2024-11-04 - Ordinance 2024-0103 - AUTHORIZING AN AGREEMENT WITH THE BUFFALO GROVE LINCOLNSHIRE CHAMBER OF COMMERCE �
�;,`�i_ ' ORDINANCE 2024-0103
BUFFALJ✓ I AC EEMENT WI HUTHE BU FA O CROVE
V�VE � LINCOLNSHIRE CHAMBER OF COMMERCE
WHEREAS the Village of Buffalo Grove is a home rule unit pursuant to the
Illinois Constitution of1970; and
WHEREAS the Village owns the building at 50 1/z Raupp Boulevard in Buffalo
Grove and the Buffalo Grove Lincolnshire Chamber of Commerce wishes to lease this
space;
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 sign the lease agreement attached
to this ordinance.
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 shall not be codified.
AYES: 6-Johnson. Cesario, Ottenheimer, Stein. Bocek. Weidenfeld
NAYES: 0- None
ABSENT: 0- None
PASSED: November 4. 2024
APPROVED: November 4. 2024
PUBLISHED: November 5. 2024
ATTEST: - AP ROVED:
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Jan _ � , i�r ,r;Village Clerk Eric N. Smith, 'llage President
. ,_ _
Page 1 of 1
smart.with heart.
50 Raupp Blvd, Buffalo Grove, IL 60089 `► 847-459-25001 vbg.org
LEASE AGREEMENT
TERM OF LEASE
Beginning Ending Annual Rent Date of Lease Location of Premises
275 square feet located in the
Building commonly known
as SO 1/2 Raupp Avenue,
November 5, December 31, $1 � November 5, Buffalo Grove, Illinois
2024 2028 2024 60089,which is the Village
Youth Center,as depicted on
E�chibit"A", attached hereto
and incorporated herein
Purpose and Use: The Lessee's use of the Premises is limited to Chamber of Commerce related business.
The occasional use of Village Hall conference room space and the remaining portion of the Village Youth
Center may be allowed by Lessor on a pre-arranged basis, so long as it does not conflict with scheduled
Village of Buffalo Grove business.
Lessee shaIl be allowed the use of 100 square feet of storage space in the Village Hall basement,as part of
the Premises, at no additionai rent of charge, but subject to the terms and conditions of this Lease.
LESSEE OR CAAMBER: LESSOR:
NAME: BUFFALO GROVE LINCOLNSHIRE NAME: VILLAGE OF BUFFALO
CHAMBER OF COMMERCE, GROVE,an Illinois municipal
an Illinois Not-for-Profit corporation
corporation
ADDRESS: 50 1/2 Raupp Boulevard ADDRESS: 50 Raupp Boulevard
Buffalo Grove, Illinois 60089 Buffalo Grove,Illinois 60089
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to
Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated
above(the "Premises"),together with the appurtenances thereto, for the above Term.
LEASE COVENANTS AND AGREEMENTS
1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated
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above, annually, in advance, on January 1 of each lease year,until expiration or eazly termination
of this lease, at Lessor's address stated above or such other address as Lessor may designate in
writing.
2. REPAIRS AND MAINTENANCE.Lessee shall keep the Premises and appurtenances
thereto in a clean, sightly and healthy condition;and in good repair, all according to the statutes
and ordinances in such cases made and provided, and the directions of public officers thereunto
duly authorized, all at Lessee's own expense, and shall yield the same back to Lessor upon the
termination ofthis lease,whether such termination shall occur by expiration ofthe term,or in any
other manner whatsoever,in the same condition of cleanliness,repair and sightliness as at the date
of the execution hereof, loss by fire and reasonable wear and tear excepted. Lessee shall rnake all
necessary repairs and renewals upon Premises and replace broken globes,glass and fixtures with
material ofthe same size and quality as that broken and shall insure all glass in windows and doors
of the Premises at his own expense.If,however,the Premises shall not thus be kept in good repair
and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same,
himself or by his agents, servants or employees, without such entering causing or constituting a
termination of this lease �r an interference with the possession of the Premises by Lessee, and
Lessor may replace the same in the same condition of repair, sightliness, healthiness and
cleanliness as existed at the date of execution hereof and Lessor agrees to pay Lessor, in addition
to the rent hereby reserved,the expenses of Lessor in thus replacing the Premises in that condition.
Lessee shall not cause or permit any waste,misuse or neglect of the water, or of the water, gas or
electric fixtures.Notwithstanding anything contained herein to the contrary,Lessee shall not enter
into any contract for repairs, maintenance, rehabilitation, restoration, construction or fixtures or
equipment for the Premises without Lessor's prior written consent.
3. ACCESS TO PREMISES. Lessee shall allow Lessar or any person authorized by
Lessor free access to the Premises for the purpose of examining or e�chibiting the same,or to make
any repairs or alterations thereof which Lessor may see fit to make, and Lessee will allow Lessor
to have placed upon the Premises at all times notices of"For Sale"and"For Rent,"and Lessee will
not interfere with the same.
4. NON-LIABILITY OF LESSOR. Except as provided by Illinois statute, Lessor shall
not be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by the
failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or
occasioned by wind or by or from any defect of plumbing,electric wiring or of insulation thereof,
gas pipes,water pipes or steam pipes,or from broken stairs,porches,railings or walks,or from the
backing up of any sewer pipe or down-spout,or from the bursting, leaking or running of any tank,
tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the
Premises or the building of which they are a part nor from the escape of steam or hot water from
any radiator, it being agreed that said radiators are under the control of Lessee, nor for any such
damage or injury occasioned by water, snow or ice being upon or coming through the roof,
skylight, trap-door, stairs, walks or any other place upon or near the Premises, or otherwise, nor
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for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco,
nor for any damage or injury arising from any act,omission or negligence of co-tenants or of other
persons, occupants of the same building or of adjoining or contiguous buildings or of owners of
adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such
damage or injury being hereby expressly waived by Lessee.
5. WATER,GAS AND ELECTRIC CHARGES.Lessor will provide and pay for water,
gas and electric light and power�'or the Premises, for and during the time for which this lease is
granted. Lessor will provide janitorial service for the Premises. Lessee will provide and pay for
cable, internet,telephone,fax and copier service for the Premises.
6. SUBLETTING;ASSIGNMENT. The Premises shall not be sublet in whole or in part
to any person other than Lessee, and Lessee shall not assign this lease without, in each case, the
consent in writing of Lessor first had and obtained; nor permit to take place by any act or default
of himself or any person within his control any transfer by operation of law of Lessee's interest
created hereby; nor offer for lease or sublease the Premises, nor any portion thereof, by placing
notices or signs of"To Let,"or any other similar sign or notice in any place,nor by advertising the
same in any newspaper or place or manner whatsoever without,in each case,the consent in writing
of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there be more
than one, shall make an assignment for the benefit of creditors, or shall be adjudged a bankrupt,
Lessor may terminate this lease,and in such event Lessee shall at once pay Lessor a sum of money
equal to$1,000.00, as liquidated damages.
7. LESSEE NOT TO MISUSE.Lessee will not permit any unlawful or immoral practice,
with or without his knowledge or consent,to be committed or carried on in the Premises by himself
or by any other person. Lessee will not allow the Premises to be used for any purpose that will
increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified.
Lessee will not keep or use or permit to be kept or used in or on the Premises or any place
contiguous thereto any flammable fluids or explosives, without the written permission of Lessor
first had and obtained. Lessee will not load floors beyond the floor load rating prescribed by
applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any
purpose whatsoever that will injure the reputation of the Premises or of the building of which they
are a part.
8. CONDITION ON POSSESSION. Lessee is currently in possession of the Premises
under a prior lease and Lessee has examined and knows the condition of the Premises and has
received the same in good order and repair and acknowledges that no representations as to the
condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve
the Premises, have been made by Lessor or his agent prior to or at the execution of this lease that
are not herein expressed.Lessor shall provide Lessee three(3)keys or three(3)sets of keys to the
Premises, the Village Youth Center main door,the Village Youth Center washrooms,the Village
Hall main entrance, the Village Hall north entrance, and current Lessee storage cage in Village
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Hall basement. Chamber shall not change the locks or put any additional locks on the Premises.
These keys shall not be duplicated by the Chamber and shalI be strictly controlled by the Chamber.
9. RESTRICTIONS (5IGNS, ALTERATIONS, FIXTURES). Lessee shall not attach,
affix or exhibit or permit to be attached, affixed or exhibited, except by Lessor or his agent, any
articles of permanent character or any sign, attached or detached, with any writing or printing
thereon,to any window, floor, ceiling,door or wall in any place in or about the Premises, or upon
any of the appurtenances thereto, without in each case the written consent of Lessor first had and
obtained; and shall not commit or suffer any waste in or about said Premises; and shall make no
changes or alterations in the Premises by the erection of partitions or the papering of walls, or
otherwise,without the consent in writing of Lessor,and in case Lessee shall affix additional locks
or bolts on doors or window, or shall place in the Premises lighting fixtures or any fixtures of any
kind, without the consent of Lessor first had and obtained, such locks, bolts and fiactures shall
remain for the benefit of Lessor,and without expense of removal or maintenance to Lessor.Lessor
shall have the privilege of retaining the same if Lessor desires. If Lessor does not desire to retain
the same,Lessor may remove and store the same,and Lessee agrees to pay the expense of removal
and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade
fixtures,equipment and movable furniture.Lessee may post a sign with the Chamber of Commerce
logo on the door of the Premises but said sign must be non-marring to the door surface.
10. HEAT. Where building is equipped for the purpose, Lessor shall furnish to Lessee, a
reasonable amount of heat, from October 1 st to May 1 st,whenever in Lessor's judgment necessary
for comfortable use of the Premises, during customary business hours (excluding Sundays and
holidays),but not earlier than 7 a.m.nor later than 7 p.m. unless specifically stated herein. Lessor
does not warrant that heating service will be free from interruptions caused by strike, accident or
other cause beyond the reasonable control of Lessor, or by renewal or repair of the heating
apparatus in the building.Any such interruption shall not be deemed an eviction or disturbance of
Lessee's use and possession of Premises,nor render Lessor liable to Lessee is damages.All claims
against Lessor for injury or damage arising from failure to fumish heat are hereby expressly waived
by Lessee.
11. FIRE AND CASUALTY. In case the Premises shall be rendered untenantable by fire,
explosion or other casualty, Lessor may, at his option,terminate this lease or repair the Premises
within sixty days.If Lessor does not repair the Premises within said time,or the building containing
the Premises shall have been wholly destroyed,the term hereby shall cease and terminate.
12. TERMINATION; HOLDING OVER At the expiration or termination of the term of
this lease,by lapse oftime or otherwise,Lessee will yield up immediate possession ofthe Premises
to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will return
the keys therefor to Lessor at the place of payment of rent. If Lessee retains possession of the
Premises or any part thereof after the termination of the term by lapse of time or otherwise,then
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Lessor may at its option within thirty (30) days after termination of the term serve written notice
upon Lessee that such holding over constitutes either (a) creation of a month to month tenancy,
upon the terms of this lease except at Five Hundred and No/I 00 Dollars ($500.00) rental per
month, or(b)creation of a tenancy at sufferance, at a rental of One Hundred and No/100 Dollars
($100.00) per day, for the time Lessee remains in possession. If no such written notice is served
then a tenancy at sufferance with rental as stated at(b) shall have been created. Lessee shall also
pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee.
The provisions of this paragraph shall not constitute a waiver by Lessor of any right of re-entry as
hereinafter set forth;nor shall receipt of any rent or any other act in apparent affirmance of tenancy
operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein.
13. LESSOR'S REMEDIES. If Lessee shall vacate or abandon the Premises or permit the
same to remain vacant or unoccupied for a period of ten days,or in case of the non-payment of the
rent reserved hereby,or any part thereof, or of the breach of any covenant in this lease contained.
Lessee's right to the possession of the Premises thereupon shall terminate with or (to the extent
permitted by law)without any notice or demand whatsoever,and the mere retention of possession
thereafter by Lessee shall constitute a forcible detainer of the Premises;and if the Lessor so elects,
but not otherwise,and with or without notice of such election or any notice or demand whatsoever,
this lease shall thereupon terminate, and upon the termination or Lessee's right of possession, as
aforesaid, whether this lease be terminated or not, Lessee agrees to surrender possession of the
Premises immediately, without the receipt of any demand for rent, notice to quit or demand for
possession of the Premises whatsoever, and hereby grants to Lessor full and free license to enter
into and upon the Premises or any part thereof, to take possession thereof with or (to the extent
permitted by law)without process of law, and to expel and to remove Lessee or any other person
who may be occupying the Premises or any part thereof, and Lessor may use such force in and
about expelling and removing Lessee and other persons as may reasonably be necessary, and
Lessor may re-possess himself of the Premises as of his former estate, but such entry of the
Premises shall not constitute a trespass or forcible entry or detainer,nor shall it cause a forfeiture
of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this lease
contained, to be performed by Lessee. Lessee hereby waives all notice of any election made by
Lessor hereunder, demand for rent,notice to quit, demand for possession, and any and all notices
and demand whatsoever, of any and every nature, which may or shall be required by any statUte
of this state relating to forcible entry and detainer, or to landlord and tenant, or any other statute,
or by the common law, during the term of this lease or any extension thereof. The acceptance of
rent,whether in a single instance or repeatedly,after it falls due,or after knowledge of any breach
hereof by Lessee, or the giving or making of any notice or demand, whether according to any
statutory provision or not,or say act or series of acts except an express written waive,shall not be
construed as a waiver of Lessor's rights to act without notice or demand or of any other right hereby
given Lessor,or as an election not to proceed under the provisions of this lease.
14. RIGHT TO RELET. If Lessee's right to the possession of the Premises shall be
terminated in any way,the Premises,or any part thereof,may,but need not(except as provided by
Illinois statute),be relet by Lessor,for such rent and upon such terms and to such person or persons
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and for such period or periods as may seem fit to the Lessor, but Lessor shall not be required to
accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any
diligence whatsoever, in or about the procuring of any care or diligence by Lessor in the reletting
thereof;and if a sufficient sum shall not be received from such reletting to satisfy the rent hereby
reserved, after paying the expenses of reletting and collection, including commissions to agents,
and including also expenses of redecorating. Lessee agrees to pay and satisfy all deficiency; but
the acceptance of a tenant by Lessor, in place of Lessee,shall not operate as a cancellation hereof,
nor to release Lessee from the performance of any covenant, promise or agreement herein
contained, and performance by any substituted tenant by the payment of rent, or otherwise, shall
constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder.
15. COSTS AND FEES.Lessee shall pay upon demand all Lessor's costs,charges and
expenses, including fees of attorneys,agents and others retained by Lessor, incurred in enforcing
any of the obligations of Lessee under this lease or in any litigation,negotiation or transaction in
which Lessor shall,without Lessor's fault, become involved through or on account of this lease.
16. INSURANCE. (a) Lessee further covenants and agrees that from and after the date of
delivery of the Premises from Lessor to Lessee, Lessee shall, at its own expense, carry and
maintain (1) a Commercial General Liability Insurance Policy in the minimum amount of
$1,000,000 combined single limit for bodily injury and property damage; (2) Worker's
Compensation insurance in the amount required by Illinois statute; and (3) All Risk coverage
protecting Lessee against loss or damage to Lessee's trade fixtures, additions, improvements and
alterations, equipment, goods and inventory. All such insurance shall be affected under va(id and
enforceable policies issued by insurers of recognized responsibility which are licensed to do
business in the State of Illinois and shall name as additional insured Lessor and its beneficiaries
and agents and Lessor's lender, if any, as their interests may appear. Lessee shall, prior to the
commencement of the Term of this Lease furnish to Lessor certificates evidencing such coverage,
and showing the interests of Lessor and Lessor's mortgagee, if any.
(b) Lessee agrees to indemnify, save, protect and hold forever harmless Lessor, its agents and
employees(collectively"Lessor's indemnities')from and against all losses,damages,costs,claims
and liabilities, including without limitation, court costs and attorneys' fees and expenses, which
Lessor's indemnities,or any of them,may suffer,incur or sustain or for which Lessor's indemnities,
or any of them,may become liable or obligated by reason of,resulting from,or in connection with:
(I) any injury to or death of persons and damage to or theft,misappropriation or lass of property
occurring in or about the Premises arising from Lessee's use and occupancy of the Premises or the
conduct of its business;(2)any activity,work or thing done,permitted or suffered by Lessee in or
about the Premises, including all liabilities of every kind and description which may arise out of
or in connection with the Work;and(3)any breach or default on the part of Lessee in the payment
or performance of any covenant, agreement or obligation on the part of Lessee to be paid or
performed pursuant to the terms of this Lease or any other act or omission of Lessee, its agents or
employees. In case of any action or proceeding brought against Lessor's indemnities, or any of
them, by reason of any such claims, Lessee covenants to defend such action or proceeding by
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counsel reasonably satisfactory to Lessor.
17. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this
lease, to secure the payment of all moneys due under this lease, which lien may be foreclosed in
equity at any time when money is overdue under this lease;and the Lessor shall be entitled to name
a receiver of said leasehold interest,to be appointed in any such foreclosure proceeding,who shall
take possession of said premises and who may relet the same under the orders of the court
appointing him.
18. REMOVAL OF OTI�ER LIENS.In event any lien upon Lessor's title results from any
act or neglect of Lessee,and Lessee fails to remove said lien within ten days after Lessor's notice
to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without
any investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request the
amount paid out by Lessor in such behalf, including Lessor's costs, expenses and counsel fees.
19. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the rent reserved
hereby during the balance of the term hereof, shall not be deemed to be waived, released or
terminated,by the service of any five-day notice, other notice to collect, demand for possession,
or notice that the tenancy hereby created will be terminated on the date therein named, the
institution of any action of forcible detainer or ejectment or any judgment for possession that may
be rendered in such action,or any other act or acts resulting in the tertnination of Lessee's right to
possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and
payment or receipt thereof shal(not waive or affect any such notice, demand, suit or judgment,or
in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which
Lessor may have by virtue hereof.
20. NOTICES.Notices may be served on either party,at the respective addresses given at
the beginning of this lease, either (a) by delivering or causing to be delivered a written copy
thereof, or (b) by sending a written copy thereof by United States certified or registered mail,
postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the
notice shall be deemed to have been served at the time the copy is mailed.
21. MISCELLANEOUS. (a) Provisions typed on this lease and the Rider attached to this
lease and signed by Lessor and Lessee are hereby made a part of this lease.
(b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter
required by Lessor, which may be necessary for the proper and orderly care of the building of
which the Prerr►ises are a part.
(c) All covenants, promises, representations and agreements herein contained shall be
7
binding upon,apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal
representatives, successors and assigns.
(d) The rights and remedies hereby created are cumulative and the use of one remedy shall
not be taken to exclude or waive the right to the use of another.
(e) The words"Lessor"and"Lessee"wherever used in this lease shall be construed to mean
Lessors or Lessees in all cases where there is more than one Lessor or Lessee, and to apply to
individuals, male or female, or to firms or corporations, as the same may be described as Lessor
or Lessee herein,and the necessary grammatical changes shall be assumed in each case as though
fully expressed.
22. SEVERABILITY. If any clause, phrase, provision or portion of this lease or the
application thereof to any person or circumstance shall be invalid, or unenforceable under
applicable law,such event shall not affect,impair or render invalid or unenforceable the remainder
of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the
application of any clause,phrase,provision or portion hereof to other persons or circumstances.
23. LESSOR'S RIGHT TO TERMINATE. Lessor shall have the unilateral right to
terminate this Lease upon not less than ninety (90) days prior written notice to Lessee ("Lease
Termination Notice"),effective the 91 S'day after the date of the Lease Termination Notice("Early
Termination Date").Upon the giving of a Lease Termination Notice,this Lease and the Term shall
terminate on the Early Termination Date as fully and effectively as if the date said notice is given
had been the date in this Lease specifically provided for the termination of this Lease and the Term.
If Lessor elects to terminate this Lease,everything contained in this Lease on the part of Lessor to
be done and performed shall cease on the Early Termination Date and this Lease shall be canceled
and terminated except for any provisions that specifically survive termination. Upon delivery of
the Early Termination Notice, Lessee shall vacate the Premises and re-deliver it to Lessor on or
before the Early Termination Date in the condition as required by the Lease.Lessee shall continue
to pay all Rent and other charges as they come due through the Early Termination Date.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the
Date of Lease stated above.
LESSEE OR CHAMBER: LESSOR:
NAME: BUFFALO GROVE LINCOLNSHIRE NAME:VILLAGE OF BUFFALO
CHAMBEROF COMMERCE,an Illinois GROVE,an Illinois municipal
Not-for-Profit corporation corporation
By: ��L� By: .r
Name: NiCk Wians N�e. Dane Bragg
Title: Chamber President Title: Village Manager
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RIDER TO LEASE AGREEMENT
RIDER TO LEASE AGREEMENT("RIDER")DATED NOVEMBER 1,2024("LEASE")BY AND
BETWEEN VILLAGE OF BUFFALO GROVE AN ILLINOIS MUNICIPAL CORPORATION
("LESSOR") AND BUFFALO GROVE LINCOLNSHIRE CHAMBER OF COMMERCE, AN
ILLINOIS NOT-FOR-PROFIT CORPORATION ("LESSEE") FOR THE PREMISES KNOWN
AS 275 SQUARE FEET LOCATED IN THE BUILDING COMMONLY KNOWN AS 501/2 RAUPP
AVENUE,BUFFALO GROVE,ILLINOIS 60089("PREMISES")
1. CONFLICT.This Rider is fully incorporated into and made a part of the Lease.To the extent
that the terms,cavenants and provisions of this Rider conflict with the terms,covenants and provisions of
the Lease,this Rider shall controi.
2. INCENTIVE PAYMENTS TO LESSEE.(a)Lessor has determined Lessee provides valuable
services to the public and to the Village of Buffalo Grove.It is in the Village of Buffalo Grove's best interest
that the Buffalo Grove Lincolnshire Chamber of Commerce promote the Village of Buffalo Grove by
striving to increase membership in the Buffalo Grove Lincolnshire Chamber of Commerce so as to network
and promote the interests of the business community. To that end, Lessor agrees to pay Lessee incentive
payments for certain new members being recruited by and joining the Buffalo Grove Lincolnshire Chamber
of Commerce,subject to and in accordance with the following terms and conditions
(i) Lessee agrees to use best efforts to target new business, industrial, commercial and retail
members (individually "Targeted New Member"). In the event Lessee recruits any Targeted
New Member who joins the Buffalo Grove Lincolnshire Chamber of Commerce,completes all
the necessary requirements,pays the required dues, conducts,transacts and is doing business
whose principal office or location is located within the municipal boundaries of the Village of
Buffalo Grove, Illinois, employs forty nine (49) employees or less and is not a returning
member who has been absent for less than five (5} years, Lessor shall pay Lessee a Three
Hundred and No/100 Dollars ($300.00) incentive payment ("$300 Incentive Payment") for
each such Targeted New Member;
(ii) In the event Lessee recruits any Targeted New Member who joins the Buffalo Grove
Lincolnshire Chamber of Commerce, completes all the necessary requirements, pays the
required dues, conducts, transacts and is doing business whose principal o�ce or location is
located within the municipal boundaries of the Village of Buffalo Grove,Illinois,employs fifty
(50)employees or more and is not a returning member who has been absent for less than five
(5) years, Lessor shall pay Lessee a Five Hundred and No/100 Dollars ($500.00) incentive
payment ("$500 Incentive Payment") for each such Targeted New Member ($300 Incentive
Payment or $500 Incentive Payment is sometimes hereinafter individually referred to as
"Incentive Payment");
(iii) In order to qualify for any Incentive Payment defined in Section 2(a)(i) and (ii) above, any
Targeted New Member:(I)shall not be a returning member unless their membership has lapsed
more than(5)years;(II)must conduct,transact and do business within the Village of Buffalo
Grove,Illinois whose principal office or location is located within the municipal boundaries of
the Village of Buffalo Grove, Illinois; and(III) satisfy all requirements of the Buffalo Grove
Lincolnshire Chamber of Commerce so as to become a member.
(iv) Lessee agrees to use best efforts to target and recruit industrial businesses as Targeted New
I1
Members.
(b)Notwithstanding anything contained herein to the contrary,in order to qualify for any Incentive Payment
defined in Section 2(a)(i)and(ii)above,the Buffalo Grove Lincolnshire Chamber of Commerce must have
at least and maintain at least one hundred(100)active members,in good standing,for the last ninety(90)
days.
(c)Within thirty(30)days after a Targeted New Member satisfies all requirements of the Buffalo Grove
Lincolnshire Chamber of Commerce so as to become a Targeted New Member,Lessee agrees to and shall
facilitate and coordinate a"get to know you"meeting with an authorized representative of the Village of
Buffalo Grove,Illinois.
(d)Within thirty (30)days after the last day of each quarter of each calendar year during the Lease Term,
Lessee shall submit to Lessor(a)an affidavit from Lessee in form and substance reasonably acceptable to
Lessor stating(1)in reasonable detail the names,addresses and contact inforcnation of each Targeted New
Member that satisfied all requirements of the Buffalo Grove Lincolnshire Chamber of Commerce and
became a Targeted New Member during the prior quarter; and (2) information, in reasonable detail,
supporting that each Targeted New Member that joined the Buffalo Grove Lincolnshire Chamber of
Commerce during the prior quarter entitles Lessee to either a$300 Incentive Payment,or a$500 Incentive
Payment or no Incentive Payment. Lessee shall also deliver an invoice to Lessor for the total amount of
Incentive Payments due to Lessee which accrued during the prior quarter. Within thirty (30) days after
receipt of all such items,and provided Lessee is not in default under the Lease that continues beyond any
notice and cure period Lessor shall pay the total amount of the Incentive Payments accrued during the prior
quarter.
(e)Notwithstanding anything contained herein to the contrary,the maximum amount of Incentive Payments
to be paid by Lessor to Lessee pursuant to the terms and conditions of this Rider shall not exceed the total
amount of Six Thousand and No/100 Dollars($6,000.00)per Lease Year.
(fl Lessee agrees to and shal]update and deliver to Lessor a written status and report on Lessee's progress
and activities in recruiting Targeted New Members to become members of the Buffalo Grove Lincolnshire
Chamber of Commerce every quarter of every Lease Year after the Effective Date.
3. AUD1T RIGHTS. Lessor shall have the right, at Lessor's sole expense, to examine Lessee's
books and records establishing the Incentive Payments referenced in this Rider for any calendar year not
more than one time per calendar year.Lessor shall give Lessee not less than thirty(30}days'prior written
notice of its intention to examine such books and records,and such examination and audit shall take place
at such place within the continental United States as Lessee routinely maintains such books and records.If,
pursuant to the examination, the Incentive Payments made for such calendar year by Lessor exceed the
required Incentive Payments on account thereof for such calendar year,Lessee shall promptly refund such
overpayment but,if the Incentive Payments made by Lessor for such calendar year are less than the required
Incentive Payments as established by the examination, Lessor shall pay the deficiency to Lessee within
thirty(30)days after conclusion of the examination.Lessor shall be required to deliver to Lessee a copy of
all reports produced by its examiner.If Lessor does not elect to exercise its right to examine Lessee's books
and records for any calendar year within the time period provided for by this Section,Lessor shall have no
further right to audit such books and records for such period of time.
(SIGNATURES TO THE RIDER APPEAR ON TRE FOLLOWING PAGE)
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IN WITNESS WHEREOF,the parties hereto have executed this Rider this day and
year first above written.
LESSEE OR CHAMBER: LESSOR:
NAME:BUFFALO GROVE LINCOLNSHIIiE NAME:VII.LAGE OF BUFFALO
CHAMBEROF CONIlI�RCE,an Illinois GROYE,an Illinois municipal
Not-for-Profit corporation corporation
By; G���v By;
Name: NICk Wians N�e: Dane Bragg
Title: Chamber President Title: Village Manager
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