Street - $160,700.87 10) Paramedic Services of Illinois –Paramedic Services- January 2020 -$ 59,383.20 11) DCVP-Co-Op Advertising – October-December 2019 $ 65,705.00 12) DCVP Quarterly Dues, 25% of 1% - 2019 Fourth Quarter- $ 29,106.89 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2019 -$459,000

TOTAL PAID FOR 2019 - $513,938.74

B. Approval of Payroll for Pay Period Ending January 11, 2020- $ 906,783.07 Manzo/

Yusuf C. Ordinances & Resolutions 1) RESOLUTION 2020-GOLF-EQUIP-PO-R-1848, A Resolution Approving the Waiver of

Further Bidding and Authorizing the Purchase of Golf Maintenance Mowers and Tractor Manzo /Saiyed

2) RESOLUTION 2020-PW-MSQTO-ABATE-AG-R-1852, A Resolution Approving the Waiver

of Competitive Bidding and Authorizing and Amendment to the Contract by and Between the Village of Oak Brook and Clarke Environmental Mosquito Management, Inc., to provide Mosquito Abatement Services

Tiesenga

3) ORDINANCE 2020-ZO-V-EX-S-1594, An Ordinance Granting a Variation from the

Provisions of Section 13-11-10 Of Title 13 of the Village of Oak Brook Municipal Code to Allow the Placement of a Wall Sign on the Center Facade of the Screening Equipment of the Building - 616 Enterprise

Baar/Yusuf

4) RESOLUTION 2020-SC-GOLF-BAR-EQUIP-CNTRCT-R-1853, A Resolution Approving the

Waiver of Competitive Bidding and Authorizing the Village to Award and Enter Into a Contract With Chicago Bar Shop for Golf Clubhouse Bar Equipment Purchase, Design and Build Out

Manzo /Saiyed

5) RESOLUTION 2020-SC-GOLF-LNGE-CNTRCT-R-1854, A Resolution Approving the

Waiver of Competitive Bidding and Authorizing the Village to Award and Enter Into a Contract With Nu Vision, Inc., for the Golf Clubhouse Lounge Renovation Project

Manzo /Saiyed

6) ORDINANCE 2020-PP-S-1596, An Ordinance Authorizing the Sale Through Electronic

Auction or Broker, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook Surplus (IT Department)

Lalmalani

7) RESOLUTION 2020-PW-FPD-LC-AG-R- 1858, A Resolution Approving a License

Agreement By and Between the Forest Preserve District of DuPage County and the Village of Oak Brook Providing for the Construction of Parking Lot Entrance and Trail Improvements Within a Portion of York Woods Forest Preserve

Tiesenga

D. Village of Oak Brook – Monthly Financial Reports – December 2019 Manzo/

Yusuf E. Underground Facilities Location and Marking of Village Owned Utilities Tiesenga 7. ITEMS REMOVED FROM CONSENT AGENDA

BOT AGENDA

8. UNFINISHED BUSINESS A. Ordinances & Resolutions 1. ORDINANCE 2020-ZO-V-EX-S-1593, An Ordinance Amending Ordinance 2014-ZO-V-EX-

S-1403 of the Village of Oak Brook (Park District Lighting) Manzo /Tiesenga

2. ORDINANCE 2020-AG-OBPD-S-1595, An Ordinance Approving and Authorizing the

Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as The Kensington Road Surface Parking Lot, Oak Brook, Illinois 60523

Manzo /Tiesenga

9. ACTIVE BUSINESS A. Ordinances & Resolutions 1. RESOLUTION 2020-AG-OBPD-LN-R -1855 A Resolution Approving an IGA Between the

Village of Oak Brook and the Park District Providing for a Loan from the Hotel/Motel Fund Manzo /Tiesenga

2. RESOLUTION 2020-POLO-AG-R-1856, A Resolution Approving a License Agreement

Between the Village of Oak Brook and Pineoak Partners, LLC For The 2020 Polo Season. Baar /Tiesenga

B. Regulation of Future Development Set-backs and Parking Concerns at the Mall Manzo

/Saiyed 10. INFORMATION & UPDATES A. Village Manager B. Village Clerk C. Trustees D. Village Attorney E. Village President 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully

closed under this act, (2) to consider probable litigation against or by the Village, pursuant to 2(c)(21), 2(c)(11) of the Illinois Open Meetings Act, respectively.

12. ADJOURNMENT

In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at this public meeting should contact the Butler Government Center (Village Hall), at 630-368-5010 as soon as possible before the meeting date or for TDD response (630) 990-2131 as soon as possible before the meeting date.

BOT AGENDA Page 1



630-368-5000

AGENDA ITEM Regular Board of Trustees Meeting

of January 28, 2020

SUBJECT: Award of Contract- Golf Equipment - Tractor, Fairway Mower, Riding Mower

FROM: Sean Creed, Golf Course Superintendent/Manager

BUDGET SOURCE/BUDGET IMPACT: Program #834 (Golf Maintenance)

RECOMMENDED MOTION: I move that the Village Board waive further bidding since Sourcewell has already conducted the bid process and issue a Purchase Order to J.W. Turf Inc., Elgin, Illinois, in the amount of $82,658.36, for the purchase of a 2020 John Deere 4066R Tractor, a 2020 John Deere 6500A Fairway Mower, and a 2020 John Deere Z920M Ztrac, and approve Resolution 2020-SC-GOLF-EQUIP-PO-R-1848.

Background/History: Pursuant to the provisions of Section 1-7-10 of the Code of Ordinances and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements.

The tractor is replacing a model year 2000 New Holland tractor and a model year 1990 Yanmar tractor. The fairway mower is replacing a 1999 model year Jacobsen and a 2005 model year Toro, and the riding mower is replacing a 2002 model year Toro and a 2008 model year Lastec. I am hopeful that these new purchases will give us the same longevity and productivity as the trade in equipment have given us.

Recommendation: That the Village Board waive further bidding since Sourcewell already conducted the bid process, and issue a Purchase Order to J.W. Turf Inc., Elgin, Illinois, in the amount of $82,658.36, for the purchase of a 2020 John Deere 4066R Tractor, a 2020John Deere 6500A Fairway mower, and a 2020 John Deere Z920M Ztrac, and approve Resolution 2020-SC-GOLF-EQUIP-PO-R-1848.

ITEM 6.C.1

THE VILLAGE OF OAK BROOK

COOK AND DUPAGE COUNTIES, ILLINOIS

RESOLUTION

2020-GOLF-EQUIP-PO-R-1848

A RESOLUTION APPROVING THE WAIVER OF FURTHER BIDDING AND AUTHORIZING THE PURCHASE OF GOLF

MAINTENANCE MOWERS AND TRACTOR

GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk

JOHN BAAR

PHILIP CUEVAS MICHAEL MANZO

MOIN SAIYED EDWARD TIESENGA

ASIF YUSUF

Village Board

Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook

on this the 28th day of January 2020

Resolution 2020-SC-GOLF-EQUIP-PO-R-1848 J.W. TURF GOLF MOWERS AND TRACTOR

Page 2 of 4

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RESOLUTION 2020-GOLF-EQUIP-PO-R-1848

A RESOLUTION APPROVING THE WAIVER OF FURTHER BIDDING AND AUTHORIZING THE PURCHASE OF GOLF MAINTENANCE MOWERS AND TRACTOR

WHEREAS, Oak Brook Village Code Section 1-7-10 authorizes the Village to participate in cooperative purchasing arrangements; and WHEREAS, the Village is a member of the Sourcewell Purchasing Cooperative (“Sourcewell”), a government purchasing cooperative; and WHEREAS, Sourcewell solicited bids on the Village’s behalf for tractor, a fairway mower, and a riding mower to be used by Golf; and WHEREAS, the Village reviewed the results of Sourcewell’s bidding process and determined that the bids offered by J.W. Turf, Inc., Elgin, Illinois (“J.W. Turf”), for a 2020 John Deere 6500A Fairway Mower, a 2020 John Deere Z920M Ztrac Riding Mower, and a 2020 John Deere 4066R Tractor, were the lowest responsive and responsible bids; and WHEREAS, the Village hereby waives any additional bidding requirements and wishes to accept J.W. Turf’s bid, in accordance with this Resolution;

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 Village Manager is hereby authorized to: a) execute a purchase order attached hereto as Exhibit A for a 2020 John Deere 6500A Fairway Mower, a 2020 John Deere Z920M Ztrac Riding Mower, and a 2020 John Deere 4066R Tractor, in the amount of $82,658.36; and b) take all steps necessary to implement the terms of this Resolution. Section 2: The Village authorizes the adoption of this Resolution and the execution of the purchase order without the need for further competitive bidding because the Village obtained bids through its membership in Sourcewell, a government purchasing cooperative. Section 3: This Resolution shall be in full force and effect from and after its passage and approval by the Village President.

APPROVED THIS 28th day of January, 2020

Gopal G. Lalmalani Village President


Page 3 of 4

3

PASSED THIS 28th day of January, 2020 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk


Page 4 of 4

4

EXHIBIT A

PURCHASE ORDER

YOUR CONTRACT. YOUR QUOTE. YOUR HELP REQUESTED.

Ensure your equipment arrives with no delay. Issue your Purchase Order or Letter of Intent.

Shipping address Billing address

Vendor: John Deere Company 2000 John Deere Run Cary, NC 27513

Contract name and/or number Signature Tax exempt certificate, if applicable

The John Deere Government Sales Team

Ryan Gilmore

J. W. Turf, Inc.180 Corporate DriveElgin, IL 60123

Tel: 847-683-4653Mobile Phone: 847-894-5268Fax: 847-683-3978Email: [email protected]

To expedite the ordering process, please include the following information in Purchase Order or Letter of Intent:

For any questions, please contact:

Date: 17 November 2019 Offer Expires: 28 February 2020

Confidential

Quote Id: 20810617

ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR):Deere & Company2000 John Deere RunCary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989

ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER:J. W. Turf, Inc.180 Corporate DriveElgin, IL 60123 [email protected]

Prepared For:

Oak Brook Golf Club

Proposal For:

Delivering Dealer:Ryan Gilmore

J. W. Turf, Inc.180 Corporate DriveElgin, IL 60123

[email protected]

Quote Prepared By:RYAN GILMORE [email protected]



Confidential

Salesperson : X ______________ Accepted By : X ______________

Quote Summary

Prepared For:Oak Brook Golf Club810 Oak Brook RdOak Brook, IL 60523Business: 630-368-6460

Delivering Dealer:J. W. Turf, Inc.

Ryan Gilmore180 Corporate Drive

Elgin, IL 60123Phone: 847-683-4653Mobile: 847-894-5268

[email protected]

Quote ID: 2081061717 November 2019

03 January 2020Created On:

Last Modified On:Expiration Date: 28 February 2020

Equipment Summary Suggested List Selling Price Qty Extended

JOHN DEERE 6500A PrecisionCut Fairway Mower

$ 63,773.00 $ 48,467.48 X 1 = $ 48,467.48

Contract: Sourcewell Grounds Maintenance 062117-DAC (PG NB CG 70)Price Effective Date: November 17, 2019

JOHN DEERE 4066R Compact Utility Tractor (52 PTO hp) - OOS

$ 42,606.40 $ 34,937.25 X 1 = $ 34,937.25


JOHN DEERE Z920M ZTrak $ 10,719.00 $ 8,253.63 X 1 = $ 8,253.63


Equipment Total $ 91,658.36

Trade In Summary Qty Each Extended

2000 NEW HOLLAND TC40D 1 $ 3,000.00 $ 3,000.00PayOff $ 0.00Total Trade Allowance $ 3,000.00

1990 YANMAR 336 D 1 $ 1,000.00 $ 1,000.00



Confidential

Salesperson : X ______________ Accepted By : X ______________

PayOff $ 0.00Total Trade Allowance $ 1,000.00

1999 JACOBSEN L128 1 $ 500.00 $ 500.00PayOff $ 0.00Total Trade Allowance $ 500.00

2005 TORO 5400D 1 $ 1,000.00 $ 1,000.00PayOff $ 0.00Total Trade Allowance $ 1,000.00

2002 JOHN DEERE 2653A PROF UTILITY MOWER

1 $ 1,250.00 $ 1,250.00

PayOff $ 0.00Total Trade Allowance $ 1,250.00

2008 LASTEC 2861AGC 1 $ 1,500.00 $ 1,500.00PayOff $ 0.00Total Trade Allowance $ 1,500.00

2002 TORO Z287L 1 $ 750.00 $ 750.00PayOff $ 0.00Total Trade Allowance $ 750.00

Trade In Total $ 9,000.00* Includes Fees and Non-contract items Quote Summary

Equipment Total $ 91,658.36

Trade In $ (9,000.00)SubTotal $ 82,658.36Est. Service Agreement Tax

$ 0.00

Total $ 82,658.36Down Payment (0.00)Rental Applied (0.00)Balance Due $ 82,658.36

Quote Id: 20810617 Customer Name: OAK BROOK GOLF CLUB

Selling Equipment

Confidential



JOHN DEERE 6500A PrecisionCut Fairway MowerHours:Stock Number:Contract: Sourcewell Grounds Maintenance 062117-DAC

(PG NB CG 70)Price Effective Date: November 17, 2019

Suggested List *$ 63,773.00Selling Price *$ 48,467.48

* Price per item - includes Fees and Non-contract itemsCode Description Qty List Price Discount% Discount

AmountContract

PriceExtended Contract

Price1570TC 6500A PrecisionCut Fairway

Mower1 $ 45,018.00 24.00 $ 10,804.32 $ 34,213.68 $ 34,213.68

Standard Options - Per Unit001A United States and Canada 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.000443 All Other countries (English/

Spanish)1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00

1201 Quick Adjust 5 (QA5) 7-blade Heavy Section Cutting Units

1 $ 12,475.00 24.00 $ 2,994.00 $ 9,481.00 $ 9,481.00

1304 50.8 mm (2-in.) Diameter Machined Grooved Solid Rollers

1 $ 875.00 24.00 $ 210.00 $ 665.00 $ 665.00

1402 QA5 Cutting Unit and Rear Roller Power Brush ONLY Counterweights

1 $ 770.00 24.00 $ 184.80 $ 585.20 $ 585.20

1602 50.8 mm (2-in.) Diameter Wide Tube / Hollow Smooth Rollers

1 $ 885.00 24.00 $ 212.40 $ 672.60 $ 672.60

9748 (5) QA5 Rear Roller Power Brush Drive

1 $ 2,145.00 24.00 $ 514.80 $ 1,630.20 $ 1,630.20

9791 (5) QA5 22 In. Rear Roller Power Brushes

1 $ 785.00 24.00 $ 188.40 $ 596.60 $ 596.60

9792 Air Ride Suspension Kit 1 $ 820.00 24.00 $ 196.80 $ 623.20 $ 623.20Standard Options Total $ 18,755.00 $ 4,501.20 $ 14,253.80 $ 14,253.80

Value Added Services Total

$ 0.00 $ 0.00 $ 0.00

Total Selling Price $ 63,773.00 $ 15,305.52 $ 48,467.48 $ 48,467.48


Selling Equipment

Confidential



JOHN DEERE 4066R Compact Utility Tractor (52 PTO hp) - OOSEquipment Notes: Hours:Stock Number:Contract: Sourcewell Grounds Maintenance 062117-DAC


Suggested List *$ 42,606.40Selling Price *$ 34,937.25


AmountContract


Price0382LV 4066R Compact Utility

Tractor (52 PTO hp) - OOS1 $ 41,415.00 18.00 $ 7,454.70 $ 33,960.30 $ 33,960.30

Standard Options - Per Unit0202 United States 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.000409 English Operator's Manual

and Decal Kit1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00

1520 eHydro 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.001795 Less Loader 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.002005 Open Station with Deluxe

Seat1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00

2650 Less Radio 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.004061 Less iMatch Quick Hitch

Category 11 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00

5090 Less Wheel Spacer 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.005243 44x18-20 (4PR, R3 Turf, 1

Position)1 $ -485.00 18.00 $ -87.30 $ -397.70 $ -397.70

6243 27x10.50-15 (4PR, R3 Turf, 2 Position)

1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00

Standard Options Total $ -485.00 $ -87.30 $ -397.70 $ -397.70Dealer Attachments/Non-Contract/Open Market

BLV10441 Front Weight Bracket Extension Kit

1 $ 262.90 18.00 $ 47.32 $ 215.58 $ 215.58

LVU32113 Quik-Tatch Weight, 70 lb (32 kg)

5 $ 99.00 18.00 $ 17.82 $ 405.90 $ 405.90

BLV10050 4th and 5th Selective Control Valve Kit (OOS Only)

1 $ 918.50 18.00 $ 165.33 $ 753.17 $ 753.17

Dealer Attachments Total $ 1,280.40 $ 230.47 $ 1,374.65 $ 1,374.65


Selling Equipment

Confidential




$ 0.00 $ 0.00 $ 0.00


JOHN DEERE Z920M ZTrakEquipment Notes: Hours:Stock Number:Contract: Sourcewell Grounds Maintenance 062117-DAC


Suggested List *$ 10,719.00Selling Price *

$ 8,253.63


AmountContract


Price2145TC Z920M ZTrak 1 $ 10,449.00 23.00 $ 2,403.27 $ 8,045.73 $ 8,045.73

Standard Options - Per Unit001A United States/Canada 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.001036 24x12x12 Pneumatic Turf

Tire for 54 In. and 60 In. Decks

1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00

1502 54 In. Side Discharge Mower Deck

1 $ 270.00 23.00 $ 62.10 $ 207.90 $ 207.90

2091 Deluxe Comfort Seat with Armrests (24" High Back)

1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00

Standard Options Total $ 270.00 $ 62.10 $ 207.90 $ 207.90


$ 0.00 $ 0.00 $ 0.00


BOT AGENDA012820 Page 1



630-368-5000


of January 28, 2020

SUBJECT: Contract Amendment – Mosquito Abatement Services

FROM: Rania Serences, Senior Purchasing Assistant

BUDGET SOURCE/BUDGET IMPACT: $70,905.00 in Mosquito Control (312-73300)

RECOMMENDED MOTION: I move that the Village Board waive bidding and approve a contract amendment with Clarke Environmental Mosquito Management, Inc., Roselle, Illinois, in the amount of $212,715.00 ($70,905.00 for 2020, $70,905.00 for 2021 and $70,905.00 for 2022) for mosquito abatement services, and approve Resolution 1852.

Background/History: At the January 24, 2017 meeting, the Village Board approved a contract amendment with Clarke Environmental Mosquito Management, Inc. (Clarke). Also, at the April 8, 2014 meeting, the Village Board awarded a three year contract to Clarke for mosquito abatement services. Staff conducted the bid process both in March 2011 and 2014 and Clarke was the sole responsive and responsible bidder. There is no price increase for the term of the contract extension (see attached letter from Clarke). Clarke has held the mosquito abatement services contract with the Village for many years and staff is extremely satisfied.

The major services include: 1. Installation and maintenance of light traps to evaluate adult mosquito activity.2. Inspection and treatment of known and potential breeding sites.3. Staffing an 800 mosquito hotline.4. Helicopter and backpack barrier treatment to areas with limited access.5. Village-wide Ultra-Low Volume aerosol misting for adult mosquito populations.

ITEM 6.C.2

BOT AGENDA012820 Page 2

Currently, Village staff conducts the treatment of catch basins in-house and will continue to do so. Recommendation: That the Village Board waive bidding and approve a contract amendment with Clarke Environmental Mosquito Management, Inc., Roselle, Illinois, in the amount of $212,715.00 ($70,905.00 for 2020, $70,905.00 for 2021 and $70,905.00 for 2022) for mosquito abatement services, and approve Resolution 1852.

（町

Mr. Doug Patchin & Mr. Rick ValentVillage of Oak Brook

3003 Jorie Blvd.

Oak Brook, lt 60523

Dear Mr. Patchin & Mr. Valent,

Clarke Environmental Mosquito Management, lnc. (Clarke) hereby agrees to continue toprovide the professional mosquito control services to the Village of Oak Brook for 2020-

2022 in accordance with the terms in effect under 2014 agreement. The price for the 2020-

2022 seasons shall be held at the 2014 agreement level of 570,905.00. Any new areas or

services may be added at the prorated cost in effect at the time.

As your committed partner in mosquito control, we thank you for the opportunity tocontinue to provide services to the Village of Oak Brook,

lf you have questions regarding any aspect of your contract or services, please feel free tocontact me at 18471421-9L17.

Best Wishes,

't-:-)/

Lrt '/berg

,{, l-+t-mDate

CtOfl{(9 A Global Environmentat Proctucts anct serv,ces company

THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS

RESOLUTION 2020-PW-MSQTO-ABATE-AG-R-1852

A RESOLUTION APPROVING THE WAIVER COMPETITIVE BIDDING AND AUTHORIZING A SECOND AMENDMENT TO THE CONTRACT BY AND BETWEEN THE VILLAGE OF OAK

BROOK AND CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC. TO PROVIDE MOSQUITO ABATEMENT

SERVICES


JOHN BAAR



ASIF YUSUF

Village Board



Resolution 2020-PW-MSQTO-ABATE-AG-R-1852 Second Amendment to Contract Mosquito Abatement Services

Page 2 of 3

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RESOLUTION 2020-PW-MSQTO-ABATE-AG-R-1852

A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING A SECOND AMENDMENT TO THE CONTRACT

BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC.

TO PROVIDE MOSQUITO ABATEMENT SERVICES

WHEREAS, Staff conducted bid processes in 2011 and 2014 for mosquito abatement services and Clarke Environmental Mosquito Management, Inc. (“Clarke”) was the sole responsive and responsible bidder; and

WHEREAS, the Village Board awarded a three-year contract (“Contract”) in 2014 to Clarke for

mosquito abatement services ("Services"); and WHEREAS, the Village Board approved an amendment to the 2014 contract in 2017; and WHEREAS, Clarke has provided satisfactory services to the Village for many years; and WHEREAS, the term of the Village’s current amendment terminates in April, 2020; and WHEREAS, Staff desires to waive competitive bidding and amend the Contract a second time to

extend its term through April, 2022; and

WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to so waive competitive bidding and approve the Second Amendment to the Contract 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: Waiver of Competitive Bidding Requirements. The advertising and bidding requirements for the Contract for Services shall be, and they are hereby, waived in accordance with Section 1-7-4 of the Village Code.

Section 3: Approval of the Second Amendment to the Contract. The President and Board of Trustees hereby approve the Second Amendment to the Contract by and between the Village and Clarke for Mosquito Abatement Services in a final form acceptable to the Manager and the Village Attorney, subject to the appropriation by the President and Board of Trustees of sufficient funds for the performance of the Services in each fiscal years. Section 4: Authorization and Execution of the Second Amendment to the Contract. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the final Second Amendment to the Contract on behalf of the Village in a final form acceptable to the Village Manager and the Village Attorney.

Section 5: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law.

Resolution 2020-PW-MSQTO-ABATE-AG-R-1852 Second Amendment to Contract Mosquito Abatement Services

Page 3 of 3

3

APPROVED THIS 28th day of January, 2020 Gopal G. Lalmalani Village President

PASSED THIS 28th day of January, 2020

Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk

EXHIBIT A

SECOND AMENDMENT

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REG BOT 012820 Agenda Item 6.C.3 - 616 Enterprise-Sign Var ord memo.doc Page 1

ITEM 6.C.3 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER


630-368-5000


of January 28, 2020

SUBJECT: 616 Enterprise Drive – Sign Variations to Permit a Wall Sign FROM: Tony Budzikowski, AICP, Development Services Director BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance S-1594, which approves sign variations to Sections 13-11-10C.8 and 13-11-10E.4 of the Zoning Ordinance to permit and allow a 96 square foot wall sign above the roofline and centered on the HVAC screening on the north building façade that includes two (2) lines of text and a company logo for the property located at 616 Enterprise Drive. Background/History: At the January 14, 2020 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of sign variations to Sections 13-11-10C.8 and 13-11-10E.4 of the Zoning Ordinance to permit and allow a 96 square foot wall sign above the roofline and centered on the HVAC screening on the north building façade that includes two (2) lines of text and a company logo for the property located at 616 Enterprise Drive. A copy of the ordinance has been provided for review and reference purposes. Recommendation: Approve Ordinance S-1594

THE VILLAGE OF OAK BROOKCOOK AND DUPAGE COUNTIES, ILLINOIS

ORDINANCENUMBER 2020-ZO-V-EX-S-1594

AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13-11-10C-8 and 13-11-10E.4 OF TITLE 13 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO A WALL SIGN FOR THE PROPERTY

LOCATED AT 616 ENTERPRISE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS


JOHN BAAR PHILIP CUEVAS

MICHAEL MANZO MOIN SAIYED

EDWARD TIESENGA ASIF YUSUF

Village Board


on this the 28th day of January, 2020

ORDINANCE 2019-ZO-V-EX-S-1594

AN ORDINANCE GRANTING A VARIATION FROM PROVISIONS OF

SECTION 13-10C.8 AND 13-11-10E.4 OF TITLE 13 (“ZONING REGULATIONS”)

OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK

RELATIVE TO A WALL SIGN FOR THE PROPERTY LOCATED AT

616 ENTERPRISE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS

PIN: 06-24-305-008

WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois;

WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11-13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observingthose regulations for the use, construction, or alteration of buildings or structures or the use of land;

WHEREAS, the property owner has requested a variance from the certain provisions of the Village of Oak Brook Zoning Ordinance as described herein;

WHEREAS, a petition has been submitted by HBK Engineering with the authorization of Teamwork Investments, LLC, the Property Owner (hereinafter referred to as the “Owner”), of the property located at 616 Enterprise Drive, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) requesting approval of variations from Section 13-11-10C.8 and 13-11-10E.4 to permit a wall sign constructed above the roofline and centered on theHVAC screening of the north façade that includes two lines of text and a company logo (hereinafter referredto as the “Variation”);

WHEREAS, the Village of Oak Brook Zoning Board of Appeals on December 3, 2019 held a public hearing to consider the petitioner’s request and to hear testimony on the proposal and as a result of said hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook;

WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request to be reasonable in that the requested variation is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Regulations applicable to zoning variances and made positive findings of fact in support of said variance;

WHEREAS, the Zoning Board of Appeals recommends approval of the petitioner’s request by the Board of Trustees of the Village of Oak Brook;

WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the requested Variation has no detrimental impact on the health, welfare or safety of the public in general and finds that the petitioner has met his burden in demonstrating the grounds for the requested variation; and

WHEREAS, the corporate authorities of the Village of Oak Brook find that the petitioner has demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations.

NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:

Ordinance 2020-ZO-V-EX-S-1594 616 Enterprise Drive - Variation

PIN: 06-24-305-008 Page 2 of 8

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Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings.

Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth herein, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows:

Variation to Sections 13-11-10C.8 and 13-11-10E.4 of the Oak Brook Zoning Regulations to permit a wall sign constructed above the roofline and centered on the HVAC screening of the north façade that includes two lines of text and a company logo on the property commonly referred to as 616 Enterprise Drive, Oak Brook, Illinois. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions:

A. Substantial Conformance with Plans. The Wall Sign will be constructed in substantial conformance with the plans prepared by Olympik Signs dated October 24, 2019 attached hereto and incorporated herein collectively as Exhibit B.

B. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this, or subsequent, Ordinances.

C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations, as amended.

D. Previously Approved Variations and Special Use. All other provisions of any approved special use or variation previously approved for the Property shall remain in full force and effect unless specifically changed by this Ordinance.

Section 4. Failure to Comply with Conditions.

A. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted herein, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void.

B. Any person violating the terms and conditions of this ordinance shall be subject to a fine not exceeding $1,000.00 with each day that a violation is allowed to exist constituting a distinct and separate offense. In addition, the Village of Oak Brook may take whatever action it deems appropriate to enforce the terms of this ordinance including an action for injunction. All attorneys’ fees and costs incurred by the Village of Oak Brook in enforcing this ordinance shall be paid by the violator.

Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions

contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner of all or any portion of the Property.


PIN: 06-24-305-008 Page 3 of 8

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Section 6. Effective Date.

A. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. and

B. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("Unconditional Agreement and Consent") to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.

Section 7. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.

Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict.

Section 9. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code.

Section 10. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook.

APPROVED THIS 28th day of January, 2020. Gopal G. Lalmalani Village President PASSED THIS 28th day of January, 2020.

Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk


PIN: 06-24-305-008 Page 4 of 8

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Exhibit A

Legal Description LOT 2 IN OAK BROOK DEVELOPMENT CO’S ASSESSMENT PLAT NUMBER 4, IN THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 14, 1967 AS DOCUMENT R67-30610, IN DUPAGE COUNTY, ILLINOIS PIN: 06-24-305-008 Commonly known as: 616 Enterprise Drive Oak Brook, Illinois


PIN: 06-24-305-008 Page 5 of 8

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Exhibit B

Site Plan and Building Elevations

Good Morning Dan,

Please make the following changes/notes on the drawing:

*Please show on the sign plan detail the calculated Square footage of the proposed sign - What color is the Backer panel, blue? *Cleary state that the color of the panel is a PMS BLUE & that is b/c of their corporate logo*Note that the color of the façade of the building where the sign is being placed is a dark gray

Thanks,Robby

Page K.


PIN: 06-24-305-008 Page 6 of 8

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Exhibit C

Unconditional Agreement and Consent WHEREAS, a petition has been submitted by HBK Engineering with the authorization of Teamwork Investments, LLC, the Property Owner (“Owner”), for the property located at 616 Enterprise Drive, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein ( hereinafter referred to as the “Subject Property”), requesting a Variation to Sections 13-11-10C.8 and 13-11-10E.4 (hereinafter referred to as the “Variation”) of the Zoning Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to permit a wall sign constructed above the roofline and centered on the HVAC screening of the north façade that includes two lines of text and a company logo on the Subject Property; WHEREAS, Ordinance No. 2020-ZO-V-EX-S-1594, adopted by the President and Board of Trustees of the Village of Oak Brook on January 28, 2020 grants approval of the Variation subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until Owner files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance. NOW, THEREFORE, Owner does hereby agree and covenants as follows: 1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,

conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges that: (i) public notices and hearings have been properly given and held

with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the Variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.

3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for

any damages or injuries that may be sustained as a result of the Village’s issuance of any permits for the use of the Property, the construction of the New Residence and that the Village’s issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time.

4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village’s

corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the operation and use of the Property, or the Village’s adoption of the Ordinance.

5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running

with the land and shall be binding upon and inure to the benefit of the Owner and his heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent Owners of the Property, or any portion thereof, and all persons claiming under him to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right.


PIN: 06-24-305-008 Page 7 of 8

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6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled

except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, Owner executed this Unconditional Agreement and Consent on this ____ day of

__________, 20____.

Owner: ___________________________________ Teamwork Investments, LLC State of Illinois ) ) County of DuPage ) I, ____________________________ a Notary Public in and for the County and State aforesaid do

hereby certify that ____________________ personally known to me, and that he appeared before me this

_____ day of _________________, 2020 and acknowledged that he personally executed this instrument.

___________________________________ (SEAL) Notary Public


PIN: 06-24-305-008 Page 8 of 8

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Exhibit 1

Legal Description LOT 2 IN OAK BROOK DEVELOPMENT CO’S ASSESSMENT PLAT NUMBER 4, IN THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 14, 1967 AS DOCUMENT R67-30610, IN DUPAGE COUNTY, ILLINOIS PIN: 06-24-305-008 Commonly known as: 616 Enterprise Drive Oak Brook, Illinois


of January 28, 2020

SUBJECT: Award of Contract - Golf Bar/Equipment Renovations


BUDGET SOURCE/BUDGET IMPACT: Golf Club General Operations (831) - $189,071

RECOMMENDED MOTION: I move for passage of Resolution 2020-SC-Golf-Bar-Equip-R-1853, and that the Village Board waive the bidding process and award a contract toChicago Bar Shop, Chicago, Illinois, in the not to exceed amount of $189,071, for the designand build out of a bar which would include all of the necessary bar equipment and kegstorage area

Background/History: Staff recommends that the Village Board awards a contract in the not to exceed amount of $189,071, to Chicago Bar Shop, Chicago, Illinois, for providing equipment, design, and construction of a bar. After many meetings staff is recommending the placement of the bar next to the kitchen operation to save on future staffing needs and to better serve our customers anytime of the day. Its position also helps with all of the utilities that will be needed, plumbing, electrical etc. This will be the third phase of our 3 year strategic golf clubhouse infrastructure improvements. The first two phases were very successful and very budget conscience. Both of those phases were payed for by end users using the surcharge fund. At this time staff feels we can stay within our surcharge balance of approximately $350,000. The improvements will include total renovations of our lounge area which will include adding a bar that will be able to service our patio as well, a conversational fireplace area, door, window and trim replacement, ceiling enhancements with additional modern lighting. New flooring and furniture throughout will also be done. We feel adding the bar element will be two fold. One it will clean up how food and beverages will be ordered taking the pressure off the current flow and sometimes very crowded window area. Second we felt by adding the bar element it will pave the road for more usage whether it’s increased dining hours or private parties the bar will give us a professional means of servicing our customers.

Recommendation: I move that the Village Board award a contract to Chicago Bar Shop, Chicago, Illinois, for $189.071 for golf clubhouse bar equipment purchase, design and build out.

sc

ITEM 6.C.4

we BIDDATE: 1/19/2020

INVOICE # 200117

921 W Armitage Ave

Chicago, IL 60614

Phone: 312-473-2277

CUSTOMER SHIP TOOak Brook Golf Course 2606 York Road Oak Brook, IL 60523

REQUISITIONER SHIP VIA F.O.B. SHIPPING TERMS

ITEM # DESCRIPTION QTY UNIT PRICE TOTAL0.00

1 Front and Back Bar 1 75,000.00 75,000.00

0.00

2 Bar Equipment and Walk-In Cooler 1 40,071.15 40,071.15

0.00

3 General Contractor Estimate 1 73,000.00 73,000.00

(Plumbing, Electrical, Carpentry, Walls) 0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

[42] SUBTOTAL $188,071.15

Other Comments or Special Instructions TAX RATE 0.00%TERMS:Down payment of 50% of the contract price is due at time of receipt of order.Balance due at time of delivery.If this contract is not installed by Chicago Bar Shop, balance must be paid full by time of delivery.Work in progress cannot be changed without a written change order.All architectural woodwork is guaranteed for a period of one year.

TAX

Freight $1,000.00

TOTAL $189,071.15Payment

Balance:Please Pay Now:

Estimate01/17/2020

Project: From:Oak Brook Golf Club ‐ Chicago BarShop2606 York RdOak Brook, IL 60523

Stuever & Sons, Inc.Tim Stuever22w010 ByronAddison, IL 601016303078787 6306882165 (Contact)

Job Reference Number: TIMAQ787

Item Qty Description

1 SCOPE: WALK‐IN COOLER INSTALLED IN BASEMENT. LINES RAN THOUGH CART ROOM UP TO NEW TAP AREA. TANK OF CO2 REQUIRED FOR MOST BEERS. TANK OF 75/25 BEER GAS FOR GUINNESS.

2 1 ea WALK IN COOLER, REMOTEU.S. Cooler Model No. 6X8X6'7 LED 4' cooler / freezer light fixture Kason part# 1810LC4000 CA Prop 65. Walk‐In Cooler: 8'‐0" X 6'‐0" X 6'‐7" ‐ 4" urethane, stucco embossedgalvalume 26 gauge exterior, stucco embossed galvalume 26 gaugeinterior, nsf approved. *NOTE* No floor Door, 34 in. X 68 in.; med temp inside, without floor, Vert‐Ergo handle,LED light, LED thermometer switch, door closure and adjustablespring‐loaded hinges, hinge right 2' 0'' from left corner on front lengthwall , with U.S. Cooler Logo 1/8" Exterior Kick plate for 34" door, 32" high. (includes exterior doorframe legs) 1/8" Interior Kick plate for 34" door, 32" high. Cooling Unit Promo Test Assembly, packaging, and handling ‐ 4' x 4' Skid

ITEM TOTAL: $4,829.023 1 ea REFRIGERATION COMPONENTS

United Refrigeration Model No. 2/3HP COPE C/U 2/3HP EMT R404A 208‐230/1 W/REC

1 ea EVAP TRENTON PRE‐ASSEM EVAP W/PSC M/T R404A 115V ***** for usewith R404A ONLY ***** Includes the following mounted and wired ‐ TXV

Oak Brook Golf Club ‐ Chicago Bar ShopInitial: ______

Page 1 of 6


‐ Liquid Line Solenoid ‐ Thermostat Dimensions: 30‐1/4" W x 15" D x 15‐7/8" H Capacity (+20F SST / 10F TD): 5,500 BTUH, 950 CFM Connections: 3/8" IDS Liquid, 5/8 IDS Suction Drain fitting: 3/4 MPT/FL Total amps: PSC motor 1.0 (100w) Shipping weight: 47 lbs

ITEM TOTAL: $1,765.434 1 ea DRAFT BEER / WINE DISPENSING TOWER

Micro Matic USA Model No. METRO‐T‐8PSSKR Metropolis "T" Draft Beer Tower, countertop, 24"W x 16"H, glycol‐cooled (Kool‐Rite™ integrated module), (8) 304 stainless steel faucets(handles not included), 2‐1/2" OC, 12" faucet clearance, 304 stainlesssteel product lines & leak‐proof shanks, includes cooling block &copper coolant lines, mounting gaskets & hardware provided, 4" dia.column with 6" dia. base, polished stainless steel finish, NSF

1 ea 1 year parts & labor warranty, standardITEM TOTAL: $1,155.76

5 1 ea DRIP TROUGHMicro Matic USA Model No. DP‐MET‐T‐24GR‐Z Drip Tray Trough, surface mount, 24"W x 8‐1/2"D, integral glass rinser(NSF‐certified), perforated stainless steel screen, 5/8" O.D. drain,includes cutout for Metropolis "T" draft tower, stainless steelconstruction

1 ea 1750352C In‐Line Water Regulator, 15 PSI1 ea WD‐025 3/8" In‐line Flow Control Shut Off1 ea PI451214FS John Guest 3/8" x 1/2" BSP Fitting1 ea 1238‐055 John Guest 3/8" Stem x 3/8" Barb Elbow

ITEM TOTAL: $427.696 50 ea BEVERAGE TRUNK HOUSING

Micro Matic USA Model No. CDI642‐BF Barriermaster Flavorlock Trunk Line, 1/4" I.D., (6) products with (2)glycol lines, color‐coded tubing, aluminum foil cold transfer wrap, NSF

Footage may change upon final bar location.ITEM TOTAL: $618.00

7 4 ea COOLER EQUIPMENTStuever and Sons Model No. STU‐2FLOPAC 2‐way pump panel. Includes regulator, fob, beer drop, air drop, beerpump and all stainless fittings

ITEM TOTAL: $2,300.008 8 ea DRAFT BEER SYSTEM PARTS

Micro Matic USA Model No. 7485BS D System Keg Coupler, chrome‐plated brass body & 304 stainless steelprobe, black

ITEM TOTAL: $289.36

Stuever & Sons, Inc. 01/17/2020


Page 2 of 6


9 1 ea DRAFT BEER SYSTEM POWER PACKMicro Matic USA Model No. MMPP4301 Pro‐Line™ Draft Beer System Power Pack, air‐cooled, 30"W x 18"D x 27‐3/4"H, (1) 80 gph vane circulating pump with 1/3 HP motor, 11.5 galloncapacity glycol bath with exterior sight glass, digital thermostat,insulated cabinet with cover, R134a, 2,300 BTU, 1/3 HP compressor,115v/60/1‐ph, 12.1 amps, NEMA 5‐15P, cETLus

1 ea 18 months on parts & one (1) year on labor. The compressor & startcomponents are warrantied for an additional three & one‐half (3‐1/2)years, standard

ITEM TOTAL: $1,960.7610 4 ea DRAFT BEER SYSTEM PARTS

Micro Matic USA Model No. 60703 Polar Flo Propylene Glycol ‐ 1 Gallon

ITEM TOTAL: $151.8011 1 ea CO2 REGULATOR

Micro Matic USA Model No. 942 Soft Drink Regulator ‐ CO2 Primary ‐ Operating Pressure 110 MAX

ITEM TOTAL: $80.5012 1 ea CO2 REGULATOR

Micro Matic USA Model No. 942 Soft Drink Regulator ‐ CO2 Primary ‐ Operating Pressure 110 MAX

ITEM TOTAL: $80.5013 1 ea DRAFT BEER SYSTEM PARTS

Micro Matic USA Model No. IK‐4A Dispense System Mini‐Installation Kit, 1/4", glycol cooled, includes: 20‐ stepless clamps (105SL) 20 ‐ stepless clamps (140SL) 20 ‐ single earclamps (1314) 30 ‐ single ear clamps (1317) 10 ‐ 1/4" stainless steeltailpiece (526BS‐304) 10 ‐ stainless steel splicer 1/4" x 1/4" (SSS‐B2) 2 ‐stainless steel elbow 3/8" x 3/8" (SSE‐C2) 12 ft ‐ pre‐wrapped glycollines (CDI‐GLY‐2) 1 ‐ 2" foam installation tape (ES‐IT30)

ITEM TOTAL: $155.2514 1 ea EQUIPMENT STAND

Micro Matic USA Model No. PPR‐362448 Power Pack Rack, 36"W x 24"D x 48"H, (2) fixed shelves (1500 Lb.capacity per shelf), welded aluminum construction, 1‐1/2" squaretubular uprights & cross braces, adjustable feet, NSF (fully assembled)One shelf for glycol. One for cooler refrigeration

ITEM TOTAL: $327.75



Page 3 of 6


15 2 ea BACK BAR CABINET, REFRIGERATEDMicro Matic USA Model No. MBB94GS‐E Pro‐Line™ E‐Series™ Refrigerated Back Bar Cabinet, three‐section, 95‐1/2"W, self‐contained refrigeration, (39.2) cu ft. interior capacity, (3)hinged glass doors with locks, (2) flat shelves & (4) divider shelves,adjustable digital thermostat, interior lighting, front ventilated,automatic condensate evaporator, stainless steel interior walls &floor, stainless steel top & exterior, R134a, 1/3 HP, 115v/60/1‐ph, 6.5amps, NEMA 5‐15P, cETLus, ETL‐Sanitation, ENERGY STAR®

2 ea Micro Matic Pro Line Warranty: 3 years parts & labor, 5 yearcompressor warranty (parts only), standard (All warranty work ishandled through Micro Matic certified Service Agents)

2 st CAS‐36CH Channel Bar Set, for models up to MDD94, (3) channel bars25‐1/4" long x 3"W, (2) 3" diameter wheels per channel, (1) lockingwheel per channel, 4" mounted height, 1/2"‐13 mounting bolt thread,includes: bolts, washers, locking washers

<Alternate>

ITEM TOTAL: $9,142.54D1 1 ea NA

Custom Model No. NA Trash Receptacle Placeholder

D2 2 ea BLENDER STATIONKrowne Metal Model No. KR18‐18BD Royal 1800 Series Underbar Blender Station, with dump sink, 18"W x24"D (to match speedrail depth), 7" deep sink bowl, 4" O.C splashmount Royal Series faucet with swing spout, 9"D recessed blendershelf with utility box mounted underneath (GFCI receptacle required),stainless steel construction, stainless steel legs with adjustable plasticbullet feet, NSF

2 ea 6‐1/2" High Backsplash, standard2 ea 30‐160 Perforated Basket, 6" deep, for 10" x 14" & 10" x 12" dump

sinks, plastic2 ea KR‐311 Royal Series Side Splash, left side

ITEM TOTAL: $1,612.56D3 1 ea ICE BIN

Krowne Metal Model No. KR18‐24‐10 Royal 1800 Series Underbar Ice Bin/Cocktail Unit, built‐in 10‐circuitcold plate, 24"W x 19"D O.A., 80‐lb capacity, 12" deep stainless steelbin liner, 1/2" drain, includes bottle wells, stainless steel top, front, &sides, stainless steel legs with adjustable plastic bullet feet, NSF

1 ea 6‐1/2" High Backsplash, standard1 ea SC24F Underbar Ice Bin Cover, full, for 24"W ice bin without bottle

wells, stainless steel1 ea RS‐24 Royal Series Single Speed Rail, built‐in, 24"W x 5"D, sound

deadened bottom, stainless steel construction, NSFITEM TOTAL: $1,310.83

D4 3 ea DRAINBOARD



Page 4 of 6


Krowne Metal Model No. KR18‐GS24 Royal 1800 Series Underbar Drainboard, free standing, 24"W x 19"D,embossed top with 1" drain, stainless steel construction, stainlesssteel legs with adjustable plastic bullet feet, NSF

3 ea 6‐1/2" High Backsplash, standard3 ea RS‐24 Royal Series Single Speed Rail, built‐in, 24"W x 5"D, sound


D5 1 ea UNDERBAR SINK UNITSKrowne Metal Model No. KR18‐63C Royal 1800 Series Underbar Sink Unit, three compartment, 72"W x19"D, 10" wide x 14" front‐to‐back x 10" deep compartments, 18"embossed drainboards on left & right, splash mount Royal Seriesfaucet with swing spout (low lead compliant), apron on front & sides,(3) removable overflow standpipes, stainless steel construction,stainless steel legs with adjustable plastic bullet feet, NSF

1 ea 6‐1/2" High Backsplash, standardITEM TOTAL: $1,245.11

D6 1 ea ICE BINKrowne Metal Model No. KR18‐36‐10 Royal 1800 Series Underbar Ice Bin/Cocktail Unit, built‐in 10‐circuitcold plate, 36"W x 19"D O.A., 115‐lb capacity, 12" deep stainless steelbin liner, 1/2" drain, includes bottle wells, stainless steel top, front, &sides, stainless steel legs with adjustable plastic bullet feet, NSF

1 ea 6‐1/2" High Backsplash, standard1 ea SC36F Underbar Ice Bin Cover, full, for 36"W ice bin without bottle

wells, stainless steel1 ea RS‐36 Royal Series Single Speed Rail, built‐in, 36"W x 5"D, sound


D? 1 ea HAND SINKKrowne Metal Model No. KR18‐12DST Royal 1800 Series Underbar Hand Sink Unit, free standing, 12"W x 24"Dx 36‐1/2"H O.A. (to match speedrail depth), 10"W x 12"D front‐to‐backx 7" deep sink bowl, 4" OC splash mount Royal Series faucet withswing spout (low lead compliant), built‐in soap & towel dispenser,stainless steel construction, stainless steel legs with adjustable plasticbullet feet, NSF

1 ea 6‐1/2" High Backsplash, standardITEM TOTAL: $728.64



Page 5 of 6

Merchandise $31,038.10Freight $750.00CoolerInstallation $1,450.00

RefrigerationInstallation $1,800.00

Beer SystemInstallation andEqupmentdelivery

$2,550.00

Tax 8% $2,483.05Total $40,071.15

Acceptance: Date:Printed Name:

Labor is an early estimate. May slightly change upon final billingBar equipment is deliver and set in place. All final connections by others. By Others:All Electrical RequirementsAll Plumbing RequirementsAll Permit RequirementsDumpster or Trash Removal50% Deposit on Acceptance50% on Completion I have authority to order the work outlined above. I agree that Seller retains title to equipment/materialsfurnished until final payment is made. IF payment is not made as agreed, Seller can remove saidequipment/materials at Seller's expense. Any damage resulting from said removal shall not be theresponsibility of the seller.



Page 6 of 6


RESOLUTION 2020-SC-GOLF-BAR-EQUIP-CNTRCT-R-1853

A RESOLUTION WAIVING COMPETITIVE BIDDING AND APPROVING AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE PURCHASE AND INSTALLATION OF GOLF BAR/EQUIPMENT BY AND BETWEEN THE VILLAGE OF

OAK BROOK AND CHICAGO BAR SHOP


JOHN BAAR



ASIF YUSUF

Village Board



Resolution 2020-SC-GOLF-BAR-EQUIP-CNTRCT-R-1853 CONTRACT WITH CHICAGO BAR SHOP

Page 2 of 3

RESOLUTION 2020-SC-GOLF-BAR-EQUIP-CNTRCT-R-1853

A RESOLUTION WAIVING COMPETITIVE BIDDING AND APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE AND INSTALLATION OF GOLF

BAR/EQUIPMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND CHICAGO BAR SHOP

WHEREAS, the Village is seeking to undertake renovations at the golf clubhouse bar area including the design, building and delivery of bar equipment and walk-in cooler (the “Work”); and

WHEREAS, after reviewing companies offering such services, Village staff recommended the Village contract with Golf Bar Shop due to their ability to perform the Work and Chicago Bar Shop’s superior reputation for providing high-quality workmanship; and

WHEREAS, Village staff recommends waiver of competitive bidding for the project in order to

ensure the Work meets the requirements of the Village including the requirements associated with a golf bar; and

WHEREAS, funding for the Work is being paid for out of the golf improvement fund paid for by

end users; and WHEREAS, pursuant to Section 1-7-4A of the Oak Brook Village Code, the Village has authority

to waive competitive bidding by a vote of two-thirds (2/3) of the village trustees then holding office; and WHEREAS, based on the recommendation of Village staff, the information provided, and

following due consideration and review;

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: Waiver of Competitive Bidding. The Board of Trustees authorizes the adoption of this Resolution without the need for competitive bidding. Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Chicago Bar Shop in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 4: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement fully executed by Chicago Bar Shop.



Resolution 2020-SC-GOLF-BAR-EQUIP-CNTRCT-R-1853 CONTRACT WITH CHICAGO BAR SHOP

Page 3 of 3


REVI■W OF CONTRACTS

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Date/1nitia:s

Date/1nitiais・申

vlllage ofoak Erook I Approved by Boa.d of Trustees, Date/lnltlalr:_

/


Of January 28, 2020

SUBJECT: Award of Contract - Golf Clubhouse Lounge Renovation Project


BUDGET SOURCE/BUDGET IMPACT: Golf Club General Operations (831) - $57,500

RECOMMENDED MOTION: I move for passage of Resolution 2020-SC-Golf-LNGE-CNTRCT-R-1854 and that the Village Board waive the bidding process and award a contract to Nu Vision, Inc., Elmhurst, Illinois, in the not to exceed amount of $57,500 for the Golf Clubhouse Lounge Renovation Project.

Background/History:

Staff recommends that the Village Board award a contract in the not to exceed amount of $57,500 to Nu Vision, Inc., Elmhurst, Illinois, for providing construction services inside our clubhouse. The improvements consist of total renovation of our lounge area which will include adding a bar that will be able to service our patio as well, a conversational fireplace area, door, window and trim replacement, moving interior walls, ceiling enhancements with additional modern lighting. New flooring and furniture will be replaced throughout. They are also required to work with bar installers as needed. This will be the third phase of our 3 year strategic golf clubhouse infrastructure improvements. The first two phases were very successful and very budget conscience. Both of those phases were payed for by end users using the surcharge fund. At this time staff feels we can stay within our surcharge balance of approximately $350,000.

Recommendation:

That the Village Board waive the bidding process and award a contract to Nu Vision, Inc., Elmhurst, Illinois, in the not to exceed amount of $57,500 for the Golf Clubhouse Lounge Renovation Project, and approve Resolution R-1854.

sc

ITEM 6.C.5


COOK AND DUPAGE COUNTIES, ILLINOIS

RESOLUTION

2020-SC-GOLF-LNGE-CNTRCT-R-1854

A RESOLUTION WAIVING COMPETITIVE BIDDING AND APPROVING AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE GOLF CLUBHOUSE LOUNGE RENOVATION PROJECT BY AND BETWEEN THE VILLAGE OF

OAK BROOK AND NU VISION, INC.


JOHN BAAR



ASIF YUSUF

Village Board



2020-SC-GOLF-LNGE-CNTRCT-R-1854 CONTRACT WITH NU VISION, INC.

Page 2 of 3

RESOLUTION 2020-SC-GOLF-LNGE-CNTRCT-R-1854

A RESOLUTION WAIVING COMPETITIVE BIDDING AND APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE GOLF CLUBHOUSE LOUNGE RENOVATION PROJECT

BY AND BETWEEN THE VILLAGE OF OAK BROOK AND NU VISION, INC.

WHEREAS, the Village is seeking to undertake renovations at the golf clubhouse lounge area including adding a bar, conversational fireplace area, door, window and trim replacement, moving interior walls, ceiling enhancements, new flooring, and new furniture (the “Work”); and

WHEREAS, after reviewing companies offering such services, Village staff recommended the Village contract with Nu Vision Inc., due to their ability to perform the Work and Nu Vision’s superior reputation for providing high-quality workmanship; and

WHEREAS, Village staff recommends waiver of competitive bidding for the project in order to

ensure the Work meets the requirements of the Village including the requirements associated with the golf lounge renovations; and

WHEREAS, funding for the Work is being paid for out of the golf improvement fund paid for by

end users; and WHEREAS, pursuant to Section 1-7-4A of the Oak Brook Village Code, the Village has authority

to waive competitive bidding by a vote of two-thirds (2/3) of the village trustees then holding office; and WHEREAS, based on the recommendation of Village staff, the information provided, and

following due consideration and review;

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: Waiver of Competitive Bidding. The Board of Trustees authorizes the adoption of this Resolution without the need for competitive bidding. Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Nu Vision, Inc., in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 4: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement fully executed by Nu Vision, Inc.



2020-SC-GOLF-LNGE-CNTRCT-R-1854 CONTRACT WITH NU VISION, INC.

Page 3 of 3


REVEEW OF CONTRACTS

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S20′000‐ $500′000

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Vlllase of oak Broot I Approved by Board of rruste- - o-ifiiliil"

Surplus012020 Page 1



630-368-5000


of January 28, 2020

SUBJECT: Surplus Property


BUDGET SOURCE/BUDGET IMPACT: N/A

RECOMMENDED MOTION: I move that the Village Board adopt the attached ordinance authorizing the sale of surplus items.

Background/History:

The attached ordinance authorizes the sale of IT equipment from various Departments that have reached the end of their useful lives or have been replaced with newer models.

The Village will register the equipment with iBid, an online auctioneer run by the State of Illinois. If no bids are received through the online auction, any remaining items will then be disposed of properly.

Hard drives and operating systems on the computers have been removed and disposed of separately.

Recommendation: Staff recommends that the Village Board adopt the attached ordinance authorizing the sale of surplus items.

ITEM 6.C.6


ORDINANCE 2020-PP-S-1596

AN ORDINANCE AUTHORIZING THE DONATION AND DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY OWNED BY THE

VILLAGE OF OAK BROOK





Village Board



Ordinance 2020-PP-S-1596 Surplus

Page 2 of 5

ORDINANCE 2020-PP-S-1596 AN ORDINANCE AUTHORIZING THE SALE THROUGH ELECTRONIC

AUCTION OR BROKER AND DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK

WHEREAS, in the opinion of a majority of the corporate authorities, it is no longer necessary or useful or in the best interests of the Village to retain the items of personal property listed below; and WHEREAS, the Village wishes to dispose of said property by sale through electronic auction or disposal; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: The foregoing recitals are incorporated herein as findings of the corporate authorities. Section 2: Pursuant to 65 ILCS 5/11-76-4, the President and Board of Trustees find that the items listed in Exhibit A, now owned by the Village, are surplus property and are no longer necessary or useful to the Village and the best interests of the Village will be served by their sale through electronic auction or disposal. Section 3: Pursuant to 65 ILCS 5/11-76-4, the Village Manager is hereby authorized and directed to dispose of the items by sale through electronic auction, if possible, or disposal if sale is not possible, as designated in Section 2. Section 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 28th day of January, 2020. Gopal G. Lalmalani Village President PASSED THIS 28th day of January, 2020. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk


Page 3 of 5

TYPE BRAND MODEL ASSET TAG S/N

AUDIO AMPLIFIER TOA 700 SERIES AMP A-724 N/A 11 187 02268

COMPUTER DELL OPTIPLEX GX520 N/A 4MM8291 COMPUTER DELL PRECISION T5400 1771 9Q1ZHJ1 COMPUTER DELL OPTIPLEX 780 2024 J3B9QN1 COMPUTER DELL OPTIPLEX 790 2239 5LDDNS1 COMPUTER DELL OPTIPLEX 755 1701 H69BWH1 COMPUTER DELL OPTIPLEX 3020 2615 BW73FZ1 COMPUTER DELL OPTIPLEX 3020 2606 G9XFN22 COMPUTER DELL OPTIPLEX 3020 2608 G95TN22 COMPUTER DELL OPTIPLEX 3020 2610 GBRRN22 COMPUTER DELL OPTIPLEX 3020 2609 GBHFN22 COMPUTER DELL OPTIPLEX 3020 2632 2HOF942 COMPUTER DELL OPTIPLEX 3020 2598 G8YRN22 COMPUTER DELL OPTIPLEX 3020 2637 2HOB942 COMPUTER DELL OPTIPLEX 3020 2576 BWD2FZ1 COMPUTER DELL OPTIPLEX 3020 2636 2HO8942 COMPUTER DELL OPTIPLEX 3010 2413 73FWBY1 COMPUTER DELL OPTIPLEX 3010 2326 H3HOPW1 COMPUTER DELL OPTIPLEX 3010 2408 73DWBY1 COMPUTER DELL OPTIPLEX 3010 2409 73BWBY1 COMPUTER DELL OPTIPLEX 3010 2460 3PCCFZ1 COMPUTER DELL OPTIPLEX 3010 2412 73DTBY1 COMPUTER DELL OPTIPLEX 3010 2343 H3D1PW1 COMPUTER DELL OPTIPLEX 3010 2462 3PD9FZ1 COMPUTER DELL OPTIPLEX 3010 N/A 3PC9FZ1 COMPUTER DELL OPTIPLEX 3010 N/A 3PDBFZ1 COMPUTER DELL OPTIPLEX 3010 N/A 3PBCFZ1 COMPUTER DELL OPTIPLEX 3010 N/A 3PCBFZ1 COMPUTER DELL OPTIPLEX 3010 N/A 3PD8FZ1 COMPUTER DELL OPTIPLEX 3010 2459 3PB9FZ1 COMPUTER DELL OPTIPLEX 3010 2457 3PBBFZ1 COMPUTER DELL OPTIPLEX 3010 2456 3PC8FZ1 COMPUTER DELL OPTIPLEX 755 1705 479BWH1 COMPUTER DELL OPTIPLEX 780 1973 9H57LM1 COMPUTER DELL OPTIPLEX 3010 2333 H3D2PW1 COMPUTER DELL OPTIPLEX 3010 2349 F62QPW1 COMPUTER DELL OPTIPLEX 3010 2351 F62PPW1 COMPUTER DELL OPTIPLEX 3010 2327 H3F2PW1


Page 4 of 5

COMPUTER WYSE Dx0D N/A 9U3DN101439 TABLET APPLE IPAD 2659 DMPNM156GSVJ LAPTOP DELL LATITUDE E5430 2418 79M7SY1 LAPTOP DELL LATITUDE E5431 2346 7ZGY9W1

LAPTOP GENERAL DYNAMICS GD8000 2047 ZZSJC1024ZZ0063






MONITOR DELL P-19OST N/A CN-ORNMH6-74445-O4N-BO1L

MONITOR DELL 1905FP 1395 CN-OT6116-71618-4CL-AKQM MONITOR DELL 1707FPt 1507 CBN-OCC280-71618-682-GBEC MONITOR DELL 1703FPt 1099 CN- 2Y315-71618-486-AFLB MONITOR DELL P19OST 1969 CN-ORNMH6-74445-O4N-B18L MONITOR DELL XXX 1999 MX-OX175R-74262-0810-1TDU MONITOR DELL XXX 2014 MX-O4X6C0-74262-OBI-2GFU MONITOR ELO ET1915 2057 K10L137860 MONITOR ELO ET1916 1586 727428005C MONITOR ELO ET1917 1581 727428122C MONITOR ELO ET1918 1585 727428127C MONITOR ELO ET1919 2058 K10135622 MONITOR ELO ET1920 1577 727428120C MONITOR ELO ET1921 N/A 727428111C MONITOR ELO ET1922 2046 K10LO49657 MONITOR ELO ET1923 2059 K10LO49666 MONITOR ELO ET1924 1579 727428112C MONITOR ACER ACER N/A MMTOWAA00763101CCD2453 MONITOR ELO ET1926 1580 728016032C MONITOR DELL S2409W N/A 9AS-14VU MONITOR DELL S2409W N/A 9AS-15JU MONITOR DELL S2409W N/A 95P-2E2U MONITOR DELL S2409W N/A 95P-2DLU MONITOR DELL S2409W N/A 91K-14KS MONITOR DELL S2409W N/A 95P-2DCU


Page 5 of 5

MONITOR DELL S2409W N/A 95P-2E5U MONITOR DELL S2409W N/A 95P-2E1U MONITOR DELL S2409W N/A 9AS-15PU MONITOR DELL S2409W N/A 9AS-14WU MONITOR DELL S2409W N/A 9AS-15HU MONITOR DELL S2409W N/A 99U-2KDU MONITOR DELL S2409W 1759 95P-2CVU MONITOR DELL S2409W 1749 95P-2D7U MONITOR DELL S2409W N/A 95P-2DAU MONITOR DELL S2409W 1758 95P-2DPU MONITOR DELL S2409W 1766 95P-2DUU MONITOR DELL S2409W 1954 9AS-14YU MONITOR DELL S2409W 1963 9AS-15GU MONITOR DELL S2409W 1956 9AS-153U MONITOR ELO E228WFPC 1532 78G-035S SERVERS IBM 7380-32U N/A KQ602GT SERVERS IBM 7376-AC1 N/A KQ49NKR TV VIZIO VS42LFHDTV10A N/A LJPBQAJ0325590 TV SONY KDL-55BX520 N/A 3016581 TV SONY KDL-55BX520 N/A 3016574 WIFI- ACCESS-POINT CISCO

AIR-CAP15321-A-K9 N/A FTX1901202R

WIFI- ACCESS-POINT CISCO

AIR-CAP15321-A-K9 N/A FTX192620DJ

WIFI- ACCESS-POINT CISCO

AIR-CAP15321-A-K9 N/A FTX1932205A



630-368-5000


of January 28, 2020

SUBJECT: Intergovernmental Agreement and License Agreement Between the Forest Preserve District of DuPage County and Village of Oak Brook Providing for the Construction of Parking Lot Entrance and Trail Improvements Within a Portion of the York Woods Forest Preserve.

FROM: Doug Patchin, Director of Public Works Rick Valent, Public Works Superintendent


RECOMMENDED MOTION: I move that the Village Board approve Resolution R- 1858, an Intergovernmental Agreement and License Agreement Between the Forest Preserve District of DuPage County and Village of Oak Brook Providing for the Construction of Parking Lot Entrance and Trail Improvements Within a Portion of the York Woods Forest Preserve.

Background/History: As part of the York and Harger Intersection Improvements, the Forest Preserve District and Village desire to work cooperatively on the construction and improvements to a parking lot entrance and trail within York Woods Forest Preserve.

This work will improve the existing trail system and provide numerous public benefits, including directly serving the transportation and recreational needs of the region’s residents, linking those individuals to hundreds of acres of public open space, existing trail systems, parks, businesses as well as provide alternative means of transportation for individuals commuting to work, shopping, recreation and other destinations.

Recommendation: That the Village Board approve Resolution R-1858, an Intergovernmental Agreement and License Agreement Between the Forest Preserve District of DuPage County and Village of Oak Brook Providing for the Construction of Parking Lot Entrance and Trail Improvements Within a Portion of the York Woods Forest Preserve.

ITEM 6.C.7


RESOLUTION 2020-PW-FPD-LC-AG-R-1858

A RESOLUTION APPROVING AND AUTHORIZING

AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT

BY AND BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND

THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY


JOHN BAAR



ASIF YUSUF

Village Board



2

RESOLUTION 2020-PW-FPD-LC-AG-R-1858


AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT


THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as “Village”) upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; 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, including other units of local government, 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; WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; WHEREAS, the Forest Preserve District (hereinafter referred to as the “Forest Preserve”) owns certain property commonly known as the York Woods Forest Preserve (hereinafter referred to as “York Woods”); WHEREAS, the Village is responsible for the maintenance of Harger Road and the existing trail within Harger Road and York Road rights-of-way;

3

WHEREAS, the Forest Preserve maintains an existing asphalt multi-purpose trail within York Woods; WHEREAS, the Village and Forest Preserve desire to work cooperatively on the construction of the project generally referred to as the Harger Road Intersection Improvement Project, which includes but is not limited to the parking lot entrance improvements and trail improvements within York Woods (the improvements within York Woods are hereinafter referred to as the "Project”); WHEREAS, the Project will provide numerous public benefits, including (a) directly serving the transportation and recreational needs of the region’s residents; (b) linking those individuals to hundreds of acres of public open space, existing trail systems, parks, businesses; and (c) providing an alternative means of transportation for individuals commuting to work, shopping, recreation and other destinations; WHEREAS, the Parties desire to enter into agreements outlining and defining their respective roles in relation to the completion of the Project; and WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached Intergovernmental Agreement and License Agreement for the purposes referenced herein. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section One – Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two – Approval of Intergovernmental Agreement and License Agreement The Village hereby approves the Intergovernmental Agreement, substantially in the form attached hereto and made a part hereof collectively as Exhibit A, and the License Agreement, substantially in the form attached hereto and made a part hereof as Exhibit B (collectively referred to herein as the (“Agreements”) which authorize the construction of the project generally referred to as the Harger Road Intersection Improvement Project, which includes but is not limited to the parking lot entrance improvements and trail improvements within York Woods. Section Three – Authorization and Direction The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreements, substantially in the form of such agreements attached hereto as Exhibit A and Exhibit B, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreements.

4

Section Four - Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the agreements and of this resolution. Section Seven - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Eight – Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Nine - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Ten – Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eleven – Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Twelve – Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook.

5

APPROVED THIS 28th day of January, 2020 ___________________________________ Gopal G. Lalmalani Village President PASSED THIS 28th day of January, 2020 Ayes: ________________________________________________________________ Nays: ________________________________________________________________ Absent: ________________________________________________________________ ATTEST: ___________________________________ Charlotte K. Pruss Village Clerk

6

Exhibit A

Intergovernmental Agreement

-1- IGA - York Woods Trail Improvements

AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE CONSTRUCTION OF PARKING LOT ENTRANCE AND TRAIL IMPROVEMENTS

WITHIN A PORTION OF YORK WOODS FOREST PRESERVE

THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the “AGREEMENT”) is made and entered into by and between the Forest Preserve District of DuPage County, a body politic and corporate (hereinafter referred to as the “FOREST PRESERVE DISTRICT”) and the Village of Oak Brook, a municipal corporation (hereinafter referred to as the “VILLAGE”). Each of the foregoing are hereinafter sometimes referred to as an “AGENCY” or together as “AGENCIES”.

WITNESSETH:

WHEREAS, the FOREST PRESERVE DISTRICT owns certain property commonly known as the York Woods Forest Preserve (hereinafter “York Woods”); and

WHEREAS, the VILLAGE is responsible for the maintenance of Harger Road and the

existing trail within Harger Road and York Road rights-of-way; and WHEREAS, the FOREST PRESERVE DISTRICT maintains an existing asphalt multi-

purpose trail within York Woods; and WHEREAS, the FOREST PRESERVE DISTRICT and VILLAGE desire to work

cooperatively on the construction of the project generally referred to as the Harger Road Intersection Improvement Project, which includes parking lot entrance improvements and trail improvements within York Woods (the improvements within York Woods are hereinafter referred to as the "PROJECT”); and;

WHEREAS, the VILLAGE is responsible for designing, permitting and constructing the

PROJECT; and WHEREAS, the PROJECT will provide numerous public benefits, including (a) directly

serving the transportation and recreational needs of the region’s residents; (b) linking those individuals to hundreds of acres of public open space, existing trail systems, parks, businesses; and (c) providing an alternative means of transportation for individuals commuting to work, shopping, recreation and other destinations; and

WHEREAS, the VILLAGE has been designated as the lead AGENCY for the PROJECT

with responsibility for coordinating all aspects of the PROJECT and for construction oversight of the PROJECT; and

WHEREAS, the FOREST PRESERVE DISTRICT and VILLAGE have determined that

it is reasonable, necessary and in the public interest and welfare to improve the entrance into and the trail within York Woods, subject to the terms and conditions set forth herein; and

WHEREAS, under Section 6 of the Downstate Forest Preserve Act, 70 ILCS 805/6 (West

1994), the Forest Preserve District of DuPage County Board of Commissioners is authorized “to


grant licenses, easements and rights of way for the construction, operation and maintenances upon, under or across any property of [the] FOREST PRESERVE DISTRICT of facilities for water, sewage, telephone, telegraph, electric, gas or other public service, subject to such terms and conditions as may be determined by [the] FOREST PRESERVE DISTRICT,” and

WHEREAS, the AGENCIES are authorized to enter into this AGREEMENT pursuant to

the provisions of article VII, section 10, of the Illinois Constitution of 1970, which provides in part that units of local government may contract or otherwise associate themselves to “obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance,” and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and,

NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set

forth herein, and in the spirit of intergovernmental cooperation, the AGENCIES agree as follows:

1.0 INCORPORATION OF RECITALS

1.1 The recitals set forth above are incorporated herein and made a part hereof as representing the intent of the AGENCIES and as substantive terms and conditions. To the extent that they may be interpreted as inconsistent with the main body of this AGREEMENT, the main body shall control.

2.0 USE, OCCUPANCY AND IMPROVEMENT

2.1 The FOREST PRESERVE DISTRICT hereby authorizes the VILLAGE to construct the PROJECT within the certain portion of York Woods as depicted in EXHIBIT “A” attached hereto and incorporated herein.

3.0 LICENSE GRANTED

3.1 The FOREST PRESERVE DISTRICT hereby grants a license to the VILLAGE within York Woods on the terms and conditions as provided for in the License Agreement attached hereto and incorporated herein as EXHIBIT “B” (hereinafter referred to as the “LICENSE”), which includes all associated exhibits.

4.0 SCOPE OF WORK

4.1 The VILLAGE shall construct the entrance improvements and the multi-purpose recreational trail (hereinafter the “TRAIL”) at the locations generally depicted in EXHIBIT “A”. The recreational trail design shall conform to the FOREST PRESERVE DISTRICT’S standards and specifications and latest AASHTO Guidelines for the development of bicycle facilities. Implementation of the PROJECT shall be in accordance with the plan drawings, revised dated December 27, 2019, prepared by Civiltech Engineering, Inc. (hereinafter referred to as the “FINAL PLAN”). The FINAL PLAN shall be deemed incorporated herein by reference but without attaching said document hereto due to its size.


4.2 The VILLAGE shall act as the lead agency and be responsible for completing all preliminary and design engineering, awarding of contract(s), permit fees and processing of permit applications, utility coordination, construction engineering and construction for the trail improvements and bear all costs associated with the design, permitting, and construction of the multi-purpose trail.

4.3 Both the VILLAGE and the FOREST PRESERVE DISTRICT agree that the VILLAGE shall manage the contract for the construction of the PROJECT. The VILLAGE agrees to manage the PROJECT in the best interest of the public and to consult with, and keep advised, officials of the FOREST PRESERVE DISTRICT regarding the progress of the PROJECT and any problems encountered or changes recommended.

4.4 Upon completion of the PROJECT, the FOREST PRESERVE DISTRICT shall have the right to conduct a final inspection with the VILLAGE prior to final acceptance. Approval of the final inspection of the PROJECT by the FOREST PRESERVE DISTRICT shall not be unreasonably withheld.

4.5 Prior to final acceptance by the FOREST PRESERVE DISTRICT, the VILLAGE shall submit record drawings and as-built drawings of the PROJECT to the FOREST PRESERVE DISTRICT.

4.6 Immediately following the construction and acceptance of the PROJECT, the FOREST PRESERVE DISTRICT shall be responsible for all maintenance of and repairs to the PROJECT and for all costs and expenses associated therewith, including vegetation management, in perpetuity.

5.0 COOPERATION

5.1 If an AGENCY has reason to believe that a violation of this AGREEMENT has occurred or is occurring, written notice thereof specifying in detail the violation and the facts supporting the claim shall be served upon the AGENCY that allegedly committed or is permitting such violation to occur.

5.2 The AGENCIES agree to act in good faith and to cooperate with each other to resolve any disputes which may arise in the performance of this AGREEMENT.

5.3 In the event an AGENCY is required to institute any legal action or proceeding, whether at law or in equity, to enforce any provision of this AGREEMENT, the prevailing AGENCY in such action or proceeding (as determined by the court) shall be entitled to recover all its costs and expenses, including but not limited to, reasonable expert witness and attorney fees.

6.0 INDEMNIFICATION

6.1 Each AGENCY shall defend, hold harmless and indemnify the other AGENCY, its elected officials, officers, employees and agents from and against all claims, liabilities, causes of action, losses, judgments, settlements, damages and expenses (including, but not limited to, reasonable expert witness and attorney fees) that may at any time arise or


be claimed by any person or entity as a result of bodily injury, sickness, death or property damage, or as a result of any other claim or suit of any nature whatsoever, allegedly arising out of, or in any manner connected with, directly or indirectly, the negligent or intentional acts or omissions of the indemnifying AGENCY’S performance of its obligations under this AGREEMENT. This provision is not intended to waive any statutory or common law privileges or immunities as they relate to other persons or entities. There are no third party beneficiaries of this Indemnity.

7.0 INSURANCE

7.1 In furtherance of the indemnification provisions set forth in Section 6 herein, each AGENCY shall maintain insurance coverage or pooled coverage, in minimum amounts and form acceptable in the reasonable judgement of the chief administrative officer of the other AGENCY. Each AGENCY shall provide the other AGENCY with its insurance or pooled coverage binders upon request.

8.0 NOTICES

8.1 All notices required to be given under the terms of this AGREEMENT shall be in writing and served by certified or registered mail, return receipt requested, properly addressed with the postage prepaid and deposited in the United States mail. Notices served upon FOREST PRESERVE DISTRICT shall be directed to the Executive Director, Forest Preserve District of DuPage County, P.O. BOX 5000, Wheaton, Illinois 60189-5000. Notices served upon the VILLAGE shall be directed to the Village Manager, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Any party may designate a new location for service of notices by serving notice of the change in accordance with the requirements of this paragraph.

9.0 SEVERABILITY

9.1 In the event any provision of this AGREEMENT is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not invalidate or render unenforceable any other provision of this AGREEMENT, providing that the spirit and intent of this AGREEMENT can be given effect.

10.0 ENTIRE AGREEMENT

10.1 The provisions set forth herein represent the entire agreement between the AGENCIES and supersede any previous oral or written negotiations and agreements. No provision may be modified in any respect unless such modification is in writing and signed by all AGENCIES.

10.2 In event of a conflict between the terms or conditions of this AGREEMENT and any term or condition found in any exhibit or attachment, the terms and conditions of this AGREEMENT shall prevail.


11.0 MISCELLANEOUS TERMS

11.1 Each AGENCY shall approve this AGREEMENT pursuant to a duly passed ordinance or resolution. This AGREEMENT shall be executed in multiple counterparts, and each copy shall be deemed an original. After all the original signature pages have been received, the FOREST PRESERVE DISTRICT shall provide the VILLAGE with a fully executed copy of this AGREEMENT.

11.2 This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance. The forum for resolving any disputes concerning the AGENCIES’ respective performance, or failure to perform, under this AGREEMENT, shall be as provided for by the laws of the State of Illinois.

11.3 This AGREEMENT shall not be recorded as this AGREEMENT terminates upon the completion of the PROJECT and final acceptance by the FOREST PRESERVE DISTRICT of the improvements constructed by the VILLAGE. Final acceptance occurs after all final completion punch-list items identified by the FOREST PRESERVE DISTRICT have been addressed, project as-built plans have been delivered to the FOREST PRESERVE DISTRICT and a written notice of acceptance has been provided to the VILLAGE from the FOREST PRESERVE DISTRICT. Final acceptance by FOREST PRESERVE DISTRICT shall not be unreasonably withheld.

11.4 This AGREEMENT may be amended or modified only by written instrument duly approved and signed by all AGENCIES to the AGREEMENT.

11.5 No course of dealing or failure of any AGENCY to enforce strictly any term, right, or condition of this AGREEMENT shall be construed as a waiver of such term, right, or condition. No express waiver of any term, right, or condition of this AGREEMENT shall operate as a waiver of any other term, right, or condition.

IN WITNESS WHEREOF, the AGENCIES have entered into this AGREEMENT as of the _______ day of ______________________, 20_____. FOREST PRESERVE DISTRICT OF VILLAGE OF OAK BROOK DU PAGE COUNTY BY:________________________________ BY:________________________________ Daniel Hebreard, President Gopal G. Lalmalani, Village President ATTEST:___________________________ ATTEST:__________________________ Judith Malahy, Secretary Charlotte Pruss, Clerk

7

Exhibit B

License Agreement

HARG

ER R

D

I 88 RAMP

HARGER RD

York Woods

.0 50 10025Feet

Land Preservation Department

Temporary License Area

FPD Bounds

YORK WOODSVILLAGE OF OAK BROOK TRAIL IMPROVEMENTS

TEMPORARY LICENSE AREA

EXHIBIT "A"

License Agreement – X- 370-008L - 1

LICENSE NO. X 370-008L NOT TO BE RECORDED

A LICENSE AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY AND THE VILLAGE OF OAK BROOK PROVIDING FOR THE CONSTRUCTION OF PARKING LOT ENTRANCE AND TRAIL IMPROVEMENTS

WITHIN A PORTION OF YORK WOODS FOREST PRESERVE

THIS LICENSE AGREEMENT (hereinafter the “Agreement”) is made and entered into by and between the Forest Preserve District of DuPage County, a body politic and corporate (hereinafter the "FOREST PRESERVE DISTRICT"), and the Village of Oak Brook, a municipal corporation (hereinafter the "LICENSEE").

WITNESSETH:

WHEREAS, the FOREST PRESERVE DISTRICT owns certain property commonly known as the York Woods Forest Preserve (hereinafter “York Woods”); and

WHEREAS, LICENSEE has requested permission to utilize a portion of York Woods,

consisting of an area approximately 0.44 acres (hereinafter referred to as the “License Area”), to construct parking lot entrance improvements and asphalt trail improvements as part of LICENSEE’S Harger Road/York Road roadway and trail improvements project; and

WHEREAS, the FOREST PRESERVE DISTRICT, pursuant to Section 6 of the Downstate

Forest Preserve District Act, 70 ILCS 805/6, is empowered to grant licenses for public services; and WHEREAS, the FOREST PRESERVE DISTRICT finds that it is reasonable, necessary and

desirable to grant LICENSEE a temporary license to construct trail improvements within the License Area, strictly subject to the terms and conditions set forth herein; and

WHEREAS, this Agreement is authorized upon the approval of an Intergovernmental

Agreement by the FOREST PRESERVE DISTRICT and LICENSEE related to the trail; and NOW, THEREFORE, in consideration of the promises, terms and conditions set forth herein,

the parties agree as follows:

1.0 INCORPORATION OF RECITALS 1.1 The recitals set forth above are incorporated herein and made a part hereof.

2.0 LICENSE GRANTED 2.1 The FOREST PRESERVE DISTRICT hereby grants LICENSEE a temporary license to

access the License Area depicted in Exhibit “A” for the purpose of construction of the


entrance and trail improvements. In consideration of the granting of this license, LICENSEE will cause its contractor to construct the entrance and trail improvements for the public and FOREST PRESERVE DISTRICT’S benefit according to the terms of this Agreement.

2.2 The license granted herein shall automatically terminate upon the completion of the work to be performed by LICENSEE or its contractors within the License Area and the restoration of the License Area and the acceptance of the trail construction and restoration work by the FOREST PRESERVE DISTRICT.

2.3 The LICENSEE shall notify the FOREST PRESERVE DISTRICT’S designated project representative (Kevin Stough, [email protected]) no less than five (5) business days prior to the first access to the License Area. LICENSEE shall make any independent contractor accessing the License Area aware of the terms and conditions of this Agreement. Should the FOREST PRESERVE DISTRICT’S project representative determine that the LICENSEE or any of its independent contractor’s activities in the License Area are inconsistent with, or in violation with the terms of this License, the LICENSEE will stop the use of the License Area at the direction of the FOREST PRESERVE DISTRICT’S project representative until the issue(s) associated with activities are fully resolved. This remedy is non-exclusive and in addition to any other remedy set forth in this Agreement or otherwise available in law or equity. The selection of any or all remedies shall be in the sole discretion of the party pursing the remedy

2.4 The LICENSEE shall notify the FOREST PRESERVE DISTRICT’S designated project representative (Kevin Stough, [email protected]) within two (2) business days after the completion of the restoration work on the License Area.

3.0 LICENSE FEE

3.1 The VILLAGE shall pay the fees as provided for in this Agreement. The easement fees to be paid by the VILLAGE to the FOREST PRESERVE DISTRICT for the granting of the easement shall be based on a license fee and tree removal value fee in accordance with the FOREST PRESERVE DISTRICT’S Easement and License Ordinance (No. 96-096). In consideration that the entrance improvements and trail improvements will provide improved public access to York Woods and will be constructed at no cost to the FOREST PRESERVE DISTRICT, the license fee is hereby waived. The LICENSEE will be removing certain trees within the License Area and planting new trees within the License Area. The difference in the value of trees to be removed and the trees to be planted within the License Area has been determined by the FOREST PRESERVE DISTRICT to be $2,967.00. The total fee is $2,967.00. The fee shall be paid to the FOREST PRESERVE DISTRICT prior to execution of this Agreement by the FOREST PRESERVE DISTRICT.

4.0 PURPOSE OF LICENSE/SCOPE OF PROJECT 4.1 The license being requested by the LICENSEE within York Woods is for the construction of

entrance improvements and trail improvements within the License Area (the activities related to the construction of the entrance improvements and trail improvements shall hereinafter be referred to as the “PROJECT”).

4.2 The LICENSEE shall design, permit and construct the trail to be located within the License Area. Implementation of the PROJECT shall be in accordance with the plan drawings, revision dated December 27, 2019, prepared by Civiltech Engineering, Inc. (hereinafter


referred to as the “Final Plan”). The Final Plan shall be deemed incorporated herein by reference but without attaching said document hereto due to its size.

4.3 The LICENSEE shall pay all fees and costs necessary to design, permit, construct and implement the PROJECT and as provided for in this Agreement.

5.0 PERMITS AND APPROVALS 5.1. The LICENSEE shall complete the design of the PROJECT, including all plan sets,

drawings, specifications and cost estimates for the PROJECT. The FOREST PRESERVE DISTRICT may review and issue comments to the LICENSEE regarding the Final Plans within ten (10) business days of receipt thereof. The LICENSEE agrees to cooperate with the FOREST PRESERVE DISTRICT regarding any significant proposed changes, alterations, or modifications to the Final Plans including, but not limited to any field adjustments or change orders, by providing reasonable advance notification and opportunity for review and comment.

5.2 The LICENSEE shall obtain all necessary permits or other approvals required for the construction of the PROJECT. The LICENSEE shall also comply with all applicable federal, state and local laws, rules and regulations (including, but not limited to, those relating to safety) whenever it performs any work on the License Area or exercises any rights conferred under this Agreement.

5.3 The LICENSEE agrees to provide the FOREST PRESERVE DISTRICT with as-built record drawings of the PROJECT within ninety (90) days following completion of the construction.

6.0 CONSTRUCTION

6.1 LICENSEE shall cause its contractors to construct the trail improvements in accordance with the Final Plan.

6.2 The LICENSEE shall cause its contractors to confine all construction activity within the License Area. All debris resulting from the construction within the License Area shall be legally disposed of off of FOREST PRESERVE DISTRICT property. No construction personnel shall be permitted outside the designated areas while engaged in construction activities.

6.3 The FOREST PRESERVE DISTRICT shall not be responsible for or have control over the construction means, methods, techniques or procedures with respect to the trail work performed within the License Area. In no event shall the FOREST PRESERVE DISTRICT be responsible for or have any obligation with respect to the safety of any person performing work on the License Area, including, but not limited to, the employees of the LICENSEE or of any contractor, subcontractor, agent or consultant.

6.4 The LICENSEE shall promptly pay all costs and expenses relating to the construction of the trail on the License Area and shall not allow any liens on FOREST PRESERVE DISTRICT property as a result of the work. The LICENSEE shall defend, indemnify and hold the FOREST PRESERVE DISTRICT harmless from any and all liens, costs and expenses arising from any work performed under this Agreement.

7.0 RESTORATION 7.1 Except as the parties may otherwise agree in writing, LICENSEE shall promptly repair any

damage to the License Area or other FOREST PRESERVE DISTRICT property resulting,


directly or indirectly, from the use of the License Area. All repairs shall be subject to the approval of the FOREST PRESERVE DISTRICT’S Executive Director. If LICENSEE fails to properly restore the License Area or other FOREST PRESERVE DISTRICT property within 30 days of service of the FOREST PRESERVE DISTRICT’S written demand for the restoration work, the FOREST PRESERVE DISTRICT shall have the right to take such action as it deems necessary to perform the restoration or corrective work, which shall include the authority to (a) perform the work with its own personnel and/or; (b) engage the services of an independent contractor to perform the work. LICENSEE shall reimburse the FOREST PRESERVE DISTRICT for costs associated with said restoration or corrective work within 30 days of service of the FOREST PRESERVE DISTRICT’s written demand for payment.

8.0 INSURANCE 8.1 The LICENSEE is a member of a risk management association and does not purchase

insurance on a case by case basis. LICENSEE shall maintain during this Agreement insurance coverage which will satisfactorily insure LICENSEE, its contractors and, where appropriate, the DISTRICT against claims and liabilities which may arise out of the use of DISTRICT property. LICENSEE shall provide a Certificate of Insurance naming the FOREST PRESERVE DISTRICT and any of its officers, trustees, agents or employees as additionally insured on all coverages in this Agreement except Workers’ Compensation and Employer’s Liability. The insurance coverages shall include the following: (A) Workers' compensation insurance with limits as required by the applicable workers'

compensation statutes. The employer's liability coverage under the workers' compensation policy shall have limits of not less than $500,000 each accident/injury; $500,000 each employee/disease; $500,000 policy limit.

(B) Commercial general liability insurance protecting LICENSEE against any and all public liability claims which may arise in the course of using the License Area. The limits of liability shall be not less than $1,000,000 each occurrence bodily injury/property damage combined single limit and $2,000,000 aggregate bodily injury/property damage combined single limit. The policy of commercial general liability insurance shall include contractual liability coverage and an endorsement naming the FOREST PRESERVE DISTRICT as an additional insured.

(C) Commercial automobile liability insurance covering LICENSEE's owned, non-owned and leased vehicles which protects LICENSEE against automobile liability claims whether on or off the FOREST PRESERVE DISTRICT'S premises with coverage limits of not less than $1,000,000 each accident bodily injury/property damage combined single limit.

(D) Umbrella or Excess liability insurance with limits of not less than $1,000,000 each occurrence bodily injury/property damage combined single limit and $1,000,000 aggregate bodily injury/property damage combined single limit. The Umbrella or Excess coverage shall apply in excess of the limits stated in subparagraphs (B) and (C) above, and shall either include an endorsement naming the FOREST PRESERVE DISTRICT as an additional insured or provide “following form” coverage.

8.2. Before beginning construction of the parking lot entrance improvements and trail improvements, LICENSEE’s contractor(s), engaged to perform any work on the License


Areas, shall obtain insurance as outlined in IDOT’s Standard Specifications for Road and Bridge Construction Adopted April 1, 2016, Section 107.27 Insurance (attached hereto as Exhibit B). The DISTRICT shall be named as an additional insured in the Special Provisions section for the parking lot entrance improvements and trail improvements.

8.3 LICENSEE shall furnish, upon the FOREST PRESERVE DISTRICT's request, copies of all insurance policies and endorsements thereto evidencing the coverages required under paragraph 8.0. The insurance certificates and policies shall provide that no cancellation or modification of the policy or policies shall occur without at least 30 days' prior written notice to the FOREST PRESERVE DISTRICT. LICENSEE and its contractors shall not enter upon the License Area until the required insurance has been received and approved by the FOREST PRESERVE DISTRICT.

9.0 INDEMNIFICATION 9.1 LICENSEE shall defend, hold harmless, and indemnify the FOREST PRESERVE

DISTRICT and all of its officers, agents, employees and elected officials from any loss, damage, demand, liability, cause of action, fine, judgment or settlement, together with all costs and expenses related thereto (including reasonable expert witness and attorney fees), that may be incurred by the FOREST PRESERVE DISTRICT as a result of bodily injury, death or property damage or as a result of any other claim or suit of any nature whatsoever arising from or in any manner connected with, directly or indirectly, the negligent or intentional acts or omissions of LICENSEE pertaining to the use of the License Area or the negligent or intentional acts or omissions of any independent contractor or subcontractor that is engaged by LICENSEE and permitted to utilize the License Area. LICENSEE shall cause its contractors to defend, hold harmless, and indemnify the FOREST PRESERVE DISTRICT and all of its officers, agents, employees and elected officials from any loss, damage, demand, liability, cause of action, fine, judgment or settlement, together with all costs and expenses related thereto (including reasonable expert witness and attorney fees), that may be incurred by the FOREST PRESERVE DISTRICT as a result of bodily injury, death or property damage or as a result of any other claim or suit of any nature whatsoever arising from or in any manner connected with, directly or indirectly, the negligent or intentional acts or omissions of the LICENSEE’S contractors or contractors agents or subcontractors pertaining to the use of the License Area or the negligent or intentional acts or omissions of any independent contractor or subcontractor that is engaged and permitted to utilize the License Area.

10.0 BREACH OF AGREEMENT 10.1 In the event LICENSEE breaches any provision contained herein, the FOREST PRESERVE

DISTRICT may immediately terminate this Agreement by serving written notice as provided for in paragraph 11.0. A waiver by the FOREST PRESERVE DISTRICT of any breach of one or more of the terms of this Agreement on the part of LICENSEE shall not constitute a waiver of any subsequent or other breach of the same or other term, nor shall the failure on the part of the FOREST PRESERVE DISTRICT to require exact, full and complete compliance with any of the terms contained herein be construed as changing the terms of this Agreement or estopping the FOREST PRESERVE DISTRICT from enforcing full compliance with the provisions herein. No delay, failure or omission of the FOREST


PRESERVE DISTRICT to exercise any right, power, privilege or option arising from any breach shall impair any right, privilege or option, or be construed as a waiver or acquiescence in such breach or as a relinquishment of any right. No option, right, power, remedy or privilege of the FOREST PRESERVE DISTRICT shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, privileges and remedies given the FOREST PRESERVE DISTRICT under this Agreement and by law shall be cumulative.

11.0 NOTICES 11.1 All notices required to be given under the terms of this Agreement shall be in writing and

served by certified or registered mail, return receipt requested, properly addressed with the postage prepaid and deposited in the United States mail. Notices served upon the FOREST PRESERVE DISTRICT shall be directed to the Executive Director, Forest Preserve District of DuPage County, P.O. Box 5000, Wheaton, Illinois 60189-5000. Notices served upon the LICENSEE shall be directed to the Village Manager, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Notwithstanding anything to the contrary, any notice by a party alleging a breach of this Agreement shall be by certified or registered mail as set forth above. Any party may designate a new location for service of notices by serving notice of the change in accordance with the requirements of this paragraph.

12.0 MISCELLANEOUS PROVISIONS 12.1 LICENSEE shall not record this Agreement or any memorandum or other document referring

hereto, without the written consent of the FOREST PRESERVE DISTRICT'S Executive Director.

12.2 This Agreement shall be construed in accordance with the laws of the State of Illinois. 12.3 The provisions set forth herein represent the entire Agreement between the parties and may

not be modified or changed in any respect unless such modification or change is in writing and signed by both parties. IN WITNESS WHEREOF, the parties have entered into this License Agreement as of the

______ of ______________________, 20_____.

FOREST PRESERVE DISTRICT VILLAGE OF OAK BROOK OF DUPAGE COUNTY BY: _______________________________ BY:______________________________ Ed Stevenson, Executive Director Gopal G. Lalmalani, Village President ATTEST:___________________________ ATTEST:__________________________

Judith Malahy, Secretary Charlotte Pruss, Clerk

HARG

ER R

D

I 88 RAMP

HARGER RD

York Woods

.0 50 10025Feet

Land Preservation Department

Temporary License Area

FPD Bounds

YORK WOODSVILLAGE OF OAK BROOK TRAIL IMPROVEMENTS

TEMPORARY LICENSE AREA

EXHIBIT "A"

VILLAGE

OAK BROOKOF

MONTHLY FINANCIAL REPORTS

DECEMBER 2019

ITEM 6.D

Total

Cash and Cash Pooled Cash and

Fund Equivalents Investments Investments % By Fund

General Corporate $6,296,959 $14,946,001 $21,242,960 47.0%

Hotel/Motel Tax 2,941,270 2,482,462 5,423,732 12.0%

Motor Fuel Tax 962,757 82,624 1,045,381 2.3%

Infrastructure 6,206,736 2,059,972 8,266,708 18.3%

Promenade TIF 288,864 - 288,864 0.6%

Water 3,470,555 3,476,684 6,947,239 15.4%

Sports Core 233,435 - 233,435 0.5%

Golf Surcharge 156,439 188,467 344,906 0.8%

Self-Insurance 346,401 - 346,401 0.8%

Garage 275,988 - 275,988 0.6%

Equipment Replacement 426,375 382,445 808,820 1.8%

Total $21,605,779 $23,618,655 $45,224,434 100.0%

Change in Cash and Investments by Fund :

Balance at Balance at Year-to-Date Year-to-Date

Fund January 1, 2019 December 31, 2019 Change ($) Change (%)

General Corporate $18,092,186 $21,242,960 $3,150,774 17.4%

Hotel/Motel Tax 4,843,367 5,423,732 580,365 12.0%

Motor Fuel Tax 782,203 1,045,381 263,178 33.6%

Infrastructure 9,322,381 8,266,708 (1,055,673) -11.3%

Promenade TIF 257,485 288,864 31,379 12.2%

Water 6,449,315 6,947,239 497,924 7.7%

Sports Core 190,397 233,435 43,038 22.6%

Golf Surcharge 442,152 344,906 (97,246) -22.0%

Self-Insurance 468,568 346,401 (122,167) -26.1%

Garage 331,134 275,988 (55,146) -16.7%

Equipment Replacement 1,636,238 808,820 (827,418) -50.6%

$42,815,426 $45,224,434 $2,409,008 5.6%

Book Bank/Market

Value Value

Pooled Checking $1,113,991 $1,477,079

Sports Core Checking 388,606 386,385

Pooled IPTIP 19,917,223 19,917,223

Water E-Pay IPTIP 185,959 176,344

$21,605,779 $21,957,031

Pooled Investments:

Investments-Municipal Bonds $6,208,258 $6,211,237

Investments-Corporate Bonds 8,302,011 8,370,343

Government & Agency Obligations 2,733,031 2,701,435

Certificates of Deposit 6,240,000 6,270,382

Accrued Interest 135,355 135,355

Total Pooled Investments $23,618,655 $23,688,752

Total Cash and Investments $45,224,434 $45,645,783

For December, total interest revenue is $76,714 and YTD revenue is $1,033,589.

Total investment yield for the portfolio is:

Pooled

Investments Illinois Funds Total

Last 12 months yield 2.33% 2.29% 2.31%

The weighted average yield of the current pooled investment portfolio is 2.35%. The IL Funds December average daily rate was 1.72%.

Monthly Treasurer's Report

December 31, 2019


December 2019

The table below lists the detail investment holdings at J.P. Morgan Securities as of 12/31/19:

Month End VOB

Settlement Maturity Coupon Yield Book Market Accrued

Type Date Date Rate Rate Value Value Interest

Municipal Bonds:

New York N Y City #64971QTX1 02/22/16 05/01/21 2.350% 2.000% 200,905 201,096 768

Florida Hurricane #34074GDH4 03/30/16 07/01/20 2.995% 2.150% 502,006 503,210 7,487

Bloomingdale Mich Pub Sch Dist #094383FS0 04/26/16 05/01/22 2.710% 2.150% 506,301 507,230 2,219

Milan Mich Area Achs #598801JD1 05/26/16 05/01/20 1.931% 1.931% 245,000 245,176 688

Indiana Bd Bk Rev Taxable #4546248F7 01/06/17 01/15/20 2.934% 1.900% 255,064 255,102 3,463

Lanse Creuse Mich Pub Schs #516228RL9 05/02/17 05/01/20 2.159% 2.159% 100,000 100,136 358

Connecticut St GO Bds 2016 #20772J3F7 06/15/17 08/15/21 1.750% 2.300% 495,653 497,335 3,252

Fowlerville Mich Comnty Schs #351280MS8 10/03/17 05/01/20 2.045% 1.750% 500,494 500,395 1,534

Wisconsin St Gen Fd Annual #977100CW4 01/05/18 05/01/20 1.446% 2.100% 598,686 599,664 1,350

Wright County Min #982276BC0 07/18/19 12/01/20 2.000% 2.000% 545,000 545,692 1,423

State of IL #452152P54 10/09/19 11/01/21 5.000% 1.870% 528,206 527,885 3,916

Anchor Bay Mich Sch #032879TE8 11/01/19 05/01/21 2.320% 1.750% 720,377 718,918 2,626

Brownsville TX #16405ST9 12/19/19 02/15/22 2.050% 2.000% 555,566 555,294 221

Laredo TX Waterworks #517039VW0 12/19/19 03/01/24 2.230% 2.230% 455,000 454,104 282

Total Municipal Bonds $6,208,258 $6,211,237 $29,587

Corporate Bonds:

Goldman Sachs #38141GVP9 09/26/18 09/15/20 2.750% 3.180% 498,522 502,355 4,010

Wells Fargo #94974BGR5 01/15/19 12/07/20 2.550% 3.120% 1,382,846 1,398,465 2,658

SunTrust #86787EAU1 01/28/19 01/29/21 2.590% 3.050% 499,801 501,095 5,396

PNC Bank #69353RFH6 01/30/19 01/22/21 2.500% 3.020% 497,321 502,980 5,521

Morgan Stanley #61747WAL3 03/08/19 07/28/21 5.500% 3.034% 1,089,425 1,106,102 24,383

Citigroup #172967LC3 04/01/19 12/08/21 2.900% 2.754% 1,002,730 1,016,430 1,289

Bank of America #06051GFT1 04/03/19 10/19/20 2.625% 2.625% 700,000 704,011 3,420

Goldman Sachs #38143U8F1 05/02/19 02/25/21 2.875% 2.707% 365,680 368,635 3,646

American Honda #02665WBG5 07/31/19 09/09/21 1.700% 2.180% 496,050 499,210 2,667

BB&T Corp #05531FAZ6 08/15/19 02/01/21 2.150% 2.010% 751,126 752,130 6,522

JP Morgan #48128BAB7 09/30/19 01/15/23 2.972% 2.337% 1,018,510 1,018,930 13,704

Total Corporate Bonds $8,302,011 $8,370,343 $73,216

Government & Agency Obligations:

*Government National Mtg Assn #38379UEM4 02/29/16 02/16/51 2.300% 2.245% $666,686 $651,283 $2,332

*Government National Mtg Assn #38381WV96 08/06/19 07/20/54 2.250% 2.293% 922,090 919,939 1,689

*Government National Mtg Assn #38380BNV3 12/05/19 06/20/46 2.000% 2.112% 654,255 640,605 1,061

Fed Farm Credit Bank #3133EK5Y8 11/14/19 02/14/22 1.770% 1.770% 490,000 489,608 1,446

Total Government & Agency Obligations: $2,733,031 $2,701,435 $6,528

Certificates of Deposit:

State Bk India NY #8562846A7 01/26/17 01/26/22 2.250% 2.250% $245,000 $247,633 $2,397

American Express Centurion #02587DV96 08/15/17 08/17/20 1.900% 1.900% 245,000 245,380 1,746

Sallie Mae #795450C86 08/16/17 08/17/20 1.900% 1.900% 245,000 245,380 1,746

Merrick Bank South Jordan #59013JZS1 08/21/17 08/21/20 1.800% 1.800% 245,000 245,230 118

Pinnacle Bank #72345SFS5 08/30/17 08/31/20 1.800% 1.800% 115,000 115,114 4

Jackson County Bank #466682AP6 08/31/17 03/01/21 1.850% 1.850% 245,000 245,510 1,511

Barclays Bank #06740KKX4 09/27/17 09/28/20 1.950% 1.950% 245,000 245,544 1,234

Goldman Sachs Bank #38148PRK5 10/18/17 10/19/20 1.950% 1.950% 245,000 245,583 956

FirstBank PR Santurce #33767A6M8 11/03/17 11/03/20 2.000% 2.000% 245,000 245,711 359

Morgan Stanley #61747MQ53 03/22/18 03/23/20 2.550% 2.550% 245,000 245,502 1,575

Investors Community Bank #46147UTT7 08/28/18 02/28/20 2.550% 2.550% 245,000 245,363 29

Lakeside Bank #51210SPS0 08/30/18 03/30/20 2.550% 2.550% 245,000 245,546 12

Bank United #066519GJ2 08/31/18 02/20/20 2.500% 2.500% 245,000 245,343 2,042

Compass Bank #20451PVW3 10/26/18 10/26/20 3.000% 3.000% 245,000 247,693 1,307

UBS Bank #90348JFH8 10/30/18 10/29/20 3.050% 3.050% 245,000 247,832 17

Discover Bank #254673WF9 11/07/18 11/09/20 3.000% 3.000% 245,000 247,805 1,082

Ally Bank #02007GFX6 11/08/18 11/09/20 3.000% 3.000% 245,000 247,805 1,062

Comenity Cap Bank #20033AU46 04/15/19 04/15/21 2.500% 2.500% 245,000 247,580 244

Morgan Stanley #61760AE21 05/30/19 06/01/21 2.400% 2.400% 245,000 247,465 466

First St Bank DeQueen #336460CU2 07/18/19 07/19/21 2.000% 2.000% 245,000 246,169 192

Bank Hapoalim #06251AW89 07/19/19 07/19/21 2.000% 2.000% 245,000 246,539 2,246

Capital One Natl Assn #14042RMF5 07/24/19 07/26/19 2.050% 2.050% 245,000 246,365 2,302

TIAA FSB Jacksonville #87270LCN1 07/29/19 07/29/21 2.000% 2.000% 245,000 246,178 2,082

Wells Fargo #949763J31 09/18/19 09/20/21 1.850% 1.850% 245,000 245,635 192

BMW Bank #05580ASQ8 10/11/19 10/12/21 1.800% 1.800% 245,000 245,426 919

Metabank #59101LHW0 11/20/19 08/19/21 1.750% 1.750% 245,000 245,051 184

Total Certificates of Deposits $6,240,000 $6,270,382 $26,024

Total J.P.Morgan Securities $23,483,300 $23,553,397 $135,355

*This is a mortgage backed security that receives principal payments each month based on mortgage repayments. Monthly

principal payments will vary and the investment balance may be repaid before the maturity date.

VILLAGE OF OAK BROOK


December 31, 2019

Cash & Investments by Fund - Total $45.2 million

Cash & Investments by Type - Total $45.2 million

Checking

Illinois Funds

Certificates of Deposit

Municipal Bonds

Corporate Bonds

Government & Agency Obligations

Accrued Interest

General Corporate46.97%

Hotel/Motel Tax11.99%Motor Fuel Tax

2.31%

Infrastructure18.28%

Promenade TIF0.64%

Water15.36%

Sports Core0.52%

Golf Surcharge0.76%

Self-Insurance0.77%

Garage0.61%

Equipment Replacement

1.79%

Checking, $1.5

Illinois Funds, $20.1

Certificates of Deposit, $6.2

Municipal Bonds, $6.2

Corporate Bonds, $8.3

Government & Agency Obligations, $2.7

Accrued Interest, $0.2

in millions

YTD YTD

Net Fund Budgeted

YTD YTD Increase Increase

Governmental Funds Revenues Expenditures (Decrease) (Decrease)

General Fund (Major Fund) 27,524,069 $24,478,837 $3,045,232 ($63,705)

Main operating fund of the Village.

Hotel Fund (Major Fund) $1,438,053 $629,442 $808,611 ($3,563,520)

Collects and spends resources from the

3% hotel/motel tax.

Motor Fuel Tax Fund $263,179 $0 $263,179 ($696,250)

Collects and spends resources from the

State motor fuel tax.

Infrastructure Fund (Major Fund) $6,436,854 $7,460,657 ($1,023,803) ($6,320,195)

Accounts for construction and maintenance of

roadways, drainage, and safety path systems.

Promenade TIF Fund (Major Fund) $496,107 $464,728 $31,379 ($4,290)

Accounts for the revenues and expenditures

restricted to the Tax Increment Financing (TIF)

district located at 22nd St. and Meyers Rd.

Enterprise Funds

Water Fund (Major Fund) $10,400,507 $10,648,380 ($247,873) ($2,807,275)

Collects user fees for the distribution of water

and maintenance of infrastructure.

Sports Core Fund (Major Fund) $4,381,161 $4,312,119 $69,042 $0

Accounts for revenues and expenses relating

to administration, programs, food and beverage

operations, and golf course.

Golf Surcharge Fund $115,723 $212,969 ($97,246) ($50,000)

Accounts for the collection of the $3 per round

golf surcharge.

Internal Service Funds

Self Insurance Fund $3,399,923 $3,655,115 ($255,192) $14,250

Accounts for the Village's health insurance costs

and the related contributions from the Village,

employees, retirees, and other agencies.

Garage Fund $668,823 $711,899 ($43,076) ($90,945)

Accounts for the maintenance of the Village's vehicle

fleet and the related departmental reimbursements.

Equipment Replacement Fund $258,418 $1,085,004 ($826,586) ($1,020,365)

Accounts for the replacement of the Village's vehicle

fleet and the related departmental contributions.

Further information on the Village's major funds (as indicated above) can be found on the proceeding pages.

Executive Summary on Village FundsThrough December 31, 2019

Village of Oak Brook Monthly Financial Report – Fund Narrative For the Period Ending December 31, 2019

The monthly financial report serves as a document to inform and update readers of the Village’s financial current position, including historical and trend information. This report is prepared on a cash basis of accounting, meaning transactions are recognized only when cash is increased or decreased. Transactions for each month are compared to amounts from the Village’s annual budget, which was also prepared using a cash basis. The proceeding pages contain detailed information on significant items by individual fund: General Fund

Sales Tax collections through December 2019 are $12,530,968, which is $211,670 higher than through December 2018 and $205,968 over FY19 budget to date. The increase is primarily due to the opening of newer businesses in town and general inflationary growth. December 2019 collections were down slightly compared to collections over the past 5 years.

Other Intergovernmental Tax collections through December 2019 are $1,465,157, which is $183,192 higher than through December 2018 and $237,407 over FY19 budget to date. The Village has seen strong collections in Income Tax, Replacement Tax, Road & Bridge Tax, and Use Tax in 2019.

Telecommunications/Utility Tax collections through December 2019 are $6,269,119, which is $163,332 higher than through December 2018 and $411,619 over FY19 budget to date. The Village budgeted a decrease in tax due to the move of McDonald’s, but did not see a negative impact in 2019.

Licenses and Permits revenue through December 2019 is $3,630,882, which is $456,117 higher than through December 2018 and $1,295,832 over FY19 budget to date. The Village issued a number of large building permits in 2019, including Senior Lifestyle and Hub Group.

Charges for Services revenue through December 2019 is $1,346,317, which is $54,718 higher than through December 2018, but $145,083 under FY19 budget to date. The increase is due to the raise of ambulance fees in mid-2018. Revenue is under budget due to more ambulance unallowable billings than projected and timing of police auxiliary services billings.

Personnel expenditures through December 2019 are $18,099,312, which is $498,969 more than through December 2018, but $84,433 under FY19 budget to date. The increase is due to normal salary and benefit increases.

Operation and Contract expenditures through December 2019 are $3,955,667, which is $188,872 more than through December 2018, but $268,808 under FY19 budget to date. The increase is primarily due to the addition of five contracted paramedics to increase ambulance services. This number will be reduced from eleven to nine contracted paramedics later in 2019.

Capital Outlay expenditures through December 2019 are $1,111,125, which is $1,984,444 less than through December 2018, but $52,300 over FY19 budget to date. The decrease is due to the Police Department expansion and renovation project that occurred in 2018.

Hotel Tax Fund

Hotel Tax collections through December 2019 are $1,311,704, which is $6,269 lower than through December 2018, but $43,704 over FY19 budget to date. The variances are primarily due to the timing of receipts.

Capital Outlay expenditures have not occurred to date due to the cancellation of the Jorie, Kensington, and Forest Gate streetscape beautification project. Minor projects will occur as budgeted.

Infrastructure Fund

Non-Home Rule Sales Tax collections through December 2019 are $5,655,461, which is $95,387 higher than through December 2018 and $107,461 over FY19 budget to date. The increase is primarily due to the opening of newer businesses in town and general inflationary growth. December 2019 collections were down slightly compared to collections over the past 5 years.

Operation and Contractual expenditures through December 2019 are $1,572,857, which is $325,749 higher than through December 2018, but $90,578 under FY19 budget to date. The increase is due to more being spent on project engineering than in 2018.

Capital Outlay expenditures through December 2019 are $4,338,650, which is $2,333,656 higher than through December 2018, but $5,669,925 under FY19 budget to date. The increase from last year is due to the B&T Circle drainage improvement project and Salt Storage Facility drainage. Some projects budgeted for 2019 have been delayed into 2020.

Water Fund

Water Sales revenue through December 2019 is $9,565,709, which is $80,837 higher than through December 2018, but $657,541 under FY19 budget to date. The increase is due to a 5% rate increase effective January 1, 2019, however, slightly less gallons have been billed than projected.

Operation and Contractual expenditures through December 2019 are $4,996,813, which is $14,001 lower than through December 2018 and $825,472 under FY19 budget to date. The decrease is due to less total gallons purchased from DuPage Water Commission compared to FY18. Payments are under budget due to the general timing of when invoices have been paid compared to when budgeted.

Capital Outlay expenditures through December 2019 are $4,251,626, which is $2,123,556 higher than through December 2018, but $1,992,449 under FY19 budget to date. The increase is

due to no major water main projects in 2018. Capital expenditures are under budget due to projects being delayed into 2020.

Sports Core Fund

Memberships revenue through December 2019 is $419,681, which is $14,993 lower than through December 2018 and $34,134 under FY19 budget to date. Memberships for the pool, tennis, and golf are all less than 2018 totals and coming in less than projected for 2019.

Greens Fees revenue through December 2019 is $935,847, which is $58,619 higher than through December 2018 and $5,847 over FY19 budget to date. Total rounds played was consistent with the 2018 season so far despite the unfavorable weather during early 2019.

Operational & Contractual expenditures through December 2019 are $1,026,412, which is $51,702 lower than through December 2018 and $89,563 under FY19 budget to date. The decrease in FY19 is due to the timing of payments and the cancellation of the Taste of Oak Brook event.

Capital Outlay expenditures through December 2019 are $1,173,538, which is $502,637 higher than through December 2018, but $482,362 under FY19 budget to date. The FY19 increase is due to the Golf Club pro shop renovation, finishing of the golf patio, and finishing the B&T generator installation project. Capital is under budget due to the pool renovation project carrying into 2020.

Equipment Replacement Fund

Other Expenditures through December 2019 are $1,009,585, which is even with FY19 budget to date. This includes a $1,000,000 equity transfer to the General Fund, Infrastructure Fund, Water Fund, and Garage Fund as a result of switching to a leasing program.

12/31/19 12/31/19

12/31/18 12/31/19 YTD % of 2019 Difference

YTD YTD Amended Amended Adopted Prior

Actual Actual Budget Budget Budget Year

OPERATING REVENUES

Sales Tax 12,319,298$ 12,530,968$ 12,325,000$ 101.7% 12,325,000$ 211,670$

Other Intergovernmental Tax* 1,281,965 1,465,157 1,227,750 119.3% 1,227,750 183,192

Telecommunications/Utility Tax 6,105,787 6,269,119 5,857,500 107.0% 5,857,500 163,332

Licenses and Permits 3,174,765 3,630,882 2,335,050 155.5% 2,335,050 456,117

Charges for Services 1,291,599 1,346,317 1,491,400 90.3% 1,491,400 54,718

Fines and Penalties 185,500 203,353 158,000 128.7% 158,000 17,853

Administrative Towing Fees 31,475 22,030 30,000 73.4% 30,000 (9,445)

Interest on Investments 357,100 463,459 330,000 140.4% 330,000 106,359

Franchise/IMF Maint. Fee 163,465 159,169 213,000 74.7% 213,000 (4,296)

Miscellaneous Income 388,222 293,170 212,800 137.8% 212,800 (95,052)

Total Operating Revenues 25,299,176$ 26,383,624$ 24,180,500$ 109.1% 24,180,500$ 1,084,448$

OPERATING EXPENDITURES

Personnel 17,600,343$ 18,099,312$ 18,183,745$ 99.5% 18,183,745$ 498,969$

Materials and Supplies 474,259 467,578 559,780 83.5% 559,780 (6,681)

Operation and Contract 3,766,795 3,955,667 4,224,475 93.6% 4,224,475 188,872

Other Expenditures 5,866 9,537 10,000 95.4% 10,000 3,671

Capital Outlay 3,095,569 1,111,125 1,058,825 104.9% 862,475 (1,984,444)

Total Operating Expenditures 24,942,832$ 23,643,219$ 24,036,825$ 98.4% 23,840,475$ (1,299,613)$

SURPLUS (DEFICIT) OF REVENUES OVER

EXPENDITURES 356,344$ 2,740,405$ 143,675$ 340,025$ 2,384,061$

OTHER TRANSACTIONS

Transfers In -$ 508,235$ 508,235$ 100.0% 508,235$ 508,235$

Transfers Out - (704,518) (1,216,725) 57.9% (1,216,725) (704,518)

Reimbursements From Other Funds 629,060 632,210 632,210 100.0% 632,210 3,150

Reimbursements To Other Funds (131,315) (131,100) (131,100) 100.0% (131,100) 215

Total Interfund Transactions 497,745$ 304,827$ (207,380)$ -147.0% (207,380)$ (192,918)$

NET FUND INCREASE (DECREASE) 854,089$ 3,045,232$ (63,705)$ 132,645$ 2,191,143$

*Includes the collection of Income Tax, Use Tax, Road & Bridge Tax, and Personal Property Replacement Tax.

Village of Oak Brook

General Fund Financial Update

For the Period Ending December 31, 2019

Total Total

Revenues Expenditures

12/31/19 Actual 26,383,624$ 23,643,219$

12/31/18 Actual 25,299,176$ 24,942,832$

% Change From Last Year 4.3% -5.2%

Major Revenues Other

Intergov. Licenses & Charges for

Sales Tax Tax Telecom Tax Permits Services

12/31/19 Actual 12,530,968$ 1,465,157$ 6,269,119$ 3,630,882$ 1,346,317$

12/31/18 Actual 12,319,298$ 1,281,965$ 6,105,787$ 3,174,765$ 1,291,599$

% Change From Last Year 1.7% 14.3% 2.7% 14.4% 4.2%

Five Year Trend

Major Expenditures Materials & Operation & Other

Personnel Supplies Contractual Expenditures Capital Outlay

12/31/19 Actual 18,099,312$ 467,578$ 3,955,667$ 9,537$ 1,111,125$

12/31/18 Actual 17,600,343$ 474,259$ 3,766,795$ 5,866$ 3,095,569$

% Change From Last Year 2.8% -1.4% 5.0% 62.6% -64.1%

Five Year Trend

Expenditures by Department

12/31/18 12/31/19 12/31/19 12/31/19 2019 Difference Five

YTD YTD YTD % of Annual Prior Year

Department Actual Actual Budget Budget Budget Year Trend

Legislative & General Management 2,494,171$ 2,383,054$ 2,700,820$ 88.2% 2,700,820$ (111,117)$

Financial Services 704,633 729,357 782,860 93.2% 782,860 24,724

Public Works 692,345 890,072 886,420 100.4% 886,420 197,727

Engineering & Capital Projects 2,766,218 522,158 459,900 113.5% 459,900 (2,244,060)

Library 872,564 900,987 928,675 97.0% 928,675 28,423

Police 8,685,489 9,003,939 9,088,310 99.1% 8,891,960 318,450

Fire 7,782,814 8,217,461 8,207,785 100.1% 8,207,785 434,647

Development Services 944,598 996,191 982,055 101.4% 982,055 51,593

Total Expenditures 24,942,832$ 23,643,219$ 24,036,825$ 98.4% 23,840,475$ (1,299,613)$

Five Year Trend


General Fund - Five Year Trend



12/31/19 12/31/19




OPERATING REVENUES

Hotel Tax 1,317,973$ 1,311,704$ 1,268,000$ 103.4% 1,268,000$ (6,269)$

Interest 83,591 112,418 30,000 374.7% 30,000 28,827

Miscellaneous 5,200 13,931 - 0.0% - 8,731

Total Operating Revenues 1,406,764$ 1,438,053$ 1,298,000$ 110.8% 1,298,000$ 31,289$

EXPENDITURES

Operation and Contract 459,538$ 522,586$ 577,860$ 90.4% 577,860$ 63,048$

Capital Outlay 6,323 3,741 4,180,545 0.1% 4,180,545 (2,582)

Total Expenditures 465,861$ 526,327$ 4,758,405$ 11.1% 4,758,405$ 60,466$


EXPENDITURES 940,903$ 911,726$ (3,460,405)$ -26.3% (3,460,405)$ (29,177)$

INTERFUND TRANSACTIONS

Reimbursements to Other Funds (99,550) (103,115)$ (103,115)$ 100.0% (103,115)$ (3,565)$

Total Interfund Transactions (99,550)$ (103,115)$ (103,115)$ 100.0% (103,115)$ (3,565)$

NET FUND INCREASE (DECREASE) 841,353$ 808,611$ (3,563,520)$ (3,563,520)$ (32,742)$

Note - Expenditures are recorded in program 171.


Hotel Tax Fund Financial Update


Total Total


12/31/19 Actual $ 1,438,053 526,327$

12/31/18 Actual $ 1,406,764 465,861$

% Change From Last Year 2.2% 13.0%

Major Revenues

Hotel Tax Interest Miscellaneous

12/31/19 Actual $ 1,311,704 $ 112,418 $ 13,931

12/31/18 Actual $ 1,317,973 $ 83,591 $ 5,200

% Change From Last Year -0.5% 34.5% 167.9%

Five Year Trend

Major Expenditures Operation &

Contractual Capital Outlay

12/31/19 Actual 522,586$ 3,741$

12/31/18 Actual 459,538$ 6,323$


Five Year Trend


Hotel Tax Fund - Major Sources Five Year Trend


Five Year Trend


12/31/19 12/31/19




OPERATING REVENUES

Sales Tax 5,560,074$ 5,655,461$ 5,548,000$ 101.9% 5,548,000$ 95,387$

Charges for Services - 1,556 - N/A - 1,556

Interest 179,907 216,245 80,000 270.3% 80,000 36,338

Miscellaneous 2,729 14,022 5,000 280.4% 5,000 11,293


OPERATING EXPENDITURES

Personnel 1,199,069$ 1,254,044$ 1,322,375$ 94.8% 1,322,375$ 54,975$

Materials and Supplies 137,372 137,312 246,845 55.6% 246,845 (60)

Operation and Contract 1,247,108 1,569,116 1,663,435 94.3% 1,663,435 322,008

Capital Outlay 2,004,994 4,338,650 10,008,575 43.3% 10,008,575 2,333,656

Total Operating Expenditures 4,588,543$ 7,299,122$ 13,241,230$ 55.1% 13,241,230$ 2,710,579$


EXPENDITURES 1,154,167$ (1,411,838)$ (7,608,230)$ 18.6% (7,608,230)$ (2,566,005)$


Transfers In 7,790$ 216,125$ 1,116,125$ 19.4% 1,116,125$ 208,335$

Reimbursements From Other Funds 181,130 333,445 333,445 100.0% 333,445 152,315

Reimbursements To Other Funds (164,865) (161,535) (161,535) 100.0% (161,535) 3,330

Total Interfund Transactions 24,055$ 388,035$ 1,288,035$ 30.1% 1,288,035$ 363,980$

NET FUND INCREASE (DECREASE) 1,178,222$ (1,023,803)$ (6,320,195)$ (6,320,195)$ (2,202,025)$


Infrastructure Fund Financial Update


Total Total


12/31/19 Actual $ 5,887,284 7,299,122$

12/31/18 Actual $ 5,742,710 4,588,543$


Major Revenues

Sales Tax Grants Interest Miscellaneous

12/31/19 Actual $ 5,655,461 $ 1,556 $ 216,245 $ 14,022

12/31/18 Actual $ 5,560,074 $ - $ 179,907 $ 2,729

% Change From Last Year 1.7% 0.0% 20.2% 413.8%

Five Year Trend

Major Expenditures Materials & Operation &

Personnel Supplies Contractual Capital Outlay

12/31/19 Actual 1,254,044$ 137,312$ 1,569,116$ 4,338,650$

12/31/18 Actual 1,199,069$ 137,372$ 1,247,108$ 2,004,994$

% Change From Last Year 4.6% 0.0% 25.8% 116.4%

Five Year Trend


12/31/18 12/31/19 12/31/19 12/31/19 2019 Difference Five


Actual Actual Budget Budget Budget Year Trend

Legislative & General Management 166,159$ 167,865$ 179,485$ 93.5% 179,485$ 1,706$

Public Works 1,960,258 3,913,664 6,301,330 62.1% 6,462,865 1,953,406

Engineering & Capital Projects 2,462,126 3,217,593 6,760,415 47.6% 6,760,415 755,467

Total Expenditures 4,588,543$ 7,299,122$ 13,241,230$ 55.1% 13,402,765$ 2,710,579$

Five Year Trend


Infrastructure Fund - Major Sources Five Year Trend



12/31/19 12/31/19




OPERATING REVENUES

Sales Tax 67,242$ 81,663$ 100,000$ 81.7% 100,000$ 14,421$

Real Estate Tax 373,267 412,066 360,000 114.5% 360,000 38,799

Interest 1,975 2,378 900 264.2% 900 403

Total Operating Revenues 442,484$ 496,107$ 460,900$ 107.6% 460,900$ 53,623$

EXPENDITURES

Operation and Contract 3,578$ 3,748$ 4,210$ 89.0% 4,210$ 170$

Other Expenditures 489,820 460,980 460,980 100.0% 460,980 (28,840)

Total Expenditures 493,398$ 464,728$ 465,190$ 99.9% 465,190$ (28,670)$

NET FUND INCREASE (DECREASE) (50,914)$ 31,379$ (4,290)$ (4,290)$ 82,293$

Note - Expenditures are recorded in program 283.


Promenade TIF Fund Financial Update


Total Total


12/31/19 Actual $ 496,107 464,728$

12/31/18 Actual $ 442,484 493,398$


Major Revenues Real Estate

Sales Tax Tax Interest

12/31/19 Actual $ 81,663 $ 412,066 $ 2,378

12/31/18 Actual $ 67,242 $ 373,267 $ 1,975

% Change From Last Year 21.4% 10.4% 20.4%

Five Year Trend

Major Expenditures Operation & Other

Contractual Expenditures

12/31/19 Actual 3,748$ 460,980$

12/31/18 Actual 3,578$ 489,820$


Five Year Trend


Promenade TIF Fund - Major Sources Five Year Trend


Five Year Trend


12/31/19 12/31/19




OPERATING REVENUES

Plan Review Fees 1,050 1,350$ 1,500$ 90.0% 1,500$ 300$

Building/Inspection Fees 8,888 7,838 5,000 156.8% 5,000 (1,050)

Water Sales 9,484,872 9,565,709 10,223,250 93.6% 10,223,250 80,837

Unmetered Sales 37,062 43,704 30,000 145.7% 30,000 6,642

Water Connection Fees 117,134 248,160 50,000 496.3% 50,000 131,026

Fire Service Charge - - 5,000 0.0% 5,000 -

Meter Charges 11,591 27,787 20,000 138.9% 20,000 16,196

Special Services 32,789 32,975 30,000 109.9% 30,000 186

Interest on Investments 105,751 172,835 55,000 314.2% 55,000 67,084

Miscellaneous 92,190 79,064 75,000 105.4% 75,000 (13,126)


EXPENDITURES

Personnel 730,113$ 787,912$ 828,710$ 95.1% 828,710$ 57,799$

Materials and Supplies 65,386 60,199 76,210 79.0% 76,210 (5,187)

Operation and Contract 5,010,814 4,996,813 5,822,285 85.8% 5,822,285 (14,001)

Capital Outlay 2,128,070 4,251,626 6,244,075 68.1% 6,244,075 2,123,556



EXPENDITURES 1,956,944$ 82,872$ (2,476,530)$ (2,476,530)$ (1,874,072)$


Transfers In -$ 221,085$ 221,085$ 100.0% 221,085$ 221,085

Reimbursements To Other Funds (405,170) (551,830) (551,830) 100.0% (551,830) (146,660)

Total Interfund Transactions (405,170)$ (330,745)$ (330,745)$ 100.0% (330,745)$ 74,425$

NET FUND INCREASE (DECREASE) 1,551,774$ (247,873)$ (2,807,275)$ (2,807,275)$ (1,799,647)$


Water Fund Financial Update


Total Total


12/31/19 Actual $ 10,179,422 10,096,550$

12/31/18 Actual $ 9,891,327 7,934,383$


Unmetered Water

Water Sales Sales Connection Fees Meter Charges Miscellaneous

12/31/19 Actual $ 9,565,709 $ 43,704 $ 248,160 $ 27,787 $ 79,064

12/31/18 Actual $ 9,484,872 $ 37,062 $ 117,134 $ 11,591 $ 92,190

% Change From Last Year 0.9% 17.9% 111.9% 139.7% -14.2%

Five Year Trend

Materials & Operation &

Personnel Supplies Contractual Capital Outlay

12/31/19 Actual 787,912$ 60,199$ 4,996,813$ 4,251,626$

12/31/18 Actual 730,113$ 65,386$ 5,010,814$ 2,128,070$

% Change From Last Year 7.9% -7.9% -0.3% 99.8%

Five Year Trend


12/31/18 12/31/19 12/31/19 12/31/19 2019 Difference Five



Public Works 5,777,209$ 5,836,550$ 7,299,035$ 80.0% 7,299,035$ 59,341$

Engineering & Capital Projects 2,157,174 4,260,000 6,224,075 68.4% 6,224,075 2,102,826


Five Year Trend


Water Fund - Major Sources Five Year Trend




Monthly Operating Statement

Sports Core Fund Consolidated Presentation


12/31/19 12/31/19

12/31/19 YTD % of 2019 12/31/18 Difference

B&T Recreation Food & Golf YTD Amended Amended Adopted YTD Prior

Programs Beverage Club Total Budget Budget Budget Total Year

DIRECT REVENUES

Memberships 222,006$ -$ 197,675$ 419,681$ 453,815$ 92.5% 453,815$ 434,674$ (14,993)$

Greens Fees - - 935,847 935,847 930,000 100.6% 930,000 877,228 58,619

Pro Shop Sales - - 206,449 206,449 200,000 103.2% 200,000 189,501 16,948

Golf Lessons - - 33,726 33,726 40,000 84.3% 40,000 36,705 (2,979)

Driving Range Fees - - 244,998 244,998 235,000 104.3% 226,000 216,866 28,132

Rentals - - 337,043 337,043 450,000 74.9% 459,000 401,965 (64,922)

Programs/User Fees 313,523 - - 313,523 253,450 123.7% 253,450 252,447 61,076

Food Sales - 183,550 - 183,550 175,500 104.6% 175,500 157,331 26,219

Beverage Sales - 272,035 - 272,035 252,500 107.7% 252,500 229,184 42,851

Other Revenue 126,124 348,444 10,254 484,822 428,300 113.2% 428,300 455,969 28,853

Total Direct Revenues 661,653$ 804,029$ 1,965,992$ 3,431,674$ 3,418,565$ 100.4% 3,418,565$ 3,251,870$ 179,804$

DIRECT EXPENDITURES

Personnel 119,475$ 287,413$ 1,132,374$ 1,539,262$ 1,572,920$ 97.9% 1,572,920$ 1,535,191$ 4,071$

Materials & Supplies 40,701 222,344 393,012 656,057 580,645 113.0% 580,645 603,710 52,347

Operational & Contractual 613,772 107,048 305,592 1,026,412 1,115,975 92.0% 1,115,975 1,078,114 (51,702)

Other - - (83,150) (83,150) (83,150) 100.0% (83,150) (128,577) 45,427

Capital 465,197 357,371 350,970 1,173,538 1,655,900 70.9% 1,655,900 670,901 502,637

Total Direct Expenditures 1,239,145$ 974,176$ 2,098,798$ 4,312,119$ 4,842,290$ 89.1% 4,842,290$ 3,759,339$ 552,780$

Direct Revenues Over (Under) Expenditures (577,492)$ (170,147)$ (132,806)$ (880,445)$ (1,423,725)$ 61.8% (1,423,725)$ (507,469)$ (372,976)$

B&T Administration Overhead Allocation* 111,890$ (111,890)$ -$ -$ -$ 0.0% -$ -$ -$

Operating Revenues Over (Under) Expenditures (465,602)$ (282,037)$ (132,806)$ (880,445)$ (1,423,725)$ 61.8% (1,423,725)$ (507,469)$ (372,976)$

Transfer From General Fund 419,019$ 285,499$ -$ 704,518$ 1,216,725$ 57.9% 1,216,725$ -$ 704,518$

Transfer From Golf Surcharge Fund - - 212,969 212,969 175,000 121.7% 175,000 217,258 (4,289)

Reimbursement From Infrastructure Fund 24,000 - - 24,000 24,000 100.0% 24,000 24,000 -

Reimbursement From Water Fund 8,000 - - 8,000 8,000 100.0% 8,000 8,000 -

Adjusted Operating Revenues Over (Under) Expenditures (14,583)$ 3,462$ 80,163$ 69,042$ -$ -$ (258,211)$ 327,253$

*Overhead allocation is comprised of salaries, business forms, liability insurance, building & grounds maintenance and bank service fees in Program 811 -

Sports Core General Operations distributed to various Sports Core Programs on a % basis.

**Interfund loan is from the General Fund. This will be repaid as the season begins and cash becomes available.

Total Direct Total Direct


12/31/19 Actual $ 3,431,674 4,312,119$

12/31/18 Actual $ 3,251,870 3,759,339$


Driving Program/

Memberships Greens Fees Range Fees Rentals User Fees

12/31/19 Actual $ 419,681 $ 935,847 $ 244,998 $ 337,043 $ 313,523

12/31/18 Actual $ 434,674 $ 877,228 $ 216,866 $ 401,965 $ 252,447

% Change From Last Year -3.4% 6.7% 13.0% -16.2% 24.2%

Five Year Trend

Materials & Operation & Other

Personnel Supplies Contractual Expenditures Capital Outlay

12/31/19 Actual 1,539,262$ 656,057$ 1,026,412$ (83,150)$ 1,173,538$

12/31/18 Actual 1,535,191$ 603,710$ 1,078,114$ (128,577)$ 670,901$

% Change From Last Year 0.3% 8.7% -4.8% -35.3% 74.9%

Five Year Trend

Revenues by Department 12/31/18 12/31/19 12/31/19 12/31/19 2019 Difference Five



B&T Recreation Programs 670,260$ 661,653$ 646,495$ 102.3% 686,515$ (8,607)$

Food & Beverage 646,697 804,029 127,800 629.1% 663,000 157,332

Golf Club 1,934,913 1,965,992 567,997 346.1% 2,069,050 31,079

Total Revenues 3,251,870$ 3,431,674$ 1,342,292$ 255.7% 3,418,565$ 179,804$

Expenditures by Department 12/31/18 12/31/19 12/31/19 % of 2019 Difference Five



B&T Recreation Programs 973,158$ 1,239,145$ 344,363$ 359.8% 1,883,075$ 265,987$

Food & Beverage 732,381 974,176 281,968 345.5% 1,037,845 241,795

Golf Club 2,053,800 2,098,798 778,751 269.5% 1,921,370 44,998

Total Expenditures 3,759,339$ 4,312,119$ 1,405,082$ 306.9% 4,842,290$ 552,780$

Five Year Trend


Sports Core Fund - Major Sources Five Year Trend





Bath & Tennis Club Recreation Programs

For the Period Ending December 31, 2019 12/31/19 12/31/19

12/31/19 YTD % of 2019 12/31/18 Difference

811 812 813 815 816 YTD Amended Amended Adopted YTD Prior

B&T Admin Swimming Tennis Polo Open Fields Total Budget Budget Budget Total Year

Revenues:

Memberships -$ 207,256$ 14,750$ -$ -$ 222,006$ 244,815$ 90.7% 244,815$ 229,374$ (7,368)$

Programs/User Fees - 19,732 49,083 - 244,708 313,523 253,450 123.7% 253,450 252,447 61,076

Other Revenue (977) 6,473 5,888 - 114,740 126,124 188,250 67.0% 188,250 188,439 (62,315)

Total Revenue (977)$ 233,461$ 69,721$ -$ 359,448$ 661,653$ 686,515$ 96.4% 686,515$ 670,260$ (8,607)$

Expenditures:

Personnel 91,000$ 19,585$ -$ -$ 8,890$ 119,475$ 182,405$ 65.5% 182,405$ 160,983$ (41,508)$

Materials & Supplies 24,896 13,719 711 - 1,375 40,701 26,350 154.5% 26,350 19,334 21,367

Operational & Contractual 65,135 277,574 71,850 20,000 179,213 613,772 673,820 91.1% 673,820 701,253 (87,481)

Capital 25,195 425,382 - 14,620 465,197 1,000,500 46.5% 1,000,500 91,588 373,609

Total Expenditures 206,226$ 736,260$ 72,561$ 20,000$ 204,098$ 1,239,145$ 1,883,075$ 65.8% 1,883,075$ 973,158$ 265,987$

Direct Revenues Over (Under) Expenditures (207,203)$ (502,799)$ (2,840)$ (20,000)$ 155,350$ (577,492)$ (1,196,560)$ 48.3% (1,196,560)$ (302,898)$ (274,594)$

B&T Administration Overhead Allocation* 207,203$ (74,593)$ (20,720)$ -$ -$ 111,890$ 91,410$ 122.4% 91,410$ 120,701$ (8,811)$

Revenues Over (Under) Expenditures -$ (577,392)$ (23,560)$ (20,000)$ 155,350$ (465,602)$ (1,105,150)$ 42.1% (1,105,150)$ (182,197)$ (283,405)$

Transfer From General Fund 12,476$ 406,543$ -$ -$ -$ 419,019$ 965,500$ 43.4% 965,500$ -$ 419,019$

Reimbursement From Infrastructure Fund 24,000 - - - - 24,000 24,000 100.0% 24,000 24,000 -

Reimbursement From Water Fund 8,000 - - - - 8,000 8,000 100.0% 8,000 8,000 -

Adjusted Revenues Over (Under) Expenditures 44,476$ (170,849)$ (23,560)$ (20,000)$ 155,350$ (14,583)$ (107,650)$ (107,650)$ (150,197)$ 135,614$

*Overhead allocation is comprised of salaries, business forms, liability insurance, building & grounds maintenance and bank service fees in Program 811 - Sports Core

General Operations distributed to various Sports Core Programs on a percentage basis.

**Interfund loan is from the General Fund. This will be repaid as the season begins and cash becomes available.



Sports Core Food & Beverage Programs


12/31/19 12/31/19

821 822 823 12/31/19 YTD % of 2019 12/31/18 Difference

B&T Poolside Golf YTD Amended Amended Adopted YTD Prior

Clubhouse Café Clubhouse Total Budget Budget Budget Total Year

Revenues:

Food Sales -$ 35,375$ 148,175$ 183,550$ 175,500$ 104.6% 175,500$ 157,331$ 26,219$

Beverage Sales - 19,534 252,501 272,035 252,500 107.7% 252,500 229,184 42,851

Other Revenue 348,444 - - 348,444 235,000 148.3% 235,000 260,182 88,262

Total Revenue 348,444$ 54,909$ 400,676$ 804,029$ 663,000$ 121.3% 663,000$ 646,697$ 157,332$

Expenditures:

Personnel 130,195$ 29,839$ 127,379$ 287,413$ 286,125$ 100.5% 286,125$ 252,489$ 34,924$

Materials & Supplies 19,892 30,849 171,603 222,344 208,200 106.8% 208,200 180,454 41,890

Operational & Contractual 97,832 25 9,191 107,048 153,120 69.9% 153,120 131,628 (24,580)

Capital 357,371 - - 357,371 390,400 91.5% 390,400 167,810 189,561

Total Expenditures 605,290$ 60,713$ 308,173$ 974,176$ 1,037,845$ 93.9% 1,037,845$ 732,381$ 241,795$

Direct Revenues Over (Under) Expenditures (256,846)$ (5,804)$ 92,503$ (170,147)$ (374,845)$ 45.4% (374,845)$ (85,684)$ (84,463)$

B&T Administration Overhead Allocation* (103,602)$ (8,288)$ -$ (111,890)$ (91,410)$ 122.4% (91,410)$ (120,701)$ 8,811$

Revenues Over (Under) Expenditures (360,448)$ (14,092)$ 92,503$ (282,037)$ (466,255)$ 60.5% (466,255)$ (206,385)$ (75,652)$

Transfer From General Fund 285,499$ -$ -$ 285,499$ 251,225$ 113.6% 251,225$ -$ 285,499$

Adjusted Revenues Over (Under) Expenditures (74,949)$ (14,092)$ 92,503$ 3,462$ (215,030)$ (215,030)$ (206,385)$ 209,847$

*Overhead allocation is comprised of salaries, business forms, liability insurance, building & grounds maintenance and bank service fees in Program 811 -

Sports Core General Operations distributed to various Sports Core Programs on a percentage basis.



Golf Club Programs

For the Period Ending December 31, 201912/31/19 12/31/19

831 832 833 834 12/31/19 YTD % of 2019 12/31/18 Difference

Golf General Golf Learning Golf Cart Golf Course YTD Amended Amended Adopted YTD Prior

Operation & Practice Operations Maintenance Total Budget Budget Budget Total Year

Revenues:

Memberships 197,675$ -$ -$ -$ 197,675$ 209,000$ 94.6% 209,000$ 205,300$ (7,625)$

Greens Fees 935,847 - - - 935,847 930,000 100.6% 930,000 877,228 58,619

Pro Shop Sales 206,449 - - - 206,449 200,000 103.2% 200,000 189,501 16,948

Golf Lessons - 33,726 - - 33,726 40,000 84.3% 40,000 36,705 (2,979)

Driving Range Fees - 244,998 - - 244,998 235,000 104.3% 226,000 216,866 28,132

Rentals 4,576 - 332,467 - 337,043 450,000 74.9% 459,000 401,965 (64,922)

Other Revenue 10,254 - - - 10,254 5,050 203.0% 5,050 7,348 2,906

Total Revenue 1,354,801$ 278,724$ 332,467$ -$ 1,965,992$ 2,069,050$ 95.0% 2,069,050$ 1,934,913$ 31,079$

Expenditures:

Personnel 483,643$ 59,752$ 55,566$ 533,413$ 1,132,374$ 1,104,390$ 102.5% 1,104,390$ 1,121,719$ 10,655$

Materials & Supplies 174,019 19,688 1,348 197,957 393,012 346,095 113.6% 346,095 403,922 (10,910)

Operational & Contractual 207,333 13,831 53,144 31,284 305,592 289,035 105.7% 289,035 245,233 60,359

Other - - - (83,150) (83,150) (83,150) 100.0% (83,150) (128,577) 45,427

Capital 262,740 - - 88,230 350,970 265,000 132.4% 265,000 411,503 (60,533)

Total Expenditures 1,127,735$ 93,271$ 110,058$ 767,734$ 2,098,798$ 1,921,370$ 109.2% 1,921,370$ 2,053,800$ 44,998$

Direct Revenues Over (Under) Expenditures 227,066$ 185,453$ 222,409$ (767,734)$ (132,806)$ 147,680$ -89.9% 147,680$ (118,887)$ (13,919)$

Transfer from Golf Surcharge 212,969$ -$ -$ 212,969$ 175,000$ 121.7% 175,000$ 217,258$ (4,289)$

Adjusted Revenues Over (Under) Expenditures 440,035$ 185,453$ 222,409$ (767,734)$ 80,163$ 322,680$ 322,680$ 98,371$ (18,208)$

BOT AGENDA 012282020

Page 1



630-368-5000


of January 28, 2020

SUBJECT: Award of Contract – Underground Facilities Location and Marking of Village Owned Utilities


BUDGET SOURCE/BUDGET IMPACT: $99,000.00 is budgeted in Water Fund 351-76700

RECOMMENDED MOTION: I move that the Village Board issue a standing purchase order to renew the Village’s contract with USIC Locating Services, LLC, Cincinnati, OH, for Underground Facilities Location and Marking Services of Village Owned Utilities in the amount of $95,500.00.

Background/History: In 2016, the Village contracted with USIC to locate and mark Village-owned underground utilities. This allowed the Public Works Department to reduce staff by one full-time employee and decrease the Village’s fleet by one vehicle. The cost of this service in 2019 was $92,666.62. The contract renews annually and has a mutually agreed upon increase of 3%. Staff is estimating that the 2020 annual cost will be approximately $95,500.00.

USIC is the only locating contractor that offers 24 hour per day utility locating and is the largest underground utility locating and damage prevention company in North America. They employ 8,000 locate technicians who protect the assets of municipal, utility, and telecommunication companies in 44 states across the United States and Canada. USIC locates for Nicor Gas, Commonwealth Edison, Ameritech, Xfinity Cable, and many fiber optic companies. Currently, USIC is locating these other utilities in Oak Brook and have added locating the Village-owned utilities on each ticket.

ITEM 6.E

BOT AGENDA 012282020 Page 2

Recommended Action: That the Village Board issue a standing purchase order to renew the Village’s contract with USIC Locating Services, LLC, Cincinnati, OH, for Underground Facilities Location and Marking Services of Village Owned Utilities in the amount of $95,500.00, to be billed at a per-locate ticket price.

REG BOT 012820 Agenda Item 8.A.1 - Park District 1450 Forest Gate - TA.doc Page 1

ITEM 8.A.1



630-368-5000


of January 28, 2020

SUBJECT: Oak Brook Park District, 1450 Forest Gate Road – Amend Ordinance S-1403 for Ball Field Lighting

FROM: Tony Budzikowski, AICP, Development Services Director

BUDGET SOURCE/BUDGET IMPACT: NA

RECOMMENDED MOTION: I move that the Village Board approve Ordinance S-1593, which amends and provides for technical corrections to Ordinance S-1403 related to ball field lighting at Central Park.

Background/History: This request was previously before the Village Board on November 26, 2019 and continued to finalize the details of the ordinance amendments.

Representatives from the Forest Gate Homeowners Association, Oak Brook Park District and Village of Oak Brook have been meeting to discuss changes to Ordinance S-1403 concerning certain technical corrections for the ball field lighting at Central Park. The purpose of these meetings was to discuss some problems with vagueness and uncertainty in the adopted ordinance language and to clarify the terms and conditions related to enforcement provisions of the ordinance. Some of the necessary points of clarification were as follows:

• the geographic location of light level measurements• timeline to conduct the measurements• deadline for written report distribution of the measurements• clarification on the compliance date for the correction of any nonconforming

lights

All of the represented parties involved with the meeting determined that the above ordinance amendments constituted minor technical corrections to S-1403. That being


said, the Village also determined it was important that the discussion and adoption of any new ordinance language was conducted at an open meeting in order to be transparent and to be sure that the public had an opportunity to listen to the proposal and provide comments.

A copy of ordinance S-1593 has been provided for review and reference purposes. The originally approved S-1403, adopted on July 8, 2014 has also been included in the packet for reference purposes as well.

Recommendation: Approve Ordinance S-1593.

.



AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS REGARDING THE USE OF THE BALL FIELD

LIGHTS AT 1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS





Village Board



ORDINANCE 2020-ZO-V-EX-S-1593 AN ORDINANCE GRANTING AN AMENDMENT TO VARIATIONS

REGARDING THE USE OF THE LIGHTS AT 1450 FOREST GATE ROAD IN THE VILLAGE OF OAK BROOK

(Oak Brook Park District – 1300-1500 Forest Gate Road, Oak Brook, Illinois 60523 PINS: 06-26-303-001; 06-26-303-002; 06-26-303-003; 06-26-303-004; 06-35-400-031)

WHEREAS, the Oak Brook Park District (“District”) owns the property located at 1300 to 1500 Forest Gate Road and legally described in Exhibit A attached hereto and incorporated herein (“Property”); and

WHEREAS, Fields 1, 2, 3, 4 (collectively, “Ball Fields”), and a synthetic turf soccer field (“Soccer Fields”) are located on the Property, as depicted in Exhibit B attached hereto and incorporated herein; and

WHEREAS, the Property is located in the Village’s CR Conservation/Recreation District; and

WHEREAS, the maximum height for structures in the CR Conservation/Recreation District, pursuant to Section 13-5-4 of the “Zoning Ordinance of the Village of Oak Brook,” as amended (“Zoning Regulations”), is 30 feet, although structures in this District may have a maximum height of 40 feet upon issuance by the Village of a special use permit; and

WHEREAS, upon application of the District, on August 9, 1994, and pursuant to Ordinance 94-ZO-V-E1-S-779 (“S-779”), the President and Board of Trustees granted a variation to theDistrict from the Zoning Regulations to allow the District to construct 64.5-foot high light poleson Fields 2 and 3, which variation was subject to certain conditions; and

WHEREAS, upon further application of the District, on September 28, 2004, and pursuant to Ordinance 2004-ZO-V-S-1084 (“S-1084”), the President and Board of Trustees granted an additional variation to the District to permit the construction of 70-foot high light poles on Field 1, subject to certain conditions, which included restrictions on the days and hours the lights on the Ball Fields could be used; and

WHEREAS, upon further application of the District, on October 12, 2010, and pursuant to Ordinance 2010-ZO-V-EX1-S-1296 (“S-1296”), the President and Board of Trustees amended S-1084 to, among other things, adjust the conditions in S-1084 that restricted the days and hours the lights on the Ball Fields could be used, and to allow adult athletic teams to use the lights on Field 1; and

WHEREAS, upon further application of the District, on September 25, 2012, and pursuant to Ordinance 2012-ZO-V-EX1-S-1350 (“S-1350”), the President and Board of Trustees granted the District an additional variation to construct four seventy-foot high light poles on the previously unlighted Soccer Field (“Soccer Field Light Variation”); and

2

WHEREAS, the Soccer Field Light Variation was subject to certain conditions, including limited restrictions on the hours during which the Soccer Field lights could be used, and limited restrictions providing that the Soccer Field Lights could be used only from April 1 to November 15 (“Soccer Field Days Restriction”); and

WHEREAS, on February 12, 2013, and pursuant to Ordinance 2013-ZO-V-EX-S-1361 (“S-1361”) (“Park District Variation Ordinance”), the President and Board repealed S-779, S-1084, S-1296, and S-1350 and restated the variations granted, and the conditions imposed, by those Ordinances in one consolidated ordinance containing the conditions and requirements related to the District’s use of the Ball Fields and the Soccer Field under the Village Zoning Regulations; and

WHEREAS, on September 6, 2013, the District filed a new petition (“Petition”) requesting an amendment to the Park District Variation Ordinance to eliminate the Soccer Field Days Restriction, with the effect that under the Petition, Soccer Field lights would be allowed to be utilized 365 days a year (“Proposed Amendment”); and

WHEREAS, on October 1, 2013, the Oak Brook Zoning Board of Appeals (“ZBA”) conducted a public hearing, pursuant to due and appropriate legal notice, on the Petition for its Proposed Amendment; and

WHEREAS, after the close of the public hearing, the ZBA found that the District satisfactorily addressed the facts required for approval of the Proposed Amendment set forth in Section 13-4-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated October 16, 2013, the recommended approval of the Proposed Amendment subject to certain conditions; and

WHEREAS, the Village Board publicly considered and publicly continued this consideration of the Proposed Amendment at its November 12, November 26, and December 10, 2013 meetings, and at its January 14, February 11, April 8, May 27 and June 10, 2014 meetings; and

WHEREAS, at the June 10, 2014 meeting, the Village Board continued the consideration of the Proposed Amendment to its July 8, 2014 meeting; and

WHEREAS, in response to the Proposed Amendment, the Village Board, Village Staff, and Village Attorney have worked determinedly to foster intergovernmental cooperation with the District in order to develop changes to the Park District Variation Ordinance that reasonably and clearly provide the District with adjustments to the lighting restrictions related to the Ball Fields and the Soccer Field, while mitigating to the extent possible the impacts of the use of the lights on the Ball Fields and Soccer Field on the surrounding residents’ ability to enjoy the use of their residential properties; and

WHEREAS, the President and Board of Trustees have determined that the amendments to the Park District Variation Ordinance as set forth in this Ordinance are reasonable and fair and

3

carefully address the Village’s legitimate interests in (1) providing zoning relief to the District that complies with the standards set forth in Section 13-14-6 of the Zoning Regulations, (ii) minimizing the injurious effects of the lights for the Ball Fields and the Soccer Field upon surrounding residential properties, and (iii) otherwise protecting the general purpose and intent of the Zoning Regulations; and

WHEREAS, the conditions set forth in this Ordinance related to the brightness and intensity of the Ball Field and Soccer Field lights are intended to allow the District to generally use the Ball Field and Soccer Field lights at the brightness and intensity levels at which they are currently being used; and

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:

Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees.

Section 2. Amendment to Variation Ordinance. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, Section 3 of S-1361 is hereby amended in its entirety so that Section 3 of S-1361 shall hereinafter be and read as follows:

“Section 3. Conditions. Notwithstanding a use or development right that may be applicable or available pursuant to the provisions of the Zoning Regulations or any other rights the District may have, the approvals granted in Section 2 of this Ordinance are expressly subject to and contingent upon each of the following conditions:

A. International Lights on Field 1. The original light configuration on Field 1 will bealtered to include International Lights which can be focused onto Field 1 and placedon the light standards that face directly towards the Forest Gate subdivision locatedimmediately south of the Property (“Forest Gate”) (approximately 15 of 41 totallights); and

B. Illumination Standards for Fields 1, 2, 3, 4 and the Soccer Field.I. The illumination from the lights on Fields 1, 2, 3, 4 and the Soccer Field,

collectively, may not exceed ½ foot candle at the property line of Forest Gate.II. All non-LED individual light fixtures that illuminate Fields 1, 2, 3, 4, including,

without limitation, any light fixtures that are installed to illuminate anyadditional baseball fields installed on the Property, shall not exceed 30 footlamberts of intensity, subject to up to 10 percent fluctuation, and temporaryfluctuation for any newly installed light bulbs that may occur while the lightbulbs decay to their normal luminance level, as measured from anunobstructed view of each light fixture as needed from the brightest locationsas determined by the lighting consultant, with input from the Forest Gate

4

Homeowners Association, within the region bounded by the Southerly-most curb line of the ring road and extending South up to and including the top plateau of the bermed earthworks, in Forest Gate (the “Measurement Zone”) and generally depicted for demonstrative guidance on the diagram attached hereto.

III. All individual light fixtures that illuminate the existing Soccer Field shall notexceed 40 foot lamberts of intensity, subject to up to 10 percent fluctuation,and temporary fluctuation for any newly installed light bulbs that may occurwhile the light bulbs decay to their normal luminance level, as measured froman unobstructed view from the northerly-most lot lines of lots 67, 68 and 69in Forest Gate.

C. Landscaping. The District will transport mature landscaping from within the Districtto the Forest Gate Road side of Field 1 that will grow to block the view and aura of thelights from Forest Gate residences; and

D. Retrofitting Lights on Field 2 and 3. The District will retrofit the existing lights on Fields2 and 3 with Qualite Sports Lighting Fixtures, International Series, or an alternativetype of lighting fixture reasonably acceptable to the Village.

E. Walking and Parking Signs. The district will install walking paths and parking signs todirect patrons to proper parking locations near the Family Recreation Center and theRacquet Club; and

F. Installation of Light Switches. The District will ensure the retrofitting of automatic offlight switches on Fields 2 and 3 and install automatic off light switches on Fields 1 and4 and on the Soccer Field.

G. Dates of Operation of Lights.I. The District will only use the lights on Fields 1, 2, 3 and 4 between April 1 and

November 15, provided, however, that between November 1 to November 15, the District will only use the lights on Field 1 for youth athletic teams (highschool age and younger). The lights on Fields 1, 2, 3 and 4 will not be used forany reason between November 16 and March 31.

II. Subject to Paragraph III of this Subsection, the District will only use the lightson the Soccer Field between March 1 and December 15. The lights on theSoccer Field will not be used for any reason between December 16 and the lastday of February (“Soccer Field Date Restriction”).

III. The Soccer Field Date Restriction will not apply if: (i) the Class of Play for soccerillumination levels is reduced from II to either III or IV, as defined in theIlluminating Engineering Society of North America’s Lighting Handbook, TenthEdition published in 2011; or (ii) all of the individual lights on the Soccer Fieldproduce no more than 30 foot lamberts of intensity, subject to temporaryfluctuation for any newly installed light bulbs that may occur while the lightbulbs decay to their normal luminance level, at all times of year as measured

5

from an unobstructed view of any Soccer Field light fixture from the northerly-most lot lines of lots 67, 68 and 69 in Forest Gate.

H. Times of Operation of Lights. Subject to the restrictions on dates in SubsectionG of this Ordinance, the lights on Fields 1, 2, 3, 4 and the Soccer Field will: (1)have secure activations that are only accessible by the coaches of the teamsusing the Fields; and (2) automatically shut off no later than:

I. 10:30 p.m. for the lights on Fields 2, 3 and 4II. 9:00 p.m. for the lights on Field 1

III. If the Soccer Field Date Restriction applies, then 10:30 p.m. for thelights on the Soccer Field. If the Soccer Field Date Restriction does notapply, then 9:30 p.m. from December 15 to the last day of February,and 10:30 p.m. from March 1 to December 14.

I. Testing of Lights.

I. Testing Requirements Applicable to Non-LED lighting. In order toensure compliance with the conditions contained in Section 3.B.(II) ofthis Ordinance, until such time as LED lights are installed, the Districtwill retain a third-party lighting professional reasonably approved inadvance by the Village to conduct a light measurement test applicableto the non-LED lights between October 1 and December 15 of eachyear to insure that non-LED lights on Fields 2, 3, 4, and any future fieldsthat may be installed on the Property, comply with Section 3 of thisOrdinance (“Non-LED Test”). The conditions in Subsection 3.G of thisOrdinance will not apply during the Non-LED Test. The Non-LED Testwill be conducted, on not less than 7 days prior written notice, in thepresence of Village employees designated by the Village,representatives of the Park District, and one to four individualsdesignated by the Forest Gate Homeowners Association, and resultswill be documented in a written report that will be simultaneouslyshared by the consultant, in its entirety, with the Park District, theForest Gate Homeowners Association and the Village, within not morethan thirty (30) days after conduct of the Non-LED Test. If a Non-LEDTest determines that any of the Non-LED lights on Fields 2, 3, 4, or anyfields that may be installed on the Property do not comply with Section3 of this Ordinance, the Park District will bring the lights intoconformance with the requirements of Section 3 prior to the nextrecreational use of the non-conforming lights by the Park District.

II. Termination of Lights Testing for LED Lighting. The Park District’sobligation to measure light levels for a ballfield light fixture as requiredin Section 3.I.(I) shall terminate upon completion of the following: (i)

6

installation of LED lighting for said fixture; and (ii) an initial test on or before next recreational use of the LED lighting, to confirm that light levels are consistent with the limitations set forth above. The Park District shall provide Forest Gate Homeowner’s Association and the Village with a copy of the test results not more than 30 days after the test has been conducted. Commencing after the Park District’s installation of LED lighting at any ballfield located on the Property, if the Forest Gate Homeowner’s Association believes in good faith that one or more specified LED lights are not in compliance with the standards set forth in Sections 3B (II) and (III) above, it shall provide written notice to the Village Manager identifying the field and the alleged non-compliant light fixture (“FG Notice”). Within 10 days after receipt of the FG Notice from the Association, the Village shall notify the Park District and: (i) if the non-compliant LED fixture is out of its intended position, the Park District shall securely re-position the fixture to its designed position prior to the later of (i) the next recreational use, or (ii) 30 days after the FG Notice and no test shall be required; or (ii) if the non-compliant LED fixture is within the parameters of itsintended position, the Park District shall retain a lighting consultant tomeasure the light levels from the alleged non-compliant fixture (“LEDTest”), (following the process and procedure set forth for a Non LEDTest set forth above). If the LED Test indicates the fixture does notcomply with the standards set forth in Section 3B (II) or (III), the ParkDistrict shall, prior to the later of (i) the next recreational use, or (ii) 30days after the LED Test, modify the lighting configuration to achievefull compliance. If readings from the alleged non-compliant fixture(s)do comply with the standards set forth in Section 3B (II) or (III), theHomeowner’s Association shall, within 30 days of receipt of a copy ofthe paid consultant’s invoice for such LED Test, reimburse the ParkDistrict’s for the consultant’s fees to conduct the LED Test. The ParkDistrict shall not be required to conduct more than one (1) LED test percalendar year.

J. Review of On-Street Parking. On-street parking shall continue to be allowedon Forest Gate Road (“Parking”) until July 31, 2013 while the Village studieswhether the Parking creates any safety issues. If, on or after July 31, 2013, theVillage determines, in its sole discretion, that the Park is not safe, the Villagereserves the right to relocate or remove the Parking and the District shallcooperate with the Village to develop a plan to remove the Parking and makealternate parking arrangements for persons using Fields 1, 2, 3, 4 and thesynthetic turf soccer field; and

7

K. Compliance with Applicable Law. In addition to the other specificrequirements of this Ordinance, the Property, and all of the operations andactivities conducted on and in the Property, must comply at all times with allapplicable federal, state, and Village statutes, ordinances, resolutions, rules,codes and regulations; and

L. Agreement and Consent. Within 60 days after the date of final passage of thisOrdinance, the District will execute and file with the Village Clerk, for recordingin the Office of the DuPage County Recorder of Deeds, an unconditionalagreement and consent, as attached to this Ordinance as Exhibit C, to acceptand abide by each and all of the terms, conditions, and limitations set forth inthis Ordinance (“Unconditional Agreement and Consent”).

Section 3. Failure to Comply with Conditions. Upon failure or refusal of the District to comply with any or all of the conditions, restrictions, or provisions of S-1361, as amended by this Ordinance, the Variation Amendment granted in Section 2 of this Ordinance will, at the sole discretion of the Village President and the Village Board of Trustees, by ordinance duly adopted, be revoked and become null and void.

Section 4. Binding Effect; Non-Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance.

Section 5. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.

Section 6. Effective Date. This Ordinance will be effective only upon passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law and publication in pamphlet form in the manner required by law.

Effective Date. This Technical Correction is made to apply prospectively from the date of approval shown below, upon approval by the President and Board of Trustees of the Village of Oak Brook in the manner required by law and publication in pamphlet form in the manner required by law.

TECHNICAL CORRECTION APPROVED AND PASSED THIS ___ day of _____, 2020.


8

Ayes:_______________________

Nays:_______________________

Absent:_____________________

ATTEST:

Village Clerk


ITEM 9.A.2 BOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER


630-368-5000


of November 26, 2019




RECOMMENDED MOTION: I move that the Village Board continue the discussion concerning technical corrections to Ordinance S-1403 related to ball field lighting at Central Park to the meeting on December 10, 2019.

Background/History: This request was previously discussed amongst the Village Board on November 12, 2019 and continued to the following Board meeting on November 26th. The Forest Gate Homeowners Association, Oak Brook Park District and Village of Oak Brook did recently meet again on Wednesday, November 20th to continue discussions on the lighting locations, measurements and other lighting options. Based upon these productive discussion, there was consensus that some additional time was necessary to finalize the details of an ordinance amendment and that a continuance to the Board’s next meeting on December 10, 2019 was appropriate.

Representatives from the Forest Gate Homeowners Association, Oak Brook Park District and Village of Oak Brook recently met to discuss changes to Ordinance S-1403 concerning certain technical corrections for the ball field lighting at Central Park. The purpose of this meeting was to discuss some problems with vagueness and uncertainty in the adopted ordinance language and to clarify the terms and conditions related to enforcement provisions of the ordinance. Some of the necessary points of clarification were as follows:

• the geographic location of light level measurements• timeline to conduct the measurements


• deadline for written report distribution of the measurements• clarification on the compliance date for the correction of any nonconforming

lights

All of the represented parties involved with the meeting determined that the above ordinance amendments constituted minor technical corrections to S-1403. That being said, the Village also determined it was important that the discussion and adoption of any new ordinance language was conducted at an open meeting in order to be transparent and to be sure that the public had an opportunity to listen to the proposal and provide comments.

A copy of revised ordinance S-1583 has been provided for review and reference purposes and the applicable amendments are underlined and included in Section Two of the new ordinance. The originally approved S-1403, adopted on July 8, 2014 has also been included in the packet for reference purposes as well. Staff has highlighted the comparable sections of S-1403 for ease of review and for comparison purposes.

Although consensus was not reached on all discussions points, staff believes that a good faith effort was made by all of the parties represented and that the new draft ordinance does provide technical corrections that will assist the Village in the measurement and enforcement of the ball field lighting at Central Park and hopefully correct some of the problems that have been experienced over time.

Recommendation: Continue the discussion and approval of the ordinance to the December 10, 2019 meeting.

.

REG BOT 111219 Agenda Item 9.A.1 - Park District 1450 Forest Gate .docPage 1

ITEM 9.A.1BOARD OF TRUSTEES MEETINGSAMUEL E. DEAN BOARD ROOMBUTLER GOVERNMENT CENTER

1200 OAK BROOK ROADOAK BROOK, ILLINOIS

630-368-5000

AGENDA ITEMRegular Board of Trustees Meeting

of November 12, 2019




RECOMMENDED MOTION: I move that the Village Board approve Ordinance S-1583 in order to approve certain technical corrections to Ordinance S-1403 related to ball field lighting at Central Park.

Background/History:Representatives from the Forest Gate Homeowners Association, Oak Brook Park Districtand Village of Oak Brook recently met to discuss changes to Ordinance S-1403 concerning certain technical corrections for the ball field lighting at Central Park. The purpose of this meeting was to discuss some problems with vagueness and uncertainty inthe adopted ordinance language and to clarify the terms and conditions related to enforcement provisions of the ordinance. Some of the necessary points of clarification were as follows:

• the geographic location of light level measurements• timeline to conduct the measurements• deadline for written report distribution of the measurements• clarification on the compliance date for the correction of any nonconforming

lights

All of the represented parties involved with the meeting determined that the above ordinance amendments constituted minor technical corrections to S-1403. That being said, the Village also determined it was important that the discussion and adoption of any new ordinance language was conducted at an open meeting in order to be transparent and

to be sure that the public had an opportunity to listen to the proposal and provide comments.

A copy of revised ordinance S-1583 has been provided for review and reference purposes and the applicable amendments are underlined and included in Section Two of the new ordinance. The originally approved S-1403, adopted on July 8, 2014 has also been included in the packet for reference purposes as well. Staff has highlighted the comparable sections of S-1403 for ease of review and for comparison purposes.

Although consensus was not reached on all discussions points, staff believes that a goodfaith effort was made by all of the parties represented and that the new draft ordinance does provide technical corrections that will assist the Village in the measurement and enforcement of the ball field lighting at Central Park and hopefully correct some of the problems that have been experienced over time.

Recommendation:Approve Ordinance S-1583.

.



AN ORDINANCE AMENDING ORDINANCE 2014-ZO-V-EX-S-1403 OF



JOHN BARR PHILIP CUEVAS



Village Board


on this the 12th day of November, 2019

ORDINANCE NO. 2019-ZO-V-EX-S-1583

AN ORDINANCE AMENDING

ORDINANCE 2014-ZO-V-EX-S-1403 OF


WHEREAS, the Village of Oak Brook (hereinafter referred to as the “Village”) is an Illinois

Municipal Corporation organized pursuant to the laws of the State of Illinois;

WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS

5/11-13-5, to vary its zoning regulations where there are practical difficulties or particular hardship

in observing those regulations for the use, construction, or alteration of buildings or structures or

the use of land;

WHEREAS, the Oak Brook Park District (hereinafter referred to as the "Park District")

owns the property located at 1300 to 1500 Forest Gate Road and legally described in Exhibit A

which is attached hereto and incorporated herein (hereinafter referred to as the "Subject

Property");

WHEREAS, upon application of the Park District, on August 9, 1994, and pursuant to

Ordinance 94-ZO-V-E1-S-779 (hereinafter referred to as “S-779”) the President and Board of

Trustees granted a variation to the Park District from the Zoning Regulations to allow the Park

District to construct 64.5-foot high light poles on Fields 2 and 3, which variation was subject to

certain conditions;

WHEREAS, upon further application of the Park District, on September 28, 2004, and

pursuant to Ordinance 2004-ZO-V-S-1084 (hereinafter referred to as “S-1084"), the President and

Board of Trustees granted an additional variation to the Park District to permit the construction of

70-foot high light poles on Field 1, subject to certain conditions, which included restrictions on the

days and hours the lights on the Ball Fields could be used;

Ordinance 2019-ZO-V-EX-S-1583An Ordinance Amending Ordinance

2014-ZO-V-EX-S-1403 Field LightingPage 2 of 9

WHEREAS, upon further application of the District, on October 12, 2010, and pursuant to

Ordinance 2010-ZO-V-EX1-S-1296 (hereinafter referred to as “S-1296"), the President and Board

of Trustees amended Ordinance S-1084 to, among other things, adjust the conditions in

Ordinance S-1084 that restricted the days and hours the lights on the Ball Fields could be used,

and to allow adult athletic teams to use the lights on Field 1;

WHEREAS, upon further application of the Park District, on September 25, 2012, and

pursuant to Ordinance 2012-ZO-V-EX-S-1350 ((hereinafter referred to as "S-1350"), the

President and Board of Trustees granted the District an additional variation to construct four

seventy-foot high light poles on the previously unlighted Soccer Field subject to certain conditions,

including limited restrictions on the hours during which the Soccer Field lights could be used;

WHEREAS, on February 12, 2013 pursuant to Ordinance 2013-ZO-V-EX-S-1361

(hereinafter referred to as "S-1361") the President and Board repealed S-779, S-1084, S-1296

and S- 1350 and restated the variations granted and the conditions imposed by those Ordinances

in one consolidated ordinance containing the conditions and requirements related to the Park

District's use of the Ball Fields and the Soccer Field under the Village Zoning Regulations;

WHEREAS, on September 6, 2013 the Park District filed a new petition requesting an

amendment to the Park District Variation Ordinance, which included in part the elimination of days

restriction approval of the proposed amendment subject to certain conditions after a public

hearing the Zoning Board of Appeals made a positive recommendation to the Village Board;

WHEREAS, the Village Board after review of the petition and careful consideration of the

positive recommendation of the Zoning Board of Appeals adopted Ordinance 2014-ZO-V-EX-S-

1403 (hereinafter referred to as “S-1403”) finding that the amendments to the Park District

Variation Ordinance are reasonable and fair and carefully address the Village's legitimate

interests in (i) providing zoning relief to the District that complies with the standards set forth in

the Village’s Zoning Regulations, (ii) minimizing the injurious effects of the lights for the Ball Fields



and the Soccer Field upon surrounding residential properties, and (iii) otherwise protecting the

general purpose and intent of the Zoning Regulations;

WHEREAS, since the adoption of S-1403 the Village has received complaints from the

adjacent Forest Gate Homeowner’s Association (hereinafter referred to as the “HOA”) pertaining

to the overflow of light from the various sports fields;

WHEREAS, Village staff has attempted to intervene in order to resolve the complaints and

as a result have identified issues pertaining to the interpretation of S-1403, which include but are

not limited to the identification of the point of measurement - “northerly-most curb line” and the

identification of a point with an “unobstructed view”;

WHEREAS, representatives from the Village Board have intervened and as a result of

several meetings with the respective parties, Park District and adjacent HOA members, have

identified those sections of S-1403 which are ambiguous in nature and have recommended

certain technical corrections to sections of S-1403 which provide the requisite clarity in the

application of the S-1403;

WHEREAS, the Corporate Authorities of the Village of Oak Brook are now desirous of

adopting an amendment to S-1403 making certain technical corrections and providing clarity in

the interpretation of said ordinance resulting in an amicable resolution of the identified issues;

WHEREAS, the Village Board understanding the sensitive nature of this matter has further

elected to provide all interested parties the opportunity to provide input at a public meeting of the

Village Board;

WHEREAS, the Village Board has conducted a public meeting in order to consider any

comments from all interested parties with respect to the proposed amendment to S-1403 all

pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances

of the Village of Oak Brook;



WHEREAS, the Village of Oak Brook Board Trustees find that the proposed amendments

to be reasonable and appropriate under the standards adopted by the Village of Oak Brook Zoning

Regulations and provide additional clarity and guidance in the application of S-1403; and

WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that

that it is in the best interests of the safety, health and welfare of the residents to amend the

Ordinance 2014-ZO-V-EX-S-1403 as provided for herein.

NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village

President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois

as follows:

Section One – Recitals

The Board of Trustees hereby find that all of the recitals hereinbefore stated as contained

in the preamble to this ordinance are full, true and correct and do hereby, by reference,

incorporate and make them part of this ordinance as legislative findings.

Section Two – Amendment Ordinance S-1403

The following sections of Ordinance S-1403 shall be amended as follows:

Section 3.B.ii shall be restated in its entirety as follows:

All individual light fixtures that illuminate Fields 1, 2, 3, 4, including without limitation, any light fixtures that are installed to illuminate any additional baseball fields installed on the Property, shall not exceed 30 foot lamberts (fl) of intensity, subject to up to 10 percent fluctuation, and temporary fluctuation for any newly installed light bulbs that may occur while the light bulbs decay to their normal luminance level, as measured from an unobstructed view of each light fixture as needed from the brightest locations as determined by the Village in its sole discretion within the region bounded by the Southerly-most curb line of the ring road and extending South up to and including the top of the earth berm in Forest Gate (the “Measurement Zone”) and generally depicted for demonstrative guidance on the diagram attached hereto

Section 3.I shall be restated in its entirety as follows:

Testing of Lights. In order to ensure compliance with the conditions contained in Section 3 of this Ordinance, the District will retain a third-party lighting professional, reasonably approved in advance by the Village, to conduct a light measurement test between November 16 and December 15 of each season to insure that the lights on Fields 1, 2, 3, 4, the Soccer Field, and any future fields that may be installed on the Property comply with Section 3 of this Ordinance ("Test"). The conditions in Subsection 3G of this Ordinance will not apply during the Tests. The



Tests will be conducted in the presence of a Village employee designated by the Village and one to four individuals designated by the Forest Gate Homeowners Association, and test results will be documented in a written report that will be shared with the Forest Gate Homeowners Association and the Village, within thirty (30) days of the date upon which the test was conducted. If a Test determines that any of the lights on Fields 1, 2, 3, 4, the Soccer Field, or any fields that may be installed on the Property do not comply with Section 3 of this Ordinance, the Park District will bring the lights into documented conformance with the requirements of Section 3 prior to the next use of the non-conforming lights by the Park District.

Section Three – Binding Effect / Non-Transferability

The privileges, obligations, and provisions of each and every section and provision of

this ordinance are for and inure to the benefit of and run with and bind the Property, unless

otherwise explicitly set forth in this ordinance.

Section Four – Failure to Comply / Penalty

Any person violating the terms and conditions of this ordinance shall be subject to a fine

not exceeding $500.00 with each day that a violation is allowed to exist constituting a distinct and

separate offense. In addition, the Village of Oak Brook may take whatever action it deems

appropriate to enforce the terms of this ordinance including an action for injunction. All attorneys’

fees and costs incurred by the Village of Oak Brook enforcing this ordinance shall be paid by the

violator.

Section Six – Effective Date:

This Ordinance shall be in full force and effect from and after its passage, approval and

publication as provided by law; provided, however, this ordinance shall not take effect until the

Consent (a copy of which is attached hereto and made a part hereof as Exhibit A) is executed by

the Park District, thereby memorializing its agreement to be bound by the terms and conditions

contained within this ordinance. Such execution shall take place within forty-five (45) days after

the passage and approval of this ordinance or within such extension of time as may be granted

by the Board of Trustees by motion prior to the expiration of said forty-five (45) day period. If the

Consent is not executed within forty-five (45) days after passage and approval of this ordinance

or within an extension of time granted during said forty-five (45) day period, this ordinance shall



be void and of no force or effect, and the request for relief identified herein shall be deemed

abandoned.

Section Seven – Conflict Clause

That all ordinances, parts of ordinances or board actions in conflict with the terms of this

ordinance shall be repealed to the extent of said conflict.

Section Eight – Constitutionality Clause

Any part or parts of this ordinance declared by a court of law to be invalid or

unconstitutional shall not affect the validity of the remaining provisions of this ordinance.

Section Nine – Passage Clause

That this ordinance shall take full force and effect from and after its passage, approval and

publication as provided by law.

Section Ten – Publication

This ordinance shall be published in book or pamphlet form as provided by the Illinois

Municipal Code.

Section Eleven – Recording

This ordinance shall be entered into the minutes and upon the journals of the Board of

Trustees of the Village of Oak Brook.

[SIGNATURE PAGE FOLLOWS]



DECIDED pursuant to a Roll Call Vote:

YES NO ABSENT PRESENT

John Barr

Philip Cuevas

Michael Manzo

Moin Saiyed

Edward Tiesenga

Asif Yusuf

Gopal G. Lalmalani (if necessary)

TOTAL

PASSED AND APPROVED by the Village of Oak Brook Board of Trustees on the 12th

day of November, 2019:

_____________________________________Gopal G. LalmalaniVillage President

ATTEST:

________________________________Charlotte K. PrussVillage Clerk



STATE OF ILLINOIS )

) SSCOUNTY OF COOK AND DUPAGE )

CLERK’S CERTIFICATION

I, Charlotte K. Pruss, do hereby certify that I am the duly elected and qualified Village Clerk in and for the Village of Oak Brook, Cook and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of said Village, and that the following is a true and correct copy of Ordinance No 2019-ZO-V-EX-S-1583

AN ORDINANCE AMENDINGORDINANCE 2014-ZO-V-EX-S-1403 OF


adopted and approved by the President and the Board of Trustees at an official meeting held on November 12, 2019 and that the vote on the motion for adoption was as follows:

YES NO ABSENT PRESENTJohn BarrPhilip CuevasMichael ManzoMoin SaiyedEdward TiesengaAsif YusufGopal G. Lalmalani (if necessary)TOTAL

I do further certify that the deliberations of the Board on the adoption of said ordinancewere conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was called and held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and with the provisions of the Village Code of the Village of Oak Brook, as amended, and that the Board has complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Board.

I further state that this Certification is issued under my hand and the seal of the Village of Oak Brook as required in the Illinois Compiled Statues 65 ILCS 5/1-2-4.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Corporate Seal of said Village of Oak Brook, Cook and DuPage Counties, Illinois on the date set forth herein.

______________________________________ (SEAL)Charlotte K. Pruss, Village Clerk



Exhibit A

Consent

The undersigned, Oak Brook Park District (hereinafter referred to as the “Petitioner”), Owner of the Subject Property having read the Ordinance in full, do hereby accept, concur, and agree to develop, use and maintain the Subject Property in accordance with the terms and conditions stated in the Ordinance to the extent that the Petitioner has use and control over the Subject Property as of the date of the approval of the Ordinance. This consent shall be binding upon all parties in interest and all successors and assigns to the Subject Property.

DATED this ____ day of ________________, 2019.

______________________________________Petitioner

STATE OF ILLINOIS )) SS.

COUNTY OF DUPAGE )

I, ______________________________________, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that

__________________________________Petitioner

is/are personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed sealed and delivered the said instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth.

GIVEN under my hand and official seal this ______ day of ___________________, 2019.

______________________________________ (SEAL)Notary Public

My Commission expires:___________________, 20_____

BOT AGENDA Page 1



630-368-5000


of January 28, 2020

SUBJECT: Long-Term Lease Agreement - Oak Brook Park District Kensington Parking Lot

FROM: Riccardo F. Ginex, Village Manager


RECOMMENDED MOTION: Motion to Approve Ordinance 2020-AG-OBPD-S-1595, An Ordinance Approving and Authorizing the Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as the Kensington Road Surface Parking Lot Oak Brook, Illinois 60523

Background/History:

As you are aware, the Park District secured the McDonald's Soccer Fields via a referendum earlier this year. They have begun work on a master plan to improve the soccer fields. Part of that plan will be to improve the parking lot presently located on the fields. Director Laure Kosey approached the Village regarding the possibility of leasing the Kensington Surface Parking Lot that dead-ends at Rt. 83. (See the attached Exhibit). The Village has never maintained or plowed that portion of the street as McDonald's used it to store snow that they plowed. The Village does not have any specific future plans for any improvements at that location, either.

As part of the potential leasing of this Village owned property, the Village has published notice of its intent to enter into a lease agreement for the Kensington Surface Parking Lot. This lease will be for a period in excess of twenty years and for a term not to exceed ninety-nine years. The lease will require a $1.00 annual payment from the Park District.

Recommendation:

The Village Board approves the ordinance and lease agreement.

ITEM 8.A.2


ORDINANCE2020-AG-OBPD-S-1595

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF

A LONG-TERM LEASE AGREEMENT FOR THE PROPERTY COMMONLY REFERRED TO AS THE KENSINGTON ROAD SURFACE PARKING LOT,

OAK BROOK, ILLINOIS 60523





Village Board

Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak

Brook on this the 28th day of January, 2020

ORDINANCE NO. 2020-AG-OBPD-S-1595

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF

A LONG-TERM LEASE AGREEMENT FOR THE PROPERTY COMMONLY REFERRED TO AS THE KENSINGTON ROAD SURFACE PARKING LOT,

OAK BROOK, ILLINOIS 60523

WHEREAS, the Village of Oak Brook (hereinafter referred to as the “Village”) is an Illinois Municipal Corporation organized under and pursuant to the laws of the State of Illinois;

WHEREAS, Section 2-3-8 of the Illinois Municipal Code provides the Village the authority to contract and be contracted with;

WHEREAS, the Village presently owns title to real property within the Village boundaries and is interested in entering an agreement to lease said property;

WHEREAS, the Village owns title to real property commonly referred to as the Kensington Road Surface Parking Lot, and referred to in the Lease Agreement, a copy of which is attached hereto and made part hereof as Exhibit A, and is desirous of leasing said real property;

WHEREAS, pursuant to 65 ILCS 5/11-76-2 the Village may approve pursuant to ordinance the lease of any municipal owned real estate;

WHEREAS, pursuant to 65 ILCS 5/11-76-2 the corporate authorities may authorize the lease of real estate for a term in excess of twenty years upon notice of intent to adopt such an ordinance;

WHEREAS, the Village has published notice of its intent to enter into a lease agreement for the real estate referenced herein for period in excess of twenty years; and

WHEREAS, in the opinion of the corporate authorities of the Oak Brook, it is in the best interests of the Village to lease the real estate referred to herein, for a term not to exceed ninety-nine years, pursuant to the terms and conditions of the lease agreement which is attached hereto and made a part hereof as Exhibit A.

NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:

Section 1 – Recitals

The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings.

ORDINANCE NO. 2020-AG-OBPD-S-1595 Lease Agreement Kensington Parking Lot

Page 2 of 5

Section 2 – Approval of Lease Agreement

The Corporate Authorities of the Village of Oak Brook hereby approve the Long-Term Lease for period greater than 20 years but less than 99 years for the real estate commonly referred to as the Kensington Road Surface Parking Lot. The Village hereby approves the Lease Agreement for a twenty-year period with a twenty-year option, substantially in the form attached hereto and made a part hereof as Exhibit A.

Section 3 – Authorization

The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to the Lease Agreement, substantially in the form of such Lease Agreement which is attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Lease Agreement.

Section 4 - Other Actions Authorized

The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Ordinance and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein.

Section 5 - Acts of Village Officials

That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this Ordinance are hereby, in all respects, ratified, approved, authorized and confirmed.

Section 6 – Effective Date

This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.

Section 7 – Publication

This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code.

Section 8 – Conflict Clause

That all ordinances, parts of ordinances or board actions in conflict with the terms of this ordinance shall be repealed to the extent of said conflict.

Section 9 – Saving Clause


Page 3 of 5

Any part or parts of this ordinance declared by a court of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this ordinance or the Oak Brook Municipal Code.

Section 10 – Recording

This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook.


Page 4 of 5

APPROVED THIS 28th day of January, 2020.

___________________________________ Gopal G. Lalmalani Village President

PASSED THIS 28th day of January, 2020.

Ayes: ________________________________________________________________

Nays: ________________________________________________________________

Absent: ________________________________________________________________

ATTEST:

___________________________________ Charlotte K. Pruss Village Clerk


Page 5 of 5

Exhibit A

Lease Agreement

INTERGOVERNMENTAL LEASE OF SURFACE PARKING LOT VILLAGE OF OAK BROOK – OAK BROOK PARK DISTRICT

This Intergovernmental Agreement (“Agreement”) dated this ___day of ____, 2020 (the “Effective Date”) is entered into by and between VILLAGE OF OAK BROOK, an Illinois municipality, 1200 Oak Brook Road, Oak Brook, Illinois 60523 (“Village”), and OAK BROOK PARK DISTRICT, an Illinois unit of local government, 1450 Forest Gate Road, Oak Brook Illinois 60523 (“Park District”). Village and Park District are sometimes referred to herein as “the Parties” or individually as a “Party”.

RECITALS

A. Village is record owner of fee simple title to real property commonly referred to as theKensington Road Surface Parking Lot adjacent to the western terminus of KensingtonRoad, containing approximately 80 spaces (the “Parking Lot”).

B. Park District recently acquired 34 acres of vacant land, which it intends to use forrecreational purposes, adjacent to and south of the Parking Lot.

C. Village and Park District are units of local government as that term is defined in ArticleVII, Section 1, of the Illinois Constitution of 1970, public agencies as that term isdefined in Section 2 of the Intergovernmental Cooperation Act, 5 ILCS 220/2, andmunicipalities as that term is defined in Section 1 of the Local Government PropertyTransfer Act, 50 ILCS 605/1.and as set forth in the Illinois Municipal Code, 65 ILCS5/11-76-2;

D. Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of localgovernment may contract or otherwise associate among themselves to obtain or shareservices and to exercise, combine or transfer any power or function in any manner notprohibited by law or by ordinance and may use their credit, revenues and otherresources to pay costs related to intergovernmental activities.

E. The Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further providesthat any power or powers, privileges, functions, or authority exercised or which maybe exercised by a public agency of this State may be exercised, combined, transferred,and enjoyed jointly with any other public agency of this State.

F. Section 8-16 of the Illinois Park District Code, 70 ILCS 1205/8-16, authorizes the ParkDistrict to lease real estate for a period not to exceed 99 years, when so authorized bythe governing board of the Park District.

G. Section 3.1 of the Local Government Property Transfer Act, 50 ILCS 605/3.1,authorizes the Village to lease real estate for any term not to exceed 50 years to anothermunicipality, when so authorized by the legislative body of the Village

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H. Village and Park District have determined that Park District’s lease of the Parking Lotwill mutually benefit both Parties, and will enhance recreational programs andopportunities for the benefit of the community.

NOW, THEREFORE, for and in consideration of the mutual promises herein set forth below and other good and valuable consideration, the Parties hereby agree as follows:

1. Incorporation of Recitals

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. Grant of Lease

For and in consideration of the rents herein required and of the covenants and agreements herein contained on the part of Park District to be kept, observed and performed, the Village, by these presents, agrees to lease the Parking Lot as depicted and described in Exhibit A, attached to and incorporated into this Agreement by reference (“Parking Lot”) to Park District, together with reasonable access to the Parking Lot, upon and subject to the terms and conditions set forth herein (the “Lease”).

3. Term

Unless terminated earlier as hereinafter provided, the initial term of this Agreement shall commence on January 1, 2020 (the “Commencement Date”), and shall expire twenty (20) years from the Commencement Date (the “Term”). Park District shall have the right to renew the Agreement for one additional twenty (20)-year term.

4. Rent

Park District agrees to pay to Village on the anniversary of the Commencement Date of each year of the Term, the sum of One Dollar ($1.00) as and for rent (“Rent”). For purposes of this Agreement, “Lease Year” shall mean the 365-day period commencing on the Commencement Date or the anniversary thereof.

5. Park District Permitted Use

Unless otherwise agreed by the Parties, Park District will occupy and use the Parking Lot solely for lawful park district purposes, including public park and recreational programming, events and activities, and related administrative purposes.

6. Maintenance and Repairs

a. Park District shall keep and maintain the Parking Lot in reasonable condition during theTerm and any Renewal Term, subject only to ordinary wear and tear. Park District shallbe solely responsible for all repair and maintenance that the Park District determines isrequired. The Park District shall not be responsible to perform or pay for any alterations,

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improvements or maintenance requested by the Village, unless otherwise agreed by the Parties.

b. Village shall have a right of periodic access to the Parking Lot (upon reasonable advancenotice to Park District, except in the event of emergency), for the purpose of inspectingParking Lot and performing Village Maintenance.

c. Except as otherwise agreed by the Parties, Park District will make no alterations oradditions to the Parking Lot without first obtaining Village’s written consent. Park Districtshall restore the Parking Lot to the same condition as existed upon the CommencementDate, less ordinary wear and tear, and any authorized alterations or additions, upontermination of this Agreement. In the event Park District fails to restore the Parking Lotwithin ninety (90) days after the termination of this Agreement, Village shall have the rightto make all such repairs, provided that Park District shall reimburse Village in full for allof Village’s reasonable costs therefor. Village will invoice Park District for all such costsand Park District shall remit payment to Village subject to the terms of the Illinois LocalGovernment Prompt Payment Act, whereupon Park District’s site restoration duties shallterminate.

7. Taxes

As of the Effective Date, the Parking Lot is exempt from real estate and other taxes by virtue of Village’s status as a unit of local government. The Parties agree to use reasonable efforts to cooperate to maintain such exemption. In the event the Parking Lot is determined to be subject to taxes as the result of this Agreement, either Party may terminate this Agreement upon five (5) days prior written notice to the other Party. In the event the Parking Lot is determined to be subject to taxes as a result of the activities conducted by Park District thereon, Park District shall assume all applicable tax liability.

8. Insurance

Both Village and Park District are members of self-insurance risk pools, and each Party acknowledges that the coverage provided by the other Party’s self-insurance risk pool is acceptable with respect to the obligations of the other hereunder. In the event that one Party ceases to be a member of its current self-insurance risk pool (“non-pool Party”), the other Party may continue to provide insurance coverage through its risk pool, and such coverage shall be acceptable to the non-pool Party. Neither party waives subrogation under the terms of this Agreement. If either Party ceases to be a member of its current self-insurance risk pool, the Parties will renegotiate a replacement provision for reasonably acceptable insurance through private carriers or other self-insurance risk pools.

9. Indemnification

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To the fullest extent permitted by law, each Party shall indemnify, defend and hold harmless the other Party, its board of trustees or commissioners as applicable, 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 indemnifying Party, or of any employee, agent, affiliate, vendor, co-sponsor, invitee, contractor, or volunteer of the indemnifying Party (the indemnifying Party and each and every such other person being hereinafter individually and collectively referred to as the “Indemnitor”), but only to the extent caused in whole or in part by any wrongful or negligent act or omission of the Indemnitor. Similarly, each Party 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 Indemnitor's breach of any of its obligations under this Agreement.

10. Supervision

Neither Party shall have any responsibility whatsoever for supervising the other Party’s activities, or supervising the other Party’s employees, agents, volunteers, invitees, or affiliates. Each Party acknowledges and assumes complete responsibility for its employees, agents or volunteers used to supervise any activities hereunder.

11. Termination

a. This Agreement may be terminated immediately by either Party in the event of the otherParty’s material breach of any of its obligations under this Agreement, provided that thebreaching Party has failed to cure any such breach within thirty (30) days after receivingwritten notice of same from the non-breaching Party. If the nature of the breach is suchthat it cannot be cured within said thirty (30) day period, the breaching Party shall bedeemed to have cured same if, within said thirty (30) day period, the breaching Partycommences and diligently pursues such cure and thereafter completes same within suchtime as is reasonable under the circumstances.

b. Notwithstanding the foregoing, in the event of a material breach by either Party involvinghealth or safety or the failure to maintain membership in its current self-insurance risk pool(and subsequent failure to obtain substitute insurance as provided herein), the non-breaching Party may, at its option and in its sole discretion, following thirty (30) days priorwritten notice, during which time the breaching party may cure such breach, declare thisAgreement terminated. Upon such termination, Park District shall not be entitled to returnof any prepaid rents, all of which shall be deemed liquidated damages with respect topotential loss of Rents due to inability to secure a suitable replacement tenant.

c. Notwithstanding any provision of this Agreement to the contrary, either Party mayterminate this Agreement at any time, and for any reason within the terminating Party’s

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sole discretion, by providing written notice to the other Party at least twelve (12) months prior to the effective date of termination (“Termination for Convenience”).

12. No Waiver of Tort Immunity Defenses

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 either Party under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties.

13. Notice

Notices shall be deemed properly given hereunder if in writing and either hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, or by fax or email transmission with the sending Party retaining confirmation of receipt, to the Parties at their respective addresses provided below, or as either Party may otherwise direct in writing to the other Party from time to time:

If to Village: Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Email: Fax:

If to Park District: Executive Director Oak Brook Park District 1450 Forest Gate Road Oak Brook, Illinois 60523 Email: Fax:

Notices sent by certified mail shall be deemed delivered the second business day following deposit in the mail, notices hand delivered shall be deemed given on the date of delivery, and notices sent by fax or email transmission shall be deemed given on the date of transmission if between 9:00 AM and 5:00 PM on a business day, or, if later, the next business day.

14. Compliance with Laws

The Parties shall comply with all applicable federal, state, county, and local statutes, ordinances, rules, regulations, and codes.

15. Relationship of the Parties

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Nothing in this Agreement shall be deemed to create any joint venture or partnership between the Parties. Neither Village nor Park District shall have the power to bind or obligate the other except as to the extent expressly set forth in this Agreement.

16. No Third Party Beneficiaries

Notwithstanding any provision herein to the contrary, this Agreement is entered into solely for the benefit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who is not a Party to this Agreement or to acknowledge, establish or impose any legal duty to any third party. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against Village and Park District or either of them.

17. No Implied Waiver

No waiver of any rights which either Party has in the event of any default or breach by the other Party under this Agreement shall be implied from the non-breaching Party’s failure to take any action on any such breach or default and no express waiver shall affect any breach or default other than the breach or default specified in the express waiver and then only for the time and to the extent therein stated.

18. No Assignment

Park District shall not assign this Lease or any interest hereunder without prior written consent by Village, which consent may not be unreasonably withheld, conditioned or delayed.

19. Remedies Cumulative

No remedy made available by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity.

20. Entire Agreement; Modifications

This Agreement constitutes the entire agreement of the Parties with respect to the matters contained herein, and this Agreement supersedes any and all prior agreements and understandings, whether written or oral, formal or informal. Any modifications to this Agreement must be in writing, signed by both Parties, and dated on or subsequent to the date hereof.

21. Authority

The individual officers of Village and Park District who have executed this Agreement represent and warrant that they have the full power and lawful authority to execute this Agreement and perform and fulfill the obligations and responsibilities contemplated hereunder on behalf of and in the name of their respective governing boards.

22. Successor

It is the intention of each Party hereto that this Agreement and each and every provision shall be binding on its successors.

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23. Multiple Counterparts

This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, constitute a duplicate original.

24. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Illinois. Any suit or action arising under this Agreement shall be commenced in the Eighteenth Judicial Circuit, DuPage County, Illinois.

25. Heading

The various headings used in this Agreement as headings for sections or otherwise are for convenience only and shall not be used in interpreting the text of the section in which they appear.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by a duly authorized officer thereof as of the Effective Date.

VILLAGE OF OAK BROOK OAK BROOK PARK DISTRICT

By:_______________________________ By:_____________________________

ATTEST: ATTEST:

________________________________ ________________________________

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VILLAGE ACKNOWLEDGMENT

STATE OF ILLINOIS ) ) SS

COUNTY OF DUPAGE )

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT _______________________________and __________________, personally known to me to be the ______________, and _____________ of the Village of Oak Brook, Illinois, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and official seal, this day of , 20___.

________________________________________ Notary Public

My Commission expires:__________________________

PARK DISTRICT ACKNOWLEDGMENT

STATE OF ILLINOIS ) ) SS

COUNTY OF DUPAGE )

I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT _________ and _______ , personally known to me to be the ______________, and _____________ of the Oak Brook Park District, Oak Brook, Illinois, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and official seal, this day of , 20___.

________________________________________ Notary Public

My Commission expires:__________________________

9 4818-3002-4618, v. 4

EXHIBIT A

Pg. A-1: Depiction of Parking Lot

Area Designated in the Agreement toInclude 70 Future Parking Spaces

Village of Oak BrookSoccer Field Parking Lot

±0 125 250 375 50062.5Feet

Date: 11/15/2019



630-368-5000


of January 28, 2020

SUBJECT: An Intergovernmental Agreement Between the Park District and the Village: Loan


BUDGET SOURCE/BUDGET IMPACT: $500,000 Hotel/Motel Funds

RECOMMENDED MOTION: Motion to Approve Resolution 2020-AG-OBPD-LN-R -1855, A Resolution Approving and Authorizing the Execution of an An Intergovernmental Agreement Between the Village of Oak Brook and the Oak Brook Park District.

Background/History:

As you know, in 2014 the Village adopted Ordinance 2014-ZO-V-EX-S-1403 in response to the Park District’s request to adjust days of usage of certain ballfields at Central Park. While the ordinance established limitations on the Park District’s operation of the ball-field lights in order to address concerns about the ball-field light levels expressed by Forest Gate residents, there were still concerns about the lighting measurements.

Most recently, the Village, the Park District and Forest Gate attempted to amend Ordinance 1403 to address certain light measurement procedures. It was determined that installation of LED lights on the ball-fields before the 2020 spring baseball season provided the most effective means for addressing the concerns of Forest Gate and the Park District. While this $500,000 refurbishment of the lights was not in the Park District’s capital improvement plan for the next three years, it was determined that it is in the best interests of the community was for the Village to provide a low interest loan to the Park District in the principal amount of $500,000 so the Park District could proceed with the project. As the ball-fields are used for little league baseball which includes the use of the fields by various resident and non-resident baseball teams and the fields are located within the Hotel District of the Village, it was determined that the loan could come from the Hotel/Motel Fund.

The attached Intergovernmental Agreement and Promissory Note detail the specifics of the loan and how it will be paid back to the Village. The loan will assume interest at the rate of 2.00 % and will be paid off with five installments due on December 31, 2020, 2021, 2022, 2023, 2024.

Recommendation:

The Village Board approves the resolution containing the intergovernmental agreement and promissory note.

ITEM 9.A.1


RESOLUTION 2020-AG-OBPD-LN-R -1855


THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT


THE OAK BROOK PARK DISTRICT





Village Board



RESOLUTION 2020-AG-OBPD-LN-R -1855


THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT


THE OAK BROOK PARK DISTRICT

WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs;

WHEREAS, the Village of Oak Brook (hereinafter referred to as “Village”) upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute;

WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance;

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, including other units of local government, 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;

WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government;

WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract;

WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act;

WHEREAS, the Village is a duly organized and existing Illinois municipality created under the provisions of the law of the State of Illinois, and is now operating under the provisions of the Municipal Code of the State of Illinois, and all laws amendatory thereof and supplementary thereto (the “Municipal Code”) and applicable law;

RESOLUTION NO. 2020-AG-OBPD-LN-R-1855 An Intergovernmental Agreement Between the Park

District and the Village of Oak BrookPage - 2 - of 5

WHEREAS, the Park District is a duly organized and existing Illinois park district created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Park District Code of the State of Illinois, and all laws amendatory thereof and supplementary thereto (the “Park Code”) and applicable law;

WHEREAS, the Park District has determined that the purchase and installation of new LED lighting for certain Central Park Ballfields on the Property before commencement of the 2020 spring season (“Project”) is in the best interests of the community.

WHEREAS, the Park Board does not have sufficient funds on hand for the Project, and the total costs of this borrowing including legal, financial and other expenses will be no less than $500,000.00;

WHEREAS, Central Park is adjacent to Forest Gate Subdivision, a gated residential community located with the Village of Oak Brook and supports various activities in and about the Village of Oak Brook, including but not limited to hosting little league baseball which includes the use of the fields by various resident and non-resident baseball teams;

WHEREAS, the Village has determined that it is in the best interests of the community to provide a low interest loan to the Park District in the principal amount of $500,000.00 on the terms set forth herein to enable the Park District to proceed with the Project in order to enhance the baseball fields while at the same time providing for the reduction of light trespass to the surrounding neighborhood; and

WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached intergovernmental agreement for the purposes referenced herein.

NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:

Section One – Recitals

The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings.

Section Two – Approval of Intergovernmental Agreement and Promissory Note

The Village hereby approves the Intergovernmental Agreement and Promissory Note, substantially in the form attached hereto and made a part hereof collectively as Exhibit A, which authorizes a loan in the amount of $500,000.00 (five hundred thousand dollars and no cents) to the Oak Brook Park District at an interest rate of 2% per year for the purpose of constructing LED lights on the Central Park baseball fields.



Section Three – Authorization and Direction

The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Intergovernmental Agreement and Promissory Note, substantially in the form of such as attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Manager, Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Intergovernmental Agreement and Promissory Note.

Section Four - Other Actions Authorized

The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein.

Section Five - Authorization of Expenditures

The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Intergovernmental Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Intergovernmental Agreement and of this Resolution.

Section Seven - Acts of Village Officials

That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed.

Section Eight – Effective Date

This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law.

Section Nine - Publication

This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code.

Section Ten – Conflict Clause

All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict.

Section Eleven – Saving Clause



If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable.

Section Twelve – Recording

This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook.


___________________________________ Gopal G. Lalmalani Village President

PASSED THIS 28th day of January, 2020

Ayes: ________________________________________________________________

Nays: ________________________________________________________________

Absent: ________________________________________________________________

ATTEST:

___________________________________ Charlotte K. Pruss Village Clerk



Exhibit A

Intergovernmental Agreement and Promissory Note

INTERGOVERNMENTAL LOAN AGREEMENT

THIS INTERGOVERNMENTAL LOAN AGREEMENT is made as of this __ day of _______, 2020 (“Effective Date”), by and between the Village of Oak Brook, 1200 Oak Brook Road, Oak Brook Illinois 60523 (“Village”) and the Oak Brook Park District, 1450 Forest Gate Road, Oak Brook Illinois 60523 (“Park District”). The Village and the Park District are sometimes referred to herein as a “Party” and collectively as “Parties.”

RECITALS:

A. The Park District is a duly organized and existing Illinois park district created under theprovisions of the laws of the State of Illinois, and is now operating under the provisionsof the Park District Code of the State of Illinois, and all laws amendatory thereof andsupplementary thereto (the “Park Code”) and applicable law.

B. The Village is a duly organized and existing Illinois municipality created under theprovisions of the law of the State of Illinois, and is now operating under the provisions ofthe Municipal Code of the State of Illinois, and all laws amendatory thereof andsupplementary thereto (the “Municipal Code”) and applicable law.

C. The Park District conducts organized recreational sporting activities on lighted ballfieldssituated in Central Park in the Village of Oak Brook; and

D. Central Park is adjacent to Forest Gate Subdivision, a gated residential communityconsisting of ____ homes.

E. Forest Gate residents have in the past expressed concerns about the impact of lightemanating from the Park District’s lighted ballfields.

F. On July 8, 2014, the Village adopted Ordinance 2014-ZO-V-EX-S-1403 (“Ordinance1403”) in response to the Park District’s request to adjust days of usage of certainballfields at Central Park; Ordinance 1403 established limitations on the Park District’soperation of the ballfield lights in order to address concerns about the ballfield lightlevels expressed by Forest Gate residents.

G. Since the adoption of Ordinance 1403, the Park District has endeavored to balancecompliance with the lighting restrictions with the responsible delivery of recreationalservices on the lighted ballfields for the benefit of its residents and taxpayers.

H. In 2019, the Village, Park District and Forest Gate attempted to amend Ordinance 1403 toaddress certain light measurement procedures, whereupon it was determined thatinstallation of LED lights on the ballfields provided the most effective means forbalancing the interests of Forest Gate and the Park District.

I. The purchase of LED lighting for the ballfields on Central Park is not identified on thePark District’s capital improvement plan for the next three years.

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J. The Park District has determined that the purchase and installation of new LED lightingfor certain Central Park Ballfields on the Property described in Ordinance No. 1403before commencement of the 2020 spring season (“Project”) is in the best interests of thecommunity.

K. The Park Board finds that it does not have sufficient funds on hand for the Project, andthe total costs of this borrowing including legal, financial and other expenses will be noless than $500,000.

L. The Village has determined that it is in the best interests of the community to provide alow interest loan to the Park District in the principal amount of $500,000 on the terms setforth herein to enable the Park District to proceed with the Project.

M. Article VII, section 10 of the Illinois Constitution of 1970 provides that units of localgovernment “may contract or otherwise associate among themselves… to obtain or shareservices and to exercise, combine, or transfer any power or function, in any manner notprohibited by law or by ordinance.

N. Article VII, section 10, further provides that “[p]articipating units of government may usetheir credit, revenues, and other resources to pay costs and to service debt related tointergovernmental activities.”

O. The Village and the Park District have determined that it is reasonable, necessary, and inthe public interest and welfare for the Village to loan the Park District the fundsnecessary to construct the Project, and for the Parties to document the loan by this LoanAgreement and the Promissory Note attached as Exhibit A hereto (“Note”).

NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other valuable consideration, it is mutually agreed by and between the District and the Village as follows

1. The Village agrees to loan the sum of $500,000 (“Note Proceeds”) to the Park Districtpursuant to the terms of the Note. The Note shall contain all the terms of this Agreement,whether or not specifically stated in the Note. Upon receipt of the Note Proceeds and issuance ofthe Note, the District shall make the payments of principal and interest to the Village as specifiedin the Note. The Note shall be dated ___________, shall be designated “2020 Promissory Note,”and shall be in substantially the form set forth in Exhibit A.

2. The Note shall bear interest at the rate of 2.00 % (“Note Interest Rate”). Principal andaccrued interest on the Note shall be payable in lawful money of the United States of America atthe Oak Brook Village Hall pursuant to the Amortization Schedule attached as Exhibit A to theNote.

3. The Note shall be signed by the manual signatures of the President and Secretary of thePark Board, and shall be countersigned by the manual signature of the Treasurer of the ParkDistrict, and the seal of the Park District shall be affixed thereto or printed thereon, and in caseany officer whose signature shall appear on the Note shall cease to be such officer before the

3

delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

4. The Village shall be deemed and regarded as the absolute owner thereof for all purposes,and payment of the principal and interest on the Note shall be made only to the Village. All suchpayments shall be valid and effectual to satisfy and discharge the liability upon such Note to theextent of the sum or sums so paid.

5. The Note shall be subject to redemption prior to maturity at the option of the District, as awhole, or in part in integral multiples of $5,000 on or after December 31, 2020. Interest on theremaining balance shall be recalculated at the Note interest rate, without further interest orpenalty.

6. The Note hereby authorized shall be executed as in this Agreement provided, andthereupon deposited with the Treasurer of the Park Board, and be by said Treasurer delivered tothe purchaser thereof, namely, the Village of Oak Brook, Oak Brook, Illinois (the “Purchaser”),upon receipt of the purchase price therefor, the same being $500,000. No person holding anyoffice of the District either by election or appointment, is in any manner interested, eitherdirectly or indirectly, in his own name or in the name of any other person, association, trust orcorporation, in this Agreement or the Note.

7. The Note proceeds shall be deposited to the credit of a special fund of the District, to beknown as the “Park District Project Fund” (the “Project Fund”).

8. The District shall disburse the funds on deposit in the Project Fund to pay (i) costsassociated with the Project (the “Disbursements”); (ii) costs of the Project previously incurredand paid by the District; and (iii) related costs incurred in connection with the Project, includingcosts of issuance of the Note.

9. The District hereby represents, warrants and agrees that the obligation to make thepayments due under this Agreement shall be a direct general obligation of the District payablefrom the corporate funds of the District and such other sources of payment as are otherwiselawfully available. The District represents and warrants that (i) its obligation to repay thePrincipal and Interest of the Note, together with other general obligations of District, are withinapplicable debt limitations and (ii) the execution and delivery of this Agreement and the Notehave been duly authorized by appropriate action of the Board. The District agrees that it willappropriate funds of the District annually and in a timely manner so as to provide for the makingof all payments when due under the terms of the Note.

10. All Notices and demands required hereunder shall be in writing and shall be deemed tohave been given or made when delivered personally or when mailed by registered or certifiedmail, postage prepaid, addressed as follows:

If to the District: Executive Director Oak Brook Park District 1450 Forest Gate Road Oak Brook Illinois 60523

4

If to Village, at Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523

11. This Agreement may be simultaneously executed in several counterparts, each of whichshall be an original and all of which shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Park District, by its Board of Park Commissioners, has caused this Agreement to be executed by the President of said Board of Park Commissioners and attested by the Secretary of said Board of Park Commissioners, and the seal of the District to be hereunto affixed, and the Village has caused this Agreement to be executed by its officers and attested by one of its officers and its corporate seal to be hereunto affixed, all as of the day and year first above written.

OAK BROOK PARK DISTRICT, DuPage and Cook Counties, Illinois

(SEAL) By:________________________________ President, Board of Park Commissioners

Attest:

_____________________________ Secretary, Board of Park Commissioners

VILLAGE OF OAK BROOK DuPage and Cook Counties, Illinois

By _____________________________________ President, Board of Trustees

Attest:

By______________________________ Village Clerk

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EXHIBIT A Promissory Note

4851-8417-5277.2 4851-8417-5277, v. 2

UNITED STATES OF AMERICA STATE OF ILLINOIS

COUNTY OF DUPAGE

OAK BROOK PARK DISTRICT 2020 PROMISSORY NOTE

Dated Date: _____________________________

Note Owner: VILLAGE OF OAK BROOK (THE "LENDER") Total Principal Amount: FIVE HUNDRED THOUSAND DOLLARS ($500,000) Maturity Dates: December 31, 2020, 2021, 2022, 2023, 2024 Interest Rate: 2.00%

KNOW ALL PERSONS BY THESE PRESENTS, that the Oak Brook Park District, DuPage and Cook Counties, Illinois (the "District"), hereby acknowledges itself to owe and for value received promises to pay to the Note Owner identified above, the Principal Amount identified above and to pay interest on such Principal Amount at the rate of 2.00 % per annum (computed upon the basis of 30/360), payable on June 30 and December 31 of each year until the Principal is fully paid at maturity on December 31, 2024, according to the amortization schedule attached hereto as Exhibit A.

This Note is subject to full or partial prepayment at the price of par plus interest accrued to the date of prepayment.

The principal of this Note is payable in lawful money of the United States of America at the office of the Note Owner.

It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Note, including the authorizing act, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the District, represented by the Note, and including all other indebtedness of the District, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and the District agrees and covenants to make provision for the payment of the interest hereon and also to pay and discharge the principal hereof as the same falls due in the annual appropriation ordinances to be duly adopted by the Board of Park Commissioners of the District, and published, all in the manner, form and time as provided by law.

This Note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the District. THE NOTE OWNER ACKNOWLEDGES THAT THERE IS NO STATUTORY AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE DISTRICT OR THE LEVY OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE HEREUNDER.

This Note is being issued by the District for the purpose of paying the costs to purchase, furnish, equip and install LED ballfield lighting on certain ballfields located at Central Park, and of paying expenses incidental thereto, all as described and defined in the Intergovernmental Loan Agreement and the District’s ordinance authorizing the Note (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Park District Code, as amended, and as further supplemented by the Local Government Debt Reform Act, as amended (the "Act"), and with the Ordinance, which has been duly adopted by the Board of Park Commissioners of the District, in all respects as by law required. The Notes are secured by the general revenues of the District.

This Note may not be transferred or exchanged. The District shall deem and treat the Note Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal and interest due hereon and for all other purposes, and the District shall not be affected by any notice to the contrary.

IN WITNESS WHEREOF, the Oak Brook Park District, DuPage and Cook Counties, Illinois, by its Board of Park Commissioners, has caused this Note to be executed by the President, and the Secretary or Treasurer of its Board of Park Commissioners and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above.

4842-0211-9085.3

[signatures appear on next page] ________________________________ President, Board of Park Commissioners

_________________________________ Secretary, Board of Park Commissioners

_______________________________________ Treasurer, Board of Park Commissioners

[SEAL]

PARK DISTRICT NOTE AUTHENTICATION

Date of Authentication: ________

CERTIFICATE OF AUTHENTICATION

This note is the Note of the Oak Brook Park District, DuPage and Cook Counties, Illinois, and described in the within-mentioned Intergovernmental Loan Agreement and Ordinance.

_________________________________ Treasurer, Board of Park Commissioners as Note Registrar

4842-0211-9085.3

EXHIBIT A AMORTIZATION SCHEDULE

4842-0211-9085, v. 3

Loan Amount 500,000$ Annual Interest Rate 2.00%Loan Start Date 2/1/2020

Payment Date Principal Interest Total Payment Loan Balance2/1/2020 -$ -$ -$ 500,000.00$

6/30/2020 - 4,166.67 4,166.67 500,000.00 12/31/2020 100,000.00 5,000.00 105,000.00 400,000.00

6/30/2021 - 4,000.00 4,000.00 400,000.00 12/31/2021 100,000.00 4,000.00 104,000.00 300,000.00

6/30/2022 - 3,000.00 3,000.00 300,000.00 12/31/2022 100,000.00 3,000.00 103,000.00 200,000.00

6/30/2023 - 2,000.00 2,000.00 200,000.00 12/31/2023 100,000.00 2,000.00 102,000.00 100,000.00

6/30/2024 - 1,000.00 1,000.00 100,000.00 12/31/2024 100,000.00 1,000.00 101,000.00 -

500,000.00$ 29,166.67$ 529,166.67$



630-368-5000


January 28, 2020

SUBJECT: License Agreement - Oak Brook Polo 2020


BUDGET SOURCE/BUDGET IMPACT: $65,000

RECOMMENDED MOTION: Motion to Approve Resolution – R-2020-POLO-AG-R-1856, a Resolution Approving a License Agreement Between the Village of Oak Brook and Pineoak Partners, LLC for the 2020 Polo Season.

Background/History:

The Village staff is recommending renewing our License Agreement with Mr. James Drury and Pineoak Partners, LLC, granting limited use of the name “Oak Brook Polo Club” for 2020 and setting forth the terms on how this season will be run. This agreement has been updated to show the new dates for the season.

Recommendation: Staff recommends that the Village Board approve the resolution and the agreement.

BOT AGENDA RG

ITEM 9.A.2


RESOLUTION 2020-POLO-AG-R-1856

A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENTBY THE VILLAGE OF OAK BROOK WITH

PINEOAK PARTNERS LLCRELATING TO THE 2020 POLO SEASON





Village Board



RESOLUTION 2020-POLO-AG-R-1856

A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT

BY THE VILLAGE OF OAK BROOK WITH PINEOAK PARTNERS LLC

RELATING TO THE 2020 POLO SEASON

WHEREAS, the Village of Oak Brook, Illinois, (“Village”) has sponsored polo matches for many years; and

WHEREAS, many citizens of the community look forward to attending these polo matches; and

WHEREAS, during many previous years, the Village has conducted these polo matches under its own operations; and

WHEREAS, Pineoak Partners LLC has asked the Village to join it in a License Agreement which will contain the terms and conditions under which Pineoak will operate the 2020 polo season; and

WHEREAS, the parties have negotiated a License Agreement under which the Village will make certain payments to Pineoak, but beyond those payments, Pineoak will have full responsibility for the operation of the 2020 season; and

WHEREAS, a part of the License Agreement allows Pineoak to make certain uses of the Oak Brook Tennis Club name and symbols which are owned by the Village of Oak Brook; and

WHEREAS, the use of such intellectual property is broadly described in the License Agreement which contains the ability of the Village, if required, to restrict certain such uses; and

WHEREAS, the parties are hopeful that the 2020 polo season will be both an athletic success and a financial success for Pineoak, in which case the parties will discuss an extension of this License Agreement which is limited to the 2020 season.

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 preambles to this Resolution are made a part of the Resolution expressing the intent of the Village Board.

Section 2: The Village President and the Village Clerk are authorized to execute a License Agreement with Pineoak Partners LLC relating to the polo season for 2020 which will be conducted at Polo Field 1 and in substantial accordance with the terms and conditions of that Agreement, which is attached hereto and made a part of this Resolution.

Section 3: This Resolution shall take effect upon its passage and approval and the President and Clerk shall sign the License Agreement when they are satisfied that it is in a form approved by the Village Manager and the Village Attorney.

[SIGNATURE PAGE FOLLOWS]

Resolution 2020-POLO-AG-R-1856Authorizing the Execution of a License Agreement with

Pineoak Partners LLC relating to the 2020 Polo Season Page 2 of 3

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PASSED THIS 28th day of January 2020

Ayes:

Nays:

Absent:

ATTEST:

_____________________________________ Charlotte K. Pruss Village Clerk

Resolution 2020-POLO-AG-R-1856Authorizing the Execution of a License Agreement with

Pineoak Partners LLC relating to the 2020 Polo Season Page 3 of 3

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EXHIBIT A

LICENSE AGREEMENT

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LICENSE AGREEMENT

VILLAGE OF OAK BROOK & PINEOAK PARTNERS LLC 2020 POLO PROGRAM LICENSING AGREEMENT In anticipation of the 2020 Oak Brook Polo season, the following sets forth the terms of this License Agreement between the Village of Oak Brook (“Village”/ “Licensor”) and the Pineoak Partners LLC, (“Licensee”): 1. INTENT AND OBJECTIVES OF BOTH PARTIES

Whereas, the Licensee is aware of the long and distinguished history of polo within the Village of Oak Brook, and wishes to demonstrate, through this Agreement, that a dedicated private entity can conduct a polo season with limited municipal financial support, which will hopefully demonstrate that such an arrangement may be considered to be put in place in future years; and whereas the Village, as the owner of the Oak Brook Polo Club (“OBPC” or the “Club”) name, wishes to see continuation of polo as a unique cultural and recreational event for the benefit of its businesses, residents, and visitors to the Village, and wishes to grant limited uses of its real and intellectual and intangible property relating to the Club to a private entity for a single season, this license Agreement sets forth the limited nature of the rights being granted. The Licensee shall provide written evidence to the Licensor that it is a validly organized limited liability company in the State of Illinois.

2. POLO DATES

The Village agrees to allow the Licensee to execute, promote and manage ten (10) Sunday polo events at the OBPC Field on the following dates:

• Sunday, June 14, 2020 • Sunday, June 28, 2020 • Sunday, July 12, 2020 • Sunday, July 26, 2020 • Sunday, August 2, 2020

• Sunday, August 16, 2020 • Sunday, August 30, 2020 • Sunday, September 13, 2020 • Sunday, September 20, 2020 • Sunday, September 27, 2020

The Village further agrees to limit the Licensee to two (2) of the following dates to substitute if any of the above dates are canceled due to weather:

• Sunday, July 19, 2020 • Sunday, August 23, 2020

• Sunday, October 4, 2020

The Licensee will do its best to avoid an event cancellation and will assume all financial losses resulting from event cancellations due to weather or flooding due to weather. In the event that more than two events are cancelled due to weather or flooding due to weather, the Village, at its sole discretion, may offer other available dates. If the Licensee wishes to add additional dates or reschedule a preexisting agreed upon date following the execution of this Agreement, the Licensee must request the date or reschedule in writing to the Village for consideration and approval, which approval shall not be unreasonably withheld. The Village may consider conflicts with other scheduled events or significant fund losses. The Village must approve additional or rescheduled dates no less than thirty 30 days before the start of the 2020

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Season. The Licensee shall not be charged any additional fees from the Village for the use of the field. The reasonable decision of the Village to approve additional or reschedule dates shall be final. The Village shall cooperate with the Licensee to accommodate promptly the Licensee’s reasonable rescheduling requests. The Licensee’s most important responsibility is to ensure the safety of all polo players and horses on the field. Polo events will generally go forward with light rain and wind conditions. However, in the event of threatening weather, or adverse field conditions due to heavy rain, the Licensee reserves the right to:

• Cancel match and re-schedule to one of the other rain dates or interrupt and suspend games as necessary; matches that are continued from the point of interruption may be subject to modified rules if they resume, as circumstances warrant

• Reduce match times in order to catch up with tournament schedules and daylight • Finish or end matches before inclement weather arrives or to preserve field conditions;

matches will be deemed official at the point of termination regardless of actual duration Attendees will be notified of an event cancelation or delay no later than 12:30 PM on the scheduled event date via multiple communications channels (e.g., email, website, social media and press announcements.)

3. APPOINTMENT OF VILLAGE LIAISON

A Village representative will be appointed by the Village President, at his discretion in writing, and shall serve as a liaison with the management of the Licensee, and any advisory committee that the Licensee should put in place. The Licensee shall provide to the Village Liaison such reasonable information as the Village Liaison shall require to understand the manner in which the planning, marketing, and hosting of the 2020 polo season will take place. Such information will be communicated to the Village Liaison on a timely basis, and where problems occur or new issues arise regarding the manner in which the Licensee event will be carried out, such information will be shared with the Village Liaison as quickly as possible, after it becomes apparent that the operation of the polo season will be affected. The Village Liaison may be a board trustee, village employee, and/or resident. The Village Liaison’s activities may at the Liaison’s discretion include:

• Serving as the liaison between the Licensee and the Village for marketing support and the availability of event resources such as power, custodial, security, and medical services

• Representing Village interests and communicating them to the Licensee

The Licensee shall also have access to Village officials Sean Creed and Rick Ginex.

4. GRANT OF CONDITIONAL, NON-EXCLUSIVE LICENSE

Currently, the Village owns the rights to the “Oak Brook Polo Club” name (including the acronym “OBPC”), insignia, and related images and graphics (the “Proprietary Marks”). The Village grants a limited and non-exclusive license of the Proprietary Marks to Licensee, provided the Licensee observes Village guidelines for how, when, and where the name is used. The Village agrees to allow the Licensee and its sub-licensees, for only the term of this Agreement, to use the Proprietary Marks in the following ways:

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• Player/Team apparel, equestrian apparel, and associated field side equipment in support of the polo match event

• PR and communications activities (e.g., media inquiries, press announcements, interviews, etc.)

• Advertising, including print, radio, television, online, and out-of-home (OOH) media • Club branding and graphics displayed on controlled platforms, including website, social

media, mobile apps, onsite / venue signage. Other specific uses must be approved by the Village Manager in writing.

• Club merchandise for promotional sale, to promote the OBPC, the polo matches, and the Village, including jerseys, polo shirts, t-shirts, hats, memorabilia, etc.

• Event broadcasting utilizing television, radio and digital channels

The Licensee agrees that it will not knowingly utilize the Proprietary Marks in a manner that is detrimental to the Village, Board of Trustees, or residents. The Licensee also agrees that it will not change the Club’s name, insignia or colors without notification and/or written approval by the Village. In the event that the Village Manager believes that the Licensee is exercising rights not granted, the Village Manager may in writing restrict the right of the Licensee to use such rights as are found to be excessive or improper. The Village Board may choose to also exercise this power. The Licensee understands and agrees that its licensed use of the Proprietary Marks pursuant to this Agreement does not give the Licensee any ownership interest or other interest, except the non-exclusive right and license herein granted, in and/or to the Proprietary Marks; that any and all goodwill associated with the licensed Proprietary Marks inures exclusively to Village’s benefit; and that, upon expiration or termination of this Agreement and the license granted in this Agreement, no monetary amount shall be assigned as attributable to any goodwill associated with the Licensee’s use of the Proprietary Marks. The Licensee acknowledges that its right and license to use the Proprietary Marks is limited to the scope of the non-exclusive license granted in this Agreement and that any unauthorized use of the Proprietary Marks including, but not limited to, use of the Proprietary Marks in connection with the provision of any other services other than in this Agreement, along with all other agreements in place between Licensee and Village shall constitute an infringement of the Proprietary Marks and of the Village’s rights relating to the Proprietary Marks. Accordingly, the Licensee agrees not to use the Proprietary Marks for any services except as expressly authorized in this Agreement and not to commit or aid in committing any act of infringement or misuse of the Proprietary Marks, either during or after the term of this Agreement. The Licensee shall not, without Village’s prior written consent, hold out or otherwise employ the Proprietary Marks to perform any activity, or to incur any obligation or indebtedness except as provided herein, in a manner as could reasonably result in making Village being held liable for such activity, obligation or indebtedness. The Licensee expressly acknowledges and agrees that the license of the Proprietary Marks is non-exclusive, and that Village has and retains the rights, among others:

• To grant other licenses for the Proprietary Marks, in addition to those licenses already granted to existing licensees:

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• To use the Proprietary Marks in connection with the sale of services, goods and products manufactured or distributed for the Village at wholesale or retail;

• To participate in the development and establishment of programs or systems for the Proprietary Marks, or any other Proprietary Marks, and to grant licenses for other programs, systems and proprietary marks without providing the Licensee any right to such other programs, systems or proprietary marks.

The Licensee understands and acknowledges the importance of maintaining high and uniform standards of quality and service to protect and enhance the reputation and goodwill of Village. The Licensee accordingly agrees:

• To refrain from using any of the Proprietary Marks in conjunction with any other word or symbol without Village’s prior written consent, except as expressly permitted in this Agreement.

• To adopt and use the licensed Proprietary Marks solely in the manner prescribed by Village. • To observe all such requirements with respect to service mark, trademark and copyright

notices, fictitious name registrations, and the display of the legal name or other identification of the Licensee as Village may direct in writing from time to time.

• To use, promote and offer for sale under the Proprietary Marks only those services which are licensed under this Agreement or otherwise approved in writing by Village

• To execute all documents requested by Village or its counsel that are necessary to obtain protection for the Proprietary Marks or to maintain their continued validity or enforceability.

The Licensee shall operate the Oak Brook Polo Club for a single season (the “Licensed Business”) using only the Proprietary Marks or such other names or marks as shall be designated in writing by Village, and shall prominently display such names or marks on all forms, stationery, equipment, vehicles and other materials used in connection with the Licensed Business. The Licensee shall obtain such fictitious name registrations as may be required by Village or by applicable law. However, the Licensee shall not use the name “Oak Brook” or any of the Proprietary Marks as part of the corporate name or other legal name of the Licensee’s business entity, without Village’s prior written approval. The Licensee agrees that all forms and stationery shall prominently include the phrase, “An independent business licensed by the Village of Oak Brook.”

5. TERM OF AGREEMENT, VILLAGE SPONSORSHIP & CLUB NAMING RIGHTS

The Licensee is granted the right to utilize the name of the OBPC for the 2020 specified season at the location known as the Prince of Wales Field on the Oak Brook Golf Course site (“OBPC Field” also known as Polo Field 1). The License shall run from the date of execution of the License Agreement through Thursday, December 31, 2020, to allow time for dismantling and removing any polo-related signage, equipment, etc. from the field. The Village will not unreasonably refuse this request. The Licensee is also permitted use of the Proprietary Marks (In addition to the permitted uses of the Proprietary Marks described in Section 4 of this Agreement) for appropriate signage and display of the Village name on game day at the entrance to the property on which the match is being held, as well as at the polo field itself. The Licensee may advertise that the polo season is taking place at the OBPC. The Field 1 is located on the Oak Brook Golf Course property, with main entrance on York Road, south of 22nd Street. Exhibit 1 is attached and made a part of this Agreement to show the general way in which the Licensee shall utilize Field 1. The Village will not receive any compensation for this limited right granted to the Licensee associated with the 2020 season.

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6. VILLAGE RIGHTS & BENEFITS

• Rights to distribute branded giveaways and literature to attendees in approved areas • Rights to announcements during matches to highlight Village support, promote other Village

events, and support the Oak Brook home polo team • Opportunity, on appropriate occasions, to participate in event and trophy presentation

ceremonies • One-page, four-color advertisement in Oak Brook Polo’s event program/magazine • Any press release announcing partnership with the Licensee, upon agreement and execution • Opportunity to purchase discounted Club and lawn seating tickets; quantity and discount to be

determined by Licensee, at is discretion 7. PROMOTIONAL SUPPORT

The Village, at its reasonable discretion and option, facilitated by the designated representative serving as Village Liaison, will provide the Licensee with promotional support through Village-controlled marketing and communications channels directed towards residents, businesses, and visitors to Oak Brook, including:

• Website(s): oak-brook.org, obparks.org, experienceoakbrook.com, etc. • Printed and/or digital newsletters • Social media channels • E-communications • Experiential and promotional opportunities at Village events, including Taste of Oak Brook The Licensee is responsible for providing promotional creative and content for use and display on the above Village marketing and communications channels. The rights granted to the Village Manager and Village Board in Section 4 shall also apply here.

8. UTILIZING VILLAGE RESOURCES Facilitated by the Village Liaison, the Village will provide access to existing resources that can support the Licensee’s event operations. The Licensee will coordinate with the Village Liaison to ensure that requested resources are delivered successfully. Village resources include support that is normally available at the Golf Course site. These resources may include: • Traffic management • Onsite security and medical (EMT) services • Golf carts and utility vehicles for field site transportation of support staff and guest VIPs (this does

not include transportation from offsite parking to the field) • Onsite storage (e.g., Golf Course shed) • Power (e.g., generators) • Waste management and custodial services • Event staff parking

Reasonable notice will be given by the Licensee regarding utilization of these resources and services. The parties shall endeavor to reach an agreed upon dollar amount with each resource and service provided. The Village shall have the right to select dollar amounts that will allow the Village to recoup all costs associated with the provision of each service it chooses to offer. Once agreed, the Village

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shall provide these resources and services. Should the Village find itself unable to provide certain resources and services for a particular polo match at prices and numbers of personnel mutually agreed to in prior negotiations, sufficient advance notice of at least seven (7) days will be provided to the Licensee to allow alternative arrangements to be made, as these facilities are absolutely essential for a polo match to be played. Invoices for the above resources and services will be negotiated and coordinated on a per item basis, event or seasonal basis, and sent by the Village to the Licensee for payment; and payment shall be made within fourteen (14) days after the date of invoice.

9. FIELD MAINTENANCE

The Licensee agrees to pay the Village a monthly fee for the maintenance of the Field 1 located on the Oak Brook Golf Course. This fee will be paid to the Village in eight (8) installments throughout the polo season, according to the following schedule:

• June 1, 2020 $2,500 • June 15, 2020 $2,500 • July 1, 2020 $2,500 • July 15, 2020 $2,500 • August 1, 2020 $2,500 • August 15, 2020 $2,500 • September 1, 2020 $2,500 • September 15, 2020 $2,500

The Licensee will work closely with the Golf Club Superintendent, currently Sean Creed, to see that Field 1, which is accepted in its current “as is” condition, will be maintained throughout the season using in general the following standards:

• Provision of efficient ground and surface water drainage • Use of a suitable grass seed mixture and careful maintenance • Grass as mowed and kept at a height between 22-30 millimeters • Depending upon prior rainfall, grounds are watered at least two (2) days before a polo match • Avoidance and eradication of broad leaved, weed and clover patches as they create a

slippery surface, which is dangerous to horse and the safety of their riders • Repair and replace displaced divots caused by horses after matches • Best efforts at eradication and replacement of burrowing activities where moles, rabbits, or

other pests inhabit as they cause huge problems to the horse’s foothold The parties recognize that Field 1 has flooded during high or extended rain periods. It is recognized that there is little the Licensor can do to prepare the Field under those circumstances. At its own cost and with the written permission of the Golf Course Superintendent or the Village Manager, the Licensee may undertake additional efforts to improve Field 1 for polo use. The requests of Licensee shall not be unreasonably refused. The requested improvements shall not interfere with the use by the Licensor of the use of Field 1 as a driving range either temporarily or permanently when polo is not being played. In the event the polo matches are cancelled due to weather conditions, the Licensor shall use its best reasonable effort to restore the polo Field to a condition where polo can be played on the days established in this Agreement for alternate polo dates.

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The Licensee will meet with the Golf Club Superintendent in advance of the season to further discuss these guidelines. During the morning of each match day, the Licensee will meet with the Golf Club Superintendent to examine the condition of the field and its readiness for play. Ever mindful of the safety of players and horses, the Licensee will decide whether the field is ready for play no later than 12:30 pm. Should there be any question, the Licensee will involve the players in making the proper decision. Should the match be canceled for safety due to weather or field conditions, it may be rescheduled to one of the later set dates. No person shall be allowed to play polo or be a staff assistant to riders on Field 1 who has not signed a release and waiver form with the text approved in advance by the Village in writing. Signed copies of the release and waiver forms for all participants shall be provided to the Village. (Exhibit 2) The Licensor may post warning signs in accordance with 745 ILCS 47/20, the Equine Activity Liability Act.

10. PUBLIC PARKING ARRANGEMENTS

Parking for the general spectator public (Club guests, lawn seating guests, and sponsor/special event guests) will be at the parking site adjacent to the Drake Oak Brook Hotel, and/or similar or suitable locations through an agreement between ownership of the Hotel and the Licensee. Guests will be shuttled to and from the polo field on a timely basis by a fleet of small luxury vans paid for by the licensee. Vehicle parking at the field will be closely controlled and limited to a select number of tailgating guests, players, polo team personnel, OBPC event support staff, sponsor and special event hosts (not their guests), designated celebrity guests, pre-match designated guests of Licensee management, and pre-match designated VIP guests of the Village, as approved by Licensee management. The Licensee shall use its best efforts to see to it that its spectators in their parking and other actions do not interfere with the operations of other Village-owned facilities. The Village may enforce its Ordinances if any violations occur.

11. FOOD TRUCKS

The Licensor will permit the Licensee to contract with licensed food trucks to operate and sell food and non-alcoholic beverages to event spectators at each of the scheduled events. In order for them to operate, each food truck must provide proof to the Licensee that they are licensed to operate and sell in Illinois and have certificates of insurance. In addition, food trucks must also comply with applicable fire and safety laws and regulations.

12. VILLAGE FEE PAYMENT TO LICENSEE

The Village agrees to pay the Licensee $65,000 for sponsorship of the 2020 Oak Brook Polo Club season.

Payment will be delivered to Licensee within seven (7) days following the execution of this Agreement and the presentment of a required Letter of Credit as provided in Section 13.

13. LICENSE CANCELLATION OPTION AND LETTER OF CREDIT

In the event the Licensee finds itself, in spite of its best efforts, unable to generate the appropriate level of revenue from guest attendance, sponsorship, and advertising, to reasonably offset the cost of managing the polo season, the Licensee has the right to terminate this Agreement and release itself from any further commitment to the planning and execution of the 2020 polo season. Upon exercising its right to cancelation, the Licensee shall refund to the Village, on a pro-rata basis, the proportional share remaining of its $65,000 payment, presuming the length of the season begins on

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June 1, 2020 and ends on September 27, 2020, or anytime thereafter according to the following refund schedule:

Scheduled Refund Amount Total Refund Due Village Date of Cancelation Operating Fee ($45,000) Maintenance Fee ($20,000)

Before June 1 $45,000 $20,000 $65,000 June 1 - June 25 $45,000 $15,000 $60,000 June 26 - July 9 $37,500 $12,500 $50,000 July 10 - July 30 $30,000 $10,000 $40,000 July 31 - August 6 $22,500 $7,500 $30,000 August 7 - August 20 $15,000 $5,000 $20,000 August 21 - Sept. 22 $7,500 $2,500 $10,000 After Sept. 22* $0 $0 $0

Upon the Agreement being signed by both parties, and at the same time the Village sponsorship fee being received, the Licensee will deliver to the Village, a Letter of Credit with The Northern Trust Bank, or a similar bank, in the amount of $65,000, as assurance of its ability to meet its refund obligation to the Village, as set forth above, should the Licensee elect to exercise its Cancellation Option, its non-full payment of Field Maintenance payments and a failure to pay for Village Resources under Section 8. The Village must approve the text of the Letter of Credit, which shall not be unreasonably rejected. The Letter of Credit must remain in effect for thirty days after September 27, 2020 and must permit, as provided for above, the Village to draw amounts from the Letter of Credit upon a written statement to the Bank that Pineoak has breached a term of the License Agreement and the amount payable upon such breach is the amount requested in writing by the Village. To the extent that the terms of this Agreement and the provisions of the Letter of Credit conflict, the provisions of the Letter of Credit shall prevail, however, the Village must accept the provisions of the Letter of Credit. The Licensor may also choose to accept a written personal guarantee from James Drury in the amount of $65,000.

14. FINANCIAL COMMITMENT & LIABILITY

The Licensee has committed significant financial resources and has invested in management and support staff to appropriately plan and execute polo events in 2020, with the expectation that appropriate marketing and promotional investments will return revenue in the form of sponsorships, advertising, merchandise and ticket sales to offset most, if not all, of the financial resources expended. Except as authorized above and as otherwise agreed to by the parties, the Licensee assumes responsibility for financial losses associated with planning and executing polo events in 2020.

15. CLAIMS

Aside from a claim by the Licensee that the Village has breached a provision of this Agreement, the Licensee shall make no further claim, damage, or file suit against the Village arising out of the financial commitment and liability, which it agrees to fully accept in this Agreement. The maximum amount which the Licensee or Licensor suing under any rights or obligations may recover, except for the Letter of Credit will be the sum of not more than $45,000 (forty-five thousand dollars).

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16. INSURANCE

The Licensee has taken steps to obtain appropriate insurance coverage for the polo season. The Licensee will secure an insurance provider that specializes in insurance for equestrian events, including policies tailored for polo events, as recommended by the United States Polo Association (USPA). The insurer will provide insurance coverage for polo clubs throughout the U.S. The Licensee’s current policy is up for renewal on June 1, 2020. The Licensee’s formal application for insurance coverage for the remainder of the 2020 season is attached as Exhibit 3. The Licensee will maintain or obtain coverage for the Term of this Agreement. A copy of the insurance policy/ies will be provided to the Village. In addition, if not otherwise included in the insurer policy, the Licensee shall purchase general liability insurance to cover its activities in this Agreement in a company approved by the Licensor in an amount of not less than $2,000,000. That policy shall name the Village as an additional insured. That policy shall remain in force during the term of this Agreement and offer coverage on an occurrence basis. All insurance provided must contain a provision that its coverage will not be cancelled, reduced or amended without 30 days’ written notice to the Licensor, at its municipal hall address. No polo may be played without all required insurance in force and it shall not be a breach of this Agreement for the Licensor to close, Field 1 to the Licensee, its participants or spectators until the required insurance policy is in place and adequate written evidence of the correct, in-place insurance is provided to Licensor. Licensee shall provide such insurance evidence within fourteen days after the effective date of this Agreement and at the time of renewal on June 1, 2020.

17. EXTENSION OF THE LICENSE AGREEMENT

The Village will agree to negotiate in good faith regarding the continuation of a License Agreement with the Licensee for the 2021 polo season, if requested in writing to do so. The decision of the Village to enter into such an extension, but with renegotiated terms, shall be completely within the discretion of the Village. Licensee would look forward to an opportunity to attempt to negotiate such an extension.

AGREED AND ACCEPTED: _____________________________ _____________________________ President, Pineoak Partners LLC Village President, Oak Brook Village _____________________________ _____________________________ Date Date

REG BOT 012820 Agenda Item 9.A.3 - Oakbrook Center memo.doc Page 1

ITEM 9.BBOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER


630-368-5000


of January 28, 2020

SUBJECT: Oakbrook Center – Building Setbacks and Off-Street ParkingFROM: Tony Budzikowski, AICP, Development Services Director


RECOMMENDED MOTION: N/A

Background/History: Village staff has received commentary from the Village Board that they would like to be proactive and initiate discussions with Brookfield Properties on the topics of building setbacks for future development proposals and off-street parking related to Oakbrook Center. The Board’s comments concerning building setbacks and off-street parking were initially raised during the Restoration Hardware planned development process. More recently, several Board members indicated that they would like to be more proactive in working with Brookfield Properties to continue these discussions to ensure that the necessary steps and proper planning was taking place at Oakbrook Center for future development projects and to evaluate existing/future parking needs as well.

Recommendation: The Village Board provides consensus for staff to initiate discussions with Brookfield Properties on building setbacks and off-street parking related to Oakbrook Center.

REGULAR MEETING TUESDAY, JANUARY 28, 2020 7:00 P.M.

Documents

Transcript of REGULAR MEETING TUESDAY, JANUARY 28, 2020 7:00 P.M.