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Big Basin MarinaChannahon, IL
Confidential Offering Memorandum
Please Do Not Disturb Employees
Exclusively Listed By:
Eddy A. Dingman
Real Estate/Marina Business Broker
National Golf & Marina Properties Group
of Coldwell Banker Commercial NRT
+ 847 987 6626 Direct
+ 781 810 9653 Fax
eddy@nationalgolfandmarina.com
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
Please do not disturb employees
Disclaimer Statement
This offering has been prepared solely for informational purposes. It is designed to assist a po-
tential investor in determining whether it wishes to proceed with an in-depth investigation of the
subject property. While the information contained herein is from sources deemed reliable, it has not
been independently verified by the National Golf and Marina Properties Group of Coldwell Banker
Commercial NRT or by the Seller.
This document is provided subject to errors, omissions and changes in the information and is
subject to modification or withdrawal. The contents herein are confidential and are not to be repro-
duced without the express written consent of National Golf nad Marina Properties Group of Cold-
well Banker Commercial NRT.
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
Please do not disturb employees
Table of Contents
Executive Summary
THE OFFERING...................................................................1			
property overview
PROPERTY DETAILS..........................................................2			
PHOTOGRAPHS..................................................................4			
location overview
CHANNAHON, ILLINOIS......................................................9			
LOCATION MAPS.............................................................. 11			
LOCATION AERIALS..........................................................12			
Conclusion
CONFIDENTIALITY AGREEMENT.....................................13			
CONTACT INFORMATION.................................................15
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •1•
Please do not disturb employees
The Big Basin Marina is a unique property located 40 miles south of Chicago in Chan-
nahon, Illinois. It is adjacent to I-55 and two miles south of I-80 on the Des Plaines
River at the Bluff Road exit. Property is being
offered at $2,900,000.
It is located on the Illinois Waterway with ac-
cess from Lake Michigan to the Gulf. This full
service marina has enjoyed 100% occupancy
for 14 years, with boat registrations in the area
increasing 28% since 2008.
Big Basin Marina
Channahon, Illinois
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •2•
Please do not disturb employees
Land Size: 15.191 acres Travel Lift: 20 ton
Building(s): Five total buildings* Launch Ramp(s): Three (3)
Boat Storage: 3,040 SF building Boat Slips: 137 w/ water/electric hookup
Repair Shop: 2,750 SF building Watercraft Slips: 12
Storage: 50’ x 160’ steel building** Frontage: 400’ Des Plaines River Frontage
(becomes Illinois River 5 miles down)
Occupancy: 100% for 14 years Harbors: 2 Protected Harbors
Fuel Service: One 2,500 gallon tank Sanitation: Edson Pump out System
Miscellaneous: Majority of docks are ten years old and have vinyl decking and galvanized truss frames
Automated Cale MP104 Launch system
90 Jack Stands
Office equipment
1 Club Golf Cart / 1 EZ-Go Cart (Gasoline)
Coin operated washer & dryer
* Buildings include main office, lounge, storage, repair, apartment - see descriptions on following page
** Storage building has 32 mini-storage units (10’ x 25’)
Property Overview
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •3•
Please do not disturb employees
Building #1 - 8,000 SF steel,
mini-stoage building (50’ x 160’)
with 32 overhead doors for small
boat storage (10’ x 25’ each).
Condition and utility is good.
Building #2 - Dan’s Marina Ser-
vice, 2,750 SF steel repair shop
building with some heat, a smal
loffice area and an overhead
door. This building is identifies as
“Steve’s Repair” and is described
as in good condition.
Building #3 - 3,040 SF (30.4’ x
100’) cold storage pole building
with steel siding and a concrete
floow. Usage is for boat storage
only.
Building #4 - 4,466 SF (44’ x
80’) steel building with a partial
second floor apartment area and
attached 22’ x 43’ storage shed.
The main floor contains an of-
fice area, laundry room, two re-
strooms (two showers), furnace,
and a rear boat storage area.
The office area has a wall heater
and the upstairs apartment has
gas FHA, a fireplace, and a 200
SF enclosed wood deck. The
apartment unit has a kitchen, liv-
ing room, bedroom and bath. The
building is in fair condition.
Building #5 - 1,800 SF pole
building with wood siding that has
a bar/lounge interior finish and a
12’ wide deck on three sides and
out towards the water.
The interior has hardwood floors,
paneled walls, a central HVAC
zoned system, 200 amp service,
two restrooms and a pool room
wing.
There is a 60 SF walk-in cooler in
the bar area and another outside
for seasonal usage. Building is
protected by an alarm system.
Building is identified as “Mugz
Hideout” and has docking facili-
ties on the river.
Other Improvements - The
137 full service, pipe or wood post
slips with metal or wood decks
and hook ups for electric/wa-
ter. Road access along the west
boundary line of subject site. Ad-
ditional improvements are well,
septic, gravel, asphalt paving and
yard lighting. In 2013, a pavillion
was added for boaters with as-
phalt paving.
The subject property is improved with five major building improvements varying construction
grades, potential use and effective age.
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •4•
Please do not disturb employees
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •5•
Please do not disturb employees
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •6•
Please do not disturb employees
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •7•
Please do not disturb employees
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •8•
Please do not disturb employees
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •9•
Please do not disturb employees
Property Overview
The Village of Channahon is strategically located on the banks of the Des Plaines River and at
the crossroads of I-55 and I-80. Since 2000, the Village population has grown by more than
70% to nearly 13,000. The area boasts median income of $86,326.
Despite this rapid growth, there is still ample opportunity for commercial development in Chan-
nahon. Channahon residents desire a wider range of retail uses, service providers and dining
options within the Village.
In addition to commercial opportunities, the Village’s strategic position within the region makes it
a desirable location for industrial uses and regional attractions. Four Class I railroads traverse
the area and Channahon is directly served by the CSX and CN railroads. The Village is also in
close proximity to the new CenterPoint Intermodal facilities serviced by BNSF and Union Pacific.
The many advantages of a Channahon location include:
•	 Just 45 miles southwest of Chicago’s Loop
•	 Within an hour’s drive of both O’Hare and Midway Airports
•	 Served by Interstates 80 and 55, with interchanges at I-80 and I-55, I-55 and Route 6, and
I-55 and Bluff Road
•	 Adjacent to the Illinois
Waterway System
•	 Freight rail connec-
tions to local and
regional carriers
•	 Award winning park
districts, school dis-
tricts, and Top 100
golf courses
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •10•
Please do not disturb employees
Property Overview
The Channahon Town Center, located at Route 6 and Bluff Road, is designed to provide
for an active, well-rounded, attractive and flexible village core. It is intended to be the vi-
brant heart of the community.
Its master plan includes shops and parks, offices and entertainment, a government center,
and a church and school. In addition, the plan includes a variety of housing types. The
new Channahon Municipal Center is located within the Town Center. The newly construct-
ed Navajo Drive extends south from Cherokee Ridge subdivision through the Town Center
to Route 6/Bluff Road.
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •11•
Please do not disturb employees
LOCATION MAPS
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •12•
Please do not disturb employees
LOCATION AERIALS
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •13•
Please do not disturb employees
Confidentiality Agreement
This Confidentiality Agreement (“Agreement”) is made as of the _________ day of _________________________,
2014 by NATIONAL GOLF & MARINA PROPERTIES GROUP of Coldwell Banker Commercial NRT and
___________________________________________ (“Recipient”).
	 WHEREAS, Owner is the owner of the Property known as Big Basin Marina (the “Property”) and Re-
cipient is a party interested in purchasing the Property from Owner (“Owner”), or Recipient is an advisor represent-
ing a party that has expressed interest in purchasing the Property from Owner (an “Interested Party”);
	 WHEREAS, in order to evaluate the possible sale of the Property, Recipient has requested access to cer-
tain confidential and proprietary information the unauthorized release of which could cause serious harm to Owner;
and
	 WHEREAS, Owner is willing to provide such information if it has adequate assurances that the information
will be kept confidential;
	 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Recipient agrees as follows:
	 1. 	 Recipient acknowledges that all documents, analyses, records, statements, etc. (the “Confidential
Information”) provided by Owner or its broker, National Golf & Marina Properties Group of Coldwell Banker Com-
mercial NRT (“Owner’s Broker”) are confidential and proprietary to Owner. The term Confidential Information does
not include information that (i) is already in Recipient’s possession (other than information previously furnished to
Recipient by Owner or its agents), provided that such information is not known by Recipient to be subject to anoth-
er agreement or obligation of confidentiality, or (ii) becomes generally available to the public other than as a result
of a disclosure by Recipient or those to whom Recipient has provided Confidential Information (Confidential Infor-
mation shall not be deemed to be generally available to the public or in the public domain merely because any part
of any Confidential Information is embodied in general disclosures or because individual features, components,
or combinations thereof are now known or become known to the public), or (iii) becomes available to Recipient on
a non-confidential basis from a source other than Owner or its agents or advisors, provided that such source is
not known by Recipient to be bound by an agreement or other obligation of confidentiality. Recipient shall keep all
such information confidential and shall not, except as may be required by law, regulation or legal process binding
upon Recipient, disclose, summarize or otherwise provide any or all of the Confidential Information in any manner
without the prior written authorization of Owner, except as otherwise set forth in this Agreement. Recipient may dis-
close the Confidential Information to the Interested Party, provided such Interested Party has previously executed
and delivered to Owner a confidentiality agreement in the form of this Agreement. Recipient shall not photocopy or
reproduce the Confidential Information in any manner.
2. 	 Recipient may use any or all of the Confidential Information only for the purpose of its analysis of the pos-
sible purchase of the Property. If Recipient is an Interested Party, it may summarize any or all of the Confidential In-
formation only in that connection. Recipient shall not use any of the Confidential Information for any other purpose.
3. 	 On a “need-to-know” basis only and solely for the purposes of assisting Recipient in evaluating the pur-
chase of the Property, Recipient may disclose, summarize or otherwise provide any portion of the Confidential
Information (1) to Recipient’s partners and employees, and (2) if Recipient is an Interested Party, also to its ac-
countants, potential lenders, lawyers, agents and other advisors. In either event, Recipient shall give a copy of this
Agreement to all persons to whom it gives access to the Confidential Information and shall inform all such persons
that the Confidential Information is confidential and proprietary to Owner, and the Confidential Information must
be maintained as confidential, and that none of the Confidential Information may be disclosed without prior written
authorization by Owner.
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •14•
Please do not disturb employees
CONFIDENTIALITY AGREEMENT
	 4.	 If the Property is not sold to Recipient’s Interested Party, Recipient shall promptly return to Owner
all Confidential Information it received at Owner’s or Owner’s Broker’s request. If Recipient is an Interested Party
and Recipient determines that it is not interested in purchasing the Property, Recipient shall promptly return to
Owner all Confidential Information it received at Owner’s or Owner’s Broker’s request.
	 5. 	 Owner and Owner’s Broker make no representation or warranty about the accuracy or complete-
ness of any Confidential Information. Recipient releases and holds Owner and Owner’s Broker harmless from and
against any loss or damage Recipient may sustain due to its reliance on any of the Confidential Information. If
Recipient is an Interested Party, the provisions of this Agreement shall not be amended, merged into or otherwise
modified by any subsequent agreement entered into between Recipient and Owner or any instrument executed by
Owner for Recipient’s benefit unless such agreement or instrument expressly states so.
6.	 If any party believes that the unauthorized disclosure of any or all of the Confidential Information is likely
to occur, Recipient shall take all reasonable measures, and shall support any reasonable measures by Owner, to
prevent such disclosure. If an unauthorized disclosure of any or all of the Confidential Information has occurred,
Recipient shall not interfere with any effort by Owner to pursue legal and equitable remedies available in result of
the unauthorized disclosure.
7. It is understood and acknowledged that unauthorized release of any or all of the Confidential Information would
cause immediate and irreparable harm to Owner that could not be repaired and for which Owner could not be
fully compensated by money damages. Recipient agrees that Owner may obtain injunctive relief to prevent or limit
such unauthorized disclosure, and may also pursue any other remedies available under law or equity in result of
an alleged or reasonably anticipated breach of this Agreement. Recipient agrees to pay any damages incurred by
Owner as a result of Recipient’s breach of this Agreement, including but not limited to court costs and reasonable
attorneys’ fees.
8. 	 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia,
without regard to principles of choice of law or conflicts of law. This Agreement shall be binding upon Recipient’s
successors and assigns, and shall inure to the benefit of Owner’s successors and assigns. This Agreement shall
terminate as of the date that is one year from the date Recipient returns the Confidential Information to Owner as
required in Section 4 of this Agreement.
RECIPIENT:
Company: ________________________________ 	 Title:	 ______________________________
Signature: ________________________________ 	 E-mail: ______________________________
Print Name: ________________________________ 	 Phone: _____________________________
Return immediately to eddy@nationalgolfandmarina.com or valerie@nationalgolfandmarina.com
Big Basin Marina | Confidential Offering Memorandum
National golf & marina properties group | www.nationalgolfandmarina.com
of Coldwell Banker Commercial NRT •15•
Please do not disturb employees
Contact Information
To submit an offer please contact us.
Exclusive Agent:
Eddy A. Dingman
Marina/Business Broker
+ 847 987 6626 Direct
+ 781 810 9653 Fax
eddy@nationalgolfandmarina.com
Valerie R. Rivera
Marina Broker Associate
+ 847 313 4620 Direct
+ 781 609 4679 Fax
valerie@nationalgolfandmarina.com
www.nationalgolfandmarina.com
National Golf & Marina Properties Group of Coldwell Banker Commercial NRT
2215 Sanders Road, Suite 350 | Northbrook, Illinois 60062

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BigBasin Marina, email

  • 1. Big Basin MarinaChannahon, IL Confidential Offering Memorandum Please Do Not Disturb Employees Exclusively Listed By: Eddy A. Dingman Real Estate/Marina Business Broker National Golf & Marina Properties Group of Coldwell Banker Commercial NRT + 847 987 6626 Direct + 781 810 9653 Fax eddy@nationalgolfandmarina.com
  • 2. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com Please do not disturb employees Disclaimer Statement This offering has been prepared solely for informational purposes. It is designed to assist a po- tential investor in determining whether it wishes to proceed with an in-depth investigation of the subject property. While the information contained herein is from sources deemed reliable, it has not been independently verified by the National Golf and Marina Properties Group of Coldwell Banker Commercial NRT or by the Seller. This document is provided subject to errors, omissions and changes in the information and is subject to modification or withdrawal. The contents herein are confidential and are not to be repro- duced without the express written consent of National Golf nad Marina Properties Group of Cold- well Banker Commercial NRT.
  • 3. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com Please do not disturb employees Table of Contents Executive Summary THE OFFERING...................................................................1 property overview PROPERTY DETAILS..........................................................2 PHOTOGRAPHS..................................................................4 location overview CHANNAHON, ILLINOIS......................................................9 LOCATION MAPS.............................................................. 11 LOCATION AERIALS..........................................................12 Conclusion CONFIDENTIALITY AGREEMENT.....................................13 CONTACT INFORMATION.................................................15
  • 4. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •1• Please do not disturb employees The Big Basin Marina is a unique property located 40 miles south of Chicago in Chan- nahon, Illinois. It is adjacent to I-55 and two miles south of I-80 on the Des Plaines River at the Bluff Road exit. Property is being offered at $2,900,000. It is located on the Illinois Waterway with ac- cess from Lake Michigan to the Gulf. This full service marina has enjoyed 100% occupancy for 14 years, with boat registrations in the area increasing 28% since 2008. Big Basin Marina Channahon, Illinois
  • 5. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •2• Please do not disturb employees Land Size: 15.191 acres Travel Lift: 20 ton Building(s): Five total buildings* Launch Ramp(s): Three (3) Boat Storage: 3,040 SF building Boat Slips: 137 w/ water/electric hookup Repair Shop: 2,750 SF building Watercraft Slips: 12 Storage: 50’ x 160’ steel building** Frontage: 400’ Des Plaines River Frontage (becomes Illinois River 5 miles down) Occupancy: 100% for 14 years Harbors: 2 Protected Harbors Fuel Service: One 2,500 gallon tank Sanitation: Edson Pump out System Miscellaneous: Majority of docks are ten years old and have vinyl decking and galvanized truss frames Automated Cale MP104 Launch system 90 Jack Stands Office equipment 1 Club Golf Cart / 1 EZ-Go Cart (Gasoline) Coin operated washer & dryer * Buildings include main office, lounge, storage, repair, apartment - see descriptions on following page ** Storage building has 32 mini-storage units (10’ x 25’) Property Overview
  • 6. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •3• Please do not disturb employees Building #1 - 8,000 SF steel, mini-stoage building (50’ x 160’) with 32 overhead doors for small boat storage (10’ x 25’ each). Condition and utility is good. Building #2 - Dan’s Marina Ser- vice, 2,750 SF steel repair shop building with some heat, a smal loffice area and an overhead door. This building is identifies as “Steve’s Repair” and is described as in good condition. Building #3 - 3,040 SF (30.4’ x 100’) cold storage pole building with steel siding and a concrete floow. Usage is for boat storage only. Building #4 - 4,466 SF (44’ x 80’) steel building with a partial second floor apartment area and attached 22’ x 43’ storage shed. The main floor contains an of- fice area, laundry room, two re- strooms (two showers), furnace, and a rear boat storage area. The office area has a wall heater and the upstairs apartment has gas FHA, a fireplace, and a 200 SF enclosed wood deck. The apartment unit has a kitchen, liv- ing room, bedroom and bath. The building is in fair condition. Building #5 - 1,800 SF pole building with wood siding that has a bar/lounge interior finish and a 12’ wide deck on three sides and out towards the water. The interior has hardwood floors, paneled walls, a central HVAC zoned system, 200 amp service, two restrooms and a pool room wing. There is a 60 SF walk-in cooler in the bar area and another outside for seasonal usage. Building is protected by an alarm system. Building is identified as “Mugz Hideout” and has docking facili- ties on the river. Other Improvements - The 137 full service, pipe or wood post slips with metal or wood decks and hook ups for electric/wa- ter. Road access along the west boundary line of subject site. Ad- ditional improvements are well, septic, gravel, asphalt paving and yard lighting. In 2013, a pavillion was added for boaters with as- phalt paving. The subject property is improved with five major building improvements varying construction grades, potential use and effective age.
  • 7. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •4• Please do not disturb employees
  • 8. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •5• Please do not disturb employees
  • 9. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •6• Please do not disturb employees
  • 10. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •7• Please do not disturb employees
  • 11. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •8• Please do not disturb employees
  • 12. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •9• Please do not disturb employees Property Overview The Village of Channahon is strategically located on the banks of the Des Plaines River and at the crossroads of I-55 and I-80. Since 2000, the Village population has grown by more than 70% to nearly 13,000. The area boasts median income of $86,326. Despite this rapid growth, there is still ample opportunity for commercial development in Chan- nahon. Channahon residents desire a wider range of retail uses, service providers and dining options within the Village. In addition to commercial opportunities, the Village’s strategic position within the region makes it a desirable location for industrial uses and regional attractions. Four Class I railroads traverse the area and Channahon is directly served by the CSX and CN railroads. The Village is also in close proximity to the new CenterPoint Intermodal facilities serviced by BNSF and Union Pacific. The many advantages of a Channahon location include: • Just 45 miles southwest of Chicago’s Loop • Within an hour’s drive of both O’Hare and Midway Airports • Served by Interstates 80 and 55, with interchanges at I-80 and I-55, I-55 and Route 6, and I-55 and Bluff Road • Adjacent to the Illinois Waterway System • Freight rail connec- tions to local and regional carriers • Award winning park districts, school dis- tricts, and Top 100 golf courses
  • 13. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •10• Please do not disturb employees Property Overview The Channahon Town Center, located at Route 6 and Bluff Road, is designed to provide for an active, well-rounded, attractive and flexible village core. It is intended to be the vi- brant heart of the community. Its master plan includes shops and parks, offices and entertainment, a government center, and a church and school. In addition, the plan includes a variety of housing types. The new Channahon Municipal Center is located within the Town Center. The newly construct- ed Navajo Drive extends south from Cherokee Ridge subdivision through the Town Center to Route 6/Bluff Road.
  • 14. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •11• Please do not disturb employees LOCATION MAPS
  • 15. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •12• Please do not disturb employees LOCATION AERIALS
  • 16. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •13• Please do not disturb employees Confidentiality Agreement This Confidentiality Agreement (“Agreement”) is made as of the _________ day of _________________________, 2014 by NATIONAL GOLF & MARINA PROPERTIES GROUP of Coldwell Banker Commercial NRT and ___________________________________________ (“Recipient”). WHEREAS, Owner is the owner of the Property known as Big Basin Marina (the “Property”) and Re- cipient is a party interested in purchasing the Property from Owner (“Owner”), or Recipient is an advisor represent- ing a party that has expressed interest in purchasing the Property from Owner (an “Interested Party”); WHEREAS, in order to evaluate the possible sale of the Property, Recipient has requested access to cer- tain confidential and proprietary information the unauthorized release of which could cause serious harm to Owner; and WHEREAS, Owner is willing to provide such information if it has adequate assurances that the information will be kept confidential; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Recipient agrees as follows: 1. Recipient acknowledges that all documents, analyses, records, statements, etc. (the “Confidential Information”) provided by Owner or its broker, National Golf & Marina Properties Group of Coldwell Banker Com- mercial NRT (“Owner’s Broker”) are confidential and proprietary to Owner. The term Confidential Information does not include information that (i) is already in Recipient’s possession (other than information previously furnished to Recipient by Owner or its agents), provided that such information is not known by Recipient to be subject to anoth- er agreement or obligation of confidentiality, or (ii) becomes generally available to the public other than as a result of a disclosure by Recipient or those to whom Recipient has provided Confidential Information (Confidential Infor- mation shall not be deemed to be generally available to the public or in the public domain merely because any part of any Confidential Information is embodied in general disclosures or because individual features, components, or combinations thereof are now known or become known to the public), or (iii) becomes available to Recipient on a non-confidential basis from a source other than Owner or its agents or advisors, provided that such source is not known by Recipient to be bound by an agreement or other obligation of confidentiality. Recipient shall keep all such information confidential and shall not, except as may be required by law, regulation or legal process binding upon Recipient, disclose, summarize or otherwise provide any or all of the Confidential Information in any manner without the prior written authorization of Owner, except as otherwise set forth in this Agreement. Recipient may dis- close the Confidential Information to the Interested Party, provided such Interested Party has previously executed and delivered to Owner a confidentiality agreement in the form of this Agreement. Recipient shall not photocopy or reproduce the Confidential Information in any manner. 2. Recipient may use any or all of the Confidential Information only for the purpose of its analysis of the pos- sible purchase of the Property. If Recipient is an Interested Party, it may summarize any or all of the Confidential In- formation only in that connection. Recipient shall not use any of the Confidential Information for any other purpose. 3. On a “need-to-know” basis only and solely for the purposes of assisting Recipient in evaluating the pur- chase of the Property, Recipient may disclose, summarize or otherwise provide any portion of the Confidential Information (1) to Recipient’s partners and employees, and (2) if Recipient is an Interested Party, also to its ac- countants, potential lenders, lawyers, agents and other advisors. In either event, Recipient shall give a copy of this Agreement to all persons to whom it gives access to the Confidential Information and shall inform all such persons that the Confidential Information is confidential and proprietary to Owner, and the Confidential Information must be maintained as confidential, and that none of the Confidential Information may be disclosed without prior written authorization by Owner.
  • 17. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •14• Please do not disturb employees CONFIDENTIALITY AGREEMENT 4. If the Property is not sold to Recipient’s Interested Party, Recipient shall promptly return to Owner all Confidential Information it received at Owner’s or Owner’s Broker’s request. If Recipient is an Interested Party and Recipient determines that it is not interested in purchasing the Property, Recipient shall promptly return to Owner all Confidential Information it received at Owner’s or Owner’s Broker’s request. 5. Owner and Owner’s Broker make no representation or warranty about the accuracy or complete- ness of any Confidential Information. Recipient releases and holds Owner and Owner’s Broker harmless from and against any loss or damage Recipient may sustain due to its reliance on any of the Confidential Information. If Recipient is an Interested Party, the provisions of this Agreement shall not be amended, merged into or otherwise modified by any subsequent agreement entered into between Recipient and Owner or any instrument executed by Owner for Recipient’s benefit unless such agreement or instrument expressly states so. 6. If any party believes that the unauthorized disclosure of any or all of the Confidential Information is likely to occur, Recipient shall take all reasonable measures, and shall support any reasonable measures by Owner, to prevent such disclosure. If an unauthorized disclosure of any or all of the Confidential Information has occurred, Recipient shall not interfere with any effort by Owner to pursue legal and equitable remedies available in result of the unauthorized disclosure. 7. It is understood and acknowledged that unauthorized release of any or all of the Confidential Information would cause immediate and irreparable harm to Owner that could not be repaired and for which Owner could not be fully compensated by money damages. Recipient agrees that Owner may obtain injunctive relief to prevent or limit such unauthorized disclosure, and may also pursue any other remedies available under law or equity in result of an alleged or reasonably anticipated breach of this Agreement. Recipient agrees to pay any damages incurred by Owner as a result of Recipient’s breach of this Agreement, including but not limited to court costs and reasonable attorneys’ fees. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of choice of law or conflicts of law. This Agreement shall be binding upon Recipient’s successors and assigns, and shall inure to the benefit of Owner’s successors and assigns. This Agreement shall terminate as of the date that is one year from the date Recipient returns the Confidential Information to Owner as required in Section 4 of this Agreement. RECIPIENT: Company: ________________________________ Title: ______________________________ Signature: ________________________________ E-mail: ______________________________ Print Name: ________________________________ Phone: _____________________________ Return immediately to eddy@nationalgolfandmarina.com or valerie@nationalgolfandmarina.com
  • 18. Big Basin Marina | Confidential Offering Memorandum National golf & marina properties group | www.nationalgolfandmarina.com of Coldwell Banker Commercial NRT •15• Please do not disturb employees Contact Information To submit an offer please contact us. Exclusive Agent: Eddy A. Dingman Marina/Business Broker + 847 987 6626 Direct + 781 810 9653 Fax eddy@nationalgolfandmarina.com Valerie R. Rivera Marina Broker Associate + 847 313 4620 Direct + 781 609 4679 Fax valerie@nationalgolfandmarina.com www.nationalgolfandmarina.com National Golf & Marina Properties Group of Coldwell Banker Commercial NRT 2215 Sanders Road, Suite 350 | Northbrook, Illinois 60062