This record contains private information, which has been redacted from public viewing.
Record #: O2015-752   
Type: Ordinance Status: Passed
Intro date: 1/21/2015 Current Controlling Legislative Body: Committee on Finance
Final action: 3/18/2015
Title: Forty-third amending agreement with SomerCor 504, Inc. to administer Small Business Improvement Fund Program in various redevelopment project areas
Sponsors: Emanuel, Rahm
Topic: AGREEMENTS - Improvement
Attachments: 1. O2015-752.pdf
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
January 21, 2015
 
 
 
 
 
 
 
 
 
 
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
 
 
Ladies and Gentlemen:
 
At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinance authorizing an allocation of TIF funding to various Small Business Improvement Funds.
 
Your favorable consideration of this ordinance will be appreciated.
 
Mayor
 
Very truly yours,
 
ORDINANCE
 
WHEREAS, the City of Chicago ("City"), a home rule unit of government under Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, is authorized under the provisions ofthe Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
 
WHEREAS, by an ordinance adopted by the City Council of the City ("City Council") on July 21, 1999, and published in the Journal of Proceedings of the City Council ("Journal") for said date at pages 8307 to 8344, inclusive (the "Program Ordinance"), the City implemented a redevelopment program known as the Small Business Improvement Fund program (the "Program") to provide financing assistance pursuant to the Act for the improvement of commercial and industrial facilities of small businesses in certain redevelopment project areas ofthe City; and
WHEREAS, by ordinances adopted by the City Council, the first on November 8, 2000, and published in the Journal for said date at pages 43877 to 43930, inclusive (the "First Amending Ordinance") and the most recent adopted on September 10, 2014 (the "Forty-Second Amending Ordinance," collectively with the Program Ordinance, the First Amending Ordinance and the other amending ordinances, the "SBIF Ordinance"), the City has restated and refined the Program and extended its reach to additional redevelopment project areas of the City; and
WHEREAS, the City Council now desires to extend the Program to three additional redevelopment project areas of the City ("New TIF/SBIF Areas"), which are identified on Exhibit A attached hereto and incorporated herein, and that are not already reached under the SBIF Ordinance; and
WHEREAS, the City Council further desires to authorize the Department of Planning and Development ("DPD") to fund the Program in New TIF/SBIF Areas in an amount not to exceed $500,000 for each New TIF/SBIF Area; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Bryn Mawr/Broadway Redevelopment Project Area ("Bryn Mawr/Broadway Area") in an amount not to exceed $1,250,000, and
WHEREAS, as part of the Program, the $1,250,000 funding previously authorized for the Bryn Mawr/Broadway Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Bryn Mawr/Broadway Area, and
WHEREAS, DPD desires to increase the amount of grant funds available in the Bryn Mawr/Broadway Area by an additional $500,000 to a total, collective amount of $1,750,000, and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Lawrence/Kedzie Redevelopment Project Area ( Lawrence/Kedzie Area") in an amount not to exceed $1 750,000. and
 
WHEREAS, as part of the Program the S1 750 000 funding previously authorized for the Lawrence/Kedzie Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Lawrence/Kedzie Area, and
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WHEREAS, DPD desires to increase the amount of grant funds available in the Lawrence/Kedzie Area by an additional $500,000 to a total, collective amount of $2,250,000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the North Branch South Redevelopment Project Area ('North Branch South Area") in an amount not to exceed $1,000,000; and
WHEREAS, as part of the Program, the $1,000,000 funding previously authorized for the North Branch South Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the North Branch South Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the North Branch South Area by an additional $500,000 to a total, collective amount of $1,500,000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Northwest Industrial Corridor Redevelopment Project Area ("Northwest Industrial Area") in an amount not to exceed $3,000,000; and
WHEREAS, as part of the Program, the $3,000,000 funding previously authorized for the Northwest Industrial Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Northwest Industrial Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the Northwest Industrial Area by an additional $500,000 to a total, collective amount of $3,500,000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Peterson/Pulaski Redevelopment Project Area ("Peterson/Pulaski Area") in an amount not to exceed $1,500,000; and
WHEREAS, as part of the Program, the $1,500,000 funding previously authorized for the Peterson/Pulaski Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Peterson/Pulaski Area, and
WHEREAS, DPD desires to increase the amount of grant funds available in the Peterson/Pulaski Area by an additional $500,000 to a total, collective amount of $2,000,000. and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Pulaski Corridor Redevelopment Project Area ("Pulaski Corridor Area") in an amount not to exceed $1,500,000; and
WHEREAS, as part of the Program, the $1 500,000 funding previously authorized for the Pulaski Corridor Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Pulaski Corridor Area, and
WHEREAS. DPD desires to increase the amount of grant funds available in the Pulaski Corridor Area by an additional $500,000 to a total, collective amount of S2 000 000; and
WHEREAS, the SBIF Ordinance authorized DPD to fund the Program in the Roosevelt/Cicero Redevelopment Project Area ( Roosevelt/Cicero Area") in an amount not to
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exceed $1,000,000; and
WHEREAS, as part of the Program, the $1,000,000 funding previously authorized for the Roosevelt/Cicero Area was substantially expended for the improvement of commercial and industrial facilities of small businesses in the Roosevelt/Cicero Area; and
WHEREAS, DPD desires to increase the amount of grant funds available in the Roosevelt/Cicero Area by an additional $500,000 to a total, collective amount of $1,500,000; and
 
WHEREAS, the City Council, under the SBIF Ordinance, authorized DPD to enter into an agreement with SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor"), and DPD entered into such agreement on March 12, 2001, which agreement continues in full force and effect, as amended from time to time, pursuant to which SomerCor performs certain administrative services for the Program, and DPD now desires to further amend that agreement by entering into a Forty-Third Amending Agreement (the "Forty-Third Amending Agreement") with SomerCor to (a) extend the Program into the New TIF/SBIF Areas; (b) increase the amount of grant funds available in the Bryn Mawr/Broadway Area by an additional $500,000 to a total, collective amount of $1,750,000, (c) increase the amount of grant funds available in the Lawrence/Kedzie Area by an additional $500,000 to a total, collective amount of $2,250,000; (d) increase the amount of grant funds available in the North Branch South Area by an additional $500,000 to a total, collective amount of $1,500,000; (e) increase the amount of grant funds available in the Northwest Industrial Area by an additional $500,000 to a total, collective amount of $3,500,000; (f) increase the amount of grant funds available in the Peterson/Pulaski Area by an additional $500,000 to a total, collective amount of $2,000,000; (g) increase the amount of grant funds available in the Pulaski Corridor Area by an additional $500,000 to a total, collective amount of $2,000,000; (h) increase the amount of grant funds available in the Roosevelt/Cicero Area by an additional $500,000 to a total, collective amount of $1,500,000; and (i) authorize SomerCor to continue providing the same administrative services for the Program, which Forty-Third Amending Agreement is set forth in more detail on Exhibit B. attached hereto and incorporated herein; and
WHEREAS, the City's obligation to provide funds under the Forty-Third Amending Agreement may be met through (i) incremental taxes from the New TIF/SBIF Areas, Bryn Mawr/Broadway Area, Lawrence/Kedzie Area, North Branch South Area, Northwest Industrial Area, Peterson/Pulaski Area, Pulaski Corridor Area or Roosevelt/Cicero Area, as applicable: or (n) any other funds legally available to the City for this purpose; now, therefore,
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein
SECTION 2. SomerCor is hereby authorized to administer the Program in the New TIF/SBIF Areas Bryn Mawr/Broadway Area, Lawrence/Kedzie Area. North Branch South Area, Northwest Industrial Area, Peterson/Pulaski Area, Pulaski Corridor Area, and Roosevelt/Cicero Area, subject to the supervision of DPD
SECTION 3. The Commissioner of DPD or a designee of the Commissioner are each hereby authorized, with the approval of the City's Corporation Counsel as to legal form, to negotiate, execute and deliver the Forty-Third Amending Agreement between SomerCor and the
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City substantially in the form attached hereto as Exhibit B and made a part hereof, and such other supporting documents as may be necessary to carry out and comply with the provisions of the Forty-Third Amending Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Forty-Third Amending Agreement.
SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. All sections of the SBIF Ordinance in conflict with this ordinance are hereby repealed to the extent of such conflict. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.
 
SECTION 5. This ordinance shall be effective as of the date of its passage.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT A
 
 
Description of New TIF/SBIF Areas
 
 
The following New TIF/SBIF Areas were created pursuant to the ordinances listed below:
 
on July 21, 1999: (1) "An Ordinance of the City of Chicago, Illinois Approving a Redevelopment Plan for the 24lh/Michigan Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 24th/Michigan Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 24,h/Michigan Redevelopment Project Area"; and
on May 29, 2002: (1) "An Ordinance of the City of Chicago, Illinois Approving a Redevelopment Plan for the 47lh/Halsted Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 47"7Halsted Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 47th/Halsted Redevelopment Project Area"; and
on September 27, 2007: (1) "An Ordinance of the City of Chicago, Illinois Approving a Redevelopment Plan for the 79lhA/incennes Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 79lhA/incennes Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 79,r7Vincennes Redevelopment Project Area."
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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EXHIBIT B
Form of Forty-Third Amending Agreement [See attached]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Forty-Third Amending Agreement
to
ADMINISTRATIVE SERVICES AGREEMENT
This Forty-Third Amending Agreement to Administrative Services Agreement (the
"Agreement") is made this      day of      2015, by and between the City of Chicago, a
municipal corporation and home rule unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Planning and Development ("DPD"), and SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor") whose office address is 601 South LaSalle Street Street, Suite 510, Chicago, Illinois 60605 and whose federal tax identification number is 36-3837330.
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
 
WHEREAS, by ordinances adopted by the City Council of the City on July 21,1999 and on November 8, 2000, and published in the Journal of Proceedings of the City Council for said dates at pages 8307 to 8344, inclusive, and pages 43877-43930, inclusive, respectively (the "SBIF Ordinances"), the City implemented and amended a redevelopment program known as the Small Business Improvement Fund program (the "SBIF Program") to provide financing assistance pursuant to the Act for the improvement of commercial and industrial facilities of small businesses in certain redevelopment project areas ("TIF Areas") in the City; and
 
WHEREAS, the City Council, under the SBIF Ordinances, authorized DPD to enter into agreements with SomerCor, and DPD and SomerCor entered into one agreement on September 22, 1999 ("First SomerCor Agreement") and another agreement on March 12,2001 ("Second SomerCor Agreement"), to administer the SBIF Programs on behalf of the City; and
 
WHEREAS, in an ordinance adopted by the City Council on October 31 2001 and published in the Journal of Proceedings of the City Council for said date at pages 69965 through 70047, inclusive, (the 'Midwest TIF Area Ordinance') the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Midwest TIF Area (the 'Midwest TIF Area Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on May 1, 2002, and published in the Journal of Proceedings of the City Council for said date at pages 83769 to 83781, inclusive ("Second Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Portage Park, Western Avenue North. Western Avenue South Fullerton/Milwaukee and Belmont/Central TIF Areas (the "Second Amending Agreement"), and
 
WHEREAS by an ordinance adopted by the City Council of the City on December 4, 2002. and published in the Journal of Proceedings of the City Council for said date at pages 100124 to 100135, inclusive ( Third Amending Ordinance") the City Council authorized DPD to enter into an
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agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Madison/Austin Corridor and Humboldt Park Commercial TIF Areas (the "Third Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council of the City on February 5, 2003, and published in the Journal of Proceedings of the City Council for said date at pages 102793 to 102803, inclusive ("Fourth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor to enable SomerCor to provide SBIF Program administrative services in the Northwest Industrial Corridor Redevelopment Project Area (the "Fourth Amending Agreement"): and
 
WHEREAS, by an ordinance adopted by the City Council of the City on July 9, 2003, and published in the Journal of Proceedings of the City Council for said date at pages 3418 to 3424, inclusive ("Fifth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the "Fifth Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council of the City on November 3, 2004, and published in the Journal of Proceedings of the City Council for said date at pages 34545 to 34554, inclusive ("Sixth Amending Ordinance"), DPD extended the SBIF Program to the Lawrence/Kedzie Redevelopment Project Area ofthe City (the "Sixth Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council of the City on September 14,2005 and published in the Journal of Proceedings of the City Council for said date at pages 54724 to 54740, inclusive ("Seventh Amending Ordinance"), DPD extended the SBIF Program to the 63rd/Pulaski, Belmont/Cicero, Lawrence/Pulaski, Peterson/Pulaski, West Irving Park, Greater Southwest-West, Galewood/Armitage Industrial, Pilsen Industrial Corridor, 119th and Halsted, and Pulaski Corridor Redevelopment Project Areas ofthe City and increased the amount of grant funds available in the Fullerton/Milwaukee Redevelopment Project Area and the Lawrence/Kedzie Redevelopment Project Area (the "Seventh Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on September 13, 2006 and published in the Journal of Proceedings of the City Council for said date at pages 83420 to 83440, inclusive ("Eighth Amending Ordinance"), DPD extended the SBIF Program to twenty-one redevelopment project areas of the City (the "Eighth Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on February 7, 2007 and published in the Journal of Proceedings of the City Council for said date at pages 97661 to 97672, inclusive ("Ninth Amending Ordinance') DPD extended the SBIF Program to the 63rd/Ashland and Devon/Western Redevelopment Project Areas of the City (the "Ninth Amending Agreement'), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 13, 2007 and published in the Journal of Proceedings of the City Council for said date at pages 2395 to 2402, inclusive ( Tenth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the 'Tenth Amending Agreement'), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on October 31. 2007 and published in the Journal of Proceedings of the City Council for said date at pages 10929 to
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10942, inclusive ("Eleventh Amending Ordinance"), DPD extended the SBIF Program to certain redevelopment project areas of the City (the "Eleventh Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 11. 2008 and published in the Journal of Proceedings of the City Council for said date at pages 28833 to 28843. inclusive ("Twelfth Amending Ordinance"), DPD extended the SBIF Program to the Michigan/Cermak Redevelopment Project Area of the City (the "Twelfth Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on September 10, 2008 and published in the Journal of Proceedings of the City Council for said date at pages 36267 to 36277, inclusive ("Thirteenth Amending Ordinance"), DPD extended the SBIF Program to the Irving/Cicero Redevelopment Project Area of the City (the "Thirteenth Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council of the City on September 10, 2008 and published in the Journal of Proceedings of the City Council for said date at pages 36704 to 36711, inclusive ("Fourteenth Amending Ordinance"), the City Council authorized DPD to enter into an agreement amending the Second SomerCor Agreement with SomerCor which restated the SBIF Program rules (the "Fourteenth Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council of the City on February 11, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 54738 to 54748, inclusive ("Fifteenth Amending Ordinance"), DPD extended the SBIF Program to the Hollywood/Sheridan Redevelopment Project Area ofthe City (the "Fifteenth Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council ofthe City on March 18,2009 and published in the Journal of Proceedings ofthe City Council for said date at pages 55750 to 55762, inclusive ("Sixteenth Amending Ordinance"), DPD extended the SBIF Program to the Elston/Armstrong Industrial Corridor Redevelopment Project Area and 47lh/Ashland Redevelopment Project Area of the City (the "Sixteenth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on April 22, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 57265 to 57276, inclusive ("Seventeenth Amending Ordinance"), DPD extended the SBIF Program to the Lawrence/Broadway Redevelopment Project Area and Touhy/Western Redevelopment Project Area of the City (the 'Seventeenth Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on May 13. 2009 and published in the Journal of Proceedings of the City Council for said date at pages 60322 to 60333, inclusive ("Eighteenth Amending Ordinance"), DPD extended the SBIF Program to the Austin Commercial Redevelopment Project Area of the City (the "Eighteenth Amending Agreement '), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 3. 2009 and published in the Journal of Proceedings of the City Council for said date at pages 63080 to 63090, inclusive ('Nineteenth Amending Ordinance') DPD increased the amount of grant funds available in the Clark Street and Ridge Avenue Redevelopment Project Area by an additional SI 000 000 to a total collective amount of $1 750 000 (the "Nineteenth Amending Agreement') and
 
WHEREAS by an ordinance adopted by the City Council of the City on June 30 2009 and published in the Journal of Proceedings of the City Council for said date at pages 64859 to 64871.
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inclusive ("Twentieth Amending Ordinance"), DPD extended the SBIF Program to the Midway Industrial Corridor Redevelopment Project Area and increased the amount of grant funds available in the Peterson/Pulaski Redevelopment Project Area by an additional $1,000,000 to a total, collective amount of $1,500,000 (the "Twentieth Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on September 9, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 69297 to 69308, inclusive ("Twenty-First Amending Ordinance"), DPD increased the amount of grant funds available in the 35m/Halsted Redevelopment Project Area by an additional $500,000 to a total, collective amount of $1,250,000 (the "Twenty-First Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council ofthe City on November 18, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 74011 to 74023, inclusive ("Twenty-Second Amending Ordinance"), DPD extended the SBIF Program to the 95"1 Street and Stony Island Avenue, Avalon Park/South Shore, Harlem Industrial Park Conservation, and Western Avenue/Rock Island Redevelopment Project Areas of the City (the "Twenty-Second Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council ofthe City on December 2, 2009 and published in the Journal of Proceedings of the City Council for said date at pages 79524 to 79546, inclusive ("Twenty-Third Amending Ordinance"), DPD restated the SBIF Program Rules, extended the SBIF Program to the Avondale and Woodlawn Redevelopment Project Areas, and increased the amount of grant funds available in the Northwest Industrial Corridor Redevelopment Project Area by an additional $1,000,000 to a total, collective amount of $2,500,000 (the "Twenty-Third Amending Agreement"); and
 
WHEREAS, by an ordinance adopted by the City Council ofthe City on January 13, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 82434 to 82446, inclusive ("Twenty-Fourth Amending Ordinance"), DPD extended the SBIF Program to the Addison South Redevelopment Project Area (the "Twenty-Fourth Amending Agreement"); and
WHEREAS, by an ordinance adopted by the City Council of the City on February 10, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 83847 to 83861, inclusive ("Twenty-Fifth Amending Ordinance"). DPD extended the SBIF Program to the 47lh/King Drive. 79"' Street Corridor and Armitage/Pulaski Redevelopment Project Areas and increased the amount of grant funds available in the Madison/Austin Corridor and Western Avenue North Redevelopment Project Areas (the "Twenty-Fifth Amending Agreement '), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 9. 2010 and published in the Journal of Proceedings of the City Council for said date at pages 92472 to 92483, inclusive ("Twenty-Sixth Amending Ordinance"), DPD increased the amount of grant funds available in the Hollywood/Sheridan Redevelopment Project Area by an additional S750.000 to a total collective amount of $1 150,000 (the "Twenty-Sixth Amending Agreement ) and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 30. 2010 and published in the Journal of Proceedings of the City Council for said date at pages 94477 to 94491. inclusive ( Twenty-Seventh Amending Ordinance'). DPD extended the SBIF Program to the Roosevelt/Cicero Western/Ogden and Little Village Industrial Corridor Redevelopment Project Areas and increased the amount of grant funds available in the Belmont/Central and Portage Park Redevelopment Project Areas (the 'Twenty-Seventh Amending Agreement ) and
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WHEREAS, by an ordinance adopted by the City Council of the City on October 6, 2010 and published in the Journal of Proceedings of the City Council for said date at pages 99933 to 99946, inclusive ("Twenty-Eighth Amending Ordinance"), DPD extended the SBIF Program to the Roosevelt/Homan and Ogden/Pulaski Redevelopment Project Areas and increased the amount of grant funds available in the Devon and Western and Western Avenue/Rock Island Redevelopment Project Areas (the "Twenty-Eighth Amending Agreement"), and
 
WHEREAS, by an ordinance adopted by the City Council of the City on November 3, 2010 and published in the Journal of Proceedings ofthe City Council for said date at pages 104150 to 104161, inclusive ("Twenty-Ninth Amending Ordinance"), DPD increased the amount of grant funds available in the 111lh Street/Kedzie Avenue Business District Redevelopment Project Area ("111,h/Kedzie Area") by an additional $750,000 to a total, collective amount of $1,750,000; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on February 9, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 111666 to 111678, inclusive ("Thirtieth Amending Ordinance"), DPD extended the SBIF Program to the Read/Dunning Redevelopment Project Area and increased the amount of grant funds available in the Midwest Redevelopment Project Area by an additional $1,000,000 to a total, collective amount of $2,500,000; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 8, 2011 and published in the Journal of Proceedings of the City Council for said date at pages 200 to 213, inclusive ("Thirty-First Amending Ordinance"), DPD increased the amount of grant funds available in the 35,h/Halsted Redevelopment Project Area by an additional $500,000 to a total, collective amount of $1,750,000; increased the amount of grant funds available in the 47lh/King Drive Redevelopment Project Area by an additional $1,000,000 to a total, collective amount of $1,500,000; increased the amount of grant funds available in the North Branch South Redevelopment Project Area by an additional $500,000 to a total, collective amount of $1,000,000; and increased the amount of grant funds available in the Portage Park Redevelopment Project Area by an additional $500,000 to a total, collective amount of $1,660,000; and
WHEREAS, by an ordinance adopted by the City Council of the City on July 28 2011 and published in the Journal of Proceedings of the City Council for said date at pages 3789 to 3802, inclusive ("Thirty-Second Amending Ordinance") DPD extended the SBIF Program to the Ewing Avenue Redevelopment Project Area, and
 
WHEREAS, by an ordinance adopted by the City Council of the City on November 2, 2011 and published in the Journal of Proceedings ofthe City Council for said date at pages 9614 to 9626, inclusive ("Thirty-Third Amending Ordinance"), DPD increased the amount of grant funds available in the Portage Park Redevelopment Project Area by an additional $500 000 to a total collective amount of $2 160,000. and
 
WHEREAS by an ordinance adopted by the City Council of the City on April 24 2012 and published in the Journal of Proceedings of the City Council for said date at pages 24129 to 24159 inclusive ("Thirty-Fourth Amending Ordinance ), DPD amended the Program Rules for the SB.IF Program extended the SBIF Program to the Archer/Central Division/Homan and 47''7State redevelopment project areas, and increased the amount of grant funds available in nine additional redevelopment project areas, and
 
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WHEREAS, by an ordinance adopted by the City Council ofthe City on April 24, 2012 and published in the Journal of Proceedings of the City Council for said date at pages 24160 to 24175, inclusive ("Thirty-Fifth Amending Ordinance"), DPD extended the SBIF Program to the Irving Park/Elston redevelopment project area and increased the amount of grant funds available in seven other redevelopment project areas; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 6, 2012 and published in the Journal of Proceedings of the City Council for said date at pages 27953 to 27967, inclusive ("Thirty-Sixth Amending Ordinance"), DPD extended the SBIF Program to four additional redevelopment project areas; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on October 3, 2012 and published in the Journal of Proceedings ofthe City Council for said date at pages 34651 to 34664, inclusive ("Thirty-Seventh Amending Ordinance"), DPD increased the amount of grant funds in the Western Avenue/Rock Island redevelopment project area; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on January 17, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 44849 to 44862, inclusive ("Thirty-Eighth Amending Ordinance"), DPD increased the amount of grant funds in the Western Avenue South redevelopment project area; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 26, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 56098 to 56115, inclusive ("Thirty-Ninth Amending Ordinance"), extended the SBIF Program to the 35th and Wallace redevelopment project area and increased the amount of grant funds available in six other redevelopment project areas; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on July 24, 2013 and published in the Journal of Proceedings of the City Council for said date at pages 57332 to 57346, inclusive ("Fortieth Amending Ordinance"), increased the amount of grant funds available in the Stony Island Avenue Commercial and Burnside Industrial Corridors Redevelopment Project Area ("Stony Island/Burnside Area") by an additional $500,000 to a total, collective amount of $2,000,000 and increased the amount of grant funds available in the West Irving Park Redevelopment Project Area ("West Irving Park Area') by an additional $500,000 to a total collective amount of $2 500,000, and
 
WHEREAS, by an ordinance adopted by the City Council of the City on June 25 2014 and published in the Journal of Proceedings of the City Council for said date at pages 83007 to 83035. inclusive (' Forty-First Amending Ordinance' ), increased the amount of grant funds available in the Clark/Montrose Redevelopment Project Area ("Clark/Montrose Area") by an additional $1.000,000 to a total, collective amount of $2,300 000. increased the amount of grant funds available in the Lawrence/Broadway Redevelopment Project Area ( "Lawrence/Broadway Area ) by an additional $500,000 to a total, collective amount of $1,500,000, and increased the amount of grant funds available in the Ravenswood Corridor Redevelopment Project Area ('Ravenswood Area ) by an additional $500,000 to a total collective amount of $2 000 000; and
 
WHEREAS by an ordinance adopted by the City Council of the City on September 10 2014 and published in the Journal of Proceedings of the City Council for said date at pages 87257 to 87271 inclusive ( Forty-Second Amending Ordinance), increased the amount of grant funds available in the Hollywood/Sheridan Redevelopment Project Area ('"Hollywood/Sheridan Area') by an
6
 
 
additional $500,000 to a total, collective amount of $1,650,000; and
 
WHEREAS, by an ordinance adopted by the City Council of the City on      , 2015 and
published in the Journal of Proceedings of the City Council for said date at pages      to
       inclusive ("Forty-Third Amending Ordinance"), extended the SBIF Program to the
24th/Michigan, 47lh/Halsted and 79,hA/incennes redevelopment project areas ofthe City (the "New TIF/SBIF Areas"), as identified on Exhibit 1 attached hereto and incorporated herein, and increased the amount of grant funds available in the Bryn Mawr/Broadway Redevelopment Project Area ("Bryn Mawr/Broadway Area") by an additional $500,000 to a total, collective amount of $1,750,000: increased the amount of grant funds available in the Lawrence/Kedzie Redevelopment Project Area ("Lawrence/Kedzie Area") by an additional $500,000 to a total, collective amount of $2,250,000; increased the amount of grant funds available in the North Branch South Redevelopment Project Area ("North Branch South Area") by an additional $500,000 to a total, collective amount of $1,500,000; increased the amount of grant funds available in the Northwest Industrial Corridor Redevelopment Project Area ("Northwest Industrial Area") by an additional $500,000 to a total, collective amount of $3,500,000; increased the amount of grant funds available in the Peterson/Pulaski Redevelopment Project Area ("Peterson/Pulaski Area") by an additional $500,000 to a total, collective amount of $2,000,000; increased the amount of grant funds available in the Pulaski Corridor Redevelopment Project Area ("Pulaski Corridor Area") by an additional $500,000 to a total, collective amount of $2,000,000; and increased the amount of grant funds available in the Roosevelt/Cicero Redevelopment Project Area ("Roosevelt/Cicero Area") by an additional $500,000 to a total, collective amount of $1,500,000; and
WHEREAS, the Forty-Third Amending Ordinance authorized DPD to enter into an agreement with SomerCor to continue to provide SBIF Program administrative services, and DPD and SomerCor now desire to enter into such an agreement, which will amend the Second SomerCor Agreement (the "Forty-Third Amending Agreement");
NOW, THEREFORE, in consideration ofthe mutual promises and covenants set forth below, the parties hereto agree as follows:
ARTICLE I INCORPORATION AND RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein
 
ARTICLE II
 
REAFFIRMATION OF REPRESENTATIONS, WARRANTIES AND COVENANTS
SomerCor reaffirms each and every representation, warranty and covenant made in Article III of the Second SomerCor Agreement SomerCor reaffirms that it has insurance in force that conforms to the requirements of Section 4 8 of the Second SomerCor Agreement
 
 
 
 
 
7
 
 
ARTICLE III
 
AMENDMENTS TO SECOND SOMERCOR AGREEMENT
 
1.      The Second SomerCor Agreement, as amended, is further amended, as follows:
 
(a)      add the following text at the end of Exhibit 2 thereof:
 
; and
  1. on July 21, 1999: (1) "An Ordinance ofthe City of Chicago, Illinois Approving a Redevelopment Plan for the 24lh/Michigan Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 24th/Michigan Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 24lh/Michigan Redevelopment Project Area"; and
  2. on May 29, 2002: (1) "An Ordinance ofthe City of Chicago, Illinois Approving a Redevelopment Plan for the 47th/Halsted Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 47th/Halsted Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 47,h/Halsted Redevelopment Project Area"; and
  3. on September 27, 2007: (1) "An Ordinance of the City of Chicago, Illinois Approving a Redevelopment Plan for the 79lhA/incennes Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 79lhA/incennes Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago. Illinois Adopting Tax Increment Allocation Financing for the 79lhA/mcennes Redevelopment Project Area '
 
(b) add the following text at the end of Exhibit 5 thereof
24,f7Michigan Area $500,000 471!7Halsted Area $500,000 79"7Vincennes Area $500,000
(a) amend the text in Exhibit 5 thereof increasing the maximum funds available for the following Areas, as follows
Bryn Mawr/Broadway Area      $1.750 000
Lawrence/Kedzie Area      $2.250 000
North Branch South Area      $1 500 000
Northwest Industrial Area      $3,500 000
Peterson/Pulaski Area      $2 000,000
Pulaski Comdor Area      52.000 000
Roosevelt/Cicero Area      $1,500 000
8
 
 
(b) substitute the following for each occurrence of "One Hundred and Seventeen Million and Sixty Thousand Dollars ($117,060,000)" in Section 4.2 thereof:
One Hundred and Twenty-Two Million and Sixty Thousand Dollars ($122,060,000)
 
Except as set forth herein, the Agreement is not amended.
 
ARTICLE IV OBLIGATION TO PROVIDE DOCUMENTS
 
SomerCor shall execute and deliver to DPD such documents as may be required by the Corporation Counsel ofthe City to evidence SomerCor's participation in the Program, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in substantially the form of Exhibit 2 attached hereto and incorporated herein.
IN WITNESS WHEREOF, the City and SomerCor have executed this Agreement as of the date first set forth above.
CITY OF CHICAGO
 
 
By:      
Commissioner,
Department of Planning and Development SOMERCOR 504, INC.
By:      
Its      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9
 
 
EXHIBIT 1 to Forty-Third Amending Agreement Description of New TIF/SBIF Areas
The following New TIF/SBIF Areas were created pursuant to the ordinances listed below.
on July 21, 1999: (1) "An Ordinance ofthe City of Chicago, Illinois Approving a Redevelopment Plan for the 24th/Michigan Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 24lh/Michigan Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 24"7Michigan Redevelopment Project Area", and
 
on May 29, 2002: (1) "An Ordinance ofthe City of Chicago, Illinois Approving a Redevelopment Plan for the 47th/Halsted Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the 47th/Halsted Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance ofthe City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 47lh/Halsted Redevelopment Project Area"; and
 
on September 27, 2007: (1) "An Ordinance of the City of Chicago, Illinois Approving a Redevelopment Plan for the 79,hA/incennes Redevelopment Project Area"; (2) "An Ordinance ofthe City of Chicago, Illinois Designating the 79th/Vincennes Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act"; and (3) "An Ordinance of the City of Chicago, Illinois Adopting Tax Increment Allocation Financing for the 79lhA/incennes Redevelopment Project Area."
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
10
 
 
EXHIBIT 2 to Forty-Third Amending Agreement Form of Counsel's Opinion
      , 2015
 
City of Chicago
Department of Planning and Development 121 North LaSalle Street Suite 1000
Chicago, Illinois 60602
 
RE:    Amending Agreement to Administrative Services Agreement (the "Agreement")
 
Ladies and Gentlemen:
I have acted as counsel for SomerCor 504, Inc., an Illinois not-for-profit corporation ("SomerCor"), in connection with the execution and delivery of the Agreement by and between SomerCor and the City of Chicago, acting by and through its Department of Planning and Development (the "City"). SomerCor has requested that this opinion be furnished to the City.
 
In so acting as counsel for SomerCor I have examined:
  1. an executed original of the Agreement;
    1. the Articles of Incorporation, including all amendments thereto, of SomerCor as furnished and certified by the Secretary of State ofthe State of Illinois;
    2. the By-Laws of SomerCor, as certified by the Secretary of SomerCor as of the date hereof; and
  2. the Certificate of Good Standing dated      , issued by the Office of the
Secretary of State of the State of Illinois, as to the good standing of SomerCor
 
In my capacity as counsel. I have also examined such other documents or instruments as I have deemed relevant for the purposes of rendering the opinions hereinafter set forth
I have also assumed, but have no reason to question, the legal capacity, authority and the genuineness of the signatures of and due and proper execution and delivery by the respective parties other than SomerCor which has made, executed or delivered or will make, execute and deliver the agreements and documents examined by me
I express no opinion as to (i) the laws of any state or jurisdiction other than the State of Illinois (and any political subdivisions thereof) and the United States of America, and (n) any matters pertaining or relating to the securities laws of the United States of America the State of Illinois or any other state
 
Based upon and subject to the assumptions and qualifications herein stated it is my opinion
11
 
 
that:
 
1. SomerCor is a not-for-profit corporation, duly organized and validly existing under the laws of the State of Illinois, SomerCor has made all filings required by the laws of the State of Illinois in respect of its formation and continuing existence, and has all requisite authority to carry on its business and to execute and deliver, and to consummate the transactions contemplated by, the Agreement.
  1. The Agreement has been duly executed and delivered on behalf of SomerCor, and constitutes a legal, valid and binding obligation of SomerCor, enforceable against SomerCor in accordance with its terms, except to the extent that enforcement of any such terms may be limited by: (a) applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) judicial and public policy limitations upon the enforcement of certain remedies including those which a court of equity may in its discretion decline to enforce
  2. There is no action, suit or proceeding at law or in equity pending, nor to my knowledge threatened, against or affecting SomerCor, before any court or before any governmental or administrative agency, which if adversely determined could materially and adversely affect the ability of SomerCor to perform under the Agreement or any of its business or properties or financial or other conditions.
  1. The transactions contemplated by the Agreement are governed by the laws of the State of Illinois.
  2. The execution and delivery of the Agreement and the consummation of the transactions contemplated thereby will not constitute:
  1. a violation or breach of (i) the Articles of Incorporation of SomerCor, (ii) the By-Laws of SomerCor, (iii) any provision of any contract or other instrument to which SomerCor is bound, or (iv) any order, writ, injunction, decree, statute, rule or regulation binding on SomerCor, or
  2. a breach of any of the provisions of, or constitute a default under or result in the creation or imposition of any lien or encumbrance upon any of the property of SomerCor pursuant to any agreement or other instrument to which SomerCor is a party or by which SomerCor is bound
 
6 No action of. or filing with any governmental or public body is required to authorize, or is otherwise required for the validity of, the execution, delivery and performance of any of the Agreement
 
This opinion is furnished for your benefit and may be relied upon by you and any such other party in connection with the Agreement but may not be delivered to or relied upon by any other person or entity without written consent from the undersigned
 
Very truly yours
 
 
 
12
 
 
CITY OT" CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
 
SECTION I -- GENERAL INFORMATION
  1. jLegaJ name of lie Disclosing Party submitting this BDS. Include d/b/a/ if applicable;
 
 
 
Check ONE ofthe following three boxes:
 
Indicate whether tho Disclosing Party submitting this EDS is:
  1. iM tho Applicant
  2. [] a legal onlily holding a dircot or indirect intorest in tho Applicant. Stato tho logal name of the
Applicant in which the Disclosing Parly holds, an interest: ,      .
OR
3.      [] a legal entitywith a tight of control (see Seotion II.B.L) State the logal name ofthe entity in
■which the Disclosing Parry holds a right of control:      
  1. Business address of fhc Disclosing Parly:
  1. TeIcphono:'3lSL'"SfeO"^^>   Fax:       -36.0 - 333^    Email: f^frXr,Kg> <4r*}?n'.&r*Cc>S<1
  2. Name of contact person:    DWlV) l*TrXn
  3. Federal Employer Identification No. (if you have one):      
  4. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project mimbcr and location of property, if applicable):
 
 
G. Which City agency or depnrtment is requesting this F.DS?T^r>K r>.P P/<xW/v^ <V\J XX^i/tkpraeA %~
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete-, the following:
 
Specification //
J^A      and Contract?/'
 
Vcr. 0J-0J-I2
 
 
 
Pace 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
[J Publicly rcgistctcd business corporation      [] Limited liability partnership
[ J Privately hold business corporation      [ 1 Joint venture
[] Solo proprietorship      M Not-for-profit corporation
[ ] Goneral partnership      (is tho not-for-profit corporation also a 501(c)(3))?
[] Limited partnership      []Yos l^No
□ Trust      $ Other (please specifv)
—6ol(0 CO      
2.      For legal entitles, the state (or foreign country) of incorporation or organization, if applicable:
 
 
3.  For legal entities not organized in the State of Illinois: Has the organization registered to do business in the Stato oflllinois as a foreign entity?
 
[JYes      []No ($N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1.  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 tiro no such members, writo "no members." For trusts, estates or other similar entities, list below the legal titlcholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below tlie name and title of each goneral partner, managing roembor, 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.
Nam© Title
$/>*. Artft^MPAf- V      
 
s^JSjt^.\-M^Kh^-^_      .      
 
 
2.   Plr.ose provide the folio wiit|; information concerning each porson or entity having n direct or indirect bejjeJjciaJ interest (inchiding ownership) jn excess of 7.5% of Die Disclosing Pmly. Examples of such iin interest include shares in a corporation, partnership inierest 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 entily. 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.
 
>Jorae      Business Address      Percentage Interest in the
Disclosing Party
 
 
 
 
 
 
SECTION HI - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Haj> the Disclosing Parly had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Codo, with any City elected official In the 12 months before tho date this BDS Is signed?
□ Yes ^[No
If yos, please identify below the name(s) of such City elected officials) and. describe such relationship^):
      ttyA.      
 
 
SECTION IV-DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
Tho Disclosing Parly must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom tho Disclosing Party h»3 retained or expeots to retain in connection witli the Matter, as well as the nature of tho relationship, and tho total amount of the fees paid or estimated to bo paid. The Disclosing Party is not required to disclose employees who arc paid solely through tho Disolosing Party's regular payroll.
 
"Lobbyist" means any person or entity who undertakes to Influence any legislative or administrative action on behalf of any peison or entity other than: (1) a not-for-profit enlily, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose dulios as an employee of another includes undertaking to influence any legislative or administrative action.
 
If tJic Disclosing Party is uncertain whether a disclosure is required under tin';: Sceliou, Ihe Disclosing Party must cither ask the Cily whether disclosure is required or make Ilie disclosure.
 
 
 
 
Page3 of i.3
 
 
Name (indicate whether    Business      Relationship to Disclosing Party   Fees (indicate whether
retained ov anticipated      Address      (subcontractor, attorney,      paid or estimated.) MOTE:
to be retained)      lobbyist, etc.)      "hourly rate" or "t.b.d." is
not an acceptable rosponso.
      m&      
 
 
 
(Add sheets if necessary)
Check here if the Disclosing Parly has notTetained, nor expects to retain, any auch persons or entities. SECTION V - CERTIFICATIONS
  1. COURT-ORDBRBD 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 oontraofg term.
Has any person who directly or indirectly owns 10% or more of tho Disolosing Party been deolcred in arrearago on any child support obligations hy any Illinois court of competent jurisdiction?
t ] Yes      [ ] No      m No person directly or indirectly owns 10% or moro of the
Disclosing Party.
If "Yes," has lhe person entered into a court-approved agrconicnt for payment of all support owed and is tho person in compliance with that agreement?
 
[ J Yes      (] No
  1. FURTHER CERTIFICATIONS
 
1. Pursuant lo Municipal Code Chapter 1-23; Artiolc I ("Article l")(which the Applicant should cousult for defined terms (e.g., "doing busihcs6") and legal requirements), if the Disclosing Tarty submitting this EDS is the Applicant and is doing business with tho 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, uny 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 find acknowledges (hut compliance with Article 1 js n continuing requirement for doing business with the City. NOTE: If Article 1 applies to the Applicant, the permanent compliance timeframe in Article 7 supersedes some fivc-ycar compliance timeframes in certifications; 2 and 3 below.
 
 
Page. 4 of 13
 
  1. The Disclosing Tarty and, if the Disolosing Porly is a legal entity, all of thoso persons or entities identified in Section II.B.l. of this EDS:
  1. 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;
  2. have not, within a fivc-ycar period preceding tho 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 contraol under a public transaction; a violation of federal or state antitrust statutes; fraud; embczzloment; theft; forgery; bribery; falsification, or destruction of records; making false statements; ox receiving stolen property;
  3. arc not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) wilh committing any ofthe offenses set forth in clause B.2.b. of this Section V;
  4. havo not, within a five-year period preceding the date of this BDS, had one or more publio transactions (federal, state or local) terminated for cause or default; and
 
c.  have not, within a five-year period preceding tbe date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil aorion, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or-any other unit of local government.
  1. The certifications in subparts 3» 4 and 5 oonoem:
    • the Disclosing Party;
  • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parly in conucctionwith thcMaltcr, including but not limited to all persons or legal entities disoloscd under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
  • any "Affiliated Entity" (meaning n pcrsou or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with tho 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 u business entity following the ineligibility of a business entity to do business with federal or stato or local government, including the Cily, using substantially the same mnnagemcnt, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity moans a poison or entity ihal diiectly or indirectly controls the Contractor, is controlled hy it, or, with the Contractor, is under common control of another person or entity;
  • any responsible official of Ihe Disclosing Party, any Contractor or any Affiliated Entity or any olher official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entily, acting pursuant lo the direction or authorization of u responsible official of the Disolosing Party, any Contractor or any Affiliated Entily (collectively "Agents").
 
Page 5 of 13
 
 
Neither the Disclosing Tarty, 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:
  1. bribed or attcmptod to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Cily, the State oflllinois, or any agency of tho federal government or of any state or local government in Ihc United States of Amorica, in that officer's or employee's official capacity;
  2. agreed or colluded with other bidders or prospective bidders, or been a party to any such agroomont, or been convicted or adjudged guilty of agreement or collusion among biddors or prospective biddors, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
  3. 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 conduot; or
  4. violated Uie provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
  1. Neltherthe Disclosing Patty, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, la barred from contracting with any unit of stato or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33B-4; or (3) any similar offense of any state or of the United States of Amorica that contains the same elements as tho offonso of bid-rigging or bid-rotating.
  2. Neithor the Disclosing Parly nor any Affiliated Entity is listed on any of tho following lists maintained by the Office of Foreign Assots Control of the U.S. Department of the Treasury or tlie Bureau of Industry and Security of the U,S. Deparlmont of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, tbe Unverified List, the Entity List and the Debarred List,
  3. The Disclosing Parly understands and shall comply with tho opplioablc requirement of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
  4. If the Disclosing Party is unablo to ccitify to any of lhe above statements in this Part B (Further Certifications), the Disclosing Party must explain bolow.
rV A
 
 
 
 
Page 6 of J 3
 
 
If the letters "NA," the word "Nono," or no response appears on the llno3 above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8.  To the best of tho Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any rimo during the 12-montb period preceding tho execution date of this BDS, an employee, or elected or appointed offioial, of tho City of Chicago (if none, indicate with "NM." or "none").
Moot  ~      - -
 
9. To tlie beat of the Disolosing Parly's knowledge after reasonable inquiry, tho following is a ooxnpiele list of all gifts that the Disolosing Parly has giYott or caused to bo given, at any lime during the 12-monlh period preceding the execution date of this EDS, to an employee, or elcoted or appointed official, ofthe City of Chioago. For purposes of this statement, a "gift" does not include; (i) anything made generally available to City employees or to the general public, oi (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"). Aa to any gift listed below, please also list tho name of the Cily recipient.
 
 
 
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
  1. The Disclosing Party certifies that tho Disclosing Party (check ono)
[ ] is      jv^is not
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
  1. If the Disclosing Party IS a financial institution, then the Disclosing Patty pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of tho Municipal Code. Wc further pledge that none ofour 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 lendor may result in the loss ofthe privilege of doing business with the City."
If (he Disclosing Party is unable to mn/cc this pledge because il or any of its affiliates (ns defined in Section 2-32-/l55(b) of tlie Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages jf necessary):
 
 
 
Page 7 of n
 
 
If Ihe loiters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to tho above statements.
 
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that arc defined in Chaplor 2-156 of tho Municipal Code have tho same meanings when used in this Part D.
  1. In accordance with Seotion 2-156-110 of tho Municipal Code: Does any official or employee of tho City have a fbianoial interest in his or her own name or In the name of any other person or entily in the Matter?
□ Yes j^No
NOTB: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Itom D.l., proceed to Part E.
  1. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no Cily elected official or employee shall have a financial interest in his or her own name or in tho name of any other person or entity in lhe purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (111) is sold by virtue of legal procoss at the suit of the City (collectively, "City Property 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?
[]Ycs ^No
  1. If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and idenlify tho nature of such interest:
 
Name      Business Addicsa      Nature of Interest
 
 
 
 
 
4. The Disclosing Party further certifies dial no prohibited financial interest in tho Matter will be acquiicd by any City official or employee.
 
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either I. or 2. below. II' Die Disclosing Party checks 2., the Disclosing Party musl disclose below or in an attachment to this F.DS all information requiied by paragraph ? Pailnic to
Page 8 of 13
 
 
comply with these disclosure requirements may make any contract entered into with the City in connection with the Mattor voidable by the City.
 
The Disclosing Party verifies thai 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 eta (including insurance policies issued to slaveholders thatprovided coverage for damage to or injury or death of Iheir slaves), and the Disclosing Party has found no such records.
 
      2. The Disclosing Parly verifies that, as a result of conducting tho search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifios that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records;
 
 
 
 
 
SECTION VT - CERTIFICATIONS FOR FEDERALLY .FUNDED MATTERS
NOTE; IT the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VTJ. Forpurposes of this Section VI, tax credits allocated by tho 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 Disolosuro Act of 1995 who have made lobbying contacts on behalf of tho Disclosing Party wilh respcul to the Matter: (Add sheets if ncecssury):
ZZZMa      ZZ      ZZZ ZZ
 
(If no explanation appears or begins on the lines above, or if tho letters "NA" or if the word "None" appoar, it will be conclusively presumed that the Disolosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of die . Disclosing Party with respect lo the Matter.)
2.  The Disclosing Party has not spent and will not expend any federally appropriated funds lo pay any person or entity listed in Paragraph A.I. above for his or hor lobbying activities or to pay any person or entity lo influence or attempt to influence an officer or employee of any agency, as dofincd by applicable, federal law, a member of Congress, an officer or employee of Congress, or an employee of a member ofCongrcss, in connection wilh (lie award of any federally funded coniiact, making any federally funded grant or loan, entering into any cooperative agreement, or (o extend, continue, renew, amend, or modify any federally funded contract, grant, Joan, or cooperative agreement.
Page 9 of 13
 
  1. The Disclosing Parly will submil an updated certification at the end of oach calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information sot forth in paragraphs A.l. ond A.2. abovo.
  2. The Disclosing Parly oertifios dial either: (i) it is not an organization described in section 502(c)(4) of the Internal Revenue Coda of 1986; or (ii) it is an organization desoribed in section
501(c)(4) of the Internal Rovenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
  1. If the Disclosing Party 16 tho Applicant, the Disclosing Party must obtain certifications equal in form and substance lo paragraphs A.l. through A.4. abovo itom all subcontractors before it awards any subcontract and the Disolosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must mafce such certifications promptly available to the City upon request.
 
 
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, fedoral 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?
^Yos [JNo If "Yes," answer tho three questions betow:
  1. Have you developed and do you have on flic affirmative action programs pursuant (o applicable federal regulations? (See 11 CPR Part 60-2.)
[]Yos [^No
  1. Have you filed witli 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
  1. Have you participated in any previous conlracts or subcontracts subject to the equal opportunity clause?
[]Yes p^No
If you checked "No" to question 1. or 2. above, please provide an explanation:
IWs 0>"pjrcJ-ia.A  ryV'S not" fawt, An <a,f-(-«.^yVi|iV< ,*<:At!.i   fioMtfc^ .
 
Page 10 of 13
 
 
SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
  1. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contraot or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and arc material inducements to the City's oxecutlon of any contract or taking other action with respect to tho Matter. Tho Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this BDS is based.
  2. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of tlie 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 lino at www.oityofchioago.orR/Ethics, and may also be obtained from the City's Board of Ethios, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
  1. If the City determines that any information provided in this EDS is false, incomplete or inaoourate, any contract or other agreement in connection with which it is submitted may bo rescinded or bo void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at low, or in equity, including terminating tho Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with tho City. Remedies at law for a false statement of material fact may include incarceration and an award to tho City of treble damages.
  2. It Is the City's policy lo make this document available lo the public on its Internet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments lo this BDS may be made available lo tho 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 uny possible rights or claims whioh it may have against tho City in connection with tho public release of infonnation contained in this BDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
B. The information provided in this EDS must be kepi current. In the event of changes, the Disclosing Party must supplement this BDS up to the time, (he City takes action on the Matter. If the Matter is a contract boing handled by the City's Department of Procurement Services, the Disolosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article 1 of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept cuncniTor a longer period, ns required by Chapter 1-23 nnd Scclion 2-154-020 of the Municipal Code.
 
The Disclosing Party represents and warrants Ihat:
Page It of 13
 
FJ.    The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor arc the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed lo the City. 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 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.1. and F.2. above and will not, without the prior written consent ofthe 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.
 
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.1., 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 ofthe 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.
So»\er (or %\C.
(Print or type name of Disclosing Party)
 
By:
(Sign hCre)
(Print or type name ofperson signing) (Print or type title ofperson signing)
 
7
at
(state).
 
Signed and sworn to before ine on,(dale) ^-I$j^u.&>^u',■ fc', ■x^-'/t
County, ''ty/it-bo $
 
< /'A
'li.
 
Commission e;\
OFFICIAL SEAL WINIFHbD OOWD
      Notary-Public - Slate ol Illinois
My Commission Expires M3y 10, 2016
p~feT»eS-'2>fl,',«l~
 
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
 
 
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
 
This Appendix is to he completed only by (a) the Applicant, ond (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to bo completed by any legal entity which has only an Indirect ownership Interest In the Applicant,
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a' Yamilial relationship1' with any elected city official or department head. A "familial relationship" exists if, as ofthe date flits EDS is signed, the Disolosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, tho 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, fatfaei<-in~IswJ mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-a'ster.
"Applicable Party" means (I) all executive officers ofthe Disclosing Party listed in Section R.BJ.a., if the Disclosing Party is a corporation; all partners of tlw Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of tho Disclosing Party, if the Disclosing Party ro a limited partnership; all managers, managing members and members of the DisclosingParty, if tiro Disclosing Party is a limited liability company, (2) all prinoipal officers of tho Disclosing Party; and (3) any person having more than a 7.5 percent ownership Interest in the Disclosing Party. 'Tjdncipal officers" means the president, chief operating officer, oxecutive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Docs tho 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?
 
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity lo which such person ie connected; (3) the name and title of the elected city official or department head to whom such person has n familial relationship, and (/I) the precise nature of such fnmllial relationship.
 
 
 
 
 
 
 
 
 
Page 13 of 13
 
 
• \   .   .        . A
 
Somercor 504, Inc. - Directors
 
 
 
Dan Lang
Memorial City Bank
Georgia Nordwall
Precise Group
David Frank
SomerCor 504, Inc.
Peter Stickler
Inland Bank
Charles Krawitz
Fifth Third Bank
Mike Hawley
NB&T
Lynn Dubajic
Yorkville Economic Devlopment Corp.
Joseph E. Shultz
Community Bank of Wheaton/Glen Ellyn
Jeff Scott
First Capital Bank
Jon Winick
Clark Street Capital Management
Greg Donahue
JP Morgan Chase
Scott Heiman
Sussex Financial Group. Inc.
Santiago Martinez
Gold Coast Bank
Michael Plumb
Lee & Associates of Illinois, LLC
Joseph Brocato
Pedersen & Houpt
Diana Daht
 
Steve Jaffe
Edot
Carrie Pohl
PNC
Officers
 
President
David Frank
Executive Vice President
Milan Maslic
Chief Credit Risk Officer
Eric Spokas
SBIF Director
Jacob Stern
Senior Vice President
David Sommers
Vice President
P. Mac Dobson
Vice President
Darin Gehrke
Vice President
Bill Kornit
Vice President
Paul Jastrzebski
Vice President
Carlie Dunteman
Secretary
Russel 1. Shapiro