OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
May 28, 2014
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith an ordinance executing a deed restriction release and associated provisions for Bertco Development,
LLC.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City of Chicago (the "City Council") on March 1, 2006 and published in the Journal of Proceedings of the City Council (the "Journal") for such date at pages 71567 - 71604 (the "Ordinance") the City entered into that certain Redevelopment Agreement (the "RDA") by and among the City, and James McNaughton-Pershing Road, L.L.C. ("Developer") as originally recorded with the Cook County Recorder of Deeds on June 20, 2007 as Document No. 0717126095, and recorded a second time (with no amendments or changes) on August 20, 2007 as Document No. 0723231082, involving property located at 1716 West Pershing Road, Chicago, Illinois ("Property"), as legally described on Exhibit A attached hereto and made a part hereof; and
WHEREAS, the City issued a deed ("Deed") to the Developer for conveyance of the Property dated June 7, 2007, and recorded with the Cook County Recorder of Deeds on June 20, 2007 as Document No. 0717126094; and
WHEREAS, on May 12, 2011, a Judgment of Foreclosure and Sale ("Foreclosure") was filed against Developer in the Circuit Court of Cook County, Illinois County Department, Chancery Division, Case No. 11 CH 2117; and
WHEREAS, the Property was conveyed to MCN Home SB1, LLC ("MCN"), pursuant to a judicial public sale and a Judicial Sale Deed dated August 19, 2011 and recorded on August 23, 2011 with the Cook County Recorder of Deeds as Document No. 1123544002; and
WHEREAS, on March 11, 2013, Bertco Development, LLC, an Illinois limited liability company ("New Developer"), requested a release of the RDA and covenants of the Deed so that it may purchase the Property from MCN free and clear of the Developer's covenants in the RDA and Deed and construct fourteen (14) market rate single family homes in the City of Chicago's 12th Ward; and
WHEREAS, the City's Department of Housing and Economic Development ("Department") has agreed to release ("Release from Redevelopment Agreement and Certain Deed Covenants") the RDA and certain Deed covenants from the Property to.allow for the New Developer's development of single family homes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. The Commissioner of the Department, or a designee of the Commissioner (the "Commissioner") are each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to execute and deliver a Release from
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Redevelopment Agreement and Certain Deed Covenants document substantially in the form attached hereto as Exhibit B and made a part hereof, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release from Redevelopment Agreement and Certain Deed Covenants, with any such amendments, changes, deletions and insertions as shall be authorized by the Commissioner, with the approval of the City's Corporation Counsel.
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 4. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall be in full force and effect immediately upon its passage and approval.
Attachments:
Exhibit A - Legal Description
Exhibit B - Release from Redevelopment Agreement and Certain Deed Covenants
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EXHIBIT A LEGAL DESCRIPTION OF PROPERTY
LOT 3 IN OWNER'S INDUSTRIAL DIVISION OF THE EAST Vz (EXCEPT STREETS) OF BLOCK 35 IN CANAL TRUSTEES' INDUSTRIAL SUBDIVISION OF THE EAST 1/2 OF SECTION 31, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as: 1716 West Pershing Road, Chicago, IL PIN: 17-31-429-006-0000
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EXHIBIT B
This Instrument Prepared
By and After Recording
Return to:
Karen Bielarz
Senior Counsel
City of Chicago
Department of Law
Real Estate and Land Use Division
121 N. LaSalle Street, Room 600
Chicago, Illinois 60602
(The Above Space For Recorder's Use Only)
RELEASE FROM REDEVELOPMENT AGREEMENT AND CERTAIN DEED COVENANTS
CITY OF CHICAGO, an Illinois municipal corporation ("City"), by ordinance adopted by the City Council of the City of Chicago (the "City Council") on March 1, 2006 and published in the Journal of Proceedings of the City Council (the "Journal") for such date at pages 71567 -71604 (the "Ordinance").
- Pursuant to the Ordinance, the City entered into that certain Redevelopment Agreement (the "RDA") by and among the City, and James McNaughton-Pershing Road, L.L.C. ("Developer") as originally recorded with the Cook County Recorder of Deeds on June 20, 2007 as Document No. 0717126095, and recorded a second time (with no amendments or changes) on August 20, 2007 as Document No. 0723231082, involving property located at 1716 West Pershing Road, Chicago, Illinois ("Property"), as legally described on Exhibit A attached hereto and made a part hereof. Unless otherwise defined herein, all capitalized terms shall have the same meaning as such terms are defined in the RDA.
- Pursuant to the Ordinance the City issued a deed ("Deed") to the Developer for conveyance of the Property dated June 7, 2007, and recorded with the Cook County Recorder of Deeds on June 20, 2007 as Document No. 0717126094.
- Pursuant to the Deed the Developer as Deed grantee, was required to enroll the Property in the State of Illinois Site Remediation Program ("SRP") for purposes of
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obtaining a No Further Remediation Letter and Leaking Underground Storage Tank Environmental Notice ("NFRL").
4. On November 20, 2008 the NFRL was recorded with the Cook County Recorder of Deeds as Document No. 0832533146.
- On May 12, 2011, a Judgment of Foreclosure and Sale ("Foreclosure") was filed against Developer in the Circuit Court of Cook County, Illinois County Department, Chancery Division, Case No. 11 CH 2117.
- The Property was conveyed to MCN Home SB1, LLC ("MCN"), pursuant to a judicial public sale and a Judicial Sale Deed (Judicial Deed") dated August 19, 2011 and recorded on August 23, 2011 with the Cook County Recorder of Deeds as Document No. 1123544002.
- On March 11, 2013, Bertco Development, LLC, an Illinois limited liability company ("New Developer"), issued a letter to Commissioner Andrew Mooney ofthe City of Chicago's Department of Housing and Economic Development (now known as the Department of Planning and Development) requesting a release of the RDA and covenants of the Deed so that it may purchase the Property from MCN free and clear of the Developer's covenants in the RDA and Deed and construct fourteen (14) single family homes in the City of Chicago's 11th Ward (part of the new 12th Ward in 2015).
Upon review of the circumstances of Foreclosure, Judicial Deed, and future development in the 11th Ward (part of the new 12th Ward in 2015), the CITY hereby Releases the Property, as legally described on Exhibit A attached hereto, from the benefits and burdens of the RDA and the covenants in the RDA that are set forth in the Deed.
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IN WITNESS WHEREOF, the City of Chicago has caused this instrument to be duly
executed in its name and behalf, by the Commissioner of the Department of Planning and
Development, on or as of the day of , 2014.
CITY OF CHICAGO,
an Illinois municipal corporation
By:
Andrew J. Mooney
Commissioner
Department of Planning and
Development
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, Notary Public in and for said County, in the State
aforesaid, hereby certify that Andrew J. Mooney personally known to me to be the Commissioner of the Department of Planning and Development of the City of Chicago, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by me severally acknowledged that as such Commissioner, he signed and delivered the instrument pursuant to authority given by the City of Chicago, as his free and voluntary act and as the free and voluntary act and deed of the City of Chicago for the use and purposes therein set forth.
GIVEN under my notarial seal this day of , 2014.
NOTARY
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EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 3 IN OWNER'S INDUSTRIAL DIVISION OF THE EAST 1/2 (EXCEPT STREETS) OF BLOCK 35 IN CANAL TRUSTEES' INDUSTRIAL SUBDIVISION OF THE EAST 1/2 OF SECTION 31, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as: 1716 West Pershing Road, Chicago, IL PIN: 17-31-429-006-0000
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i
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
- Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: BERTCO DEVELOPMENT, LLC-
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
- fc£ the Applicant
OR
- [ ] a legal entity holding 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 legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
- Business address of the Disclosing Party: 1130 W. 35th Street
Chicago, IL 60609
- Telephone: 312-656-1577 Fax: 773-376-8789 Email:
- Name of contact person: MICHAEL BERTUCC1
- Federal Employer Identification No. (if you have one):'_ i
- Brief description of contract, transaction or other undertaking (referred lo below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Transation in which the Cicy of Chicago is issuing a release of from redevelopment agreements and certain deed covenants so that new developer can redevelope a real estate parcel 1716 W. Pershing Road, Chicago, Illinois.
- Which City agency or department is requesting this EDS? DEPT. OF HOUSING & ECO . DEV.
If the Matter is a contract being handled by the Cityls Department of Procurement Services, please .complete the following:
Specification # N/A . and Contract # N/A
VCr. 01-01-12
Page 1 of 13
SECTION II -
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Parly:
[] Person ^ Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[ ] Privately held business corporation [ ] Joint venture
[ ] Sole proprietorship [ ] Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501 (c)(3))?
[ ] Limited partnership [ ] Yes [ ] No
[] Trust [] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: ILLINOIS
3. For legal entities not organized in the State of Illinois: Has the organization registered lo do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No £3 N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
I. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
MICHAEL BERTUCCI MANAGING MEMBER
DOMINIC BERTUCCI MEMBER
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an 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 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 lo achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Parly
MlimELJERTllC£J _113iLJiL__25th_^tL._,__Chga,_.]J 5-Q%
©0MiN-I-BERT4JG4 U^0-^-3-5-feh--S^-.-r-G-hge7--i-l 5-9%
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
□ Yes ^bJNo
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 ofthe relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party 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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Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party Fees (indicate whether .
(subcontractor, attorney, paid or estimated.) NOTE:
lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
MikAUBCON^MCJTORS ARE HANDLED IN HOUSE BY
BERTCO DEVELOPMENT. LLC
PHILIP K. GORDON, Atty at Law - 809 W. 35th St Chgo, II 60609
(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. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has 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?
[ ] Yes No [ ] No person directly or indirectly owns 10% or more of the
Disclosing 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?
I] Yes
B. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling 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 involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
- The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
- are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
- 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 (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
- are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;
- 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
c. 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.
- 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 to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained 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 means a person or entity that directly 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 ofthe 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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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither 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 lo bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Cily, the State of Illinois, or any agency of the federal government or of any stale or local government in 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 parly to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
- made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
- violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
- Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or ofthe United States of America thai contains the same elements as the offense of bid-rigging or bid-rotating.
- Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
- The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
- If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
Page 6 of 13
If (he 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 ofthe Disclosing Parly's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
J3/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
- The Disclosing Party certifies that the Disclosing Party (check one) []is xixisnot
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
- If the Disclosing Parly IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 ofthe 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 may result in the loss ofthe 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):
N/A
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Jf 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.
- In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[JYes xiiNo
NOTE: Ifyou checked "Yes" to Item D. 1., proceed to Items D.2. and D.3. Ifyou checked "No" to Item D.L, proceed to Part E.
- Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Properly Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
- If you checked "Yes" to Item D.L, provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check cither 1. or 2. below. If the Disclosing Parly 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.
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 conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
NONE OF THE ABOVE ARE APPLICABLE
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 ofthe 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 ofthe Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines 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 of 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 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 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.
Page 9 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.l. and A.2. above.
- The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
- If the Disclosing Party is the Applicant, the Disclosing 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 ofthe Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
- Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
- Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
- Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
Ifyou checked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Parly understands and agrees thai:
- The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action wilh respect to the Matter. The Disclosing Party understands lhat it must comply with all statutes, ordinances, and regulations on which this EDS is based.
^
- The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.orR/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
- 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 remedies 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 include incarceration and an award to the City of treble damages.
- It is the City's policy to make this document available to (he 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 City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up lo the time the 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 lo Article I of
Chapter 1-23 ofthe 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 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
1.1 The Disclosing I'.irly is nol delinquent in ihc paymenl of any lax administcicd by the Illinois Dc|>:ininciii of Revenue, nor arc the Disclosing I'arty or its Affiliated Entities delinquent in paying any fine, fee, ux or other charge owed to the City. This includes, but is not limited to, all water charges, sewer cliaiges, license fees, parking tickets, property taxes or sales taxes.
I-.2 If the Disclosing Party is lite Applicant, Ihc Disclosing Party and its Affiliated Entities witi nol use. nor permit Ihcir subcontractors to use, any facility listed by the U.S. li.P.A. on the federal F.xcludcd Parties List System ("EPLS") maintained by the U. S. General Services Administration.
V.I If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or lo be hired in connection with Ihc Matter certifications equal in form and substance to those in F. I. and V 2. above and will not, without the prior written consent of llic Ci(yi osc any such contractor/subcontractor that docs not provide such certifications or that the Disclosing Parly has reason to believe has not provided or cannot provide truthful certifications.
NOTf:. 1 f (ho Disclosing Parly cannot certify as to any of (he items in l;.l., V.2. or F.3. above, an explanatory statement must be attached lo this EDS
CEHTII'ICATION
Under penalty of perjury, Ihc 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 <?.) warrants thai all certifications and statements contained in Ihis F.DS and Appendix A (if applicable) arc 1rue, accurate and complete as of the date furnished to the City.
BERTCO revEIPFMENT. LLC
(Sign here)
(Prim or type name of Disclosing Parly)
(Prim or type name ofperson signing)
(Print or type title ofperson signing)
Signed and sworn to before mc on (date) April .3, 2014
Commission expires: April 18. 2016
Pa£C 12 Of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
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 7.5 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 Disclosing Parly must disclose whether such Disclosing Parly or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe dale this EDS is signed, the Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof is related lo 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-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section HB.l .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 ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Parly; 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 Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes xfcd No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe 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.
H/A
Page 13 of 13
Auachmcnt C
PRINCIPAL PROFILE
The following information must be provided for each individual that holds a direct or indirect ownership interest of more than 7.5 percent in the applicant entity, or which is a director or trustee of a non-for-profit applicant entity. The information will be provided only to the departments of Consumer Services and Revenue for the purpose of determining whether any ofthe listed persons have outstanding water bills, traffic or parking tickets, child support payments, or other obligations. All outstanding obligations must be satisfied before the Department of Community Development will proceed with the application.
Name: MICHAEL BERTUCCI
Home Address: ^4Q S Parn^n AvPmiP
fiMragn, TI fiOftl fi
Date of Birth: Mny ft
Social Security Number: ^9h.-7n-^9fl£.
Driver's License Number: g ft 3?.-5 506-61 30
License Plate Number: 481-0459
Name:
Home Address:
Date of Birth: Social Security Number: Driver's License Number: License Plate Number:
DOMINI T. "RF.RTIIOOT
3239 S. Princeton Avptiiip
Chicago, II 60616
December 19, 1968
326-70-3179
B632-1G06-0360
T846509
City of Chicago 03/10
Name:
Home Address:
Date of Birth: Social Security Number: Driver's License Number: License Plate Number:
Name:
Home Address:
Date of Birth: Social Security Number-Driver's License Number: License Plate Number:
Name:
Home Address:
Date of Birth: Social Security Number: Driver's License Number License Plate Number: