2022-11-07 - Ordinance 2022-120 - AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LISTING AGREEMENT RELATED TO 1650 LEIDER LANE ORDINANCE NO. 2022-120
AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LISTING AGREEMENT RELATED
TO 1650 LEIDER LANE
WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of
1970; and
WHEREAS, the Village of Buffalo Grove has purchased an existing 173,000 square foot industrial
building located at 1650 Leider Lane (the "Building") for a new Public Works facility; and
WHEREAS, the Village of Buffalo Grove has determined that approximately 43,000 square feet
(the "Leasable Space") of the existing Building may be suitable for an additional user; and
WHEREAS, the Village of Buffalo Grove wishes to engage the services of Colliers International
("Colliers") in connection with marketing and listing of the Leasable Space at 1650 Leider Lane.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute the Listing Agreement, attached hereto as
Exhibit A, for the marketing and listing of the Leasable Space at 1650 Leider Lane, subject to the final
approval of the Village Attorney.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
not be codified.
AYES: 6—Stein, Ottenheimer, Weidenfeld,Johnson,Smith, Pike
NAYES: 0—None
ABSENT: 0—None
PASSED: November 7, 2022
APPROVED: November 7, 2022
APPROVED:
Beverly Sussma i lage President
ATTEST:
Janet.M_Srrabian.Village Clerk
Exhibit A
Listing Agreement with Colliers International for 1650 Leider Lane
Colliers Bennett&Kahnweiler LLC dba Colliers International Colliers
EXCLUSIVE RIGHT TO LEASE AGREEMENT INTERNATIo4
THIS EXCLUSIVE LEASE LISTING AGREEMENT("Agreement")is entered into on October 3,2022("Effective Date"),by and between Colliers Bennett&
Kahnweiler LLC dba Colliers International("Agent")and The Village of Buffalo Grove("Principal").
1. Exclusive Agent/Representation by Salesperson(s)and Broker(s). Commencing on the Effective Date and continuing through Twelve(12)months
("Term"),for and in consideration of the covenants and conditions contained herein,the receipt and sufficiency of which are hereby acknowledged,the
Principal does hereby appoint Agent as its exclusive agent with the exclusive right to lease the following described mal estate and the improvements located
thereon with the common address of 1650 Leider Lane,Buffalo Grove,IL and described as an approximately 43,600 square feet Premises located in a
173,553 square foot building on approximately 9_50 acres and legally described on Exhibit "A" attached hereto (collectively "Property"). The
salesperson(s)/broker(s)of Agent who are authorized to represent Principal as its designated agent(s)and otherwise act on Principal's behalf in connection
with the Property is/are Steven Tick and Reed Adler("Designated Agents")to the exclusion of all other licenses affiliated with Agent;and Principal
agrees that tenants for the Property procured by other salesperson(s)/broker(s)of Agent shall not result in a dual agency,and Principal hereby consents to
same.
2. Terms of Lease. Agent agrees to use commercially reasonable efforts to procure a prospective lessee("Lessee")for the Property,and Principal agrees to
lease the Property at lease rate of$8.00_per SF Gross,or any lesser rate in Principal's sole and exclusive judgment and discretion,and upon such terms
which Principal may accept. Principal agrees to deliver possession of the Property on or before Lease commencement. The remainig terms,covenants,
conditions and obligations of the lease of the Property shall be determined by Principal,in Principal's sole and exclusive judgment and discretion.
3. Negotiations and Cooperation. All negotiations or dealings relating to the lease of the Property shall be conducted by Principal with and through Agent,
and Principal agrees to immediately refer all inquiries relating to the Property to Agent,provide Agent access to the Property at all reasonable times and to
fully cooperate with Agent in the lease of the Property.
In the event the Property or any portion thereof is leased during the term of this Agreement or any extensions thereof, Principal agrees to furnish satisfactory
evidence of good title and such documentation as may be necessary to consummate the transaction. Principal shall provide Agent with such documents
relating to the transaction,including but not limited to drafts and executed copies of an executed lease of the Property,as Agent may reasonably request.
4. Advertising. Unless expressly agreed otherwise in writing,Agent is authorized to publish this listing with online listing sites such as CoStar,MLS,etc.,
"O.L.S"and otherwise advertise the Property and prepare and/or secure plans of the Property,subject to Principal's approval and at Principal's expenses.
Principal shall not reimburse Agent for its marketing expenses.Agent shall have the right to place signs advertising the Property for lease on the Property at
Agent's expense. Agent shall provide,among other services,the following:(1)Accept delivery of and present to the Principal offers and counteroffers to
sell or lease the Principal's property or;(2)Assist the Principal in developing,communicating,negotiating,and presenting offers and counteroffers until a
lease is signed and all contingencies are satisfied or waived;and(3)Answer the Principal's questions relating to the offers,counteroffer,requests for
proposals,notices,and contingencies. Principal understands and agrees that the information contained in this Agreement or otherwise given to O.L.S
becomes O.L.S'property,is not confidential,and will be available to third parties,including prospective purchasers,other members of O.L.S who do not
represent Principal and who may represent prospective purchasers,and other parties granted access to O L.S'listing information.
5. Commissions. With respect to a lease,Principal hereby agrees to pay a commission or commissions in accordance with the Schedule of Commissions
attached to this Agreement and by this reference made a part hereof
With regard to a lease,Principal shall pay a commission to Agent upon the occurrence of the following events:(a)presentation of an invoice by Agent;(b)a
fully executed Lease is delivered to Tenant and Landlord;(c) any and all contingencies that bemefit Tenant have been satisfied oer waived in writing; (d)
Tenant has accepted possession of the Premises..
It is further agreed that in the event the Property is leased or otherwise disposed of,or negotiations for lease either commence or resume within one hundred
eighty(180)days from the termination date of the Agreement,or any extension thereof,and thereafter continue leading to a lease of the Property to a
prospect to whom it was submitted during the term of this Agreement,and whose name has been submitted in writing to Principal within fifteen(15)
business days after the termination hereof,or to a prospect to whom it was submitted whose name has been disclosed to Principal or to anyone with whom
Principal has dealt during the term of this Agreement,then in such event,Principal agrees to pay Agent a broker's commission as stipulated above after
satisfaction of all the events set forth above.
Broker acknowledges and agrees that Principal has contacted and discussed the lease of all or any portion of the Properrty with the following prospective
governmental tenants for the Property(collectively"Govemamental Tenants")prior to entering into this Agreement.Notwithstanding anything contained
herein to the contrary,the following prospective Govemamental Tenants for the Property shall not be subject to this Agreement.In the event Principal
leases,licenses or grants any rights of occupancy to any one or more of the Governmental Tenants to all or any portion of the Property,no commission shall
be due and owing to Broker by Principal. The terms,covenants,conditions and oblgations of any lease,license or occupancy of all or any portion of the
Property to any one or more of the Governmental Tenants shall be in the Principal's sole and exclusive judgment and discretion. The following entities are
the prospective Govemmentsal Tenants:
I. Buffalo Grove Park District;
2. Village of Lincolnshire;
3. School Districts 96;and
4. School Districts 102.
6. Payment of Commissions. Any commission due pursuant to Section 5 shall be payable on or before the(a) satisfaction of the items set forth in Section 5
(b)the date upon which Principal withdraws the Property from the market,makes the Property unmarketable or fails to cooperate with Agent pursuant to
Section 3 of this Agreement,or otherwise prevents Agent from selling the Property,or(c)the date upon which Principal transfers or contracts to transfer any
portion of the Property to any other person or entity,other than by sale,exchange or lease.
7. Cooperation With Other Brokers. In further consideration of Principal's appointment of Agent as its exclusive agent,Principal understands and agrees
that Agent may,when appropriate,list the Property with those organizations which Agent deems reasonable and solicit the active cooperation of other real
estate brokers in the lease of the Property from such organizations. In the event a tenant is procured by any licensee other than the Designated Agent(s),
Agent is authorized to share any commissions paid by Principal as agreed between Agent and such licensee as Agent may deem reasonable.
8. Disclosure;Hazardous Substances. Principal agrees to promptly disclose to Agent,and to permit Agent to disclose to prospective lessees,any and all
information Principal has or is aware of regarding the condition of the Property,including without limitation engineering reports,environmental reports and
other information regarding the existence of underground storage tanks or the presence of asbestos,petroleum products,PCB's and other toxic or hazardous
substances at,on,or under the Property. Principal acknowledges and agrees that Agent has not made investigation regarding underground storage tanks or
such hazardous substances concerning the Property. Principal further acknowledges and agrees that Agent shall not be required to make any such
investigation. Principal shall indemnify and hold harmless Agent any cooperating brokers to the same extent set forth in Section 11 of this Agreement in the
event Principal fails to make any required material disclosure or makes any material misrepresentation about the Property or its condition.
9. Responsibility for Maintenance. Agent is not an owner or operator of the Property and is not responsible for the activities at any time prior to closing
conducted at or upon the Property,and Agent shall not be responsible for the management,maintenance,repair,upkeep,operation or for damages of any
kind to the Property or its contents,including by not limited to,vandalism and theft,unless Agent caused such damage by its gross negligence. Principal
hereby releases and waives all rights,claims and causes of action against Agent,except claims based on its gross negligence,for damages to the Property or
its contents.
10. Deposits.If applicable,Agent is authorized to accept deposits for the lease of the Property from any prospective lessee and to deliver such deposits to
Principal..
11. Indemnification. Principal agrees to indemnify,defend,and save harmless Agent,its parent,subsidiaries,affiliates,shareholders,officers,managers,
directors,employees and agents of,from and against any and all claims,lawsuits,harm,losses,costs,settlements,judgments,expenses,liabilities,actions,
claims or demands,including without limitation reasonable attorneys'fees and other costs of litigation(collectively,"Liabilities")brought by third parties,
incurred by or asserted or claimed against Agent and relating to or arising out of(i)any lease of the Property pursuant to this Agreement,(ii)the use of,or
access to,the Property by any person pursuant to this Agreement,(iii)Agent's good faith performance of its obligations under this Agreement,(iv)damage
or injury to persons or property resulting from or occurring on the Property or any appurtenances or improvements thereon;(v)the existence of any
underground storage tanks or other hazardous substances at,on or under the Property;or(vi)the breach of,or failure to perform,any provision of this
Agreement by Principal. Principal shall not be responsible for indemnification for Liabilities to the extent caused by Agent's negligence or willful
misconduct in performing its obligations under this Agreement.
Agent hereby indemnifies and agrees to defend and hold Principal and its respective officers,directors,shareholders,partners,member,beneficiaries,
trustees,managers,employees and representatives harmless from and against any and all Liabilities brought by a third party to the extent caused by Agent's
negligence or willful misconduct in performing its obligations under this Agreement.
12. Extension. If during the Term of this Agreement,an escrow is opened or negotiations involving the leasing of the Property have commenced or are
continuing,then the Term of this Agreement shall be extended through the termination of such negotiations or consummation of such transaction. In the
event that the Property is removed from the market due to the execution of an agreement to lease the Property,and such lease is not consummated for any
reason,then,in such event,the term hereof shall be automatically extended for a period of time equal to the time that the Property was removed from the
market.The terms and conditions contained in the Commission Schedule attached hereof are expressly incorporated and made a part of this Agreement.
13. Entire Agreement This Agreement constitutes the full and entire agreement between Principal and Agent and shall supersede any prior agreements,
negotiations,and/or discussions,be they oral,written,or both. No amendment to this Agreement shall be valid or binding upon the parties unless such
amendment is made in writing and signed by both Principal and Agent.
14. Attorneys'Fees. In the event of any dispute between Owner and Agent relating in any way to this Agreement,the Property,or Owner's or Agent's
performance hereunder,Owner and Agent agree that such dispute shall be resolved by means of binding arbitration conducted in accordance with the
commercial arbitration rules of the American Arbitration Association,and judgment on the award rendered by the arbitrator(s)may be entered in any court
of competent jurisdiction. Depositions may be taken and other discovery may be sought and obtained during the arbitration proceedings as authorized and
permitted in civil proceedings in the State of Illinois. The arbitrator(s)shall be limited to awarding compensatory damages and shall have no authority to
award punitive,exemplary,or other similar type of damages. The prevailing party in the arbitration proceeding shall be entitled to recover its expenses,
including without limitation the cost of the arbitration proceedings,and reasonable attorneys'fees.
15. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
16. No Discrimination.It is illegal for either the owner or the broker to refuse to display or sell to any person because of one's membership in a protected class,
e.g.:race,color,religion,national origin,sex,ancestry,age,martial status,physical or mental handicap,familial status,or any other class protected by
Article 3 of the Illinois Human Rights Act.
17. Warranty. The Parties executing this contract are authorized to do so by Principal or Agent;and by so doing,bind their respective parties to all the
provisions of this Agreement.
IN WITNESS WHEREOF,the parties hereto have reviewed and executed this Agreement and it is effective as of the Effective Date.
PRINCIPAL:The Village of Buffalo Grove AGENT: Colliers Bennett&Kahnwe'er C db Colliers International
By: By: 041
Its: Its. Chief Operating Officer
(Address) 6250 N.River Road Suite 11-100 (Address)
Rosemont,II 60018
(Phone) 847-698-8444 (Phone)
Date: Date:10/27/22
11. Indemoificstion. Pnncipal agrces to indemni!�y,defend,and save hartnless Agent,its?arcnf,subs�diaries,a�•liates,shareholdcrs,officcrs,managers,
dircc[ors,employecs and agents of,from and against any and all claims,lawsuits,harm,fosses,coses,settlemeau,jud�nents,expenses,liabifities,actions,
claims or demands,including without IimM1a[ion reasonebte attorneys'fees and other cosls of litigation(colledively,'9.iabifitics")brought by Ihird psrties,
incurzed by o�asserted or claimed agair.st Agent and relating:o or a�ising out o((i)any lea,e o.`ihe Property pu:suant to this Agreemenl,Qi)Vte use oi,or
acccss to,thc Property by any persor.pursuant to thfs Agreement,(iii)Agent's good Cni!h performance of its obGgations under this Agreemenl,(iv)damage
or injury to persons or property resulting t"rom or occumng on the PropeAy or nny appuricnances or improvements thereon;(v)he existeace oF any
underground storage tenF:s or other hezardous substances a�on or under the Properry;or(vi)ffie breach of,or failure to perform,any provision o;this
Ag�eement bv PnnCipal. Pnncipal shall not be responsibie tor indemnifmauon(or Liabiliues to ihe e�c;ent caused by Agent's negligence or willful
miscondur.�in performing I;s oblieztions wdcr'}eis Agreemen:
Agcnt hereby indemnifiw and agrees;o defend and hold Pnncipal and its respective ofTicers,d�rectors,shareholders,pnrmers,member,beneficianes,
vustees,managers,emplo7ees and representanves humless(rom and agams'any and all Liabilities bmugnt by a third parry tu the extcnt czused 6v A�enC;
negligence or willful misconduct in performing is o5libations under ihis Agreemenl
12. Ex[ension. If during the Terr.i of lhis Agreement,;v:escrow is opened or negotiations involving the leasin6 of fhe Property have commenced or are
contmuing,then the Tem�of ihis.4Kreement snall be estended througn the tertnination of such negotia5ons or corsummatioo of such transaction. L�the
evem that the Property is removed from the muket due to�he ezeweion of an agrecment m tease Ne Property,and such Icase is not censummated for any
reasoq theq in such even4 the ierm heeof shall be automatically exiended for a period o(time equal to the time that the Property was removed from the
market The terms and conditiuns conlained in the Commission Schedule attached hereof are espressly:nmrporated and made a pan of Ihis Agreement
13. Eniire Agrcement. This Agreement consnmtes the full and er,[ire agreement between Pnncipa!and Agent and siell supersede any pnor agreemenis,
negotia�ens,ane/or discussions,be they oral,wnr.en,or both No arnendment to his Agreement shall be va{id or bindmg upon the parties vnless such
amrndnent is made in writing and signed by hoth Pnncipal and Age�t
t4. Attarneys'Fees. In[he event af arty dispute hetween Owner and Agcnt rclanng:n any way to t}:a.4greemen!,che Property,or Owncr's or Agent's
performance hereunder,Owr.cr and Agem acree that such dispule shall be resolved by:neans of binding arbiffation conduc[ed in accordanee with t6e
commerciel abitration rulcs orthc Amencan Arbitration Associntion,andjudgment on the award rendcred'oy the arbi4rotor(s)may be entercd in any cowt
of wmperent jurisdiction.. Depositions may be taken and other discovery may be sought and ob[amed dunng�t arbiVaLon proceedings as authonud and
permitted i�civii proceedings in the State of Illinos The arbivator(s)shall be limitzd to awardi�g compensarory dameges ano sF.all have no authunry ro
award punitive,exemplary,or othe;similar rype oi damages The pre�eiling party in Ihe arbitra�ion praeeding shall t+e entitled to recover its experscs,
including without limita:ion the cost ofthe arbitration proceedings,�nd¢asanable attomcys'fces
I5. Governing Law.T.his Agreement shall be govemed by nnd construeti in at:,�rdance with tt�e laws oF!he S�a[e ot'lllincis
16. No Discrimina6on.I[is illega'�.for either fhe owner or!hc broker to refuse lo dispiny or sell to any person beca�se oFone's membership in a protected class,
e g:race,color,rcligioq national ongin,sex,ancesw,age,martial stanu,physical or mental handicap,fazniliel slatus,or any other class protected by
An;cle 3 of the Ilhnois Human Righis Act
ll, Warranty. 'fhe Par:ies execu!mg this contract ure authorized to do se by Pnncipal or Agent;and by so doing,bind their respeciive partiet to all the
provisions oCthis Agreement.
IN WITNESS WHfiREOF,ihe part�es he�eto t�ave��viewul a�d execuied this Agreemer.t and-t is eRective u of the Effcctive Date
PRINCIPAL:Thr� �Ila=c o Ralo Grove AGENT: Colliers Benne�t&K�6aw"cr C db Colliers Inurnafional
By l� � F3y
1�- l �, �(K r� �lN,ti,y,�f �s Chief Operatu g Officer
(Addcess) 6250 N.River Roed Suite i 1-100 i Addres=)
Rosueon4 II 60018
�Phone) 947-698-8444 (Phone)
Rstc: �� .Z�i Dair.�orn�zz
Colliers
Colliers Bennett&Kahnweiler LLC dba Colliers International
COMMISSION SCHEDULE
LEASE COMMISSION
Unless otherwise set forth herein,in the event of a lease, the commission set forth below shall be based upon the full rental and the full amount of any renewal,
expansion,or purchase option.
On GROSS LEASES(leases wherein Lessor is responsible for paying all or a major portion of the costs of maintaining and operating the property):
When the term of the lease is;
1 YEAR OR LESS:Commission is 7%of the total gross rental reserved in the lease;
MORE THAN 1 YEAR:Commission is 7%of the average annual gross rental,plus 2%of the remaining gross rental reserved in the lease.
On NET LEASES:(leases wherein the Lessee is responsible for paying all or a major portion of the costs of maintaining and operating the property).
When the term of the lease is:
1 YEAR OR LESS:Commission is 8%of the total rental reserved in the lease;
MORE THAN 1YEAR:Commission is 4%of the total annual net rental.
COOPERATING BROKER LEASE COMMISSION
If a cooperating broker(including without limitation any agent of Colliers Bennett&Kahnweiler other than designated agents of Broker identified as such in this
agreement)represents the tenant,then such cooperating broker will be paid a full commission based upon the above commission schedule,and Colliers Bennett&
Kahnweiler will be paid a half(is)commission.
RENEWAL OPTION
If a lease or separate instrument or agreement gives the lessee an option to renewal or extend the lease,a commission is due for the term of the lease,exclusive of
the period covered by the renewal or extension option. In the event Lessee should renew the lease or extend its term,whether by exercise of such option or otherwise,
an additional commission will be due based upon the extended or additional period. Additionally,in the event the Lessee remains in the premises for an additional
period of time under a new lease,or an amendment to the original lease,a commission shall be due for such additional period based upon the rental to be paid for such
additional period. In each of the cases described above,the additional commission due will be computed as 3.5%of the total rental reserved in the lease for the renewal
or extended term. Any such commissions shall be due and payable upon the exercise of the renewal or extension,or upon the execution of the new lease or amendment
to the original lease. All of the aforesaid commissions shall be payable by Principal whether or not the property is conveyed or the lease assigned prior to the exercise
of any such renewal or extension.
ADDITIONAL SPACE OPTION
If a lease or a separate instrument or agreement gives Lessee an option to either expand the leased premises or lease additional space and Lessee should lease
additional space or expand the leased premises,or,if at any time during the original term of the lease in question Lessee enters into a new lease for such additional
space,whether or not the lease or agreement for such additional space shall be upon the same terms and conditions as set forth in the original lease or otherwise,then
additional commission is due as if a lease for such additional space had been consummated with a new Lessee,based on the term and rental provided for in the
additional space option,lease amendment,or in the new lease. The additional commission shall be due and payable at the time the option is exercised,or the lease
amendment or the new lease is executed. All of the aforesaid commissions shall be payable by Principal whether or not the property is conveyed or the lease assigned
prior to the exercise of any such option or the execution of a new lease.
ADDITIONAL SPACE
When the original lease,or an option provided for in the original lease that has been exercised,does not grant the lessee the option to acquire space in addition to
that leased,but nevertheless Lessee,after consummation of said original lease or after said option has been exercised,leases additional space,then an additional
commission is due and shall be computed as if a lease for such additional space had been consummated with a new lessee,based upon the term and rental of the lease
for such additional space to a new tenant. The additional commission shall be due and payable at the time the new lease amendment or lease is executed. The aforesaid
commission shall be payable by Principal whether or not the property is conveyed or the lease assigned prior to the lease of additional space.
TIME OF PAYMENT
All commissions are earned upon procurement of a ready,willing and able lessee(or at the conclusion of eminent domain proceedings or threat thereof)and
are payable 50%upon lease execution and 50%upon Tenant accepting possession of the Premises:(a)presentation of an invoice by Agent;(b)a fully executed Lease is
delivered to Tenant and Landlord;(c)any and all contingencies that bemefit Tenant have been satisfied oer waived in writing. Notwithstanding the foregoing,in the
event Owner agrees to accelerate payment with Cooperating Broker,then Agent's portion of the commission shall also be accelerated,due and payable inconjunction
with Cooperating Broker's portion.
After 30 days,unpaid invoices will accrue interest charges at the rate 1.5%per month. Nothing herein,however,shall preclude the Agent from pursuing claims for a
commission where legal right to collect such commission exists.
This agreement shall be binding upon and inure to the benefit of the Principal and Agent and their respective successors and assigns.
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