Professional Documents
Culture Documents
100
101
102
103
Exhibit DR 1
104
105
106
107
108
Exhibit G.
109
110
111
112
113
EXHIBIT J
-1-
114
)
)
)
)
)
)
)
)
Footnotes to Table 1.
1.
All entities had a common purpose which was, and is, to obtain by illegal actions and fraudulent means DC Government contracts. Additional
specific purposes for each entity are added when appearing in Corporate documents of record.
2.
The Boyle, supra case places emphasis upon actual inter - workings of functions and activities of the individual entities, on a continuing
longevity basis sufficient to demonstrate a long-term viable operation amounting to a real overall objective of the RICO Enterprise via
co-operation . Such relationships are clear from these table taken as a whole. Boyle, supra eliminated the heightened standards and extra textual
requirements previous to Boyle required by some circuits (DOJ Manual at pg. 11, 1)
3.
The Court indicated that although a RICO enterprise must have some longevity "long enough to pursue a course of conduct, nothing in RICO
exempts an enterprise whose associates engage in spurts of activity punctuated by periods of quiescence." Id. (Extracted From DOJ Manual at
page 7, 2)
4.
Additionally, it is important to note what the Court stated was not required to establish an enterprise: a structural "hierarchy," "role
differentiation," a "unique modus operandi," a "chain of command," "professionalism and sophistication of organization," "diversity and
complexity of crimes," "membership dues, rules and regulations," "uncharged or additional crimes aside from predicate acts," an "internal
discipline mechanism," "regular meetings regarding enterprise affairs," an "enterprise `name,"' and "induction or initiation ceremonies and
rituals." 129 S. Ct. at 2245 (quoting Petitioner's Briefs and Oral Argument Transcript).
-1-
115
TABLE 1
ESTABLISHMENT OF THE EXISTENCE OF A RICO ENTERPRISE
This Table is prepared under the guidelines set forth in the Department of Justice Manual for Federal Prosecutors in Appendix III, (DOJ Manual)
following the Supreme Court Case of Boyle v. United States, 556 U.S. 938, 129 S. Ct 2237 (2009). Extracted from DOJ Manual, Id, pg. 4
Date
On or About
Jan 1, 2001
Entity
Jose
Rodriguez-CEO
On or About
Jan 1, 2001
Francisco R. Neto
On or About
Jan 1, 2001
Lewis Shrensky
Purpose
-and to manage an
enterprise
company
-and to manage an
enterprise
company
Relationships
Executive of Interlocking
Companies
FMCC, (Pres.,Board of
Directors or BD);
Civil Const. LLC (BD);
Anchor Const.(BD)
Rodriguez Family
Executive of Interlocking
Companies
Capitol Paving of DC
( Pres. Treas. BD);
FMCC, VP,BD;
Rodriguez Family
Executive of Interlocking
Companies
FMCC, (Treas. Sec.,BD);
Civil Const. LLC ( BD)
Longevity
> 39 years
Appointed
1974
Other
Explanation/Document-Reference
>25 years
-2-
116
1985
-and to manage an
enterprise
Florentino Gregorio
company
2002
Dora Rodriguez
(Cooper)
1987
Aurora Rodriguez
1985
Cristina R.
Gregorio,(Minton)
-and to assist
managing a
company and
silence Ms.
Gallardo
-and to manage an
enterprise
company
-and to manage an
enterprise
company
Executive of interlocking
companies
Anchor Cont ( Pres. Sec)
Rodriguez Family
Executive of interlocking
companies
Hawk Enterprises
Rodriguez Family
Executive of interlocking
Companies. Member
Board of Directors
Executive of interlocking
companies
>20 years
.>12 years
>20years
>20 years
- and common
owners lease
property to RICO
Enterprise
owners Shrensky,
Rodriguez and Neto
10 years at
least since
2004
1974 to
present
-and to perform
contracts
Interlocking company by
execs. and family
1974-pres
>39 years
< 25 years
Investors( Partners)
On or About
Jan 1, 2001
Fort Myer
Construction
Anchor
Construction,
Formerly C&F
Construction.
-and to share
personnel and
equipment 5
Interlocking company by
execs. and family
-4-
117
On or About
Jan 1, 2001
On or About
Sept 13, 2000
On or About
Jan 1, 2002
On or before
Jan 1, 2008
Capitol Paving of
DC
Civil Construction
LLC, formerly
FMC Civil
Hawk Enterprises.
-and to perform
contracts
Interlocking company by
execs. and family
-and to perform
contracts
Interlocking company by
execs. and family
-and to perform
contracts a shell
company when
FMCC debarred
Interlocking company by
execs. and family: Dora
Rodriguez
-and to provide
CNA Financial Corp. bonds enabling
dba CNA Surety
firms to bid
On or before
Jan 1, 2004
RICO Enterprise
On or About
May 14, 2009
-lease property to
Anchor
Anchor
Development of DC
LLC
Insurance provider to
RICO Enterprise
companies
>25 years
From at
least 2004
>20 years
Exhibit S2 pg
DCLLC Company which leases property
to Anchor
-4-
118
119
20 2005B0019LS
21 KA2005B0044JJ
22 KA2005B0029LS
23 KA2006B0008JJ
24 KA2004B0020CB
25 KA2006B0002VH
26 KA2006B0099JJ
27 KA2006B0012JJ
28 KA2007B0033
29 POKA-2005-C-0031-CB
30 KA2006B0013
31 KA2007B0137
32 KA2007B0121
33 KA2008B0098
34 2008B0104
35 DCKA2009-B-0025
36 DCKA2009-B-0183
37 DCKA2008-B-0120
38 DCKA2009-B-0100
39 DCKA2009-B-0092
40 DCKA2009-B-0193
7/10/2006
9/6/2006
10/3/2006
10/4/2006
10/17/2006
1/11/2007
3/21/2007
7/12/2007
7/20/2007
8/20/2007
2/25/2008
4/9/2008
6/10/2008
7/2/2008
8/18/2008
3/18/2009
7/29/2009
8/28/2009
9/18/2009
9/22/2009
-6-
120
Exhibit K
121
The second column in the following table contains the Company or Name of the Individual who
Plaintiffs allege have committed an alleged Criminal Act by signing and/or filing and or approving a
false Non-Collusion Affidavit. (Plaintiffs submit that each false non-collusion affidavit filed with the
District of Columbia bidding officials is a criminal violation involving perjury and or uttering and/or
Common Law Fraud as well as a RICO enterprise act by each signatory of each such false non-collusion
affidavit.) Accordingly, each bidder is listed following first by Individual and/or Company Name,
associated with that particular invitation for bid (IFB). Accordingly, for each false IFB
every person or Corporation participating in that deceptive sworn event has in fact performed a
criminal act within the definitions of the Federal and State law as Ordered to be particularized by the
Court.
1
122
Violations
(see Endnote No. 1 for
applicable Statutory or
Common Law definitions)
Item
2
3
4
5
6
7
8
9
10
11
12
13
14
Date, (on
or about)
Location
Jose Rodriguez
Supporting
Exhibits
(NON-Collusion
Affidavits) and
(Gallardo
Testimony)
referenced
immediately
forgoing.
IFB 080020
IFB 090080
IFB 0900201
DCKA-2013-B-0029
8/19/2008
3/24/2009
4/1/ 2009
3/18/2013
IFB 080020
IFB 090080
IFB 090020
DCKA-2013-B-0029
8/6/ 2008
3/ 25/2009
4/1/ 2009
3/18/2013
IFB 0800201
IFB 0900201
IFB 0900801
8/19/2008
4/1/ 2009
3/25/2009
IFB 080020
IFB 09080
DCKA-2013-B-0029
8/19/2008
3/24/2009
3/18/2013
Exhibit NC1, pg 12
Exhibit NC1, pg 4
Exhibit NC1, pg 3
IFB 080020
8/ 6/2008
Exhibit NC1, pg 11
21
IFB 090020
4/ 1/2009
Exhibit NC1, pg 6
22
DCKA-2013-B-0029
3/15/2013
Exhibit NC1, pg 2
IFB 080020
IFB 090080
IFB 090020
DCKA-2013-B-0029
8/19/ 2008
3/ 25/2009
4/1/2009
3/18/2013
Exhibit NC1, pg
Exhibit NC1, pg 9
Exhibit NC1, pg 5
Exhibit NC1, pg 1
15
16
17
18
19
20
23
24
25
26
27
Exhibit NC1, pg 12
Exhibit NC1, pg 4
Exhibit NC1, pg 7
Exhibit NC1, pg 3
Francis R. Neto
DCWASA Bid Room DC
DCWASA Bid Room DC
Exhibit NC1, pg 13
Exhibit NC1, pg 9
Exhibit NC1, pg 5
Exhibit NC1, pg 1
Lewis Shrensky
DCWASA Bid Room DC
DCWASA Bid Room DC
Exhibit NC1, pg 10
Exhibit NC1, pg 7
Exhibit NC1, pg 8
Fort Myer
Construction Co.
DCWASA Bid Room DC
Anchor Construction
Capitol Paving of DC
DCWASA Bid Room DC
DCWASA Bid Room DC
2
123
8/18/ 2008
4/1/ 2009
3/ 25/2009
IFB 080020
DCKA-2013-B-0029
IFB 090020
8/ 6 2008
3/15/2013
4/ 1/ 2009
8/ 6 2008
4/ 1/ 2009
3/15/2013
Exhibit NC1, pg 10
Exhibit NC1, pg 7
Exhibit NC1, pg 8
Exhibit NC1, pg
Florentino Gregorio
DOT Bid Room DC
DCWASA Bid Room DC
Exhibit NC1, pg 11
Exhibit NC1, pg 2
Exhibit NC1, pg 6
Cristina R. Gregorio,(Minton)
IFB 0800201
IFB 0900201
DCKA-2013-B-00291
41
42
43
Exhibit NC1, pg 11
Exhibit NC1, pg 6
Exhibit NC1, pg 2
44
45
3
124
Est. Date
01-0160-AA-2-0-KA
2001
01-0098-AA-2-0-KA
2001
00-0171-AA-2-0-KA
3/7/2002
01-0134-AA-2-0-KA
3/14/2002
02-0045-AA-2-0-KA
3/27/2002
01-0157-AA-2-0-KA
4/17/2002
02-0037-AA-2-0-KA
4/18/2002
02-0024-AA-2-0-KA
5/5/2002
KA2004B0010JJ
5/12/2004
10
KA2003B0070JJ
7/27/2004
11
KA2004B0018JJ
12/15/2004
12
POKA2004B0026VH
4/5/2005
13
KA2003B0073JBW
5/5/2005
14
2003B0074FH
5/26/2005
15
KA2005B0016LS
7/8/2005
16
POKA-2004-B-0044-CR
10/13/2005
17
KA2005B002JJ
18
KA2005B0015LS
19
KA2005B0030-FH
4/19/2006
20
2005B0019LS
7/10/2006
21
KA2005B0044JJ
9/6/2006
22
KA2005B0029LS
10/3/2006
23
KA2006B0008JJ
10/4/2006
24
KA2004B0020CB
10/17/2006
25
KA2006B0002VH
1/11/2007
26
KA2006B0099JJ
3/21/2007
27
KA2006B0012JJ
7/12/2007
28
KA2007B0033
7/20/2007
29
POKA-2005-C-0031-CB
8/20/2007
30
KA2006B0013
2/25/2008
31
KA2007B0137
1/24/2006
4/5/2006
4/9/2008
4
125
KA2007B0121
6/10/2008
33
KA2008B0098
34
2008B0104
8/18/2008
35
DCKA2009-B-0025
3/18/2009
36
DCKA2009-B-0183
7/29/2009
37
DCKA2008-B-0120
8/28/2009
38
DCKA2009-B-0100
9/18/2009
39
DCKA2009-B-0092
9/22/2009
7/2/2008
5
126
Bribery
Code:
2002
DC
2003
DC
Washington Post
Article
Washington Post
Article
6
127
RICO
Enterprise
Death Threat
Violation:
Date, (on or
about)
Location
Supporting Exhibit
Exhibit V1 Photos
Exhibit V2 NHST Admin
9/21/2012
Deanwood, DC
Summer Fall
2012
Exhibit V1 Photos
Exhibit V2 NHST Admin
July- August
2012
Witness:
Wayne Greenwich
8/23/13
DuPont Circle, DC
2/27/2010
Comment
NOTE: Evidence exists in the form of photographs and supporting testimony for all of the above.
7
128
Exhibit L
129
Gallardo: Fort Myer [FMCC] obviously is [at] the top, so to speak. From Fort
Myer, five companies...operated kind of from the same money, which was DC
-1130
Line, Hawk Enterprises, C&F Construction...[and] FMC Civil, which is now Civil
Construction....FMC [Civil] changed their name because...of the debarment
troubles that Fort Myer was having....
Charlton: And how do you know that?
Gallardo: Um, the articles of incorporation. When [I] originally came on board, it
was around the time that the divorce was happening....
Charlton: Okay. Now, what other companies were involved in this at that time?
Gallardo: Uh, FMC [Civil] at the time, which is now Civil Construction, Hawk
and Fort Myers estimators did our numbers for those bids.
Charlton: So, Hawk turned in a bid; Fort Myer turned in a bid. Then they
2collaborated together?
Gallardo: Well, Fort Myer could not bid at that time. They were debarred,
remember? They just did the leg work of the numbers and the estimating...
Charlton: Did you see the C&F people in the room at the same time, discussing
the bid?
Gallardo: Um, no. The courier....Uh, Fort Myer had a courier, and his route was to
give us the same package....
Charlton: So, the courier from Fort Myer picked up the stuff at Civil and delivered
it to you?
Gallardo: Yes. (Various pages, April 9, 2012 recorded transcript from tape
recorded attorneys work product of that evening).
-3132
EXHIBIT O
Jose Rodriguez
XTX 2007 Jose Rodrigues
XTX 2007 Francisco Rodrigues Neto
XTX 2007 Lewis Shrensky
XTX 2007 Lewis Shrensky
Ref
AI
AI
AI
Christopher Kearns
Ref
SLBDC
CA 1974 Florentino Gregorio
CA 1974
CA 1974
CA 1974 Florentino Gregorio
AI
AI
AI
AI
AI
Lewis Shrensky
Jose Rodriguez
Dora Rodriguez (Minton)
Lauren Shrensky
Jason Shrensky
MGR
AI
`
Source: Articles of Incorporation and Public Tax Documents Filed with the District of Columbia Government
* Relationships: Francisco Rodrigues Neto
i Jose Rodriguez - Brother to Francisco Rodrigues Neto
** Relationships: Jose Rodriguez
ii Francisco Rodrigues Neto Brother to Jose Rodrigues
***
iii
iv
v
133
Exhibit P-1
134
135
136
137
138
EXHIBIT S - 1
Fort Myer
Department of Small and Local Business
Development Applications
Excerpts
139
PrintReport
Page 2 of 12
Department
rE~i(jenceof Ab-U-lty-io"Qualify-'-NOT
LBE
QualifY-for
Development
~~-rt:W-~~~g~~.s~6"i.l~ie~Gfif!_a!ig-I~
__ --- ...------------------.-
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.....---- ...,
_-_.,. -
_-.-. .
1st: More
L'J More
![} More
L?J More
A current DC Lease Amendment, Certificate of Occupancy for the current DC address, FY 2010 & 2009 DC SUB
Corporation Business Franchise and FY 2010 & 2009 Federal S Corporation Tax Returns because September ends the
company's fiscal year.
_--._ _ .._
..............................
i
N/A
l-----+------I ROB
i
j
~
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------ ---------.------
! N'A
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._._._,,
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39.00
# of Continuous Years in DC
From;
..
Li VO-S"-
I
! .--:-:-=---+!
2/14/1974
To
OCR/>.
Verification
of Tax Filings:
21
years in DC
From:
~w '.,,_
, _
h _
__
~_."_.
2/812013
of Business RegistrationfLicense:
._._.m...'....._...._ ..
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yrs.
verttication
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._._.j_,
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LME
" -----..-..--.."-----j
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----
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To:
12/31/2010
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----- - ..---'
IEvidence of
to
(including documentation of residency & minority
[status, review of driver's license, personal & business tax returns, stock certificates, personal
i~!:'.~.t1-(;~:>..:.
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: % Owned!
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.
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http://lsdbe.dslbd.dc.gov/application/Reports/ReportPage9.aspxEXHIBITS1,PG
002
2/15/2013
141
Page 8 of 12
Department
I:nr<
of Management
M",,. r-
Development
REPORT
and Control
Based on:
i[~j
li}
Site Visit/Date
Other
(Y.j
2/8/2013
Review
Documentation
! Areas.::
ISite Visits
I responseto
to HdQtr.
'
Yes
-:c>
The site visit reveals that the firm's principal office is physically located in the District of Columbia (describe below)
l't:J}
The offices of the firm's principal owners are located at the location (describe below)
(~
The record reflects that the firm has office locations in other jurisdictions
.,
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business.
. , (Please expound on any of the above items and/or discuss other issues of importance)
..-.------
Fort Myer Construction Corporation is owned and operated by two (2) applicants (1) MD, (1) VA resident. The business
does qualify for CBE certification. Mr. Jose Rodriguez and Mr. lewis Shrensky are qualified, control the highest
positions in the company and have over a combined seventy (70) years of Construction Consulting. Construction & Project
Management, Maintenance & Repair Services. Installation and Removal Services experience.
http://lsdbe.dslbd.dc.gov/application/Rcports/RepoliPage9.aspxEXHIBITS1,PG
003 2115i2013
142
liIi!iI0nstruction
Corporation
Corporation
Virginia
2237 33RD STREET NE
WASHINGTON
DC
20018-1594
Jose Rodriquez
President
(202) 636-9535
fortmyer@fortmyer.com
Secondary Contact:
Contact Title:
Contact Phone:
Contact Email:
Lewis F. Shrensky
Executive Vice President
(202) 636-9535
Ishrensky@fortmyer.com
Business
Business
Business
Business
(202) 636-9535
(202) 526-8572
fortmyer@fortmyer.com
fortmyer@fortmyer.com
Phone:
Fax:
Email:
Website:
100.00 %
Gross Receipts
FY10-Citywide Pavmt
Prime
Amount
05/01/2012
Date Completed
Prime
Bridge Restoration
$9,395,445.89
04/16/2012
Prime
RoadlSidewalk/Lighting
$3,345~02.44
11/05/2012
143
Owner Name
Jose Rodriguez
Home Address
Phone
(703) 821-1557
Is Citizen?
Yes
# Shares
% Owner
Initial $
4,528
51%
(301)299-4725
Yes
4,350
49%
Stock Class
McLean, VA 22101-2203
Lewis Shrensky
Common
Potomac, MD 20854-1317
Board of Directors Director Name
Rodriguez, Jose
Step 4
Home Address
Home Phone
Title
President
Date Appointed
02/11/1974
EVP/SecretaryfTresurer
02/11/1974
Director
11/02/1987
Director
11/02/1987
McLean, VA 22101-2203
Lewis Shrensky
Potomac, MD 20854-1317
Aurora Rodriguez
McLean, VA 22101-2203
Barbara Shrensky
Potomac, MD 20854-1317
144
Step 5
Operational
President
Function
Date Appointed
02/11/1974
McLean, VA 22101-2203
Lewis Shrensky
Exec VP/Sec'yrrreasurer
02/11/1974
10/14/2002
10/01/1991
06/07/2001
10/01/1991
Assistant Secretary
10/01/1991
06/08/2009
06/08/2009
06/08/2009
06/08/2009
06/08/2009
Potomac, MD 20854-1317
John Hamilton
Silver Spring, MD 20902
Christopher
Kerns
Washington,
DC 20008
Ralph Kew
Chantilly, VA 20151
Thomas Mero
Alexandria,
VA 22309-2633
Alexandria,
VA 22309-2633
Sharon Alukonis
Manuel E. Fernandes
Falls Church, VA 22043
Henrique Fernandes
Arlington, VA 22207
Michael Holland
Ellicott City, MD 21045
Mario DeSousa
Laurel, MD 20707
Jack Cunha
McLean, VA 22101
Bonding Information
- Step 6
Bonding Company Name:
Bonding Company Address:
Bonding
Bonding
Bonding
Bonding
Bonding
Company Specialties:
Company Phone:
Company Fax:
Contact Person:
Limit:
(410) 720-3871
(410) 720-3260
--
License Number
ECC900368
2701 015396A
EB6322
69009132
15567748
F034
Business Information,
NIGP Codes, and Trade Divisions
Describe the business' primary line, trade, or service:
Construction
Expiration Date
11/30/2013
08/31/2012
04/19/2014
09/30/2013
04/30/2013
05/31/2013
Authorizing Entity
District of Columbia
Virginia
Montgomery County
DC Government
State of Maryland
State of Virginia
Step 8
Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
745-00-00
ROAD AND HIGHWAY BUILDING MATERIALS (ASPHALTIC)
909-76-00
Site Work (Incl. Site Clean-Up)
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
912-32-64
REMOVE AND RESET EXISTING STREET LIGHTS.
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-13-00
Construction, Bridge and Drawbridge (Includes Reconstruction/Rehabilitation)
913-27-00
Construction, Highway and Road
145
Construction,
Reconstruction)
, Maintenance
Maintenance
Concrete
Masonry
Vehicles
(Including
Emergency
Step 9
"
move?
"
stock shares?
5. Have there been any changes in the ownership or control of the business enterprise?
"
"
"
I'
I'
enterprise
i"-
previously worked and/or is it currently working on any contracts with the District of Columbia?
have any other locations related to this business (i.e., storage/warehouse)?
I'
12. Does the business enterprise have any other affiliated entities (e.q. parent company, subsidiary, etc.)?
13. Does the business enterprise currently hold any other certifications (e.g. SBA, MOOT, MWAA, WMATA, NMSDC, WBENC,
VDOT, etc.)? If yes, please provide the certification number and expiration date.
Certified By Certification Number
Expiration Date
146
2.
3. Establish the company's eligibility for certification under the Small, local, and Disadvantaged Business Enterprise Development and
Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 OCR 7503).
Title:
Date:
of
;~7[)A'1 day of
----~+=~=------------------------
);towit:
;Y\
\0 f.s
by
who is well known to me as the person who executed tile foregoing affidavit and who acknowledged tile same to be his/her free act and deed.
Notary signature:
I/?tf/!tf) {,<_/"C.
KELUHOWE
Notary PubHc. District of ColumbIa
~.~yCommission
ExpiresOctober3'l,2013
My commission expires:_
{;C;f-()b~.r".3!.~?0!?
PG 008
147
148
REALTY LEASE
nns LEASE,
made this Ist day of October, 2004, by and between SRN INVESTORS,
107081Joiantre
Potomac, Maryland 20854 (hereinafter called "LESSOR") and FORT MYER CONSTRUCTION
CORPORATION of2237. 33rd Street, N.E., Washington, D.C 20018 (hereinafter called "LESSEE").
LOIlC,
WITNESSETH
I.
LESSOR hereby leases to the LESSEE and the LESSEE does hereby lake, upon the
covenants and agreements herein contained, the premises known as 2237 - 33rd Street, N.E., Washington,
D.C, including an office building oj approximately 12,512 square feet, a maintenance facility of
approximalely6,600squarejeet
andyard spacefor storage ofapproximately ] 54,338 square feet, to be used
for the term, at the rental, and upon the provisions and agreements hereinafter set forth.
2.
The term of this Lease shall commence on October 1.2004, and terminate on September 30,
2009.
3.
LESSEE covenants and agrees to pay the LESSOR as the fixed rent for the demised premises
during the-original term hereof the sum of Forty-Seven Thousand, Eight Hundred Sixty-Five Dollars
($47,865;00)per month, payable in advance on the first day of each month commencing October 1, 2004.
4.
TIle LESSEE herewith deposits with the LESSOR and the LESSOR acknowledges the
receipt of$ -- NIA -. as earnest monies for the secure performance of the LESSEE's covenants, obligations
and responsibilities contained in this Lease. As such a deposit, these monies shall not accrue interest. These
monies may be applied at the option of the LESSOR, in whole or in part 10 any rent payment or to satisfy
any breach of any covenant herein contained. These monies shall be returned to the LESSEE upon the
satisfactory fulfillment of all the covenants herein contained.
5.
The LESSEE further covenants and agrees to payor cause to be paid 100% of the utility
charges, including electricity, gas, water, sewer and trash removal incurred in operating the properly on
whichthe premises are located, as well as all real estate taxes assessed against the property.
6.
LESSEEshaIl not assign, sublet or encumber this Lease or any part thereof without the prior
written approval of the LESSOR in each instance. In any event, notwithstanding such assignment and
consent by the LESSOR, the LESSEE shall be responsible for the full and complete performance of all
obligations on thepart of the LESSEE to be performed hereunder as herein specifically provided for.
7.
Throughout the term of this Lease, LESSEE, at its own cost and expense, shall keep all
property covered by this Lease insured in an amount equal to the full replacement cost thereof against loss
or damage by fire or casualty and other risks covered by extended coverage insurance. lf the demised
property or any part thereof shall be destroyed or damaged in whole or in part by fire or other casualty,
lncluding anycasualtyforwhich
insurance of any kind or nature, ordinary or extraordinary, was not obtained
or obtainable, LESSEE, at its own. cost and expense (whether or not such damage or destruction shall have
been insured, and whether or not such insurance proceeds, if any shall be sufficientfshall repair, alter, restore
and replace the demised property at least to the extent of the value and as nearly as possible to the character
of the demised property immediately prior to such occurrence, or at the option of the LESSOR, this Lease
shall terminate,
8.
LESSEE agrees, at its cost and expense, to keep the demised premises in good order and
repair and not to do or permit any act which contravenes any policy of insurance. Both LESSOR and
LESSEE agree to comply with all laws, ordinances and regulations of public authority.
9.
The LESSOR shall not be responsible or liable for any damage or injury to any property,
fixtures, furniture or decorations, or to any person or persons, at anytime, in the demised premises, resulting
from gas or electricity or from water, ice, rain or snow, whether the same may leak into, issue or flow from
any part of the demised premises or from the pipes, plumbing work, or from any other place or quarter; nor
shall the LESSOR be in any way responsible or liable in case of an accident or injury to the LESSEE or to
any of the LESSEE's servants, employees, agents or visitors in or about the demised premises.
10.
TIle receipt of rent by the LESSOR, whether originally reserved or that which may be
payable under any of the covenants or agreements herein, or any part thereof, sb~Il not b~ deemed to oper~te
as a waiver of the right of the LESSOR to enforce the payment of rent of any kind previously due or which
may thereafter become due or which may thereafter become due, or to forfeit this Lease by such remedies
as may be appropriate, or to terminate this Lease or the exercise of any of the rights and remedies reserved
to the LESSOR hereunder; and also the failure of the LESSOR to enforce any covenant or condition as to
]
149
which the LESSEE shall be guilty of a breach, or he in default, shall not he deemed to void the right of the
LESSOR to enforce the same or any other covenants and conditions on the occasion of a subsequent breach
?r default. No waiver or co~sent of the LE~~OR or its successors and assigns given hereunder in any
mstance shall .operate as II waiver of any proVISIOnof this agreement, except for that instance alone.
11.
The Lease is subject to any and all mortgages or deeds, of trust affecting the demised
premises on the date hereof. It is hereby covenanted by thc"LESSEE that if at anytime the LESSOR desires
financing of the demised premises and gives a mortgage or mortgages or deeds or deeds of trust securing a
loan or loans on the demised premises and the lender or lenders shall require as a condition to making such
loan or loans that this Lease be subordinated to such lien or liens, LESSEE agrees thaI it will, upon being
requested to do 50, sign and deliver such papers as may be necessary to subordinate this Lease to such lien.
J 2.
In the event LESSEE shall be adjudicated 3 bankrupt or insolvent, or if the LESSEE shall
make a general assignment for the benefit of creditors, or do any act which would terminate its business, or
if a receiver or trustee shall be appointed to take charge of and wind up LESSEE's business, than in any of
such events this Lease and the tenancy hereby created shall, at LESSOR's election, immediately cease and
terminate, and the rent shall be paid to the date of such event and the LESSOR shall have the right to
immediately re-enter and take possession of the premises.
13.
The LESSEE shall be held in default of the payment of rent provision of this Lease if any
rent is past due inexcess often (I 0) days, Upon the happeningof such a default, the LESSOR shall give the
LESSEE notice ofthe default and the LESSEE shall vacate the premises within 72 hours of such notice. The
LESSEE agrees that failure to allege in writing any defense prior to receiving the written notice of his default
of the payment of rent provision shall be deemed
a waiver of any defense that the LESSEE may allege.
as
14,
lfthe LESSEE shall default in any installments of rent as and when the same may become
due, the LESSOR shall he entitled to relllove the LESS~Efrom-the premises by summary proceedings, or
any other-lawful manner..and to repossess and enjoy said premisestogether with all additions, alterations
and improvements thereon; and .inthe event of the d'efauh of the LESSEE in the performance of any
covenants.conditions or provisionsherein contained. the LESSOR shall have, and is hereby given, the right,
at its option, 10 perform or cause such covenants andconditions to be performed at the LESSEE's expense,
forthwith to terminate thisLease, and the term hereby granted and all the right and interest of the LESSEE
herein shall thereupon terminate; and the'LESSOR shall' be entitled to re-enter and repossess tile said
premises, together withall additions and improvements thereon, and to remove the LESSEE by summary
proceedings or in any other lawful immner.lniiny event, LESSEE shall remain responsible for the payment
of rent for the remaining term of this Lease and for such'expenses as LESSOR may incur for attorney's fees,
brokerage.fees and placing said ,premises in go~,r~Uible
condition.
15.
Ifat any time during the term of this Lease the demised premises shall be condemned Or
taken for public use under the. power of eminentdomain or conveyed by the LESSOR to any governmental
authority pursuant to a threatened or Jmmmcntcondemnatlon ortaking under power of eminent domain, this
Lease shall fully-cease ami te!mil1at~ as of thedate of such taking, condemnation or conveyance, in which
event the full ,proceeds Of anyawardor
considerationpaid by thegovernmental authority in connection
therewith shall belong.to and !11Ily'bll'retained by the LESSOR. The LESSEE shall have no right whatsoever
to share in any such award or consideration so paid, and thcLESSEE shall assign to the LESSOR any award
that may bemadeto it,
16.
The LESSOR grants to the LESSEE all Tights to peaceful occupancy of the property. The
LESSOR reserves the right to enter said premises for the purpose of property inspection to determine the
LESSEE'ssatisfaetory
compliance with all the covenants, obligations and responsibilities herein contained.
. 17.
The~E~SEE shall give the LESSOR 30 days advance written notice prior to the termination
of this lease of his intention to vacatethe premises ntthe termination of tile term of this Lease. Failure to
give such notice will.be construedas evidence of the LESSEE's intention to continue in possession of the
property. ,At the option of the LESS()~, the LESSEE may be allowed to keep possession as a month-tomonth tenant. Upon receipt of notice' to vacate/the LESSOR may enter the premises for the purpose of
showing the property to prospective tenants.
18.
The LESSEE agrees to surrender to the LESSOR possession of the demised premises upon
the expiration or extension of this Lease, or its termination in any other manner, in substantially as good
condition and repair as the same shall be at the commencement of said term, loss by fire or other casualty,
defaults inherent in construction, ordinary wear, decay and depreciation excepted.
19.
This instrument embodies all the agreementsbetween
the parties hereto in respect to the
premises hereby leased, and no oral agreements shall be held to affect the provisions hereof, All subsequent
changes and modifications to be valid shall be by written instrument executed by the LESSOR and LESSEE.
150
This agreement shall be construed under the laws of tile District of Columbia.
20.
All rent and other payments required to be made by the LESSEE herein shall be paid to the
LESSOR at J 0708 Balantre Lane, Potomac, Maryland 20854. or at such other place as LESSOR may from
time (0 time designate in writing.
21.
All notices required or desired 10 be given hereunder shall be in writing and sent by
registered or certified mail, and the date of depositing any notice in the United States Post Office shall be
taken as the date of giving thereof. Notices to the LESSEE shall be addressed to LESSEE at 2237 - 33rd
Street, N.E., Washington, D.C. 20018. Notices to the LESSOR shall be addressed to the place where rent
is then payable hereunder. Either party may, from time to time, by written notice (0 the other, change the
place where notices to it shall thereafter be addressed.
'Yl
The covenants, provisions, and the agreements herein contained shall in every case apply
to, be binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors, and assigns, with the same force as if mentioned in each instance where a party is named, but
no assignment or sublease in violation of provisions of this Lease shall vest in such assignee or sublessee
any right or title in or to the leasehold estate hereby created.
IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease to be signed and
sealed and acknowledge and deliver these presents as their acts and deeds, all as of the day and year first
hereinabove written.
,\llTNESS:
LESSOR:
WITNESS:
LESSEE:
FORT MYER CONSTRUCTJON
CORPORATION
151
5 14
Address L2
HYATTSVILLE PG MD 20785
CAPITOL HEIGHTS MD 20743
STERLING VA 20164-2526
HYATTSVILLE MD 20784
HYATTSVILLE MD 20783
TEMPLE HILLS MD 20748
WASHINGTON DC 20018
WASHINGTON DC 20009
HYATTSVILLE MD 20781
HYATTSVILLE MD 20785
WASHINGTON DC 20011
NEW CARROLLTON MD 20784
BLADENSBURG MD 20710
WASHINGTON DC 20011
ALEXANDRIA VA 223061201
WASHINGTON DC 20009
STAFFORD VA 22556
ALEXANDRIA VA 22309
CHESAPEAKE BEACH MD 20732
WASHINGTON DC 20032
LANHAM MD 20706
WASHINGTON DC 20011
ALEXANDRIA VA 22305
WASHINGTON DC 20011
PORT TOBACCO MD 20677
UPPER MARLBORO MD 20774
HAYNESVILLE VA 22472
ANNAPOLIS MD 21403
HYATTSVILLE MD 20782
MT RAINER MD 20712
HYATTSVILLE MD 20782
WASHINGTON DC 20011
SILVER SPRING MD 20901
ADELPHI MD 20783
WASHINGTON DC 20002
SILVER SPRING MD 20906
FREDERICKSBURG VA 22401
WASHINGTON DC 20019
OLNEY MD 20832
WASHINGTON DC 20009
GLEN BURNIE MD 21061
FORESTVILLE MD 20747
SUITLAND MD 20746
WASHINGTON DC 20019
LANDOVER HILLS MD 20784
NEW CARROLLTON MD 20784
BRENTWOOD MD 20722
Washington DC 20001
WHEATON MD 20902
WASHINGTON DC 20001
WASHINGTON DC 20011
CLINTON MD 20735
ARLINGTON VA 22204
WASHINGTON DC 20011
HYATTSVILLE MD 20785
BRENTWOOD MD 20722
TEMPLE HILLS MD 20748
CAPITOL HEIGHTS MD 20743
WASHINGTON DC 20001
STAFFORD VA 22555-0524
MT. HOLLY VA 22524
BRENTWOOD MD 20722
BRENTWOOD MD 20722
14 - 14
EXHIBIT S -2
154
Page 1 of 3
The information in this report is only valid as of the date above. This listing is dynamic with new companies being added and existing companies
expiring on a regular basis.
Roadway construction, utility and water sewer, sidewalks, curb & gutters, etc.
Florentino Gregorio
Florentino Gregorio
2254 25th Place NE, Washington, DC 20018
(202) 269-6694
(202) 529-3144
certifications@anchorconst.com
www.anchorconst.com
8/7/1985
Corporation
5
Certification Information
Expire:
1/15/2016
CBE Number
LX86374012016
Preference Points:
7 (2 for LBE; 5 for LRB)
NIGP Codes
Code
906-38-00
913-19-00
91 3-27-00
91 3-36-00
913-45-00
913-47-00
913-50-00
913-56-00
913-60-00
913-71-00
913-78-00
913-81-00
913-89-00
913-92-00
914-27-00
914-30-00
Description
General Construction Architectural
Construction, Curb and Gutter (Includes Maintenance, Repair, and Removal)
Construction, Highway and Road
Construction, Parking Lot and Alley
Construction, Sewer and Storm Drain
Construction, Sidewalk and Driveway (Includes Pedestrian and Handicap Ramps)
Construction, Street (Major and Residential)(Includes Reconstruction)
Construction, Utility/Underground Projects
Construction, Water System, Main and Service Line
Maintenance and Repair, Highway and Road
Maintenance and Repair, Pipeline (Includes Removal and Relocation)
Maintenance and Repair, Sewerand Storm Drain (Including Removal)
Maintenance and Repair, Utility/Underground Projects
Maintenance and Repair, Water System, Main and Service Line
Carpentry
Concrete
Trade Divisions
Trade
Division
Code
Sub-Division Description
Activity Information
https://lsdbc.dslbd.dc.gov/public/certification/PrintResults.aspx
155
9/23/2014
PrintReport
Page 8 of 11
Department of Small & Local Business Development
Site Visit/Date
Review
Documentation
L2~
~ Other
Areas of Consideration
I
Yes
No
N/A
13
13
C)
C)
0
0
(3
13
(3
0
13
0
0
0
(3
0
(3
0
(3
(3
tij
(3
(3
0
The site visit reveals that the firms principal office is physically located in the District of Columbia (describe below)
The offices of the firms principal owners are located at the location (describe below)
The record reflects that the firm has office locations in other jurisdictions (explain below)
~
6
The firm has a binding relationship with other firms (i.e., non-qualifying firm, prime contractors, loans, leases,
etc.)
A qualifying owner holds the highest position in the company.
cjj
10
11
13
14
The qualifying owner has outside employment. lfyes. please explain below
12
LI,
13
Summary (P/ease expound on any of the above items and/or discuss other issues of importance)
Anchor Construction Corporation (formerly C & F Construction Company, Inc.) is owned and operated by a (1) VA resident.
The business does qualify for CBE certification. Mr. Florentino Gregorio is qualified, controls the highest positios
in the company and has over a combined twenty-eight (28) years of Construction Consulting, Construction & Project Mana
agement, Building Construction Services, Maintenance & Repair Services, Installation and Removal Services experience.
http://cbe.dslbd.de.gov/applieation/Reports/LSDBEAnalysisReport.aspx
156
9/23/2014
PrintPpnnrt
P~rn~ 1 nfl 1
C!) Recertification
0 Provisional Certification
0 Upgrade
0 Old Business
11/21/2013
I The applicant requesting CBE Re-Certification as LBE, LRB and NIGP Code Upgrade.
Approval Date
Provisional #/CBE #
Provisional:
Certification:
7/12/2005
Recertification:
1115/2014
I
I
I
Expiration Date
I
LSXR00370072007
7/12/2007
LX86374012016
1/15/2016
WASHINGTON
State:*
Street Address 2:
DC
Business Phone:*
Business Email
Address: Icertificat1ons@ancho~nst.com
Business Fax:
Business
Website Address:
Previous Address
Street Address 1*
Street Address 2:
City:
State:*
Zip Code:*
Business Structure
Corporation
0 Limited
It of Years in Existence:
0 Sole Proprietorship
129.08
Registered
0 Partnership
Liability Company
years DCRA
From:I____________
To:I____________
6/7/1985
http://cbe.dslbd.de.gov/applicationlReports/LSDBEAnalysisReport.aspx
157
9/23/2014
PrintReport
Page 2 of 11
Department of Small & Local Business Development
LBE
The firms principal office is located in DC and:
(check all that apply)
N/A
LRB
Documents of Qualifying Applicant:
(Physical review of tax records and business regls~ations)
I yrs.
# of Continuous Years in DC
From:
Verification of Business Registration/License:
Taxes paid
years in DC
From:
11/1/1993
ITo: 112/31/2013
VOB
N/A
LME
N/A
http://cbe.dslbd.dc.gov/applicationfReportslLSDBEAnalysisReport.aspx
158
9/23/2014
LEASE AGREEMENT
THIS LEASE AGREEMENT (this Lease) is made effective as of thej.4th_day of
_jyigy__, by and between Anchor Development of DC LLC, a Maryland limited liability
company (hereinafter called Lessor) and Anchor Construction Corporation, a District of
Columbia-corporation (hereinafter called Lessee).
WITNESSETH:
1.
Lease and Premises. The Lessor, for and in consideration of the covenants and
agreement hereinafter set forth, and the rent hereinafter specifically reserved, leases to Lessee and
Lessee hereby leases from Lessor, all of that certain parcel of property in the District of Columbia
know as Lot 32 in Square 4258, and commonly known as 2254 25th Place, N.E., Washington, DC
200 8 together with all any and improvements thereon (hereafter referred to as the Demised
Premises).
2.
Sale of the Demised Premises. Lessor and Lessee hereby mutually acknowledge
that as of even date herewith Lessee has sold, transferred and conveyed to Lessor the Demised
Premises. The parties further mutually acknowledge that it was and is an express condition to
Lessees agreement to such sale, that Lessor enter into this Lease with Lessee to lease back the
Demised Premises to Lessee upon the terms and conditions herein.
3.
Condition of Premises. Lessee hereby agrees to accept the Demised Premises
as is in the condition which exists as of this date.
4. March I. 2Qf~_ and terminating _March I. 2014
unless extended pursuant to the Option to Extent, below defined.
5.
Option to Extend. Lessee shall have one (I) option to extend (the option to
Extend) the term of this Lease~for five (5) additional years (the Extended Term), provided that
at the time of exercise of such option and the commencement date of the Extended Term. Lessee
is not in default of any of the terms of this Lease, and has not assigned this Lease and is in
occupancy for its own use and occupancy of all of the Demised Premises. If Lessee elects to
extend this Lease, then all tcnns and conditions shall remain the same, except that Base Rent shall
be as set forth in paragraph 6 below. Lessee shall not he entitled to any rent waivers and/or
provision of leasehold improvement or allowances at any time during this Lease, nor shall Lessee
be entitled to any additional extended terms subsequent to the Extended Term. If Lessee desires
to excise the Option to Extend, Lesseeshall give Lessor written notice thereof at least six (6)
months prior to the expiration of the Initial Term. In the event of any earlier termination of this
Lease, or if Lessee shall fail to timely exercise the aforesaid Option to Extend then and in such
event, all rights of Lessee to the Extended Term hereof shall be of no further force and effect,
time being of the essence.
6.
Base Rent. Lessee covenants and agrees to pay to Lessor, without offset,
deduction or demand, as Base Rent for the Demised Premises, Twenty Five Thousand Dollars
($25,000.00) per month on the first day of each month during the Initial Term, and Twenty Five
Thousand Dollars ($25,000.00) per month on the first day of each month during the Extended
Term. Partial months rent shall be prorated based on a 30-day month. If Lessee elects to extend
Lease, an additional 5 years term, the monthly rent will increase to Twenty Six Thousand Five
Hundred Dollars ($26,500.00) per month.
159
7.
Use of Premises. The lessee shall use the Demised Premises for construction
related purposes including material and equipment storage and miscellaneous administrative
support; and any improvement and trailers located on the Demised Premises may be used by
Lessee for general office purpose.
8.
Maintenance of Premises. Lessee shall maintain and keep the Demised Premises
in its present condition and in a clean and neat manner and will, at the expiration or other
termination of Lease surrender and deliver the Demised Premises in the same good and orderly
condition, ordinary wear and tear excepted, with all of its improvements, property, dash, debris,
and junk removed therefrom. Lessor shall have no obligation to make repairs, replacements or
improvements of any nature to the Demised Premises, excepted as stated in Article 10 hereof.
9.
Hazardous/Toxic Condition.
A. The Lessee agrees that it will not violate any District of Columbia or Federal
law relating to hazardous/toxic or unhealthy materials being placed on or in the Demised
Premises, and agrees to keep the property and improvements free of any such contamination. The
Lessee hereby indemnifies the Lessor and its officers, agents, representative, and employees from
all claims, loss, damage. actions, causes of action, expenses. and/or liability resulting from any
violation on the preceding sentence,
B. Unless due to the act or negligence of the Lessor, if contaminated soil, water,
underground storage tanks or piping or friable asbestos or any other hazardous/toxic or unhealthy
materials or substances as defined by applicable District of Columbia of Federal law is
subsequently identified on the premises, the Lessee agrees to remove such materials or substances
upon notification the Lessor, at Lessees sole cost in accordance with EPA and/or District of
Columbia guidelines. lfthe Lessee fails to remove the hazardous/toxic or unhealthy materials or
substances, the Lessor has the right to accomplish the work and Lessee shall promptly reimburse
Lessor for all such costs and expenses, which sums shall bc deemed to be additional rent
payments due hereunder, or Lessor may recover these costs from Lessee by other means, or may.
at its sole option, cancel this Lease.
C. If due to the act or negligence of the Lessor there is a violation of the
hereinabove District of Columbia or Federal law, the Lessor agrees upon notification by Lessee to
remove the hazardous/toxic or unhealthy materials or substances at Lessors sole cost in
accordance with EPA and/or District of Columbia guidelines. If the Lessor fails to remove such
material or substances, Lessee may accomplish the work and Lessor shall promptly reimburse
Lessee for all such costs and expenses, or Lessee may recover these costs from Lessor by other
means. or may, at its sole option, cancel this Lease.
10.
160
days after such damage or destruction. In such event, either Lessor or Lessee may within twenty
(20) days after such notice, terminate this Lease. If neither party terminates Lease the during that
twenty (20) day period this Lease shall remain in effect, Lessor shall diligently proceed to repair
or reconstruct the Demised Premises, and Rent shall abate as set forth above.
B. In no event shall Lessor be liable for non-negligent interruption to Lessees
business or other damage to Lessees personal property; including inventory, trade fixtures, floor
covering, ftrniture and other property removable by Lessee under the provisions of this Lease.
I I.
A. Lessor shall secure and maintain throughout the term of the Lease Insurance
in the following amounts and in form within Lessors sole and absolute discretion:
Fire insurance with extended coverage endorsement attached in the
amount of the fUll insurable value of the Buildings and/or structures on the
Demised Premises;
2. Comprehensive Public Liability Insurance;
3.
4. Lessor may, but is not obligated to, purchase such other insurance
customarily purchased, form time to time, by owners and managers of
similar building in the Washington D.C. area. Notwithstanding the
provisions of this Lease. Lessor may charge Lessee with any excess of
costs olihe insurance described in this subparagraph due to the particular
use of the Demised Premises by Lessee.
B. Lease shall, at its own expenses, procure and maintain throughout the terni
of this [.ease:
1. Comprehensive Public Liability Insurance insuring Lessees activities
with respect to the Leased Premises against loss, damage or liability for
personal injury or death, damage 1.0 property or commercial loss occurring
on or about the Demised Premises, in amounts no less than:
a. Two Million Dollars ($2,000,000) with respect to personal injury
or death of any one person;
b. Five Million Dollars ($5,000,000) with respect to personal injury
or death arising out of any one occurrence.
c.
161
Lessor and Lessors mortgagee, if required, shall be named as additional insured under such
insurance and such insurance shall be primary and non-contributing with any insurance carried by
the Lessor. The liability insurance policy shall contain endorsement requiring forty-five (45)
days notice to Lessor prior to any cancellation or any reduction amount of coverage. Lessee shall
deliver to Lessor as condition precedent to its taking occupancy of the Demised Premises (but not
to its obligation to pay rent) a certificate or certificates evidencing such insurance. Lessee, as a
material part of the consideration to be rendered to Lessor, hereby waives all claims against
Lessor for injury to Lessee, its agents, employees, invites, or third persons in or about the
Demised Premises from any cause arising at any time except the negligence or misconduct of
Lessor, its agents, employees, or invites.
C. Lessee shall indemnify and hold Lessor harmless from and against all
demands, suits, fines, liabilities, losses damages, costs and expenses (including legal expenses)
which Lessor may incur or become liable for as a result of any breach by Lessee, its agents,
employees, officers, contractors. invitees, or licensees of the terms or covenants of this Lease
relating to the Lease.
12.
Liens. Lessee will not permit any mechanics or other liens to be placed upon
the Demised Premises.
13.
Subordination: This Lease is and shall be subordinated to all existing and future
lietis and encumbrances against the property.
14.
Personal Pro~y. All personal property of Lessee in or about the Demised
Premises shall be at the sole risk of Lessee. Lessee hereby expressly release Lessor from any
liability incurred or claimed by reason of damage to Lessces property; including. hut not limited
to any improvements or alterations made by Lessee.
15.
j~jj~bilit. Lessee, at Lessees expense. shall obtain all licenses and occupancy
permits necessary for conducting Lessees business in Demised Premises.
16.
Utilities. Lessee shall be solely responsible, at its sole cost for the payment of all
utility charges incurred.
I 7.
Taxes. The Lessor shall pay all real estate and other taxes and assessments
applicable to the Property.
iS.
Lessees Default.
A. It shall be an Event of Default if (i) Lessee shall fail to pay when due any
monthly installment of Rent or any other charge or payment requirement of Lessee hereunder
after Lessor gives Lessee ten (10) days written notice; (ii) Lessee shall violate or fail to perform
any of the other conditions, covenants or agreement herein made by Lessee and such violation or
failure shall continue for a period of fifteen (15) days after written notice thereof to Lessee by
Lessor; (iii) Lessee shall make a general assignment for the benefit of its creditors or shall file a
petition for bankruptcy or other reorganization, liquidation, dissolution, or similar relief; (iv) a
proceeding is filed. against Lessee seeking any relief mentioned in (iii) above and such proceeding
is not dismissed within thirty (30) days; (v) A trustee, receiver, or liquidator shall be appointed
for Les~ee, or a substantial part of its property; or (vi) Lessee shall mortgage, assi~ or otherwise
encumber its leasehold interest. In no event, without the expressed written approval of the Lessor
4
162
shall this Lease be considered an asset of Lessees estate in Bankruptcy or Insolvency, or any
receiver or of trustee with respect thereto.
B. If an Event of Default occurs, this Lease shall, at the option of
Lessor, cease and terminate and shall operate as notice to quit any notice to quit, or of Lessors
intention to re-enter, being, hereby expressly waived and Lessor may proceed to recover
possession under and virtue of the provision of the laws of Washington D.C. or by such other
proceedings, including re-entry and possession, as may be applicable, if Lessor elects to
terminate this Lease due to an Event of Default, the obligations and conditions herein contained
on the part of Lessor to be performed shall cease without prejudice, subject however to the right
of Lessor to recover from Lessee all rental and other charges accrued up to the time of
termination or recovery of possession by Lessor, which is later.
C. Should this Lease be terminated before the expiration of the term of this
Lease by reason of a Event of Default, the Demised Premises may be relet by Lessor, for such
rent and upon such terms as Lessor is able to obtain, and if the full Base Rent shall not be realized
by Lessor, Lessee shall be, liable for all damages sustained by Lessor, including, without
limitation, the deficiency in Base Rent, reasonable attorneys fees, other collection costs and all
expenses (including leasing fees) of placing the Demised Premises in rentable condition. Any
damage or loss sustained by Lessor may recovered by Lessor, at Lessors option (i) at time of the
resetting, (ii) in separate actions, from time to time, as said damage shall have been made more
easily ascertainable by successive reletting. and/or (iii) be deferred until the expiration of the term
of this Lease, in which event the cause of action shall not be deemed to have accrued until the
date of expiration of said term. The provision contained in this paragraph shall be in addition to
and shall not prevent the enforccment of any claim Lessor may have against Lessee for
anticipatory breach of unexpired term of this Lease, All rights and remedies of Lessor under this
Lease shall be cumulative and shall nol be exclusive of any other rights and remedies provided to
Lessor under applicable law.
D. Lessee Waives any and all rights of redemption.
E. Lessor can obtain and enforce a judgment for its damages under this Lease.
notwithstanding any pending mandatory counterclaims that have not rendered ajudgment.
F. Bankruptcy
1.
163
2.
164
27.
Brokers. Lessor and Lessee each represents and warrant that neither of them has
employed and broker or agent in carrying on the negotiations relating to this Lease. Lessor shall
indemni& and hold harmless the Lessee, and Lessee shall indemni~ and hold harmless the
Lessor from and against any claim for brokerage or other commissions arising from or by the
respective indemnitor.
28.
Notices. All notices required or desired to be given hereunder by either party to
the other shall be given by overnight delivery service (e.g. Federal Express, UPS, etc.), or by
certified or registered mail, return receipt request, postage prepaid. Notices to the respective
parties shall be addressed as follows:
If to Lessor:
If to Lessee:
165
EXHIBIT S - 3
166
Page 1 of I
Melissa Resil
Excavation;
and RamovaiConcrete;
Services Underground Water Sewer and Utihoes; Street and Highway Constn,clion; Curb and Gutter Brick Work Project Managing; Cost Eshmaung; instatation
FranclsCo Rodriguez-Nato
Franosca Rodriguez-Nato
2211 CHANNiNG STREET NE, Washington DC 20018
(202) 529-7225
(202) 8324642
tlw_cpdcccomCast.nat
w~wrcap.toIpaving.com
11)911967
Corporation
5
Certification Information
Exfre:
611312015
CBE Number
LSD<33730062015
Preference Points 12(2 for LBE; 3 for SBE; 2 For DZE, 5forLRB)
NIGP
Code
Codes
Description
Consthjdion, Highway and Road
Consthjction, Street (Major and Resldentiai){inciudes Re~nstruaion)
Maintenance and Repair, Sewer and Storm Drain (including Removai)
Maintenance and Repair, Water System, Main and Service Line
Concrete
Cost Estimating
Non-Profesaonai Services (Not Otheiv.tse Ciassited)
installation and Removal Services (Not Otherwise Classified)
913-27-00
913-50-00
913-81-00
913-92-00
914-30-00
961-21-00
961-96-00
962-46-00
Trade Divisions
Trade
Division
Sub-oiviaion Description
Activity Information
type
Percentage of diversity
ConstiuctioruConfracting
100%
<<Back
Disbict Newa
Press Bnsfr~ & Staedu~s
Slalarnana 4 R&snss
Information Centsrs
l2floura Emergency Plairsrrg
Bosom
Cltyvtde Calendar
Ceraoa
DC Govemment
Mayors Oace
DC gendes
Contact us
Cat Sit
Contact Sti Mayor
Sutscnze 0 Enraia
Corsone. P,otadon
DC ~ho
DC Cotnrdt
Edecenon
DC Proajrreraee
Elected Olsdeb
Seal Feedback
Onine Chati
Heath
Green DC
~ttd Anpointees
Sodat serocee
DC One Card
Court
DC W~ brats
R.adants
interagency cm Hon.nea
DC Lies
3~ttrrrenr Ctowas
Veto,.
Recovery drgw
DC Statehood
545
Aceamb)rry
About
DC Gay
DC Guide
W-Fi Hotspons
Feedback
167
6 132013
Bonding Information
Step 6
Bonding Company Name:
Bonding Company Address:
Operationa
President
ction
Date_Appointed
11/09/1987
Corporate Secretary
01/02/1 995
02/08/1 999
12/19/2005
Bonding
Bonding
Bonding
Bonding
Bonding
The Hartford
3190 Fairview Drive, #400
Falls Church VA 22042
Company Specialties.
Company Phone:
Company Fax:
Contact Person:
Limit:
(703) 698-0788
(703) 610-8377
Rick Davis
$40,000,000.00
Business Licenses
Step 7
Business, Professional, and!or Trade Licenses:
License Type
License Number
DC Business License
70107280
Business License
20701031860
Business License
15718903
Expiration Date
08/31/2014
05/31/2014
04/03/2014
Authorizinq Entity
District DCRA
Commonwealth of Virginia
State of Maryland
Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-27-00
Construction, Highway and Road
913-50-00
Construction, Street (Major and Residential)(lncludes Reconstruction)
913-81-00
Maintenance and Repair, Sewer and Storm Drain (Including Removal)
913-92-00
Maintenance and Repair, Water System, Main and Service Line
914-30-00
Concrete
961-21-00
Cost Estimating
Non-Professional Services (Not Otherwise Classified)
961-96-00
962-46-00
Installation and Removal Services (Not Otherwise Classified)
968-00-00
PUBLIC WORKS AND RELATED SERVICES
Applicable Trade Divisions for this business:
No selected Trade Divisions
Business Information
1.
2.
3.
4.
5.
6.
7.
8.
Step 9
168
Yes
No
No
No
No
No
No
No
RECERTIFI
Business Information
Step I
Business Name:
FEIN:
Applying For
Business Structure:
Date Business Established:
Location of Incorporation:
Location Address 1:
Location Address 2:
Location City:
Location State:
Location Zip Code:
Principal Contact:
Contact Title:
Contact Phone:
Contact Email:
Secondary Contact:
Contact Title:
Contact Phone:
Contact Email:
Business Phone:
Business Fax:
Business Email:
Business Website
WASHINGTON
DC
20018
Francisco Rodrigues-Neto
PresidentlOwner
(202) 529-7225
tlw_cpdc@comcast net
Phuong Tran
Vice President
(202) 529-7225
thdp497scpdc@comcast net
(202) 529-7225
(202) 832-4642
rpanizo~capitolpaving.com
www.capitolpaving.com
Gross Receipts
$38,083,890.00
$23,645,439.00
$25,957,316.00
$29,228,881.67
Date ComDlete
09/27/2012
08/21/2012
11/17/2011
169
170
171
Signature:
Name:
Francisco R. Neto
Title:
President
Date:
23rd day of
April
2013 by
,
Francisco R. Neto
e person who executed the foregoing affidavit and who acknowledged the same to be his/her free act and d
Notary signature:
Gb4,.
Randolph B. Panizo
My commission expires:
-s,
EXHIBIT S3, PG 006
4~
172
Based on:
Site Visit/Date
Review
~ Documentation
Other
Areas of Consideration
Note; A (No res onse to an of these statements requires an explanation below
1
The site visit reveals that the firms principal office is physically located in the District of Columbia (describe below)
C)
No
N/A
The offices of the firms principal owners are located at the location (describe below)
The record reflects that the firm has office locations in other jurisdictions (explain below)
(4
*
@)
10
11
*
*
CD
0
12
(j
13
14
The qualifying owner has outside employment. If yes, please explain below
Summary (Please expound on any of the above items and/or discuss other issues of importance)
Capitol Paving of D.C., Inc. is independently owned and operated. Mr. Rodriguez-Neto handles the daily operations for
the firm including but not limited to signing and negotiating contracts. Mr. Rodriguez-Neto holds the highest position
in the firm. The firm has no other offices in or outside the District of Columbia.
173
Board of Directors
Director Name
Francisco Neto
Step 4
Home Address
8013 Greenwich Woods Drive
McLean, VA 22102
Home Phone
(703) 442-8243
President
Date ADoointed
11/01/1987
174
No
Yes
Yes
No
175
Bonding Information
Step 6
Bonding Company Name:
Bonding Company Address:
Operationa
President
ction
Date_Appointed
11/09/1987
Corporate Secretary
01/02/1 995
02/08/1 999
12/19/2005
Bonding
Bonding
Bonding
Bonding
Bonding
The Hartford
3190 Fairview Drive, #400
Falls Church VA 22042
Company Specialties.
Company Phone:
Company Fax:
Contact Person:
Limit:
(703) 698-0788
(703) 610-8377
Rick Davis
$40,000,000.00
Business Licenses
Step 7
Business, Professional, and!or Trade Licenses:
License Type
License Number
DC Business License
70107280
Business License
20701031860
Business License
15718903
Expiration Date
08/31/2014
05/31/2014
04/03/2014
Authorizinq Entity
District DCRA
Commonwealth of Virginia
State of Maryland
Applicable National Institute of Government Purchasing (NIGP) Commodity Codes for this business:
912-00-00
CONSTRUCTION SERVICES, GENERAL (INCL. MAINTENANCE AND REPAIR SERVICES)
913-00-00
CONSTRUCTION SERVICES, HEAVY (INCL. MAINTENANCE AND REPAIR SERVICES)
913-27-00
Construction, Highway and Road
913-50-00
Construction, Street (Major and Residential)(lncludes Reconstruction)
913-81-00
Maintenance and Repair, Sewer and Storm Drain (Including Removal)
913-92-00
Maintenance and Repair, Water System, Main and Service Line
914-30-00
Concrete
961-21-00
Cost Estimating
Non-Professional Services (Not Otherwise Classified)
961-96-00
962-46-00
Installation and Removal Services (Not Otherwise Classified)
968-00-00
PUBLIC WORKS AND RELATED SERVICES
Applicable Trade Divisions for this business:
No selected Trade Divisions
Business Information
1.
2.
3.
4.
5.
6.
7.
8.
Step 9
176
Yes
No
No
No
No
No
No
No
De
item
Joint Venture
Recertification
Upgrade
Provisional Certification
Old Business
Capitol Paving of D.C., Inc. is requesting re-certification as LBE, SBE DZE, and LRB.
Provisional #/CBE #
Exoiration Date
Provisional;
Certification;
7/15/2011
Recertification;
7/15/2011
I
I
X99942072013
7/15/2013
LZX99942072013
7/15/2013
WASHINGTON
State
Street Address 2;
DC
Previous Address
Street Address 1*
City;*
Street Address 2
Zip Code;t
Statet
Business Structure
G
Corporation
# of Years in Existence;
Sole Proprietorship
25 58
Registered 25.58
# of Continuous Years in
Partnership
From
years DCRA
11/9/1987
To; 6/10/2013
11/9/1987
177
EXHIBIT V - 1
BALLJOINT DAMAGE
178
2
EXHIBIT V1, PG001
179
3
EXHIBIT V1, PG002
180
4
EXHIBIT V1, PG003
181
5
EXHIBIT V1, PG004
182
6
EXHIBIT V1, PG005
183
7
EXHIBIT V1, PG006
184
EXHIBIT V - 2
185
3/5/2015
2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
2003MERCEDESBENZC230
Recalls
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Complaints
ServiceBulletins
44
16
Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage
COMPLAINTS:Displaying15outof44
DateComplaintFiled:12/15/2014
Component(s):ENGINE
DateofIncident:01/29/2010
NHTSAIDNumber:10664344
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J03A...
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHECHECKENGINEWARNINGLIGHTILLUMINATED
ANDTHEVEHICLESTALLEDWITHOUTWARNING.THEFAILUREOCCURREDONSEVERALOCCASIONS.THEVEHICLEWASTAKENTOTHE
DEALER,WHOREPAIREDTHEENGINEWIRINGHARNESSANDTHEENGINECAMSHAFTADJUSTMENTSOLENOID,BUTTHEFAILURE
RECURRED.THECONTACTSTATEDTHATWHILEDRIVINGATAPPROXIMATELY75MPH,THEVEHICLESTALLED.THEVEHICLEWASABLETO
RESTART.THEVEHICLEWASNOTDIAGNOSEDORREPAIRED.THEMANUFACTURERWASNOTIFIEDOFTHEFAILURE.THEFAILUREMILEAGE
WASNOTAVAILABLE.
DateComplaintFiled:06/05/2014
Component(s):ENGINE
DateofIncident:06/03/2014
NHTSAIDNumber:10596375
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
IWASDRIVINGTHEVEHICLEHOMEFROMWORKANDHEADINGUPHILL.MYAUTOMATICAIRCONDITIONINGCLICKEDOFF,ANDTHENI
NOTICEDASTRONGCHEMICALSMELL.SMOKECAMEOUTFROMUNDERMYHOOD.THEREWASNOSAFEPLACETOPULLOVER,SOIDROVE
ANOTHER1/4MILEUNTILICRESTEDTHEHILLANDCAMETOADIP.INOTICEDFLAMESCOMINGTOWARDMEFROMBETWEENTHEDRIVER
DOORANDTHEDASH.IIMMEDIATELYPULLEDMYCAROVERANDPUTITINPARK,GRABBEDMYSTUFFANDGOTOUT.THECAR
COMPLETELYBURNEDUP.IGETMYCARREGULARLYMAINTENANCEDBYTHEDEALER,ANDITSAIDIHAD1800OR1900MILESUNTILMY
NEXTSERVICE.*TR
DateComplaintFiled:07/12/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:06/23/2003
NHTSAIDNumber:10412018
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J43A...
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHEREWASANEXCESSOFSMOKECOMINGFROMTHE
TAILPIPE,BLINDINGTHECONTACTSVIEWOFVEHICLEFOLLOWING.THEVEHICLETHENBEGANTOLOSEPOWERABNORMALLYANDWAS
MOVEDFROMTHEROADWAYWHEREITWASTOWEDTOTHEDEALER.THEDEALERADVISEDTHATANENGINEVALVEHADMELTEDINTO
TWOPIECESANDAPIECEOFTHEVALVEWASFOUNDINTHEMANIFOLD.THEVEHICLEWASNOTREPAIRED.THEFAILUREMILEAGEAND
CURRENTMILEAGESWERE90,000.
186
http://wwwodi.nhtsa.dot.gov/owners/SearchResultsjsessionid=8hTpJ4FBj94Q3fqy6Km1T0S2vsHB10S6D04RzgT3l2WvmthPQXlG!942636767?prodType=V
1/2
3/5/2015
2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
DateComplaintFiled:03/23/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:03/01/2011
NHTSAIDNumber:10392666
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
IHAVE2003MERCEDESBENZC230.WHENEVERIWOULDSTARTTHEVEHICLEITWOULDGIVEMEJERKORMAKENOISEANDFINALLYJUST
BEFORETAKINGITTOADEALERITSTALLED.IHADITTOWED.THEVEHICLEWASTAKENTOALOCALSHOP,WHICHSUGGESTEDTHATTHE
PROBLEMISMUCHLARGERANDNEEDSTHEATTENTIONOFTHEMANUFACTURERANDHENCETOTAKENTOTHEDEALER.ITWAS
DIAGNOSEDASTHETIMINGCHAINWASDEFECTIVEANDTHELOCALSHOPOWNERSAIDTHISWASACOMMONPROBLEMWITHTHISVEHICLE
ANDASERIOUSPROBLEMWITHMAJORCOSTTOFIX.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEISNOTREPAIREDASTHECOSTOFFIXISASLARGEASTHECARSCURRENTVALUE.THEFAILUREANDCURRENTMILEAGEIS
68,000.*TR
DateComplaintFiled:02/23/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:01/22/2011
NHTSAIDNumber:10384138
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATWHENEVERSHEWOULDSTARTTHEVEHICLE,IT
WOULDJERKVIOLENTLY.THEVEHICLEWASTAKENTOALOCALREPAIRSHOPWHEREITWASDIAGNOSEDTHATTHECAMSHAFTSENSOR
WASLEAKINGANDTHETIMINGCHAINWASDEFECTIVE.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEWASREPAIRED.THEVINWASUNAVAILABLE.THEFAILUREANDCURRENTMILEAGEWAS92,000.
1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153
187
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3/5/2015
2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
2003MERCEDESBENZC230
Recalls
Investigations
Complaints
ServiceBulletins
44
16
Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage
COMPLAINTS:Displaying11outof1filteredfrom44
DateComplaintFiled:03/20/2008
Component(s):SUSPENSION
DateofIncident:03/12/2008
NHTSAIDNumber:10221835
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J53A...
1AssociatedDocument
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230K.WHILEDRIVING72MPH,THECONTACTHEARDAPOPPINGSOUNDANDTHE
WARNINGLIGHTFORTHEBRAKESILLUMINATEDONTHEINSTRUMENTPANEL.SHEWASONLYABLETOSTOPTHEVEHICLEBYUSINGTHE
HANDBRAKE.THEVEHICLEWASTOWEDTOTHEDEALERANDTHEYSTATEDTHATTHEFRONTWHEELBEARINGBECAMEDAMAGEDAND
CAUSEDDAMAGETOTHESPINDLE.THEBEARINGNEEDEDTOBEREPLACED.THECONTACTHASPICTURES.THEPURCHASEDATEWAS
UNKNOWN.THECURRENTMILEAGEWAS61,500ANDFAILUREMILEAGEWAS60,500.UPDATED4/21/08*CNTHECONSUMERSTATEDWOULD
LIKETOBEREIMBURSEDFORALLCOSTSINCURREDDUETOTHEDEFECT.UPDATED04/21/08*TR
1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153
188
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1/1
3/5/2015
2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
2003MERCEDESBENZC230
Recalls
Investigations
Complaints
ServiceBulletins
44
16
Belowisalistofsafetyrelatedcomplaintsreceivedforthisproduct.Complaintsareenteredintoourcomplaintdatabaseandareusedtodetermineifasafetyrelateddefecttrend
exists.
Doyouhaveasafetyrelatedcomplaint?LetusknowbygoingtoourFileaSafetyComplaintpage
COMPLAINTS:Displaying15outof44
DateComplaintFiled:12/15/2014
Component(s):ENGINE
DateofIncident:01/29/2010
NHTSAIDNumber:10664344
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J03A...
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHECHECKENGINEWARNINGLIGHTILLUMINATED
ANDTHEVEHICLESTALLEDWITHOUTWARNING.THEFAILUREOCCURREDONSEVERALOCCASIONS.THEVEHICLEWASTAKENTOTHE
DEALER,WHOREPAIREDTHEENGINEWIRINGHARNESSANDTHEENGINECAMSHAFTADJUSTMENTSOLENOID,BUTTHEFAILURE
RECURRED.THECONTACTSTATEDTHATWHILEDRIVINGATAPPROXIMATELY75MPH,THEVEHICLESTALLED.THEVEHICLEWASABLETO
RESTART.THEVEHICLEWASNOTDIAGNOSEDORREPAIRED.THEMANUFACTURERWASNOTIFIEDOFTHEFAILURE.THEFAILUREMILEAGE
WASNOTAVAILABLE.
DateComplaintFiled:06/05/2014
Component(s):ENGINE
DateofIncident:06/03/2014
NHTSAIDNumber:10596375
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
IWASDRIVINGTHEVEHICLEHOMEFROMWORKANDHEADINGUPHILL.MYAUTOMATICAIRCONDITIONINGCLICKEDOFF,ANDTHENI
NOTICEDASTRONGCHEMICALSMELL.SMOKECAMEOUTFROMUNDERMYHOOD.THEREWASNOSAFEPLACETOPULLOVER,SOIDROVE
ANOTHER1/4MILEUNTILICRESTEDTHEHILLANDCAMETOADIP.INOTICEDFLAMESCOMINGTOWARDMEFROMBETWEENTHEDRIVER
DOORANDTHEDASH.IIMMEDIATELYPULLEDMYCAROVERANDPUTITINPARK,GRABBEDMYSTUFFANDGOTOUT.THECAR
COMPLETELYBURNEDUP.IGETMYCARREGULARLYMAINTENANCEDBYTHEDEALER,ANDITSAIDIHAD1800OR1900MILESUNTILMY
NEXTSERVICE.*TR
DateComplaintFiled:07/12/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:06/23/2003
NHTSAIDNumber:10412018
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: Yes NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):WDBRN40J43A...
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATTHEREWASANEXCESSOFSMOKECOMINGFROMTHE
TAILPIPE,BLINDINGTHECONTACTSVIEWOFVEHICLEFOLLOWING.THEVEHICLETHENBEGANTOLOSEPOWERABNORMALLYANDWAS
MOVEDFROMTHEROADWAYWHEREITWASTOWEDTOTHEDEALER.THEDEALERADVISEDTHATANENGINEVALVEHADMELTEDINTO
TWOPIECESANDAPIECEOFTHEVALVEWASFOUNDINTHEMANIFOLD.THEVEHICLEWASNOTREPAIRED.THEFAILUREMILEAGEAND
CURRENTMILEAGESWERE90,000.
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2003MERCEDESBENZC230|Safercar|NationalHighwayTrafficSafetyAdministration(NHTSA)
DateComplaintFiled:03/23/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:03/01/2011
NHTSAIDNumber:10392666
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
IHAVE2003MERCEDESBENZC230.WHENEVERIWOULDSTARTTHEVEHICLEITWOULDGIVEMEJERKORMAKENOISEANDFINALLYJUST
BEFORETAKINGITTOADEALERITSTALLED.IHADITTOWED.THEVEHICLEWASTAKENTOALOCALSHOP,WHICHSUGGESTEDTHATTHE
PROBLEMISMUCHLARGERANDNEEDSTHEATTENTIONOFTHEMANUFACTURERANDHENCETOTAKENTOTHEDEALER.ITWAS
DIAGNOSEDASTHETIMINGCHAINWASDEFECTIVEANDTHELOCALSHOPOWNERSAIDTHISWASACOMMONPROBLEMWITHTHISVEHICLE
ANDASERIOUSPROBLEMWITHMAJORCOSTTOFIX.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEISNOTREPAIREDASTHECOSTOFFIXISASLARGEASTHECARSCURRENTVALUE.THEFAILUREANDCURRENTMILEAGEIS
68,000.*TR
DateComplaintFiled:02/23/2011
Component(s):ENGINEANDENGINECOOLING
DateofIncident:01/22/2011
NHTSAIDNumber:10384138
AllProductsAssociatedwiththisComplaint
Details
Crash: No Fire: No NumberofInjuries: 0
Manufacturer:MercedesBenzUSA,LLC.
VehicleIdentificationNo.(VIN):NotAvailable
0AssociatedDocuments
NumberofDeaths: 0
SUMMARY:
TL*THECONTACTOWNSA2003MERCEDESBENZC230.THECONTACTSTATEDTHATWHENEVERSHEWOULDSTARTTHEVEHICLE,IT
WOULDJERKVIOLENTLY.THEVEHICLEWASTAKENTOALOCALREPAIRSHOPWHEREITWASDIAGNOSEDTHATTHECAMSHAFTSENSOR
WASLEAKINGANDTHETIMINGCHAINWASDEFECTIVE.THEMANUFACTURERWASCONTACTEDWHODIDNOTOFFERANYASSISTANCE.THE
VEHICLEWASREPAIRED.THEVINWASUNAVAILABLE.THEFAILUREANDCURRENTMILEAGEWAS92,000.
1200NewJerseyAvenue,SE,WestBuildingWashingtonDC20590USA1.888.327.4236TTY1.800.424.9153
190
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