COMMERCIAL ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) ofthe 1970 constitution ofthe State oflllinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the properties at 7500-7558 S. Laflin Street and 7501-7559 S. Ashland Avenue are owned by Gendell Partners 75th/Ashland LLC; and
WHEREAS, pursuant to ordinance adopted by the City Council ofthe City of Chicago (the "Citv Council"! on November 5, 2014 and published in the Journal of Proceedings ofthe City Council (the "Journal") for such date at pages 96156-96160, the City vacated a north/south 18-foot public alley ("Alley") to Gendell Partners 75,h/Ashland LLC ("Gendell"); and
WHEREAS, Gendell proposes to assemble the surrounding lots, the Alley, and the South thirty-three (33) feet of W. 75 Street ("Street") to be vacated herein for commercial development; and
WHEREAS, due to a larger area of assemblage not included in the November 5, 2014 ordinance, it is advisable that the November 5,2014 ordinance be repealed and this ordinance be adopted to more appropriately represent all Alley and Street areas to be vacated; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe public use and the public interest to be subserved is such as to warrant the vacation of that part of the public Street and the Alley , described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. THE NORTH-SOUTH 18 FOOT WIDE PUBLIC ALLEY IN J.R. LANE'S SUBDIVISION OF BLOCK 19 IN JONES SUBDIVISION OF THE WEST HALF OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN PER DOCUMENT 1540324 RECORDED SEPTEMBER 23, 1891 LYING WEST OF AND ADJOINING LOTS 1 THROUGH 24, INCLUSIVE, AND LYING EAST OF AND ADJOINING LOTS 25 THROUGH 48, INCLUSIVE, IN SAID J.R. LANE'S SUBDIVISION, LYING NORTH OF
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1
AND ADJOINING THE NORTH LINE OF WEST 76TH STREET AND LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF THE SOUTH 33 FEET OF WEST 75TH STREET;
ALSO
THAT PART OF THE SOUTH 33.00 FEET OF WEST 75TH STREET LYING NORTH OF AND ADJOINING LOT 1, THE NORTH-SOUTH 18 FOOT WIDE PUBLIC ALLEY AND LOT 48 IN J.R. LANE'S SUBDIVISION OF BLOCK 19 IN JONES SUBDIVISION OF THE WEST HALF OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN PER DOCUMENT 1540324 RECORDED SEPTEMBER 23, 1891, LYING EAST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST LINE OF SOUTH ASHLAND AVENUE AS WIDENED PER ORDINANCE PASSED JUNE 29,1922, ORDER OF POSSESSION DECEMBER 3,1931 AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE WEST LINE OF SOUTH LAFLIN STREET, ALL IN COOK COUNTY, ILLINOIS. SAID PARCEL OF LAND HEREIN DESCRIBED CONTAINS 22,286 SQUARE FEET OR 0.512 ACRES, MORE OR LESS, as shaded and legally described by the words HEREBY VACATED on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacations.
SECTION 2. On October 22, 2003, Gendell purchased the real estate abutting the proposed to-be-vacated segment of W. 75th Street and the North-South 18 foot public Alley, as such Street and Alley are legally described in Section 1 above, pursuant to a Limited Warranty Deed (the "Deed") recorded on November 2, 2003, with the Office of the Cook County Record of Deeds as Document No. 0330727233. The Deed also included the conveyance of the portion of W. 75th Street, and the North-South 18 foot public Alley, such Street and Alley now subject to this Ordinance. Gendell has paid all property taxes on the real estate in the Deed, including the taxes on the area constituting the South 33 feet of W. 75th Street, and the North-South 18 foot public Alley, as legally described herein in Section 1 above.
SECTION 3. The November 5, 2014 ordinance is hereby repealed to allow for the vacation of both the Street and Alley areas as provided for in this Ordinance.
SECTION 4. The vacation herein provided for is made in an effort to correct the public record on the status and ownership ofthe South 33 feet of W. 75th Street and the North-South 18 foot public Alley. As such, no compensation shall be due for the benefits which will accrue to Gendell as owner ofthe property abutting said portion of W. 75th Street, and the North-South 18 foot public Alley to-be vacated pursuant to this Ordinance.
Page 2
SECTION 5. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and its successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the portions of Street and Alley herein vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison facilities. No buildings, permanent structures or obstructions shall be placed over Commonwealth Edison facilities without express written release of easement by Commonwealth Edison. Any future vacation-beneficiary prompted relocation of Commonwealth Edison facilities lying within the area being vacated will be accomplished by Commonwealth Edison, and be done at the expense of beneficiary of the vacation.
SECTION 6. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Gendell shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with an attached plat, and an oversized plat, as approved by the Superintendent of Maps and Plats.
SECTION 7. This ordinance shall take effect and be in force from and after its passage. The Street and Alley vacation shall take effect and be in force from and after its recording.
Vacations Approved:
Rebekah Scheinfeld Commissioner of Transportation
Honorable Latasha R. Thomas
Approved as to Form and Legality
Alderman, 17,n Ward
Page 3
EXHIBIT "A"
PLAT OF VACATION
LEGAL DESCRIPTION
THE NORTH-SOUTH 18 FOOT WIDE PUBLIC ALLEY IN J.R. LANE'S SUBDIVISION OF BLOCK 19 IN JONES SUBDIVISION OF THE WEST HALF OF SECTION 29. TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN PER DOCUMENT 1540324 RECORDED SEPTEMBER 23, 1891 LYING WEST OF AND ADJOINING LOTS 1 THROUGH 24, INCLUSIVE, AND LYING EAST OF AND ADJOINING LOTS 25 THROUGH 48, INCLUSIVE, IN SAID J.R LANE'S SUBDIVISION, LYING NORTH OF AND ADJOINING THE NORTH LINE OF WEST 76TH STREET AND LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF THE SOUTH 33 FEET OF WEST 75TH STREET;
ALSO
THAT PART OF THE SOUTH 33 00 FEET OF WEST 75TH STREET LYING NORTH OF AND ADJOINING LOT 1, THE NORTH-SOUTH 18 FOOT WIDE PUBLIC ALLEY AND LOT 48 IN J R. LANE'S SUBDIVISION OF BLOCK 19 IN JONES SUBDIVISION OF THE WEST HALF OF SECTION 29, TOWNSHIP 38 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN PER DOCUMENT 1540324 RECORDED SEPTEMBER 23, 1891, LYING EAST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST LINE OF SOUTH ASHLAND AVENUE AS WIDENED PER ORDINANCE PASSED JUNE 29, 1922, ORDER OF POSSESSION DECEMBER 3, 1931 AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE WEST LINE OF SOUTH LAFLIN STREET, ALL IN COOK COUNTY, ILLINOIS.
SAID PARCEL OF LAND HEREIN DESCRIBED CONTAINS 22,286 SQUARE FEET OR 0.512 ACRES, MORE OR LESS .
LEGEND
GENERAL MOTES
S01°33'46"E 33.00*
N 00°46'23" W 33.00-
FOUND IRON PIPE-ON S UNE OF 75THST- ■
FOUND IRON PIPE 8 45'W A ON S UNE OF 7STH ST i
3«
S88°23,55"WI"3
161.69'=r
' > I
W. 75TH<
HEREBY VACATED-
CUT CROSS IN WALK
3 NTW & ON N UNE O W76TH
1-CN CUT CROSS
TRAFFIC FLOW (24) RECORD DISTANCE 75.0 MEASURED DISTANCE
LOT/PARCEL LINE
BOUNDARY UNE
RIGHT-OF-WAY LINE
HEREBY VACATED
SCALE. V=100' FULL SIZE IS18Tx24"
MAIL TO TERRACO. INC
3201 OLD GLENVIEW. SUITE 300 WILMETTE. IL 60091
I- HEREBY VACATED
THE SURVEY SHOWN HEREON IS A PORTION OF A SURVEY PERFORMED BY ENVIRONMENTAL DESIGN INTERNATIONAL AND COMPLETED FEBRUARY 29TH. 2012 NO ADDITIONAL FIELD WORK WAS PERFORMED FOR THE COMPLETION OF THIS SURVEY
CORNERS NOT MONUMENTED PER CLIENTS REQUEST
NO DIMENSIONS SHALL BE DERIVED FROM SCALE MEASUREMENT
BEARINGS ARE BASED ON ILLINOIS STATE PLANE COORDINATE SYSTEM. NAD83 (2011), EAST ZONE
ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF
PROPERTY SHOWN HEREON UES IN ZONE PD 1201 PER CITY OF CHICAGO ZONING MAP AS VIEWED ON THE CITY OF CHICAGO WEBSITE ON AUGUST 14. 2014
LOTS 25-48 WEST OF ALLEY VACATION. LOTS 1-24, EAST OF ALLEY VACATION. AND THE AREA OF THE ALLEY VACATION ARE CURRENTLY UNDER CONSTRUCTION FOR A RETAIL DEVELOPMENT
«p
J.R LANE'S SUB OF BLK. 19 IN SUB W H OF
SEC 29-38-14 (EXC. CERTAIN TRACTS CONVEYED)
REC SEPT. 23RD, 1891 DOC #1.540.324
VACATED OCT 24.1901 DOC 3165631 - B 5900 P 624
VACATION DECLARED VOID. SEE CORP COUNSEL'S OPINION
UNDER DATE OF NOV 17TH, 1911
"R"
ORDINANCE FOR WIDENING S ASHLAND AVE BETWEEN W 69THST AND W 95TH ST PASSED JUNE 29.1922 ORDER OF POSSESSION DECEMBER 3,1S31
"U"
INSTRUMENT VACATING THAT PART OF W 75TH ST DESCRIBED AS FOLLOWS A STRIP 33 FT N & S AND 358 FT E ft W IMMEDIATELY NORTH OF ft ADJOINING BLK 19 IN SUB OF W1/2 OF SEC 29-38-14 REC JULY 24, 1911 BK. 10251. P 481. DOC #4798844. NOTE THE ABOVE VACATION DECLARED VOID, SEE CORPORATION COUNSEL OPINION UNDER DATE OF NOV 17.1911
Environmental Design International inc.
Civil, Survey, Environments! end Construction Inspection Services 33 W MONROE STREET. SUITE 18£t>. CHICAGO IL 60603 Ph (312)345-1400 Fa. (312)345-0529 www cnvdesicjni com
ILLINOIS PROFESSIONAL DESIGN FIRM UCENSE NO. 184-001224 EXP. 4/30/15
CDOT #29-17-14-3669B \&
riar
|
|
DRAWN BY AJJ/MDT |
APPROVED BYSB/WTR |
DATE 12/01/2014. |
PROJ No 1873 001 |
DWG No- 1873 001 |
CREW CHIEF N/A |
|
|
STATE OF ILUNOIS)
)SS
COUNTY OF COOK)
GIVEI
WE. ENVIRONMENTAL DESIGN INTERNATIONAL. INC, ILUNOIS PROFESSIONAL DESIGN FIRM NO 184-001224, HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM EXISTING PLATS AND RECORDS FOR THE PURPOSE INDICATED HEREON
IDER MY HAND AND SEAL THIS IN CHICAGO, ILLINOIS
ENVIRONMENTAL DESIGN INTERNATIONAL. INC
THIS PROFESSIONAL SERVICE CONFORMS TO THE £ MINIMUM STANDARDS FOR A BOUNDARY
MKHftfi T.\<": KING 31 HO. 324-V i*= CHICAGO j*i
PROJECT
PLAT OF VACATION
iSENT ILLINOIS
PREPARED FOR
TERRACO, INC. 3201 OLD GLENVIEW, SUITE 300 WILMETTE. IL 60091
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
- Legal name of' the Disclosing Party submitting this EDS. Include d/b-'a/ if applicable: Gendell Partners 75th / Ashland LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Parly submitting this EDS is: 1. [jj the Applicant OR
2 [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of ihj
Applicant in which the Disclosing Party holds an interest: _
OR
3. [ ] a legal entity wilh a right of control (see Section II.B.l.) State the legal name ofthe entity in
which lhe Disclosing Party holds a right of control:
- Business address ofthe Disclosing Party: 3201 Old Glenview Road, Suite 300
Wilmette, Illinois 60091
D. Name of contact person: Dan Wander
- Federal Employer Identification No. (if you have one): ._
- Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to
which this EDS pertains. (Include project number and location of property, if applicable): Vacation of S. 33 feet of W. 75th Street between S. Ashland Avenue
and S. Laflin Street and the north-south 18 foot public alley bounded by TZ^nTarTd~AveT7~"W-. 76r;rr^t~_^T_J3aTTrn_^rrr7~ arTct- 76th
. , . Department of Planning and
G. Which C ity agency or department is requesting this EDS?
TJeveloprheri't"
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract fr
vcr (ii-m-12
Page I of 13
SECTION II -
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OP THE DISCLOSING PARTY
I Indicate the nature ofthe Disclosing Party:
[ ] Person Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[ J Privately held business corporation [ ] Joint venture
f ] Sole proprietorship [ ] Not-for-profit corporation
f ] General partnership (is the not-for-profit corporation also a 501(c)(3)!?
[ ] Limited partnership I J Yes [ "J No
[] Trust [] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the Stale oflllinois: Has the organization registered to do
business in the State of Illinois as a foreign entity?
[]Yes []No [fl N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
I. List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below al! members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below lhe legal titlcholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limned liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any oilier person or entity that controls the day-to-day management ofthe Disclosing lJart\ NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Scott Gendell Manager
2. Please provide the following information concerning each person or entity having a direct <>r indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Parly Example* of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.
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I
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-1 54-030 of the Municipal Code of Chicago ("Municipal Code1'), the City may require any such additional i:iftirm;!'io -. from any applicant which is reasonably intended to achieve full disclosuie
Name Business Address Percentage Interest in the
Disclosing Party
See Attachment 1
SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-1 56 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[]Yes [flNo
If yes, please identify below the name(s) of such City elected official(s) and docribc Mich relationship(s):
SECTION IV DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Part) must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and tho tola1 amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lubbyisf' means any person or entity who undertakes to influence any legislative or adniinisiriiin <-action on behalf of any person or entity other than: (J) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Parly must either ask the City whether disclosure is required or make the disclosure.
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Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party Fees (indicate whether
(subcontractor, attorney, paid or estimated.) NOTE:
lobbyist, etc.) "hourly rate" or "t.b.d " is
not an acccptah ■ e^pn'1-,'
Neal & Leroy, LLC 203 N. LaSalle St., Suite 2300 Chicago, IL 6060] Attorney $3,000 est.
_ED1 _ 33 W. Monroe St. Chicago IL 60603 Engineer $3,000 est.
(Add sheets if necessary)
| ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V -- CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction"'
[ ] Yes No [ ] No person directly or indirectly owns 10','u or more ofthe
Disclosing Party.
[f "Yes." has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
I] Yes []No
13. FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23. Article J ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Pari} submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonest} or deceit against an officer or employee ofthe City or any sister agency; and (u) the Applicant understands and acknowledges that compliance with Article 1 is a continuing requirement lor doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 lv>".
Page 4 of 13
- The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or eutitie* identified in Section II.B.l. of this EDS:
-
- are nol presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
- have nol. within a five-year period preceding the date of this EDS. been cons icted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection u obtaining, attempting to obtain, or performing a public (federal, siale or local! transaction or cuniraci under a public transaction; a violation ol federal or siaie aiunrust siumie^: I ratio; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
- are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, slate or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;
- have not. within a five-year period preceding the date of this EDS. had one or more public transactions (federal, stale or local) terminated for cause or defauli: and
- have not, within a five-year period preceding the date of this EDS, been convicted, ad judged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any stale, or any other unit of local government.
- The certifications in subparts 3, 4 and 5 concern:
-
- any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parts in connection with the Matter, including but nol limited lo all persons or legal entities disclosed unuei Section IV, "Disclosure of Subcontractors and Other Retained Parties");
- any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership: identity of interests among family members, shared facilities and equipment; common use of employees: or organization of a business entity following lhe ineligibility of a business entity to do business with federal or state or local government, inciud:-:;.' the City, using substantially the same management, ownership, or principals as the ineligible enuu i. with respect to Contractors, the term Affiliated Entity means a person or enuiy thai dnecily or indirectly controls the Contractor, is controlled by it, or, with lhe Contractor, is under common control of another person or entity;
- any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any A ffiliated Entity, acting pursuant lo the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Paue5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party oi anv Contractor nor any Agents have, during lhe five years before the date lh:s EDS is .signed '-i ". respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor dining the five \ears before the date ol such Contractor's or Affiliated Entity's contract or engagement m connection w nh ine Matter.
-
- bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State oflllinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
- agreed or colluded with other bidders or prospective bidders, or been a paiiy to an\ such agreement or been con\iclcd or adjudged guilty >f agreement or eolhiNioi: .i:r!■!!.!e-prospective bidders, in restraint of freedom of competition by :igi cemeni to bid a fixed price oi otherwise; or
- made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct: or
- violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
4. Neither the Disclosing Parly. Affiliated Entity or Contraclor. or any of their employees, officials, agents or partners, is barred from contracting with any unit of state oi local government as a result of engaging in or being convicted of (I) bid-rigging in violation of 720 ILCS 5.33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
5 Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control of the U.S. Department ofthe Treasury or the Bureau of Industry and Security of lhe U.S. Department of Commerce or their successors the Sp^ci.ilK Designated Nationals List, the Denied Persons List, lhe Unverified List, the Emily Lisi and lhe Debarred List.
- The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
- If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
Page 6 of 13
I: the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements
8 To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is ,i complete list of all current employees of the Disclosing Partv who were, at any time during the I ? ■ month period preceding the execution date of this LDS. an employee, or elected or appointed olnciai. ofthe Cily of Chicago (if none, indicate with "N/A" or "none").
n/a.
9. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any '.ime duninj tlie I 2-month period preceding the execution date ol'iln.-. 1:DS. to an emp!u>ee. ui eLeied a. ,ip|iin.ite^ official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (h) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
n/a
C. CERTIFICATION Ol- STATUS AS FINANCIAL INSTITUTION
- The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x| is not
a "financial institution" as defined m Section 2-32-455(b) of the Municipal Code.
- If the Disclosing Party IS a financial mslilulion. then the Disclosing Parlv pledges
"We are not and will nol become a predatory lender as defined in Chapter 2-32 nl the \luiin.ip.,l Code. We further pledge that none of our affiliates is. and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of die privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapler 2-32 of the Municipal Code, explain here (attach additional pages if necessary).
Page 7 of 13
If the letters "NA." the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements,
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any wo ids or lei ms that are defined in Chapter 2-136 of the M tin ic in a I Code lui\ e the same meanings when used in this Part D.
- In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Malter?
[JYes [JNo
NOTE: If you checked "Yes" to (tern D.l., proceed to Items D.2. and D.3. If you checked "No" in hem D.l proceed to Part E.
- Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no Cit_\ elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collect is ely, "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?
[ ] Yes W No
- If you checked "Yes" to Item D.I., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1 or 2. below. If the Disclosing Party checks 2., the Disclosing Parly must disclose below or in an attachment to this EDS all inlormation required by paragraph 2. I ailtuc in
Page 8 of 13
comply wilh these disclosure requirements may make any contract entered into with the City in conned ion with the Malter voidable by the City.
x |. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued lo slaveholders that provided coverage for damage to or injury or death of iheir slaves), and the Disclosing Party has found no such records.
2 The Disclosing Party verifies that, as a result of conducting the search in step I above, th? Disclosing Parly has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of al! such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NO TE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
I. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Mailer: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered tinder the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respeel to lhe Matter.)
2. The Disclosing Parly has not spent and will not expend any federally appropriated fur.ds u> p;i\ any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay an> person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
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- Tlie Disclosing Party will submit an updated certification at the end of"each calendar quartet in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A.l. and A.2. above.
- The Disclosing Party certifies that either; (t) it is not an organization described in sect.on 5(J 1 (c)(4) of the Internal Revenue Code of 1986, or (u) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has no: engaged and will not engage in "Lobbying Activities".
- If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards an;, subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Malter and must make such certifications promptly available to the City upuu icqucM
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regnladons require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is lhe Disclosing Party the Applicant?
[]Yes [] No
If "Yes," answer the three questions below:
- Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[]Yes []No
- Have you filed with the Joint Reporting Committee, the Director of the Office of Pc-dcia! Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[]Yes []No
- Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[]Yes [] No
If you checked "No" to question 1. or 2. above, please provide an e.\plant'.:ion:
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SECTION VII- ACKNOWLEDGMENTS. CONTRACT INCORPORATION. COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
- The certifications, disclosures, and acknowledgments contained in this EDS will become pari of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, Cily assistance, or olher City action, and are material inducements io the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands thai it must comply with all statutes, ordinances, and regulations on which this EDS is based.
- The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City eoiuraci.i. work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics. 7-H) N
Sedgwick St Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fulk with the applicable ordinances.
- If the Cily determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void tn voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and oi declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
- It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS. the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection w ith the public release of information contained in this EDS and also authorizes the Cily to verify tlie accuracy of any information subir.ir.ed in this EDS.
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Parry must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current Cora longet period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
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F.I. The Disclosing Parly is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are 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. Genetal 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.I. 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 Parry has reason to believe has not provided or cannot provide truthful certifications
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.I., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf 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 ofthe date furnished to the City.
Gendell Partners 76th & Ashland LLC
(Print or lype^jame of Disclosing Party)
(Sign here) Scott Gendell
(Print or type name of person signing)
Manager
(Print or type title of person signing)
Signed and sworn to before me on (date) jV*ver4cr 2^ ^
at f County, J- ^ (state).
.ommission expires
Notary Public.
Pa«e 12 of 13
OFFICIAL SEAL QAN8EL WANDER NOTARY PUBUC - STATE Cf ILUNOIS MVCOKMSSON EXPW£S:05/3ari6
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTVIEN f HP \{>S
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" \\ iih any elected cily official or department head. A ""familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or an> "Applicable Party" or any Spouse or Domestic Parmer thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law. stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section Il.B.l.a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Party is a general partnership: all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party ,i limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Parmer thereof currently have a "familial relationship" with an elected city official or department head?
[]Yes [x]No
If yes, please identify below (1) the name and title of such person, (2) lhe name ofthe legal entity to winch such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such, familial relationship.
Page 13 of 13
Attachment 1 To EDS
For Gendell Partners 75th / Ashland LLC
Section II - B. 2.
- Scott Gendell
3201 Old Glenview Road, suite 300 Wilmette, Illinois 60091
Percentage Interest in Disclosing Party: 93%
- Dan Wander
3201 Old Glenview Road, suite 300 Wilmette, Illinois 60091
Percentage Interest in Disclosing Party: 4%
- Robert Swanson
3201 Old Glenview Road, suite 300 Wilmette, Illinois 60091
Percentage Interest in Disclosing Party: 2%
- Lauren Stone
3201 Old Glenview Road, suite 300 Wilmette, Illinois 60091
Percentage Interest in Disclosing Party: 1%