Kane County Cougars agree to pay past-due license fees to remain in Geneva stadium
The Kane County Cougars were in danger of having their 2024 season canceled due to unpaid licensing fees to the Kane County Forest Preserve District in 2021 to lease Northwestern Medicine Field. But the team will remain in Geneva after a $321,000 settlement agreement.
Under the contract terms, Cougars owner Robert Froehlich would have had the option to play a final season in 2023, not pay anything further to the forest preserve district, and leave the stadium in 2024.
But this month, Froehlich paid $200,000 to the forest preserve district to continue using its stadium at 34W002 Cherry Lane in 2024. There is a $121,000 payment still pending.
The Cougars pay $500,000 per year in licensing fees, according to its agreement with the district.
Forest preserve commission President Chris Kius, an Algonquin Democrat, said a portion of the 2021 rent - $179,000 - was forgiven because of the pandemic.
Commissioners had sent a demand letter to Froehlich in November for unpaid licensing fees.
"We are elated to enter into a settlement agreement with (the Kane County Forest Preserve District) that puts to rest the unprecedented COVID-related force majeure lease issues we have been dealing with over the past few years," Froehlich stated in a text message. "It was a very complicated issue that no one has ever faced before."
Force majeure - French for "superior force" - is a contract clause that removes liability for unforeseeable and unavoidable catastrophes, which in this case, was the COVID-19 pandemic.
According to a resolution the forest preserve commission approved at a special meeting on March 2, Froehlich was required to pay the $200,000 immediately and $121,000 on or before Sept. 30.
The resolution includes "a one-time right by the district to terminate the license agreement in the event of a default in payment of 2021 settlement payments or 2023 license fees," records show.
The $200,000 was due immediately, which Executive Director Ben Haberthur confirmed was paid, and said Froehlich is current with the license payments for 2023.
"The $321,000 was the settlement for the 2021 season between the Cougars and the forest preserve district," Haberthur said, referring to the totality of the two payments. "Everything is going very well now. Our expectation is that that (remaining $121,000) will be paid in full."
Haberthur said in a news release that the fees have been resolved for 2021, and "we are happy to continue this partnership."
In the same release, Froehlich had stated, "The partnership between the Forest Preserve District of Kane County and the Cougars is greatly valued. We look forward to playing the 2023 season at beautiful Northwestern Medicine Field and for many seasons to come."
According to the license agreement, the Cougars' payment schedule for each year is $50,000 due March 31; $175,000 due June 30; $175,000 due Sept. 30; and $100,000 due Dec. 31, for a total of $500,000.