RESOLUTION CLASS 6(B) REAL ESTATE TAX INCENTIVE FOR THE BENEFIT OF | BERKSHIRE REFRIGERATED WAREHOUSING, LLC, AN ILLINOIS LIMITED LIABILITY
COMPANY, AND REAL ESTATE LOCATED GENERALLY AT 4550 SOUTH PACKERS AVENUE IN CHICAGO, ILLINOIS PURSUANT TO COOK COUNTY, ILLINOIS REAL PROPERTY ASSESSMENT CLASSIFICATION ORDINANCE
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Real Property Assessment Classification Ordinance, as amended|from time to time (the "Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used primarily for industrial purposes; and
WHEREAS, the City of Chicago (the "City"), consistent with the Ordinance, wishes to induce industry to locate and expand in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, Berkshire Refrigerated Warehousing, LLC, an Illinois limited liability company (the "Applicant'), is sole lessee of certain real estate located generally at 4550 South Packers Avenue, Chicago, Illinois 60609, as further described on Exhibit A hereto (the "Subject Property"); and
WHEREAS, the Subject Property is owned by Standard Bank and Trust Company as Trustee under Trust dated November 4, 2002 and known as trust number 17496 by quitclaim deed (the "Owner"), the sole beneficiary of Owner is Paul R. Napleton, who also has a 99%
interest in the Applicant, and the Subject Property is leased by the pursuant to a lease agreement dated November 21, 2002; and
Owner to the Applicant
WHEREAS, the Applicant currently operates a 132,000 square foot industrial facility (the "Facility") also located at 4550 South Packers Avenue, Chicago, Illinois 60609; and
WHEREAS, the Applicant intends to construct an approxi Jately 32,362 square foot addition to the Facility located on the Subject Property; and
WHEREAS, the Applicant has filed with the Office of the Assessor of Cook County (the "Assessor") an eligibility application for a Class 6(b) tax incentive under the Ordinance; and
WHEREAS, the Subject Property is located within (i) the Chicago Empowerment Zone (created pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66)), (ii) the City of Chicago Enterprise Zone No. 2 (created pursuant to the Illinois Enterprise Zone Act, 20 ILCS 665/1 et seq., as amended, and pursuant to an ordinance enacted by the City Council of the City, as amended), and (iii) the 47th/Ashland Redevelopment Project Area (created pursuant to the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et. sea, as amended, and pursuant to an ordinance enacted by the City Council of the City), and the purposes of the Chicago Empowerment Zone, Enterprise Zones and
Redevelopment Project Areas are also to provide certain incentives in order to stimulate economic activity and to revitalize depressed areas; and
WHEREAS, it is the responsibility of the Assessor to determine that an application for a Class 6(b) classification or renewal of a Class 6(b) classification is eligible pursuant to the Ordinance; and
WHEREAS, the Ordinance requires that, in connection with the filing of a Class 6(b) eligibility application with the Assessor, the applicant must obtain from the municipality in which such real estate that is proposed for Class 6(b) designation is located a resolution expressly stating that the municipality has determined that the incentive provided by Class 6(b) is necessary for development to occur on such real estate and that the municipality supports and consents to the Class 6(b) classification by the Assessor; and
WHEREAS, the intended use of the Subject Property will provide significant present and future employment; and
WHEREAS, notwithstanding the Class 6(b) status of the Subject Property, the redevelopment and utilization thereof will generate significant newj revenues to the City in the form of additional real estate taxes and other tax revenues; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: That the City determines that the incentive provided by Class 6(b) is necessary for the development to occur on the Subject Property.
SECTION 2: That the City supports and consents to the Class 6(b) classification by the Assessor with respect to the Subject Property.
SECTION 3: That the Clerk of the City of Chicago is authorized to and shall send a certified copy of this resolution to the Office of the Cook County Assessor, Room 312, County Building, Chicago, Illinois 60602 and a certified copy of this resolution may be included with the Class 6(b) eligibility application filed with the Assessor by the Applicant, as applicant, in accordance with the Ordinance.
SECTION 4:
approval.
That this resolution shall be effective immediately upon its passage and
Honorable Pat Dowell Alderman, 3rd Ward
EXHIBIT A
Legal Description of Subject Property:
J. D. LEHMERS SUB OF SE% SW%
PRT N & E OF LN COM AT A PT IN E LN 220FT S OF NE COR " PARL WITH N LN 44.67FT TH NWLY 193.06FT TO A PT 55.06F N LN & 145FT W OF E LN TH N 55.06FT TO N LN WY2 PACKERS AVE E & ADJ N 220FT & SQD OUT
H W S OF
J.D. LEHMERS SUB
E PRT BNG 307.1 FT ON N LN & 197.4FT ON S LN 30FT PRIVATE ALLEY N & ADJ & EXT E 17FT W 17FT PACKERS AVE E& ADJ
Permanent Real Estate Tax Index Numbers (PINS) for the Sub.
20-05-311-006 20-05-311-013
ect Property:
CITY OF CHICAGO
ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
1. &<| the Applicant
or ■■ ■ ■'; ■'" .
2. [ ] a legal entity holding a direct or indirect interest m .the AppUcant: State the legal name of Applicant in which the Disclosing Party holds an interest: = .■■.>■' ; : . . . . . . .
OR ; V'"; '■" . .; ■ ■ ■ y - ■
3. [] a legal entity with a right of control (see Section II.B.l.) Stale the legal name of the entity in which the Disclosing Party holds a right of control: -: ,
B. Business address of the Disclosing Party:
C. Telephone: 77 ^^/V^^/Fax: 77/^/y^f/^ Email: ^/^J^C^ CofA.
D. Name of contact person: "*7^> & ■ (dff iZ-Z-yuJ AO*'
E. Federal Employer Identification No. (if you have one);
1. ■ t ;: .
F. Brief description of contracts transaction or other undertaking (referred to below as. the "Matter") to which, this EDS pertains. (Include project number and locati^
Cc^Ats G>> hut. A)&«j> C-o*->s ne,o^-rtaA #r Mitt $. fAc,K.&x-s duai-p.
G. Which.City agency or department is requesting this 6DS?_v ^^^Vt^t^ fi^f^^^J'
If the Matter is a contract being handled by the City's! Department of Procurement Services, please complete the following: ■; /
Specification # . . . ._- ■ and Contract # .■ .;'_' _
Ver. 09-fll-lO
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interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
P*oc f£ tiAfunb** 6^'^)0Sing ?arty_9?%
SECTION m BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes M No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Parly is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll,
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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2. The Disclosing Party and, if the Disclosing Partyjis a legal entity, all of those persons or entities identified in Section 1I.B.1. of this EDS: j
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a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unlit of government;
b. have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federah state or local) transaction or contract under a public transaction; a violation ofj federal or stale antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsificatidn or destruction of records; making false statements; or receiving stolen property; '
c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
d. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
3. The certifications in subparts 3,4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited fo all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Othjer ketained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity imeans a person or entity that directiy or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the-above statements.
C. CERTIFICATION OF STATUS AS FINANCIAL jINSTITUTION
1. The Disclosing Party certifies that the Disclosing Party (check one) [ ] is fyfis not ; j
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a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
2. If the Disclosing Parry IS a financial institution,; then the Disclosing Party pledges:
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"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender inay result in the loss of the privilege of doing business with the City." ■
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes (#No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
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SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of thfe City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary): _>U QA>0_
-;-^-.-:-
(If no explanation appears or begins on the linejj above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act o!f 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will hot expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
3. The Disclosing Party will submit an updated; certification at the end of each calendar quarter in which there occurs any event that materially affectsjthe accuracy of the statements and information set forth in paragraphs A. 1. and A.2. above. j
4. The Disclosing Party certifies that either; (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
5. If the Disclosing Party is the Applicant, |he pisclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
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Sedgwick St, Suite 500, Chicago, IL 60610, (|l2) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
C. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with, which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedied under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may i iclude incarceration and an award to the City of treble damages.
D. It is the City's policy to make this document \ available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS] the Disclosing Party waives and releases any possible rights or claims which it may have against the (pity in connection with the public release of information contained in this EDS and also authorizes the Cjjify to verify the accuracy of any information submitted in this EDS.
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E. The information provided in this EDS must he kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time jthe City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
F. 1. The Disclosing Party is not delinquent inl the .payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing {Party or its Affiliated Entities delinquent in paying any fine,fee, tax or other charge owed to the City, jrhis includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
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F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. EJ?.A. on the federal Excluded Parties List System ("EPLS") maintained by the' U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. abojVe and will not, without the prior written consent of the City, use any such contractor/subcontractor that,does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
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II
CITV OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
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FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a);the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7f5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant
Under Municipal Code Section 2-154-015, the 1 tf sclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currendy has a "familial relationship" with any elected city official or department head. A ''familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Parry" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department! head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-irjj-law, mother-in-law, son-in-law, daughter-in-law, stepfather
or stepmother, stepson or stepdaughter, stepbrotherj or stepsister or half-brother or half-sister.
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"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section ELB. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company, (2) all principal officers j>f the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority. ■
Does the Disclosing Party or any "Applicable Pajrty" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [VfNo
r
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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