COMMERCIAL ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) ofthe 1970 constitution ofthe State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the properties at 177-189 N. Ogden Avenue, 170-182 N. Loomis Street, and 165-183 N. Loomis Street are owned by FirstMerit Bank NA. Land Trust 05-1-8368 (successor trustee to Midwest Bank and Trust Company), all other owners have quit claimed their interests to FirstMerit Bank N.A. Land Trust 05-1-8368; and
WHEREAS, FirstMerit Bank N.A. Land Trust 05-1-8368 proposes to use the portion ofthe street and adjacent alley to be vacated herein for additional Moretti's Restaurant parking; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of part of public street and adjacent alley, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. THE VACATION OF: THAT PART OF THE EAST-WEST 10 FOOT WIDE PUBLIC ALLEY LYING NORTH OF AND ADJOINING LOT 24 IN BLOCK 1 OF UNION PARK ADDITION TO CHICAGO, A SUBDIVISION OF LOTS 5 AND 6 IN CIRCUIT COURT PARTITION OF THE SOUTHWEST QUARTER OF SECTION
- TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN (RECORDED MARCH 20, 1854, ANTE-FIRE), LYING EASTERLY OF THE SOUTHEASTERLY LINE OF OGDEN AVENUE, AND LYING WEST OF THE WEST LINE OF N. LOOMIS STREET;
TOGETHER WITH THE VACATION OF:
THAT PART OF N. LOOMIS STREET LYING NORTH OF THAT PART OF HERETOFORE VACATED N. LOOMIS STREET (43.00 FEET IN WIDTH), VACATED BY DOCUMENT NO. 97071986, BEING ALSO NORTH OF A LINE 145.26 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF W. RANDOLPH STREET, AS WIDENED, BY ORDER OF POSSESSION ENTERED BY THE COUNTY COURT OF COOK COUNTY, STATE OF ILLINOIS, ON FEBRUARY
- 1945 AS DOCKET NO. 43426, AND LYING SOUTH OF THE SOUTH LINE OF W. LAKE STREET; IN COOK COUNTY, ILLINOIS as shaded and legally described by the words "HEREBY VACATED" on the Plat hereto attached as Exhibit A, which Plat for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacations.
SECTION 2. The City of Chicago hereby reserves the alley and street as herein vacated, as a right of way for an existing Water Department main and appurtenances thereto, and for the installation of any additional water mains and appurtenances which in the future may located in the
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alley and street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected on the said right of way herein reserved or other use made of said area, which in the judgment of the municipal officials having control of the aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction ofsaid facilities, or the construction of additional municipally-owned service facilities. It is further provided that any vacation-beneficiary prompted adjustments to water facilities in the area to be vacated; and the repair, renewal or replacement of any private materials, or private property damaged in the area to be vacated as a result of the City exercising its easement rights shall be done at the beneficiary's expense.
SECTION 3. The City of Chicago hereby reserves the area herein vacated, as a right of way for existing Water Department sewers and sewer structures, for the installation of any additional sewers, sewer structures and appurtenances now located or, which in the future, and be located in the alley and street as herein vacated, and for the maintenance, renewal and reconstruction of such facilities. It is also provided that, the City shall have 24 hour access to the area to be vacated; that no buildings or other permanent structures shall be erected on said right of way herein reserved, or other use made of said area, which in the sole discretion and judgment ofthe respective municipal officials having control ofthe aforesaid service facilities, would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities; and that all sewers structures shall be exposed to grade. It is further provided that any vacation-beneficiary prompted adjustments to sewer facilities in the area to be vacated; and the repair, renewal or replacement of any private materials, or private property damaged in the area to be vacated as a result of the City exercising its easement rights shall be done at the expense of the beneficiary of the vacation.
SECTION 4. Peoples Gas The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Co. an easement to operate, maintain, repair, renew and replace existing underground facilities and to construct new facilities in all of the "to be vacated" with the right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Co. or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal, or replacement of said facilities, or the construction of additional facilities. Any future vacation-beneficiary prompted relocation of Peoples Gas facilities lying within the area being vacated will be accomplished by Peoples Gas, and done at the expense of beneficiary of the vacation.
SECTION 5. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and AT&T Illinois/ SBC, and their successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the alley and street herein vacated, with the right of ingress and egress. The grade ofthe vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison or and AT&T Illinois/ SBC facilities. No buildings, permanent structures or obstructions shall be placed over Commonwealth Edison or AT&T Illinois/ SBC facilities without written release of easement by Commonwealth Edison or AT&T Illinois/ SBC. Any future vacation-beneficiary prompted relocation of Commonwealth Edison or AT&T Illinois/ SBC facilities lying within the area
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being vacated will be accomplished by Commonwealth Edison or AT&T / SBC and done at the expense of beneficiary of the vacation.
SECTION 6. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, FirstMerit Bank N.A. Land Trust 05-1-8368 or its agent shall deposit in the City Treasury of the City of Chicago, a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb at the entrance to that part of the public alley and street hereby vacated, similar to the adjacent and contiguous sidewalk and curb.
SECTION 7. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, FirstMerit Bank N.A. Land Trust 05-1-8368 shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to ltn£_owner of the. property abutting .said part | of public street hereby vacated the sum
),
which sum in the judgment of this body will be equal to such benefits.
SECTION 8. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the applicant shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with its attached drawing approved by the Superintendent of Maps and Plats; and an oversized plat ofthe area being vacated.
SECTION 9. This ordinance shall take effect and be in force from and after its passage. The vacation shall take effect and be in force from and after its recording.
Vacation Approved:
Rebekah Scheinfeld Commissioner of Transportation
Honorable Walter Burnett Alderman, 27th Ward
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GRAPHIC SCALE
EXHIBIT "A'
FitM*TJ @I"J WAG&fVEOWB
THAT PART OF THE EAST-WEST 10 FOOT WIDE PUBLIC ALLEY LYING NORTH OF AND ADJOINING LOT 24 IN BLOCK 1 OF UNION PARK ADDITION TO CHICAGO, A SUBDIVISION OF LOTS 5 AND 6 IN CIRCUIT COURT PARTITION OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN (RECORDED MARCH 20, 1854, ANTE-FIRE), LYING EASTERLY OF THE SOUTHEASTERLY LINE OF OGDEN AVENUE, AND LYING WEST OF THE WEST LINE OF N. LOOMIS STREET; TOGETHER WITH
THAT PART OF N. LOOMIS STREET LYING NORTH OF THAT PART OF HERETOFORE VACATED N. LOOMIS STREET (43.00 FEET IN WIDTH), VACATED BY DOCUMENT NO. 97071986, BEING ALSO NORTH OF A LINE 145.26 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF W. RANDOLPH STREET, AS WIDENED, BY ORDER OF POSSESSION ENTERED BY THE COUNTY COURT OF COOK COUNTY, STATE OF ILLINOIS, ON FEBRUARY 9, 1945 AS DOCKET NO. 43426, AND LYING SOUTH OF THE SOUTH LINE OF W. LAKE STREET; IN COOK COUNTY, ILLINOIS.
s minimum
PROPERTY AREA= 9,125 SQ.FT. OR 0.21 ACRES, MORE OR LESS.
RANDbLPH(REC0R0150 FT PUBUC R0W-
yy LAKE i^Srdt^t.publicifiiw.^
TREET>^
CDOT DWG: 08-27-12-359
SURVEY NOTES PLAT OF VACATION PREPARED FOR MarCal PC
REVISED APRIL J ?013 10 51RIP LABEL PER f201J-1735S IBS] REVISED UAflCH 22 2013 CDOT COMMENTS PER |201J-I7335 (BSl
reviseo February 2*. 20U cdot comuents per |20i3-i7*28 [ss] Note R AM denotes Record and Measured distances
Distances are marked in feet and decimal parts thereof
Monumentation or witness points were not set at the clients request
NO dimensions shall be assumed by scale measurement upon this plat
Unless otherwise noted hereon the Bearing Basis, Elevation Datum and Coordinate Datum if used is ASSUMED
respectively
ORDERED BY HifllHO i ASSOC PC |[CHECK£0 ADDRESS :MJff L«E SI CmCMO IL [| *T |
DRAWN |
^ GREMLEY i_BlEOERMANN < 1 PLCS ConroBunow " L>:tnil it III-CM 37; toti* Eutw Awrjf Ciftita ll tOiJO leufhmc u'utn-bie; 'ti (tujiu-mu tnu. itfowus-swm |
m Of |
CfiDERM) 2011-14817-001 |
DATE harch i zon |
PAGE NO 1 OF 1 |
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C.\CA0\?0II\?0H
State of Illinois) County of Cook)ss
Signed on
We. GREMLEY & BIEDERJ surveyed the above drawn is a correct reprej temperature of 62* Fafjjfnheit* Field measurements o
Professional Illinois Land Sur My license expires November 2 This professional service conforms!, standards for a boundary survey
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION X --GENERAL INFORMATION
- Legal name ofthe Disclosing Party, submitting this EDS. Include d/b/a/if applicable:
Midwest Bank and trust Company, Trust Agreement Dated. March 17, 2 005 a7k"a Trust JScu 05-1-83.68 Check ONE ofthe following three bpxest
Indicate whether the Disclosing Party submitting this EDS is:
- fx] the Applicant
OR
- £ ] a legal entity Jhis'ldiiig a direct or -indirect interest in the Applicant. State the legal name of the
Applicant in Which the Disclosing Party holds an interest: . . ;
OR.
3. a Iggalentity with atight of control (see SectipnII.B.1.) State the'legal name ofthe entity in
which tbe^tsicjo^^^1^^0^41 right of control:
- B.usiriess alddxe;ss. ofthe Disclosing Party: c/o Mar-Cal Law .
3310 N. Harlem Ave. Chicago, IL 60634
- Telephone; 773-ft04-9100 Pax: 773-804-9192 Email; lperna@realestatelawoffice.net
p Name of contact person;. Lisa Perna Miller
- Fe&eralEmplqyerIdentificationNo;."(ify0\j"Mve"OTg|T'"N/A
- Brief desGxipfl6 of contract transaction or other undertaking, (referred to below as the; "Matter"-> to >vhich this EDS pertains. (Include project nurnber and location of property, if applicable):
Commercial Street Vacation Application .
- Which Cijy _gien&y pr department is^requesting this EDS? City of Chicago Department of Transportation
.if the Matter is a pohtractbeing handled by the City's Department of Procurement Services, pLease complete the/following:
Specification'# ■ and Contract #
Ver.ai-01-I2
Page 1 of 13
SECTION H - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF T£E DISCLOSING PARTY
1, Indicate the nature pf the DiscIosingParty:
[ j Person [ 3
[] Publicly registered business corporation [ ]
[] Privately held busings corporation []
[ j Sole proprietorship [ 3
[ 3 General partnership (Is
[ ] Limited partnership
fx] Trust □
Limited liability company Limited liability partnership Joint venture
Not-for-profit corporation
the.not-for-profit corporation also a 501(c)(3))?
[ ] Yes { 3 No
Other (please specify)
2. For legal entities, the state, (or foreign country) of incorporation, or organization, if applicable:
N/A : = __.
3 For legal entities not prganized in the Slate, of Illmdis: Has the organization registered to do business in the State of ^Illinoisas a foreign entity?
(JYes; (3 No fx] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
L List below the full names and titles of all executive .officers and all d irectors ofthe entity, NO$E: Fpr-npt*for-prdfit:corp.orations, also rtst:below:all members, If any, whichare legal entities. If there#re.p,o such meinhexs, write "no members." For trusts, estates:or other similar;entities, list below the legal :titlehi(3ldei(s).
If the entity is a geae^al paifeershrp, limited partnership, limited liability- company, limited liability partnership o.r joint venture, :Kst below the name and title/of each general pajther, managing member, manager £r any ptHer persp'tt .Q'i: eiitity thaticontrols the day-to-day management of the Disclosing Party. _rQTlfe Each, legal entity listed belbw must submit-an EDS On its q\vn behalf.
Name Title
Thomas L. Moretti Sr. Beneficiary
2 Please provide the following information concerning each person or entity having a direct ox indirect beneficial interest (including ownership) in excess pf 7,5% ofthe Disclosing Party. Examples of such ap interest include shares in a corporation, partnership interest in.a partnership or joint venture,
Page .2 of 13
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 uo'ne, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code ofGhicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably .intended to achie ve full disclosure.
Name Business Address Percentage Interest in the
1393 W. Lake Street DiscIosing Party
Thomas L. Moretti Sr. Chicago. IL 60607 100%
SECTION.Ill BUSINESS RELATIONSHIPS'WITH CITY ELECTED OFFICIALS
Uas theDrsciowngiPartyhad a "business: relationship,"- as defined in Chapter 2-156 ofthe Municipal Code, with .any City eiected official in.the 12 months before the date this EDS is signe/d?
{] Yes JxTNo
If yes, please identify belowthe napie(s) of such City elected officials) and describe such relatipnship(s');
J_A : -. ,
SECTION XV - pI^<?t.0,S^fi:-Q'FSUBOONJRACTQRS AND OTHER RETAINED PARTIES
The Disclosing Par^rmnst disclose the name and business address of each subcontractor; attorney,,
lobbyis^ accouhtantj consultant and any pthcerpersdnror entity whom the .Disclosing Parry has retained
or-expects.^ (he Matter, a;s well as the nature:of the relationship,.and the total
.^Q\lM.ot^f6&rpsa[A or estimated to be paid. The Disclosing Party is jaof required to: disclose em'plo.yiee.5 w_ib/ate paid solely through the Disclosing Patty's f eguiar payroll.
"Lppbyist"' rne.ans any person or entity who undertakes to influence any legislative or administrative action on behalf of ariy person or. entity other than: (1) a _pt^for-prQfit entity, on ap unpaid basis, or (2) himself. *U#fc^&-$l&ifo^'toypisBon or entity any part pf whose dp ties as ah employee of anqther'mcitfdes. undertaking fd influence any legislative or administrative actipn.
If the Disclosing Pajrry isjtmcert^, whether a.disclosure is required, under mis Section, the Disclosing- Party must either ask the City whether disclosure is required or make the disclosure.
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Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t-b.d." is
3310 N. Harlem Ave not an acceptable response.
Mar-CalLaw r:hinagn ll 60fi34 Attorney $16.000.00 Estimated Fee
(Add sheets if-necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
A. CODJLT-ORDERED CHILD SUPPORT COMPLIANCE
Undec Municipal Code Section 2-92-415, substantial.owners of business entitle? that contract with the City must remain u^ comptVance with their child support obligations throughout the contract's term.,
B, as any person" who directly or.indirectly .owns 10% or more of the Disclosing Party been, declared in
arrearage ,on;any child support obligations by any Illinois court of competent jurisdiction?
[ J Yes (x3 No [ ] No person directly or indirectly owns 16.% or more of the
Discjosirig Party.
If "Yes,", has the person entered Into a court-approved agreement for payment of all support .Owed and is the person in compliance with that agreement?
□"Yes [JNo
B. FURTHER CERTIFICATIONS
1. pursuant to Municipal Code Chapter lr23. Article I ("Article J")(which the Applicant should ppnstiltfor defined terms.(<?.£., "doing business") and legal requirements), if the.Disclosing Party submitting this EDS is the Applicant and is doing business with the.City, then the D isclosmg-Party certifies/as folipws: (i) neither the Applicant nor any cpntrolling person is currently indicted or charged with,,or has. admitted guilt of, Or has-ever been convicted of,:or placed under supervision for, any criminal offense ihyplyihg actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishpnesty pr "deceit .against an Officer or employee of the City orany sister agency; and (ii) the Applicant Understands;ari4 acknowledges that compliance: with Article I is a continuing reguireroent for doing business with the City. NOTE; If Article I applies to the Applicant, the pettnanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications.2 and 3 below.
Page 4 of 13
2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities dehtified in Section H.B. L of this EDS:
- are hot presently debarred, suspended, proposed for. debarment, declared ineligible or voluntarily excluded from any transactions by any federal,, state or local unit of government;
- Thaye hot, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or"ha&.a.civil. judgment rendered against them in connection with: dbtajupipg, attempting to. obtain, or performing a public (federal, state or local) transaction or contract under a public 'trahSajiStioh, a violation of federal or state antitrust statutes; fi^ud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
- are.not presently indicted fox] ot criminally or civilly charged by, a governmental entity (federal, stttte or local) with committing any-of the offenses set forth in clause B.2.b, of this Section V;
- h^vft jjjpk srithitf -*;fiv^-yeaf period preceding -date of this EDS, had one or more public transactions (federal, state ofc local) terminated for cause or-default; and
- have notj witlun^.'fi^ thedate of this EDS, been convicted, £djudge.d
guilty, ot" found. liable ina ciyiiprbcefediiig.^or in any criminal or civil action, including actions
concerning enyifQnm'ental-viela,tiofts, instituted by the City or by the federal government, any
state, or any otherAunit of local gp'yernment.
.3. The/certifications in subparts-3,. 4 arid 5 concern:
-
- any "Goh'trptor*'(meaning:any contractor Pf subcontractor, used by the Disclosing -Party in IcQhn.eetion with the Matter?.includihgbut not limited tp all persons or legal entities-disclosed under Section IV, "D:i$clprs'uro of Subcontractors and Other Retained P-arties");
«any "Affiliated Entity" (meaning;a person or entity -mat, direptly of indirectly: controls the Disclosing PaSry) isxpntrolled by the Disclosing Party, or is, with the Disclosing Party, under -QO9^)b0b]tjC^t^l.^fluia^en:-p^dh or entity. Indicia of control ittciude, without limitation: interlpekutg, mahagethent,6rowhership; identity of interests ^mpn'g family irtemb'ers, shared facilities and eo^.jp/merit£< (M?iftii:dfrit&? of employees; or organization, pf a business entity foltowihgthe ineligibiiity of ajb^usiues'S entity to' do business with federal or state or local.government, including the ■Gity;, usittg stib^t^.tiali^ the.same management ownership, or principals,as the ineligible entity); Withtesp^pt to Gonti^ctors^ tKeterm Affiliated Entity means apersori ox entity that directly or indUrec^opntroIs the ■Cp^a'ctor>is,c.OritrQlle.d by'it, or, with the Contractor, is under common control qf another person Or entity;
- anyxesponsible official of the' Disclosing Party, any Contractor or any Affiliated Entity or "any other official, agenfcor employee.of the Disclosing Party, any Contractor or any Affiliated Entity, apfing:pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or anyAffiliated Entity (collectively: "Agents").
Page 5 of 13
Neither the Disclosing. Party,.nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or. any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity!s contract or engagement in connection with the Matter:
- bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to .bribe,.a public officer^or employee of the City, the State of Illinois, Or any agency of the federal government or of any state or local government ill the United States of America, in that officer's or employee's official capacity;
- agreed or colluded with other bidders or prospective bidders, .or been a.party to any such agreement, or been convicted of. adjudged guilty of agreement or collusion among bidders or prospective bidders,jn restraint of freedom of competition by agreement to bid. a fixed pricfe or otherwise; or.
- made:.ap adiriissiOh of such coriduct-idescrlbed in a. or b. above that is a matter of record, but haVe not been prosecuted for such conduct; or
■<L, violated, the.prpvisiphs of Municipal Code Section.2-92r-610 (Living Wage Ordinance).
- Neither the Disclo^ Entity or Contractor, or any of their employees, officials,
- ageiits or partners, is^srfed fxpiti: contracting with any unit:of state or local government as. a result of
enga^jptig in.or being.pOhyiote^' of ,0).bid-rigging in violationof 720 ILCS 5/33iE-3>r_ (2) bid-TOtatihg in
violation 'of720. ILGS 5/33E-4;.or f3:) any similar offense of any state or of the United States of
America that containsthe same elements %s the offense, of hid-rigging or bid*-xo.tating.
- Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lis ts m^amtained bythe^Office-of Foreign Assets dorctrql ottifc U.S. Department ofthe Treasury or the Bufeau of Industry-and 'Security of the U.S. Department bf'Comraerce.or their,successors: the ■Specially Designated NaribaalsXisti.the^enied'PerspnsList, the Unverified List, the .Entity List-and the Debarred List,.
■6. The'Diselpsing Party .understands and shall comply with', the applicable requiremeuts. of Chapters 2-$'S (legislative Inspector General), 2-56 (Inspector General) and 2-15,6 (Governmental Ethics) of.the Municipal Code:. /
7. If the Disclosing Party, is. unable' to. certify to any of the above-statements in this Part B (Further Ce^$ea^tf^y,-5ffibJ^^olol|M}i|; must explain below:
Page 6 of 13
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.
8. To .'the best of the DiscIosingvParty's .knowledge after reasonable inquiry, tho following is a cpjiijple'teilist of all .current employees of the Disclosing Party who were, at any time during the 12-rnonth period,pred'e'dmgi-trie.executibn date of this EDS, an employee, or elected or appointed official, ofthe City, of Chicago (if none, indicate with "N/A" or "none").
bllA : .
9; To thei best of the. Disciosihg Party's knowledge after reasonable inquiry; the following is a
complete listbf aUgifis th?(tthe Disclosing'Party has given or caused to be given, at any time during the
I-2-rapnth period preceding the execution date Of this EDS, to an employee, or elected pr appointed
official, oTthe City of Gnicagb. For purposes of this statement, a "'gift" does, not include: (I) anything
rpade*generaU>' available to. City employees or to the general public^ pr (ii) food or drink, provided in the
course of ^ ofQc%f City business and having a retail value of less thaq $20 per xe.cipient.(if none, indicate
with "N/A** br''riohef). As to any gift listed below* please also list me name of the City recipient.
N/A
C CERTIFICAttQN OF/STATUS AS FINANCIAL INSTITUTION
1. The; Disclosing. Party-certifies: that the Disclosing Party (check-one)
( ] is |jc] is not
a 'Tiriancialihstitution1' as defined in Section 2-32-455(b) pf the Municipal Code.
% If .the Disclosing Party. IS a financial institution; rhenthe Disclosing Party pledges:
"We are not &pd. wiU hotbecome* predatory lender as defined in Chapter 2-32 of the Municipal Code; ^$$^&j#^&fhft none, of ©unaffiliates is; and none of them will become, a predatory lender'as; d^finJe^ fa Ch^ier.2^32 pf the Municipal Code. We understand that becoming a predatory lend^r-Qr^^o^ng^-i^lBBiaje" of aprcdatdry lender may result in the loss of tiie privilege: of doing business with the: City."
If the Disclosing Party isunabh? to make this pledge because it or any of its affiliates (as defined in
Section 2-r32-455(b) of the Municipal Code) is a predatory lender within the rneaning of Chapter
2r32 of the- Municipal Code, explain here (attach additional pages if necessary):
jm '
Page 7 of 13
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 ofthe Municipal Code have the same meanings when used in this Part D.
1. In accordance with Section 2-156-11Q of the Municipal Code: Does any official or employee of the City have a. financial interestin his or her own name Or in the name of any other person or entity in the Matter?
;[ ] Yes $ No
NOTE: If youchecked "Yes" to Item D.l.j proceed toltems D.2. and D.3. If you checked "No" to .Item D.L, proceed to Part E.
i. Unless .soldpursuarit tb a process of competitive bidding, or otherwise permitted, no City . elected official or employee ;sliall have a financial interest'in his or her ownnanie Qr'in the; name of any Other person Or-entity inrthe.:purchase of any property that (i) belongs to the City, or (ii) issbld for taXes vor assessnlefits, of-(iii). i&sbld .by virtue of legal process at the suit o f the City (collectively, "GityProperfy -Safe"). Cb'inpbnsation.for property iaken pursuant to the City's eminent domain power does ;npt conStilute;.a finahbial interest within the meaning o f this Part D.
Does the: Majtex involve a, City Propbrty Sale?
KJ Yes [ JNo
3,. If you checked "Yes" to. Item. D. 1,5 provide tuenames and business addresses ofthe City official's _or employees, having such, interest and! identify the nature of such interest:
Name Business Address Nature of Interest
4. The D.is.ciosihg>Party.further certifies that no prohibited financial interest in the.Mattcr will be acquired by any City Official Or employee.
B. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2, below, If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with theSe disclosure requirements may make any contract entered into with the City in -connection with the Matter voidable by the City.
X 1, The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder, insurance policies during the slavery era (including insurance policies issued -to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2- The Disclosing Party verifies that, as. a result of c.onducting.the search in step 1 above, the
Disclosing Party has/fqund records of investments or profits from slavery or slaveholder insurance
policies. The/DbclOsing Party verifies .that the following .constitutes full disclosure of all such
records, includtog tne na;raes of any and all slay.es or slaveholders described in those records:
N/A , .
SECTION VI - eE&TWtC&TlOHS FOR FEDERALLY FUNDED MATTERS
NOTE: If the IVlatter is. federally landed, complete this Section VI. 3f the Matter is not federally funded, proceed tp Sectibn'VlI. For parpdses. of this Section VL.taxcrcdtts allocated by the City and proceeds-of-debt obligatlonsVbf the City .arc-not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered upder the federal Lobbying
Disclosure Act of 19.95 who have made lobbying contacts on behalf of the Disclosing Party with
jfe.sp.ecf tO theMattgr; (Add sheets if necessary):
N/A . .
(If no ^p^S^tin|lp|^,0t'l)e$l»8' on Relates above.or if (he letters "NA" or if the -word "None" appear, it will fe-j^^T^iyfery presumed! that thd; DiscIosing Partymeans that NO persons .orehtities .registered duijer tho lobbying bisciosure.Actdf 1995 have made lobbying contacts on behalf of die Disclosing Party wjth.rfesjpect to the' Matter:)
2, The Disclosing party has pot spent and will not 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.pfficer or eraployeerof any agency, as defined by applicable federal law, a rn.enlber of Congress, ah officer or-employce of Congress, or an employee of a member of Congress, in connection with the award ofany federally funded contract, making any federally funded grant or loan, entering into ffny cooperative agreement, or to extend, continue, renew, amend* or modify any federally funded contract,.grant, loan, or cooperative agreement.
Page9 of 13
- The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs. A.I. and A.2. above.
- 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) iris an organization described in section 501(e)(4) ofthe Internal Revenue Code of 1986 but has not engaged-and will not. engage in "Lobbying Activities".
.5 .If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in fornl and substance, to paragraphs A.l. through A.4, above fiorn all subcontractors befofe. it awards any .subcontract and the Disclosing Party must maintain ail such subcontractors' certifications for the duration of the Matterand must make such certifications.prpmptiy available to the.City upon request.
B. CERT.IFICAXIQN REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If :th&,Matter is federally funded, federal regulations require the Applicant and all proposed subc75ntractprs.to. submit the fpllowirig information with-their bids or in writing at the Outset of aegptiatipns.
Is- the Discip^ing Party the Appl icarit?
D« Yes: t] No
If "Yes," answer the three questions below :
1. Have you-developed and do you have onfde-affirmative action programs pursuant to applicable.
[ ] Yes' (XjNo.
H. Hkve^ou filed wiuvlbe Joint Reporting Committee;, the Directorof the Office of Federal Cpntract.C.orapUahce Programs, Or the Equal Employment-Opportunity Commission all reports due Under .the applicable^ fiiiagirequireroents?
1] Yes " (x]No
3.Haye;ypu, participated in any previous contracts or subcontracts subject to the equal opportunity clause?
DYes WNo
If you. checked"No** to question h or 2. above, please provide an explanation:
Applicant is not required to comply with 41 CFR Part 60-2
Page 10 of 13
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Di$clo.sing Party understands and agrees that:
A. The .certifications, disclosures, and acknowledgments contained in this EDS wilL'.becorne part of any contract or other agreement between the Applicant and the .City in connection with the'Matrcr, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract of taking other action with respect to the Matter. The Disclosing Party understands that it rqnst comply with.ill statutes, ordinance?,. and regulations on which this EDS is based,
J3. TJne City's Governmental Ethics and Campaign FinancingOrdinances, Chapters 2:-156 and.2^164 of the Municipal Code, impose certain duties and. obligations Oh persons Or entities seeking City contracts, work, businessj pr ;trans;.actjpns. The full text Of these ordinances and a training program is available on line at www;Oityofcln(^go.or^/Erhics. and may also be obtained, fronvthe City's Board pf Ethics, 740 N.
Sedgwick St, Suite 5,(30, Chicago,IL 606.10, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordmarices.
<3< l?'<he-^y-^1>M?riuje> fb^-^yJn^d.r^i»Uoii ptp-Vidi^i in this EDS is false, incomplete, or inaccuratei
any-contraer-p^ with which it is submitted may be, rescinded pr be Void or
voidable, and the Oity.may pur§,ue any xem0di6s under the cdntraet or agreement (if not rescinded or void)'; -at law,or in eguity^.inpludmg terminating the. Disclosing Party's participation in the'Matter and/or declining to:aillow the Disclos.mg-Party to participate in other transactions with the City*.- Remedies.at law for a false statement of material fact may include incarceration and an award to the City of treble damages'.
D. It.isvthe City's policy to make this document available to. the public on its Internet site and/or upon
request Some orall ofthe information provided on this. EDS and any attachments to this EDS may be
made available fd. the public on the Ihtemet,.in r.esppnse.bDa.Freedpm.Qf Information Ac t-request, or
otherwise. By completing-and slgmngthis EDS, the.Disclosing Party waives and releases-aiiy possible
rights or claims which it may have against.the City in connection with the public release, of Information
contsineo M this EDS and. also authorizes:the City to verify the accuracy ofany information submitted
in this, EDS .
E. The j.nfpnnatip.ri. jpt&v^Js'd'ia this EDS must be kept current. In the. eyept af changes, the. Disclosing
Party rttast supplement this EDS/up to the:time the City takes action on the Matter. If the Matter ia a
CQUtrd^o^uffi teptffed fey the ^ityVpepaftmeht of Procurement Services, theDiscIosihg Party must
update this EDS a;s the 'eohtiact requires. NOTE: With respect to Matters subject to. Article I of
Chapter 1-23 ofthe Municipal :Code (imposing PERMANENT INELIGIBILITY for certain specified
pffensfesVi^e^ regarding eligibility must be kept current for a longer period,
as required by Chapter I.-i23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page.11 of 13
F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Parry or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the Git}'. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
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. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the DiscIosing 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 substanGe to those in F. 1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractQT that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.I., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Midwest Bank and Trust Company, Trust Agreement Dated March 17, 2005
a/k/a Trust Number 05-1-8368
(Print or type name of. Disclosing Party)
By: //^^^- l72£f>~r^j£z
(Sign here)
Thomas L. Moretti Sr.
(Print or type name of person signing)
±
_ (state).
RptlAfiriary nf Trust
(Print or type title of person signing)
Signed and sworn tobefore me on (date)
at Cook County, IHinojs
OFFICIAL SEAL LISA PERNA
< NOTARY PUBLIC-STATE QF ILLINOIS | MY COMMISSION EXPin: ;. ■' ■
Notary Public.
Page 12 of 13
Commission expires:
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
FAjfflLIAJL RELATIONSHIPS WITH ELECTED ClTY 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 &e<^U^t»ceediiig.7^per(%i^ It is not to be completed by any legal entity wlUcli uas oaiy ,an indirect ownership interest in the AppUcanf.
TJpder Municipal Cpde Sectipn 2-154^015, the Disclosing Party must disclose, whether such Disclosing Party
or any "Applicable Party" or any Spouse or Domestic Parmer thereof currently has a "familial relationship" Yvitb
any elected c% official pr departmeht head. A "familiaLrelatiotiship" exists if, as of the date this EDS is
.signed, me:DisclosmgP^ Party" or any Spouse or Domestic Partner thereof i§ related to
the mayor, any aiaerhiarkthe city desk, the city treasurer or any city department head as-spouse or domestic partner or as any of uiefpllowing, y/hetherby blood or adoption: parent, child, brother or sister, aunt of uncle, wsQ&fx ne|ihew, gc^a^sce^^^mdcw4> -^faiseafaiHlasvi. mother-in-law, son-in-law, daughter-in-law, stepfather or-sfepmouher., stepson pr ^epdaugh£er; sispbmjfoer'or stepsister or half-brother or half-sister.
"Applicable Party?' means (l^a^^xeputiye officers pfthe Disclosing Party listed in Section JTB.La., if the
Dlsclosrhg'Party is aicorporationj all partoeis of:me Disclosing Party^i^ a general
partaersbip; all genetaipsu^ers apd i^^^tiftigi$.i6fthfi Disclosing Party, if the Disclosing Pajriyis a limited
partnership; all managers,- n^agragTOember^and members pfthe Disclosing Party, if the Disclosing Parry is a
liTOWdliability.pompady; (2) allprincirjal ofHcers ofthe DisclosingPartyj.and (3,) any person .having mpre:than
a 7\5:petX!ent'Own.ershfp jntere^tin.flie $is.Ql<j.sjb&g Party. "Prmcipal officers" meansthe president, chief
O^tatmgOffi'ceri.e^ecut^^ entity or anyperson
Does, the Disclpsing,piar.ty;pr any ^Applicable party" or any Spouse or Domestic Partner thereof currently haye.a*'amilial relationship" with an elected cltyofficiai or department head?
[ ] Yes JXfNo
If yes,, please identify below (1) the nameand title of such person, (2) thename ofthe legal entity to which such person.is connected; (3) the name and'title of the«lected city official or department head.to whom such perso^hasa. ^n$M.j^^&$ipt and (4) th0pr^isftnatui*:of-^cb'-femaial relationship.
Page 13 of 13
Midwest Bank and Trust Company
A Subsidiary of Midwest Bank Holdings lnc-
AMENDMENT TO TRUST AGREEMENT
THIS AGREEMENT made and entered into this 5TH day of September, 2007 by and between Midwest Bank and Trust Company, a banking corporation (duly aumorized to accept and execute trusts within the State of Illinois as Trustee, and THOMAS MORETTI, SR.,
WITNESSETH:
WHEREAS, the part(ies) hereto, on March 17, 2005 entered into a certain Trust Agreement and identified as Trust Number 05-l-836{pf MIDWEST BANK AND TRUST COMPANY, Elmwood Park, Illinois, and
WHEREAS, it is the desire of the undersigned to amend said Trust Agreement to effect changes in the Beneficial Interest provision of said Trust Agreement
NOW, THEREFORE, in consideration of the premises and of other good and valuable consideration, each party to the other in hand paid, the receipt and sufficiency of which is acknowledged, said Trust Agreement dated March 17, 2005 known as MIDWEST BANK AND TRUST COMPANY, Trust Number 05-1-8368 is hereby amended in the rollowing particulars:
1. The additional property located in the County of Cook, <x>nmionly known as 1401 West Lake Street, Chicago, Illinois 60607, legally described as:
PARCEL 2:
That part of Lot 1 and that part ofthe East 16-2/3 feet of Lot 2 in Block 1 in Union Park Addition to Chicago, being a Subdivision of Lots S and 8 of Circuit Court Partition ofthe Southwest V* of Section 8, Township 39 North, Range 14, East ofthe Third Principal Meridian, lying East of a line drawn through a line drawn through a point in the South line of West Lake Street 13.19 feet West of the West Line of Sheldon Street (Loomis Street) and through a point in the North Line of West Randolph Street 43.2 feet East ofthe Intersection of the North Line of West Randolph Street and the Northeasterly Line of Bryan Place, in Cook County, Illinois. (PEN No. 17-08-324-001-0000)
Is now included in and made a part of Trust Agreement dated March 17,2005 known as Midwest Bank and Trust Company Trust No. 06-1-836^ and
■ 2. The foUowrag named persons are entitled to the earnings, avails and proceeds ofsaid real estate according to the respective interests herein set forth, to-wit:
THOMAS L. MORETTI, SR., and upon his death, provided that he has not theretofore sold, assigned or conveyed his interest herein and further provided that the trust property has not been conveyed, then and in that event, then to his wife, LILLIAN MORETTL and to his daughter, ANNA MORETTI.
The power of direction shall be exercised by THOMAS L. MORETTL SR
All other conditions remain the same.
IN WITNESS WHEREOF, this Amendment to Trust Agreement has been signed by the said THOMAS L. MORETTI, SR., and Midwest Bank and Trust Company, has caused these presents to be signed and attested by its duly authorized officers, and has caused its corporate seal to be hereto affixed as and for the act of deed of said corporation, the day and date above written.
MIDWEST BANK AND TRUST COMF
y Authorized Signer
ATTEST:
Authorized Signer
And on said day the said beneficiaries have signed this Declaration of Trust and Trust Agreement in order to signify their assent to the terms thereof.
"TSEAU Address: 12044 South Loomis, Chicago, tt, 60623
THOMAS L. MORETTI, SR. / c~p~
Social Security # 323-34-7435
.(SEAL)
MIDWEST BANK AND TRUST COMPANY, A Subsidiary of Midwest Banc Holdings, Inc
1606 N. HARLEM AVENUE ELMWOOD PARK, IL 60707 708-456-7840 (Fax) 708-456-4979