SUBSTITUTE 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, the City is the owner of the vacant parcel of property located at 1433 West 45th Street, Chicago, Illinois 60609, which is legally described on Exhibit A attached hereto (the "Property"); and
WHEREAS, J. Guadalupe Mancilla (the "Grantee"), with a business address of 4506 South McDowell Avenue, Chicago, Illinois 60609, has offered to purchase the Property from the City for the sum of Fifteen Thousand Five Hundred and 00/100 Dollars ($15,500.00), such amount being Five Hundred and 00/100 Dollars ($500.00) over the appraised fair market value of the Property, to improve with landscaped open space thereon; and
WHEREAS, public notice advertising the City's intent to enter into a negotiated sale of the Property with the Grantee and requesting alternative proposals appeared in the Chicago Sun Times, a newspaper of general circulation, on January 10 and 17, 2018; and
WHEREAS, the Department of Planning and Development (the "Department") received an alternative proposal in response to the public notice from Rafael Brisuela of 1433 West 45th Street, Chicago, Illinois 60609, which offered to purchase the Property for Fifteen Thousand and No/100 Dollars ($15,000.00) to improve with landscaped open space thereon; and
WHEREAS, the Department has evaluated both proposals and has found that the proposal submitted by the Grantee to be in the best interests of the City; and
WHEREAS, pursuant to Resolution No. 18-011-21 adopted on February 15, 2018, by the Plan Commission of the City (the "Commission"), the Commission approved the negotiated sale of the Property to the Grantee; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City Council of the City hereby approves the sale of the Property to the Grantee for the amount of Fifteen Thousand Five Hundred and 00/100 Dollars ($15,500.00).
SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the Property to the Grantee. The quitclaim deed shall also contain language substantially in the following form:
This conveyance is subject to the express condition that: the Property is improved with landscaped open space within six (6) months of the date of this deed. In the event that the condition is not met, the City of Chicago may re-enter the Property and revest title in the City of Chicago. Grantee, at the request of the City of Chicago, covenants to execute and deliver to the City a reconveyance deed to the Property to further evidence such revesting of title. This right of reverter in favor of the City of Chicago shall terminate upon the issuance of a certificate of completion, release or similar instrument by the City of Chicago.
The Grantee acknowledges that if the Grantee develops the Property with a residential housing project, as defined under and that is subject to Section 2-45-115 of the Municipal Code of the City (the "2015 Affordable Requirements Ordinance"), the Grantee and such project shall be obligated to comply with the 2015 Affordable Requirements Ordinance.
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 inconsistent with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall take effect upon its passage and approval.
EXHIBIT A
Purchaser: J. Guadalupe Mancilla
Purchaser's Address: 4506 South McDowell Avenue
Chicago, Illinois 60609 Purchase Amount: $15,500.00 Appraised Value: $15,000.00
Legal Description (Subject to Title Commitment and Survey):
Lot 49 in Block 2 in S.E. Gross Subdivision of the Southwest % of the Southwest 1A of Section 5, Township 38 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.