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OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
May 18, 2016
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith an ordinance authorizing an amendment to a previously passed land sale with Claretian Associates.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, pursuant to ordinance adopted by the City Council of the City (the "City Council") on January 10,2001, and published in the Journal of Proceedings of the City Council (the "Journal") for such date at pages 50400-50406, the City Council has previously approved the participation of and the conveyance of certain City-owned parcels to Claretian Associates, Inc., an Illinois not-for-profit corporation (the "Developer""), for the construction of homes under the City's New Homes for Chicago Program (the "New Homes Program"); and
WHEREAS, pursuant to such ordinance and the New Homes Program, the City and the Developer have entered into that certain "Redevelopment Agreement. New Homes For Chicago Program, Claretian Associates, Inc." ("Redevelopment Agreement"), dated as of July 9, 2002, and recorded in the Recorder's Office of Cook County, Illinois (the "Recorder's Office") on July 24, 2002, as document no. 0020808096, as amended by that certain "First Amendment to Redevelopment Agreement" ("First Amendment"), dated December 4, 2003, and recorded in the Recorder's Office on December 5, 2003, as document no. 0333931058 (the Redevelopment Agreement, as amended by the First Amendment, the "First Amended Redevelopment Agreement"); and
WHEREAS, pursuant to ordinance adopted on April 26,2006, and published in the Journal for such date at pages 75201 - 75212, the City and the Developer have entered into that certain "Second Amendment to Redevelopment Agreement" ("Second Amendment"), dated as of January 23, 2007, and recorded in the Recorder's Office on January 29, 2007, as document no. 0702933169 (the First Amended Redevelopment Agreement, as amended by the Second Amendment, the "Current RDA"); and
WHEREAS, pursuant to a release dated May 2,2016, and recorded in the Recorder's Office on May 3,2016, as document no. 1612416017, the City has previously released various City-owned parcels from the Current RDA because the deadline by which such parcels could be conveyed to the Developer had expired; and
WHEREAS, the City and the Developer desire to amend the Current RDA, for the puiposes of: (i) releasing from the Current RDA Parcel 1 identified in Exhibit A to this ordinance (the "9130 S. Burley Parcel"); (ii) allowing the Developer to convert the unfinished single-family home on the two (2) lots that comprise Parcel 2 identified in Exhibit A (collectively, the "9230 S. Brandon Parcel") to an affordable rental two-flat residential building; and (iii) allowing the Developer to convert the unfinished single-family home on the Private Parcel (9128 S. Burley Avenue) identified in Exhibit B to this ordinance to an affordable, rental two-flat residential building. It is anticipated that the Developer will combine the 9130 S. Burley Parcel with the Private Parcel for the purpose of developing a two-flat residential building on the Private Parcel, which development is subject to applicable zoning; now, therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals, and the statements of fact and findings made therein, are incorporated herein and made a part of this ordinance.
SECTION 2. The Commissioner of the City's Department of Planning and Development ("Commissioner") or a designee of the Commissioner is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and deliver an amendment to the Current RDA, in substantially the form attached hereto as Exhibit C and made a part hereof (the "Third Amendment"), and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Third Amendment, with such changes, deletions and insertions as shall be approved by the persons executing the Third Amendment.
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 4. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall be in full force and effect immediately upon its passage and approval.
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EXHIBIT A
LEGAL DESCRIPTIONS OF PARCEL 1 AND PARCEL 2
(Subject to Final Title Commitment and Survey)
Parcel 1: LOT 18 IN BLOCK 67 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYING NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9130 S. Burley Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-406-023
Parcel 2: LOTS 12 & 13 IN BLOCK 86 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYING NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9228 and 9230 S. Brandon Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-412-019
26-06-412-020
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EXHIBIT B
LEGAL DESCRIPTION OF PRIVATE PARCEL
(Subject to Final Title Commitment and Survey)
LOT 17 IN BLOCK 67 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYING NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9128 S. Burley Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-406-022
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EXHIBIT C FORM OF THIRD AMENDMENT
[Attached]
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THIRD AMENDMENT TO REDEVELOPMENT AGREEMENT
This Third Amendment to Redevelopment Agreement ("Third Amendment"), dated as of
, 2016, is made by and between the City of Chicago, an Illinois municipal corporation,
having its offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602 ("City"), acting by and through its Department of Planning and Development ("DPD"), as successor to the Department of Housing, and Claretian Associates, Inc., an Illinois not-for-profit corporation, having its principal office at 9108 S. Brandon Avenue, Chicago, Illinois 60617 ("Developer"). Capitalized terms not otherwise defined herein shall have the meaning given in the Current RDA (as defined below).
RECITALS
WHEREAS, the City, as a home rule unit under the 1970 Constitution of the State of Illinois, has the authority to promote the health, safety and welfare of its inhabitants, to prevent the spread of blight and to encourage private development in order to enhance the local tax base and create employment, and to enter into contractual agreements with third parties for the purpose of achieving the aforesaid purposes; and
WHEREAS, pursuant to ordinance adopted by the City Council of the City (the "City Council") on January 10,2001, and published in the Journal of Proceedings of the City Council (the "Journal") for such date at pages 50400-50406, the City Council has previously approved the participation of and the conveyance of certain City-owned parcels to Claretian Associates, Inc., an Illinois not-for-profit corporation (the "Developer"), for the construction of homes under the City's New Homes for Chicago Program (the "New Homes Program"); and
WHEREAS, pursuant to such ordinance and the New Homes Program, the City and the Developer have entered into that certain "Redevelopment Agreement, New Homes For Chicago Program, Claretian Associates, Inc." ( "Redevelopment Agreement"), dated as of July 9, 2002, and recorded in the Recorder's Office of Cook County, Illinois (the "Recorder's Office") on July 24. 2002, as document no. 0020808096, as amended by that certain "First Amendment to Redevelopment Agreement" ("First Amendment"), dated December 4, 2003, and recorded in the Recorder's Office on December 5, 2003, as document no. 0333931058 (the Redevelopment Agreement, as amended by the First Amendment, the "First Amended Redevelopment Agreement"); and
WHEREAS, pursuant to ordinance adopted on April 26, 2006, and published in the Journal for such date at pages 75201 - 75212, the City and the Developer have entered into that certain "Second Amendment to Redevelopment Agreement" ("Second Amendment"), dated as of January 23, 2007, and recorded in the Recorder's Office on January 29, 2007, as document no. 07029331.69 (the First Amended Redevelopment Agreement, as amended by the Second Amendment, the "Current RDA"); and
WHEREAS, pursuant to a release dated May 2,2016, and recorded in the Recorder's Office on May 3,2016, as document no. 1612416017, the City has previously released various City-owned
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parcels from the Current RDA because the deadline by which such parcels could be conveyed to the Developer had expired; and
WHEREAS, pursuant to ordinance adopted on , 2016 and published in the
Journal for such date at pages - , the City and the Developer have entered into
this Third Amendment, for the purposes of: (i) releasing from the Current RDA Parcel 1 identified in Exhibit 1 to this Third Amendment (the "9130 S. Burley Parcel"); (ii) allowing the Developer to convert the unfinished single-family home on the two (2) lots that comprise Parcel 2 identified in Exhibit 1 (collectively, the "9230 S. Brandon Parcel") to an affordable rental two-flat residential building (as further described below); and (iii) allowing the Developer to convert the unfinished single-family home on the Private Parcel (9128 S. Burley Avenue) identified in Exhibit 2 to this Third Amendment to an affordable rental two-flat residential building (as further described below). It is anticipated that the Developer will combine the 9130 S. Burley Parcel with the Private Parcel for the purpose of developing the two-flat residential building;
NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
SECTION 1. INCORPORATION OF RECITALS.
The recitals set forth above constitute an integral part of this Third Amendment and are incorporated herein by this reference as if fully set forth herein.
SECTION 2. CONFLICT.
In the event of a conflict between the terms of the Current RDA and the terms of this Third Amendment, the terms of this Third Amendment shall govern and control.
SECTION 3. CONSTRUCTION OF THE PROJECT.
The Developer shall convert the unfinished single-family home on the 9230 S. Brandon Parcel to an affordable rental two-flat residential building. The Developer shall also convert the unfinished single-family home on the Private Parcel to an affordable, rental two-flat residential building.
Each two-flat residential building shall be developed in accordance with plans and specifications to be reviewed and approved by DPD. The approval of any working drawings and specifications by the Department's Bureau of Housing is for the purpose of this Third Amendment only and does not constitute the approval required by the City's Department of Buildings, any other Department Bureau (such as, but not limited to, the Department's Bureau of Zoning), or any other City department; nor does the approval by the Department pursuant to this Third Amendment constitute an approval of the quality, structural soundness or the safety of any improvements located or to be located on the 9130 S. Burley Parcel, 9230 S. Brandon Parcel or the Private Parcel, as
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applicable. The approval given by the Department shall be only for the benefit of the Developer and any lienholder authorized by this Third Amendment.
The Developer shall complete the construction of each two-flat residential building, as evidenced by the City's issuance of a Certificate of Occupancy ("COO") and DPD's issuance of Construction Close Out Letter ("CCO Letter") and a "Compliance Letter", within one (1) year from the date of the publication of the ordinance that authorized the City's execution of this Third
Amendment (i.e., one year from , 2016), unless the Commissioner of DPD, in his sole
discretion, extends such outside completion date.
SECTION 4. AFFORD ABILITY.
Each unit in the two-flat buildings to be developed on the 9230 Brandon Parcel and on the Private Parcel, for a period of seven (7) years following the later of the date of the COO, CCO Letter, and Compliance Letter, for the respective building, shall not be rented except to (a) to a household whose household income, adjusted for family size, does not exceed one hundred percent (100%) of the Chicago Primary Metropolitan Statistical Area median income ("AMI"), as published by the United States Department of Housing and Urban Development ("HUD") and (b) at a rent that does not exceed the maximum affordable rent, adjusted for household size and utilities, at one hundred percent (100%) AMI, for the applicable year as published by HUD.
For a period of seven (7) years from the first date any unit is leased, the Developer must submit an Annual Owner Certification (AOC) documentation to the Department of Planning and Development's Compliance Division by October 31 of each year, including:
The rent roll (which includes tenants name, current lease period and household composition data);
Annual Owner's Certification (using the Department's then current form, and including information on number of bedrooms and square footage);
Completed Tenant Income Certification (TIC) form with required documentation for every unit (do not need to have new forms unless there is a new tenant, or someone has been added to the lease of the current tenant);
Copy of lease agreement for every unit;
Contact information for the management company; and
Copy of the original signed Affordable Housing Profile (using the form attached to this Third Amendment as Exhibit 3).
If the Developer fails to comply with the affordability requirements set forth in this Section 4, then:
(i) If such non-compliance relates to the two-flat to be developed on the 9230 S. Brandon Parcel, then the Developer shall pay the City as damages, and not as a penalty, a dollar amount equal to the appraised fair market value of the 9230 Brandon Parcel at the time the City conveyed such parcel to the Developer, which dollar
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amount the parties agree is Ten Thousand Dollars ($ 10,000). If such non-compliance relates to the two-flat to be developed on the 9130 S. Burley Parcel and the Private Parcel, then the Developer shall pay the City as damages, and not as a penalty, a dollar amount equal to the appraised fair market value of the 9130 S. Burley Parcel at the time the City conveyed such parcel to the Developer, which dollar amount the parties agree is Five Thousand Dollars ($5,000);
In addition to any other available remedy, the City may seek an injunction or other equitable relief in court to stop any violation of this section and to recover any funds improperly obtained from any rental of a required affordable unit in violation of this section, plus costs and interest at the rate prescribed by law from the date a violation occurred;
The City may seek such other remedies and use other enforcement powers, as allowed by law. The remedies and enforcement powers established in this section are cumulative, and the City may exercise them in any order.
Any fines or penalties imposed by the city for a violation of this section, and any fees collected under this section, shall be deposited into the Affordable Mousing Opportunity Fund, unless required to be deposited into another fund pursuant to federal or state law, and shall be used and disbursed in accordance with Section 2-25-115(G) of the City's Affordable Housing Ordinance.
SECTION 5. RELEASE.
The Current RDA, as amended by this Third Amendment, other than Section 4 of this Third Amendment, shall be automatically released from the 9230 S. Brandon Parcel and from the Private Parcel, on the later of the date of the COO, the CCO Letter and the Compliance Letter, for the 9230 S. Brandon Parcel and the Private Parcel, respectively, without further action of the parties.
The City and the Developer hereby release the 9130 S. Burley Parcel from the Current RDA and this Third Amendment. It is anticipated that the Developer will combine the 9130 S. Burley Parcel with the Private Parcel for the purpose of developing a two-flat residential building on the Private Parcel, which development is subject to applicable zoning
SECTION 6. SUBSIDIES.
Notwithstanding anything in the Current RDA to the contrary, the Developer and the City agree that the City shall not provide any subsidies to the Developer with respect to the two-flat buildings to be developed on the 9130 S. Burley Parcel, 9230 S. Brandon Parcel and the Private Parcel.
SECTION 7. PROHIBITION ON CERTAIN CONTRIBUTIONS - MAYORAL EXECUTIVE ORDER NO. 2011-4.
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Section 13 of the Second Amendment is deleted in its entirety and the following is substituted for it:
Developer agrees that Developer, any person or entity who directly or indirectly has an ownership or beneficial interest in Developer of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Developer's contractors (i.e., any person or entity in direct contractual privity with Developer regarding the subject matter of this Third Amendment) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Developer and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (1) after execution of this Third Amendment by Developer, (2) while this Third Amendment or any Other Contract is executor}', (3) during the term of this Third Amendment or any Other Contract between Developer and the City, or (4) during any period while an extension of this Third Amendment or any Other Contract is being sought or negotiated.
Developer represents and warrants that from the later to occur of (1) May 16, 2011, and (2) the date the City approached the Developer or the date the Developer approached the City, as applicable, regarding the formulation of this Third Amendment, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
Developer agrees that it shall not: (1) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (2) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (3) Bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
Developer agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011 -4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011 -4.
Developer agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Third Amendment, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole and absolute discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Third Amendment, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
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If Developer intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the closing of this Third Amendment, the City may elect to decline to close the transaction contemplated by this Third Amendment.
For purposes of this provision:
"Bundle" means to collect contributions from more than one source, which is then delivered by one person to the Mayor or to his political fundraising committee.
"Other Contract" means any other agreement with the City of Chicago to which Developer is a party that is (1) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (2) entered into for the purchase or lease of real or personal property; or (3) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago.
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
Individuals are "Domestic Partners" if they satisfy the following criteria:
they are each other's sole domestic partner, responsible for each other's common welfare; and
neither party is married; and
the partners are not related by blood closer than would bar marriage in the State of Illinois; and
each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and
two of the following four conditions exist for the partners:
a. The partners have been residing together for at least 12 months.
The partners have common or joint ownership of a residence.
The partners have at least two of the following arrangements:
joint ownership of a motor vehicle;
. a joint credit account;
a joint checking account;
a lease for a residence identifying both domestic partners as tenants.
d. Each partner identifies the other partner as a primary beneficiary in a will.
"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
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SECTION 8. FAILURE TO MAINTAIN ELIGIBILITY TO DO BUSINESS WITH THE CITY.
Failure by the Developer or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibil ity to do business with the City of Chicago as required by Section 1 -23-030 of the Municipal Code of Chicago shall be grounds for termination of the Third Amendment and the transactions contemplated thereby. Developer shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.
SECTION 9. INSPECTOR GENERAL AND LEGISLATIVE INSPECTOR GENERAL.
It is the duty of every officer, employee, department, agency, contractor, subcontractor, developer and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, of the Municipal Code of Chicago. The Developer understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago.
SECTION 10. 2014 CITY HIRING PLAN.
The City is subject to the June 16, 2014 "City of Chicago Hiring Plan" (as amended, the "2014 City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the 2014 City liiring Plan prohibits the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
Developer is aware that City policy prohibits City employees from directing any individual to apply for a position with Developer, either as an employee or as a subcontractor, and from directing Developer to hire an individual as an employee or as a subcontractor. Accordingly, Developer must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Developer under this Third Amendment are employees or subcontractors of Developer, not employees of the City of Chicago. This Third Amendment is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Developer.
Developer will not condition, base, or knowingly prejudice or affect any term or aspect to the employment of any personnel provided under this Third Amendment, or offer employment to any individual to provide services under this Third Amendment, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Third Amendment, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates
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for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
In the event of any communication to Developer by a City employee or City official in violation of subparagraph (ii) above, or advocating a violation of subparagraph (iii) above, Developer will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office of the Inspector General (the "OIG"), and also to the head of the relevant City Department utilizing services provided under this Third Amendment. Developer will also cooperate with any inquiries by the OIG.
SECTION 11. COUNTERPARTS.
This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single, integrated instrument.
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IN WITNESS WHEREOF, the parties hereto have executed or caused this Third Amendment to be executed as of the date first written above.
CITY OF CHICAGO, acting by and
through its Department of Planning and Development
By:
David L. Reifman Commissioner
CLARETIAN ASSOCIATES,
an Illinois not-for-profit corporation
By:
Name:
Its:
THIS INSTRUMENT PREPARED BY, AND AFTER RECORDING, PLEASE RETURN TO:
City of Chicago
Department of Law
121 North LaSalle Street, Room 600
Chicago, Illinois 60602
312/744-0200
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STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that David L. Reifman, personally known to me to be the Commissioner of the Department of Planning and Development of the City of Chicago, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being first duly sworn by mc acknowledged that as such Commissioner, he signed and delivered the said instrument, pursuant to authority given by the City of Chicago, as his free and voluntary act and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2016.
Notary Public (SEAL)
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that , personally known to me to be the
of Claretian Associates, Inc., an Illinois not-for-profit corporation, and personally
known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and being.first duly sworn by me acknowledged that as such he signed and delivered the said instrument, pursuant to authority given by the bylaws and board of such corporation, as his free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2016.
Notary Public (SEAL)
(sub) EXHIBIT 1 to Third Amendment
LEGAL DESCRIPTIONS OF PARCEL 1 AND PARCEL 2
(Subject to Final Title Commitment and Survey)
Parcel 1: LOT 18 IN BLOCK 67 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYING NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9130 S. Burley Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-406-023
Parcel 2: LOTS 12 & 13 IN BLOCK 86 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYING NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9228 and 9230 S. Brandon Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-412-019
26-06-412-020
(sub) EXHIBIT 2 to Third Amendment
LEGAL DESCRIPTION OF PRIVATE PARCEL
(subject to final title commitment and survey)
LOT 17 IN BLOCK 67 IN SOUTH CHICAGO, A SUBDIVISION BY THE CALUMET & CHICAGO CANAL & DOCK COMPANY OF THE EAST HALF OF THE WEST HALF AND PARTS OF THE EAST FRACTIONAL HALF OF FRACTIONAL SECTIONAL 6, NORTH OF THE INDIAN BOUNDARY LINE, AND THAT PART OF FRACTIONAL SECTION 6, SOUTH OF THE INDIAN BOUNDARY LINE, LYTNG NORTH OF THE MICHIGAN SOUTHERN R. R, AND FRACTIONAL SECTION 5, NORTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 37 NORTH, RANGE 15 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
Commonly known as: 9128 S. Burley Avenue, Chicago, Illinois 60617
Permanent Index Number: 26-06-406-022
(sub) EXHIBIT 3 to Third Amendment AFFORDABLE HOUSING PROFILE FORM [Attached]
Affordable Rental Housing Profile Form
Date:
SECTION 1: DEVELOPMENT INFORMATION
Development Name:
Development Address:
Ward: 10
Type of City involvement: City Land conveyed under an expired NHFC RDA
SECTION 2: DEVELOPER INFORMATION
Developer Name: Claretian Associates, Inc.
Developer Contact (Project Coordinator): Angela Hurlock
Developer Address: 9108 S. Brandon Avenue / Chicago, Illinois 60617
Email address: angelah@claretianassociates.org
Telephone Number: (773)734-9181
SECTION 3: DEVELOPMENT INFORMATION
Affordable units required: 2 (per two-flat building)
Building details
In addition to water, which of the following utilities will be included in the rent:
Cooking gas Electric Gas Heat Electric Heat Other (describe on back)
Estimated date for the commencement of marketing:
Estimated date for completion of the units:
BR/BA No. Units Total SqFt Proposed Affordable Rent Proposed AMI Level
Unit 1 |99| 100%
Unit 2 |99| 100%
*Rent amounts updated annually in the "City of Chicago's Maximum Affordable Monthly Rent Chart" Authorization to Proceed (to be completed by Developer & DPD)
Angela Hurlock, Executive Director Date
Irma Morales, Assistant Commissioner Date
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Claretian Associates Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [ ] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party 9108 south Brandon Avenue,
Chicago, Illinois 60617
C. Telephone: (773)734-9181 Fax: (773)-734-9221 Email: angelah@cIaretianassociates.org
D. Name of contact person: Angela Hurlock
Federal Employer Identification No. (if you have one): i
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):
New Homes for Chicago Property transfer from single home to multi family rental units.
Which City agency or department is requesting this EDS? Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following: N/A
Specification # N/a and Contract # N/a
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SECTION II- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
[ J Person
[ ] Publicly registered business corporation
[ ] Privately held business corporation
[ ] Sole proprietorship
[ ] General partnership
[ ] Limited partnership
[ ] Trust
[ ] Limited liability company
[] Limited liability partnership
[ ] Joint venture
[X] Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
[X] Yes []No [ ] Other (please specify)
For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [X] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
Treasurer
If the entity is a general partnership, limited partnership, limited liability company, limited liability
partnership or joint venture, list below the name and title of each general partner, managing member,
manager or any other person or entity that controls the day-to-day management of the Disclosing Party.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
No Members
Board of Directors
Reverend Mark Brummel .CMF
Board Chair
Andrea Danks
Board of Directors
Andy Jaworski
Board of Directors
Reverend Corwin Lasenby
Board of Directors
Brendan Malone
Board of Directors
Deanna Simmons Memon
Board of Directors
Jorge Perez
Board of Directors
GailPeters
Board of Directors
Reverend Benjamin Romero Arrieta, CMF
Board of Directors
Edward M. Polich
Jackie Rouse
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
None ¦
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [ X] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
Jeff Leslie (retained) Mandel Legal Clinic Attorney Pro Bono
(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
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 [X] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, slate or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, 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 party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
Page 6 of 13
If 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 a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
N/A :
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a
complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the
12-month period preceding the execution date of this EDS, to an employee, or elected or appointed
official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything
made generally available to City employees or to the general public, or (ii) food or drink provided in the
course of official City business and having a retail value of less than $20 per recipient (if none, indicate
with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [ X] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
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 words or terms that are defined in Chapter 2-156 of the Municipal Code have 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 of the City have a financial interest in his or hei own name or in the name of any other person or entity in the Matter?
[ ] Yes [X] No
NOTE: If you checked "Yes" to Item D.I., proceed to Items D.2. and D.3. If you checked "No" to Item D.I., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the; City, or (if) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for.property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning, of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] 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 ei ther 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
_X_1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
. 2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
N/A :
SECTION VI -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
N/A ; .
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations. N/A
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No" "
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
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 part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up 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 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
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F. I. The Disclosing Party is not delinquent in the payment of any tax administered by die Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to 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 wi ll not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain, from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written cdnsent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the 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 of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Claretian Associates Inc.
(Print or type name of Disclosing Party)
Angela Hurlock
(Print or type name of person signing)
Executive Director
(Print or type title of person signing)
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7-5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner 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 of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the 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 Partner thereof currently have a "familial relationship" with an elected city official or departmenthead?
[ ] Yes [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entityto which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPEND DC B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix: is to be completed only by (a) the Applicimt, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code?
[ ]Yes
2. If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code?
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofflaw or problem landlord and the address of the building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.