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This record contains private information, which has been redacted from public viewing.
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Type:
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Ordinance
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Status:
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Passed
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Title:
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Zoning Reclassification Map Nos. 11-F and 11-G at 4400-4458 N Clarendon Ave and 4401-4415 N Clarendon Ave - App No. 17707
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Topic:
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ZONING RECLASSIFICATIONS - Map No. 11-F, - ZONING RECLASSIFICATIONS - Map No. 11-G
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FINAL FOR PUBLICATION AMENDED ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the Institutional Planned Development No. 138 and RM-5 Residential Multi-Unit District symbols and indications as shown on Map Numbers 11-F and 11-G in the area bounded by: West Sunnyside Avenue; North Clarendon Avenue; a line approximately 176.96 feet north of and parallel to West Montrose Avenue; a line approximately 85.01 feet east of and parallel to North Clarendon Avenue; a line approximately 162.96 feet north of and parallel to West Montrose Avenue; a line approximately 136.61 feet east of and parallel to North Clarendon Avenue; West Montrose Avenue; the public alley next west of and parallel to North Clarendon Avenue; a line approximately 154.33 feet south of and parallel to West Agatite Avenue; a line approximately 472.54 feet west of and parallel to North Clarendon Avenue; West Agatite Avenue; the public alley next west of and parallel to North Clarendon Avenue; to those of B3-5 Community Shopping District. SECTION 2. That the Chicago Zoning Ordinance be amended by changing all of the B3-5 Community Shopping District symbols and indications as shown on Map Numbers 11-F and 11-G in the area bounded by: West Sunnyside Avenue; North Clarendon Avenue; a line approximately 176.96 feet north of and parallel to West Montrose Avenue; a line approximately 85.01 feet east of and parallel to North Clarendon Avenue; a line approximately 162.96 feet north of and parallel to West Montrose Avenue; a line approximately 136.61 feet east of and parallel to North Clarendon Avenue; West Montrose Avenue; the public alley next west of and parallel to North Clarendon Avenue; a line approximately 154.33 feet south of and parallel to West Agatite Avenue; a line approximately 472.54 feet west of and parallel to North Clarendon Avenue; West Agatite Avenue; the public alley next west of and parallel to North Clarendon Avenue; to those of Residential-Business Planned Development No. 138. SECTION 3. This ordinance shall be in force and effect from and after its passage and due publication. j: FINAL FOR PUBLICATION final PLANNED DEVELOPMENT NUMBER 138 STANDARD PLANNED DEVELOPMENT STATEMENTS The area delineated herein as Planned Development Number 138 (Planned Development) consists of approximately 195,591 gross square feet (approximately 131,186 net square feet) of property which is depicted on the attached Planned Development Boundary and Property Line Map (the Property). For purposes of this Planned Development, the Property consists of three sub-areas, delineated on the attached Planned Development Boundary/Sub-Area Map as Sub-Area A, Sub-Area B and Sub-Area C. The Property is owned by the Missionary Sisters of the Sacred Heart (Owner). The "Applicant" for purposes of this Planned Development with respect to Sub-Area A and Sub-Area C is Montrose Clarendon Partners, LLC, with the authorization of the Owner. The Owner is the "Applicant" for purposes of this Planned Development with respect to Sub-Area B. The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors. All rights granted hereunder to the Applicant shall inure to the benefit ofthe Applicant's successors and assigns and, if different than the Applicant, the legal title holder and any ground lessors. Furthermore, pursuant to the requirements of Sec. 17-8-0400 of the Chicago Municipal Code (Municipal Code), the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development are made, shall be under single ownership or designated control. Single designated control is defined in Sec. 17-8-0400 ofthe Municipal Code. All applicable official reviews, approvals or permits are required to be obtained by the Applicant or its successors, assignees or grantees. Any dedication or vacation of streets or alleys or grants of easements or any adjustment of the right-of-way shall require a separate submittal to the Department of Transportation (CDOT) on behalf of the Applicant or its successors, assigns or grantees. Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Plans. Ingress or egress shall be pursuant to the Plans and may be subject to the review and approval ofthe Department of Planning and Development (DPD) and CDOT. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval of CDOT. All work proposed in the public way must be designed and constructed in accordance with the CDOT Construction Standards for Work in the Public Way and in compliance with the Municipal Code. Prior to the issuance of any Part II approval, the submitted plans must be approved by CDOT. 4. This Plan of Development consists of these 17 Statements, a Bulk Regulations and Data Table, a Sub-Area A Affordable Housing Profile Form, a Sub-Area B Affordable Housing Profile Form and the following exhibits, prepared by Hartshorne Plunkard Architecture: an Existing Aerial Map, an Existing Land-Use Map, an Existing Zoning Map; a Planned Development Boundary/Sub-Area Map; an Overall Site/Landscape Plan; a Sub-Area A Site Plan; a Sub-Area A Landscape Plan; a Sub-Area B Site Plan; a Sub-Area B Landscape Plan; Applicant. Montrose Clarendon Partners. LLC and Missionary Sisters ofthe Sacred Heart Address • 4400-58 and 4401-15 North Clarendon Avenue Introduced. April 3; 2013 Plan Commission: January 21. 2016|1010| FINAL FOR PUBLICATION final a Sub-Area B Interim Site/Landscape Plan; a Sub-Area C Site Plan; a Sub-Area C Landscape Plan; a Sub-Area A Green Roof Plan; a Sub-Area B Green Roof Plan; a Sub-Area C Green Roof Plan; a Sub-Area A 4th Floor Plan; a Sub-Area A Typical Floor Plan; a Sub-Area B Typical Floor Plan; Sub-Area A East Elevation; Sub-Area A North Elevation; Sub-Area A South Elevation; Sub-Area A West Elevation; Sub-Area B East and West Elevations; Sub-Area B North and South Elevations; and, Sub-Area C Elevations dated January 21, 2016 submitted herein (collectively, the Plans). Full-sized copies of the Site/Landscape Plans and Building Elevations are on file with DPD. In any instance where a provision of this Planned Development conflicts with the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Municipal Code, and all requirements thereof, and satisfies the established criteria for approval as a Planned Development. In case of a conflict between the terms of this Planned Development Ordinance and the Municipal Code, this Planned Development Ordinance shall control. The following uses are permitted within the Planned Development: Sub-Area A: dwelling units located at or above the ground floor (multi-unit residential and townhouse); cultural exhibits and libraries; day care; postal service; business support services; eating and drinking establishments; banks; food and beverage retail sales (liquor sales as package goods and accessory use); medical service; office; personal service; dry cleaning (drop-off or pick-up); retail sales (general); sports and recreation (participant, indoor, physical fitness center); wireless communication facilities (co-located); accessory parking; non-accessory parking; and, accessory and related uses. Sub-Area B: dwelling units located at or above the ground floor (multi-unit residential); accessory parking; construction staging directly related to the provision of the improvements proposed for Sub-Areas A and C; and, accessory and related uses. Sub-Area C: day care; postal, service; business support services; eating and. drinking establishments; banks; food and beverage retail sales (liquor sales as package goods and accessory use); medical service; office; personal service; dry cleaning (drop-off or pick-up); retail sales (general); sports and recreation (participant, outdoor, indoor, physical fitness center, children's play center); wireless communication facilities (co-located); accessory parking; and, accessory and related uses. Subsequent to the completion of construction of the provision of the improvements proposed for Sub-Areas A and C and prior to the issuance of the final Certificate of Occupancy for the improvements proposed in Sub-Area A, either of the following conditions must be fulfilled: (i) Part 11 Review, pursuant to Section 17-13-0610 of the Municipal Code, for the improvements proposed for Sub-Area B, as described in PD Statement 5 and the exhibits associated with this PD, must have commenced; or, (ii) the improvements depicted in the Sub-Area B Interim Site/Landscape Plan, as described in the exhibits associated with this PD, must be completely installed or otherwise provided by the following June lsl, if such Certificate of Occupancy for Sub-Area A is requested at such a time when seasonal weather conditions would not allow completion of the Sub-Area B Interim Site/Landscape Plan. Applicant: Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart Address: 4400-58 and 4401-15 North Clarendon Avenue Introduced' April 3, 2013 Plan Commission January 21, 2016|1010| FINAL FOR PUBLICATION Prior to the issuance of the final Certificate of Occupancy for the improvements proposed in Sub-Area A, the Applicant commits to provide left turn lanes and actuated left turn arrows on the east and west approaches of West Montrose Avenue at its intersection with North Clarendon Avenue. On-Premise signs and temporary signs, such as construction and marketing signs, shall be permitted within the Planned Development, subject to the review and approval of DPD. Off-Premise signs are prohibited within the boundary of the Planned Development. For purposes of height measurement, the definitions in the Municipal Code shall apply. The height of any building shall also be subject to height limitations, if any, established by the Federal Aviation Administration. The maximum permitted Floor Area Ratio (FAR) for the site shall be in accordance with the attached Bulk Regulations and Data Table. For the purposes of FAR calculations and measurements, the definitions in the Municipal Code shall apply. The permitted FAR identified in the Bulk Regulations Table has been determined using a Net Site Area of 131,186 square feet. Upon review and determination, Part II Review, pursuant to Section 17-13-0610 of the Municipal Code, a Part II Review Fee shall be assessed by DPD. The fee, as determined by staff at the time in accordance with the Municipal Code, is final and binding on the Applicant and must be paid to the Department of Revenue prior to the issuance of any Part 11 approval. The Site and Landscape Plans shall be in substantial conformance with the Landscape Ordinance and any other corresponding regulations and guidelines, including Section 17-13-0800 of the Municipal Code. Final landscape plan review and approval will be by DPD. Any interim reviews associated with site plan review or Part II reviews, are conditional until final . Part II approval. The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners of the Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-125 ofthe Municipal Code, or any other provision of that Code. The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant to Section 17-13-0611-A of the Municipal Code by the Zoning Administrator upon the application for such a modification by the Applicant, its successors and assigns and the legal title holders and any ground lessors. The Applicant acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor's Office for People with Disabilities to ensure compliance with all Applicant. Montrose Clarendon Partners, LLC and Missionary' Sisters ofthe Sacred Heart Address 4400-58 and 4401-15 North Clarendon Avenue Introduced- April 3, 2013 Plan Commission: January 21, 2016|1010| FINAL FOR PUBLICATION applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility. The Applicant acknowledges that it is in the public interest to design, construct, renovate and maintain all buildings in a manner that provides healthier indoor environments, reduces operating costs and conserves energy and natural resources. The Planned Development will be LEED certified (Leadership in Energy and Environmental Design) and include a green roof over at least 50% of the Net Roof Area; provided, however, that if any portion of this Planned Development, receives tax increment financing, such portion shall be LEED certified and include a green roof over 100% of the Net Roof Area of that portion. The Applicant acknowledges and agrees that the rezoning of the Property from Institutional Planned Development 138 and RM-5 (Residential Multi-Unit District) lo, first, the B3-5 (Community Shopping District), then back to Planned Development 138, for construction of this Planned Development triggers the requirements of Section 2-45-110 ofthe Municipal Code (the 2007 Affordable Requirements Ordinance or ARO). Any developer of a "residential housing project" within the meaning ofthe ARO must: (i) set aside 10% ofthe housing units in the residential housing project as affordable units (Affordable Units) if the developer receives city land or zoning assistance, or 20% if the developer receives financial assistance, such as tax increment financing (TIF); (ii) pay a fee in lieu of the development of the Affordable Units; or (iii) any combination of (i) and (ii). The foregoing compliance options are referred to herein as Option (i), Option (ii), and Option (iii). In Sub-Area A, the Applicant intends to construct a total of 381 dwelling units and has filed an application for TIF for the project. If the Applicant receives TIF funds, the Sub-Area A project will require 77 Affordable Units (20% * 381 = 76.2, rounded up = 77) under Option (i), or an in lieu fee (Cash Payment) in the amount of $7,700,000 (77 * $100,000) under Option (ii), or a combination under Option (iii). If the Applicant does not receive TIF funds, . the Sub-Area A project will require 39 Affordable Units (10% x 381 = 3.8.1, rounded up = 39) under Option (i), or a Cash Payment in the amount of $3,900,000 (39 * $100,000) under Option (ii), or a combination under Option (iii). The Applicant has elected lo comply with the ARO in Sub-Area A through a combination under Option (iii), as described below and in the Affordable Housing Profile Form for Sub-Area A attached hereto. First, the Applicant will provide 20 Affordable Units in Sub-Area A, regardless of whether the project receives TIF funds. If the Applicant receives TIF funds, 10 of the 20 Affordable Units will be affordable to households earning no more than 50% of the Chicago Primary Metropolitan Statistical Area Median Income (AMI) and the other 10 will be affordable to households earning no more than 60% of AMI. If the project does not receive TIF funds, all 20 Affordable Units will be affordable lo households earning no more than 60% of AMI. Second, the Applicant will satisfy its remaining ARO obligation by making a Cash Payment-in the amount of $5,700,000 (77 required Affordable Units - 20 provided Affordable Units = 57 x $100,000) ifthe Applicant receives TIF funds, or $1,900,000 (39 required Affordable Units - 20 provided Affordable Units = 19 * $100,000) if it does not. Applicant: Montrose Clarendon Partners. 1.1 .C and Missionary Sisters ofthe Sacred Heart Address: 4400-58 and 4401-15 North Clarendon Avenue Introduced: April 3, 2013 Plan Commission: January 21. 2016|1010| FINAL FOR PUBLICATION In Sub-Area B, the Applicant intends to construct a total of 250 dwelling units without any TIF or other financial assistance from the city, and has elected to comply with the ARO by making a Cash Payment in the amount of $2,500,000 (250 dwelling units * 10% = 25 required Affordable Units x $100,000 per unit), as set forth in the Affordable Housing Profile Form for Sub-Area B attached hereto. At the time of each Part II review for Sub-Area A or Sub-Area B, Applicant may update and resubmit the applicable Affordable Housing Profile Form to DPD for review and approval. If the Applicant subsequently reduces or increases the number of dwelling units in either sub-area, DPD may adjust the requirements of this Statement 16 (i.e., number of required Affordable Units and/or amount of Cash Payment) accordingly without amending the Planned Development. Prior to the issuance of any building permits within Sub-Area A or Sub-Area B, including, without limitation, excavation or foundation permits, the Applicant must make the required Cash Payment. The Applicant intends to develop Sub-Area A and Sub-Area B as separate projects in phases, and the Cash Payment for each sub-area shall be calculated separately and paid at the time building permits are sought for the applicable sub-area. In the case of Sub-Area A, where the Applicant is providing Affordable Units, the Applicant must also execute and record an affordable housing agreement in accordance with Section 2-45-110(i)(2) of the Municipal Code prior to the issuance of any building permits for Sub-Area A. The terms of the affordable housing agreement and any amendments thereto are incorporated herein by this reference. The Applicant acknowledges and agrees that the affordable housing agreement will be recorded against Sub-Area A, or the applicable portions thereof, and will constitute a lien against such property. The Commissioner of DPD may enforce remedies for any breach of this Statement 16, including any breach of any affordable housing agreement, and enter into settlement agreements with respect to any such breach, subject to the approval of the Corporation Counsel, without amending the Planned Development. . 17. This Planned Development shall be governed by Section 17-13-0612. of the Municipal Code. , Should this Planned Development ordinance lapse, the Commissioner of DPD shall initiate a Zoning Map Amendment to rezone the property to the B3-5 (Community Shopping District). Applicant Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart Address. 4400-58 and 4401-15 North Clarendon Avenue Introduced: April 3, 2013 Plan Commission. January 21,2016|1010| FINAL FOR PUBLICATION PLANNED DEVELOPMENT 138 BULK REGULATIONS AND DATA TABLE Gross Site Area, 195,591 square feet = Net Site Area, 131,186 square feet + Area Remaining in Public Way, 64,405 square feet Net Site Area (sf) Sub-Area A Sub-Area B Sub-Area C 131,186 85,160 31,608 14,419 Maximum Floor Area Ratio (FAR) Sub-Area A Sub-Area B Sub-Area C 5.0 4.42 6.87 0.42 Maximum Floor Area (sf) Sub-Area A Sub-Area B Sub-Area C 655,930 432,648 217,282 6,000 Maximum Number of Dwelling Units Sub-Area A Sub-Area B Sub-Area C 631' 381 250 0 Maximum Commercial Floor Area (net rentable square feet) Sub-Area A Sub-Area B Sub-Area C 36,000 30,000 0 6,000 Maximum Site Coverage Per Site Plans Minimum Building Setbacks Per Site Plan Up to 37% ofthe total number of dwelling units may be efficiency units. Minimum Lot Area (MLA) per dwelling unit shall be calculated based on the overall net site area. Applicant: _Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart Address 4400-58 and 4401-15 North Clarendon Avenue Introduced: April 3, 2013 Plan Commission: January 21, 2016|1010| FINAL FOR PUBLICATION Minimum Number of Off-Street Parking Spaces Sub-Area A Sub-Area B Sub-Area C 449 278 160 11 Minimum Number of Off-Street Loading Berths Sub-Area A Sub-Area B Sub-Area C 1 - 10' x 50'; 1 - 10' x 30'; and, 4-10'x25' 1 - 10' x50'; 1 - 10' x 30'; and, 2-10'x25' 1 - 10'x25' 1 - 10' x25' Maximum Building Height (feet) Sub-Area A Sub-Area B Sub-Area C 259' 157' 20' Applicant Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart Address- 4400-58 and 4401-15 North Clarendon Avenue Introduced- April 3, 2013 Plan Commission: January 21, 2016|1010| FINAL FOR PUBLICATION 2007 Affordable Housing Profile Form (Rental) Submit this form to the Department of Planning 6V Development (DPD) for projects that are subject to the 2007 ARO. Projects submitted after October 13. 2015 - or thatdq not receive. Gity Council approval by July 13, 2016 - will be subject to the 2015 ARO; More information is online at www.citvofchicago.org/ARO .
This completed form should be returned to: Kara Breems, DPD, 121 N. LaSalle Street, Chicago, IL 60602. E-mail: kara.breems@cityofchlcago.org Telephone: (312) 744-6476
Date:
SECTION 1: DEVELOPMENT INFORMATION
Development Name: Montrose & Clarendon Development Address: Montrose & Clarendon Ward: 46lh
If you are working with a Planner at the City, what is his/her name? Type of City involvement: [^j City Land
(check all that apply) r-yi Financial Assistance (If receiving tif assistance, will tif funds be
') *if yes, please provide copy
/
|V | used for housing construction?
,—| of the TIF Eligible Expenses \Sj Zoning increase and/or PD
SECTION 2: DEVELOPER INFORMATION
Developer Name: Harlem Irving Companies Inc., JDL Development LLC Developer Contact (Project Coordinator): Rick Filler, James Letchinger Developer Address: 4 KM N. Harlem Avenue, Norridge, IL 60706 Email address: RlMllerttfHarlcmlrving.com Telephone Number: 773 625 303c
SECTION 3: DEVELOPMENT INFORMATION
a) Affordable units required
For ARO projects: ssi x 10%* = " (always round up)
Total units total affordable units required
*20% if TIF assistance is provided
For Density Bonus projects: X 25% =
Bonus Square Footage* Affordable sq. footage required
*Note that the maximum allowed bonus is 20% of base FAR in dash-5; 25% in dash-7 or -10; and 30% of base FAR in dash-12 or -16 (www.cityofchicaqo.orq/20ninq for zoning info).
b) building details
In addition to water, which ofthe following utilities will be included in the rent (circle applicable):
0 ? m ? ?.
Cooking gas electric gas heat electric heat other (describe on back)
?h as
Is parking included in the rent for the: affordable units? yes" no market-rate units? yes no
If parking is not included, what is the monthly cost per space? _?oo
Estimated date for the commencement of marketing: February, 2018
FINAL FOR PUBLICATION
Estimated date for completion of construction of the affordable units: April, 2018
Unit Type* Number of Units Number Bedroo rris/Unit Total Square Footage/Unit Expected Market Rent Proposed Affordable Rent* Proposed Level of Affordability (60% or less of AMI) Unit Mix OK to proceed?
Example 1 bed/1 bath|999|.,•800 $1000 759 . 60%'
Affordable Units ?
pleas: • SEE ATT \CHED A DDENDUM ?
?
Market Rate Units N/A N/A ?
N/A N/A ?
N/A N/A ?
Number of total units in development
(round up to nearest whole number)
For Density Bonus projects, use the following formula to calculate payment owed:
x 80% x $
Bonus Floor Area (sq ft) median price per base FAR foot
Submarket (Table for use with the Density Bonus fees-in-lieu calculations) Median Land Price per Base FAR Foot
Loop: Chicago River on north/west; Congress on south; Lake Shore Dr on east $31
North: Division on north; Chicago River on south/west; Lake Shore Dr. on east $43
South: Congress on north; Stevenson on south; Chicago River on west; Lake Shore Dr. on east $22
West: Lake on north; Congress on south; Chicago River on east; Racine on west $29
Authorization to Proceed (to be completed by Developer & DPD)
Date
/MH. 15
Date
^.jpfu^i fry
7 \~j>. 'tio\t»
FINAL FOR PUBLICATION
Unit Type* Number of Units Number of Bedrooms/ Unit Total Square Footage/Unit Expected Market Rent Proposed Affordable Rent* Proposed Level of Affordability (60% or less of AMI) Unit Mix OK to proceed?
Example. 1 bed/1 bath; 7; .'¦A: $ V1.000 $ -.759 ' \ . I 60%
Affordable Units Studio|99 9|S61 $ 1,688 $ 636 50%
Studio A|9 9|561 $ 1,688 $ 769 60%
IBed|999|759 $ 2,079 $ 674 50% /
1 Bed|999|759 $ 2,079 $ 817 60% /
2 bed|999|945 $ 2,637 S 809 50% J
2 bed|999|945 $ 2,637 $ 980 60%
Market Rate Units Studio 123|9 9|561 $ 1,688 N/A N/A
IBed 187|99|759 $ 2,079 N/A N/A
2 bed 43|99|945 $ 2,637 N/A N/A
Twnhm|999|2204 $. 5,510 N/A N/A
FINAL FOR PUBLICATION
2007 Affordable Housing Profile Form (Rental)
Submit this form to the Department of Planning & Development (DPD) for projects that are subject to the 2007 ARO. Projects submitted after October 13, 2015 - or that do not receive City Council approval by July 13, 2016 - will be subject to the 2015 ARO. More information is online at www.citvofchicago.org/ARO .
This completed form should be returned to: Kara Breems, DPD, 121 N. LaSalle Street, Chicago, IL 60602. E-mail: kara.breems@cityofchicago.org Telephone: (312) 744-6476
Date:
SECTION 1: DEVELOPMENT INFORMATION
Development Name: Montrose & Clarendon - Subarea B Development Address: Clarendon & Agatite Ward: 46th
If you are working with a Planner at the City, what is his/her name? Type of City involvement: j^J City Land
(check all that apply) i—i Financial Assistance (If receiving tif assistance, will tif funds be
L j used for housing construction? P I") "if yes, please provide copy
. j of the TIF Eligible Expenses ' '
| SECTION 2: DEVELOPER INFORMATION
Developer Name: Harlem Irving Companies Inc., JDL Developments Developer Contact (Project Coordinator): Rick Filler. James Letchinger Developer Address: 4104 N. Hariem Avenue, Norridge, ft " Email address: RFnier@Harlemlrvinq.corn Telephone Number 773 625 3036
SECTION 3: DEVELOPMENT INFORMATION
a) Affordable units reguired
For ARO projects: 250 x 10%* = 25 (always round up)
¦ Total units total affordable units required'
*20% if TIF assistance is provided
For Density Bonus projects: X 25% = .
Bonus Square Footage* Affordable sq. footage required
*Note that the maximum allowed bonus is 20% of base FAR in dash-5; 25% in dash-7 or -10; and 30% of base FAR in dash-12 or -16 (www.citvofchicaqo.org/zoninq for zoning info).
b) building details
In addition to water, which of the following utilities will be included in the rent (circle applicable):
0 ? S ? ?.
Cooking gas electric gasTieat electric heat other (describe on back)
? LZl DS
Is parking included in the rent for the: affordable units? yes no market-rate units? yes no
If parking is not included, what is the monthly cost per space?
Estimated date for the commencement of marketing: jo be determined
FINAL FOR PUBLICATION
Estimated date for completion of construction of the affordable units: To be determined
Unit Type* Number of Units Number of Bedroo ms/Unit Total Square Footage/Unit Expected Market Rent Proposed Affordable Rent* Proposed Level of Affordability (60% or less of AMI) Unit Mix OK to proceed?
5'^bedtf:,; .>-*-'.batfi ••.I'-.':. .:.'; MMm ' ¦. ;• '#n&
Affordable Units ?
?
?
Market Rate Units Studio 100|9 9|561 $1688 N/A N/A ?
1 Bed 122|99|759 $2079 N/A N/A ?
2 Bed 28|99|945 $2637 N/A N/A ?
For ARO projects, use the following formula to calculate payment owed:
(round up to nearest whole number)
250 x 10% x$100,000 = $2,500,000
Amount owed
Number of total units in development
For Density Bonus projects, use the following formula to calculate payment owed:
x 80% x $
Bonus Floor Area (sq ft) median price per base FAR foot Amount owed
Submarket (Table for use with the Density Bonus fees-in:lieu calculations) Median Land Price per Base FAR Foot
Loop: Chicago River on north/west; Congress on south; Lake Shore Dr on east $31
North: Division on north; Chicago River on south/west; Lake Shore Dr. on east $43
South: Congress on north; Stevenson on south; Chicago River on west, Lake Shore Dr. on qast $22
West; Lake orfi north; Congress on south; Chicago River on east; Racine on west $29
V
APPLICANT: MONTROSE CLARENDON PARTNERS LLC EXISTING SITE AERIAL MAP
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1,, = 400,-0"
N
APPLICANT: MONTROSE CLARENDON PARTNERS LLC EXISTING ZONING MAP
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE,
INTRODUCED: APRIL 21, 2013 PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 250'-0"
FINAL FOR PUBLICATION
LEGEND
SUBJECT PREMISES |109|INSTITUTIONAL
c BUSINESS/COMMERCIAL
R RESIDENTIAL
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE
APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 250,-0"
FINAL FOR PUBLICATION
.WJiUNNYSIDEAVL
ONt-WAT^fftAffHr-
117ns* PROPERTY LINE (P L.J
SUB AREA "B"
117.10" PROPERTY LINE (P U
_ WAGATLTE AVE.
nnF-wav TRtrnr:
«0.S<' PROPERTY UNE IP JJ
1 i
SUB AREA |
323.42' PROPERTY LINE (P.I.I
.Vv\ MONTROSE. AVjL
- 497.23' PLANNED DEVELOPMENT {P.O.] BOUNDARY -
N
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
INTRODUCED:
ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE
APRIL 21, 2013
PLANNED DEVELOPMENT BOUNDARY/ SUB-AREA MAP
PLAN COMMISSION: JANUARY 21, 2016
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SITE/ LANDSCAPE PLAN
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 100'-0"
HUM hUK rUBUUAIlUN
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'B' SITE PLAN
ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE,
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 60'-0"
nwML WK PUbLIUATION
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'B' LANDSCAPE PLAN
ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 60'-0"
FiAL FOR PUBLICATION
TOGAlllb AVE
—ONE-WAY TflAFFIS— — — — — —
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'B' INTERIM SITE PLAN
ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013 PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 60'-0"
FINAL FOR PUBLICATION
CODE BOTANICAL NAME COMMON NAME QTY CAL HT SPRD ROOT REMARKS
_ __
"~ :::: _z: ;
* BPW BfTULA POftAjFOUA WHtTESPfRE" WHfTESPfRE BIRCH - 12- BAB MULTI-STEM, 5 STEMS M1NUMUM
coc CElTtS OCCIDENTALS \>6CAGOLAND' CHKaGOLAND COMMON HACKKRRY 15' BAR SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY
GB GINKGO BILOfcA GINKGO 2J- B*B SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY
00 GYWNOCLADUS CXOCUS KENTUCIOr COTFEETREE 15- - BAB SINGLE STRAIGHT TRUNK, SPECIMEN QUALITY
OB QUERCUS BtCOLOA SWAMP WHITE OAK U>~ BAB SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY
TAR T1UA AflfWCANA TU3DMCWD- REDMOND LINDEN 15* SAB SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY
UCMG ULNUS CARTlNIFOUA "MORTON GIOSST TRRJMPH ELM 2V B&fi SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY
tl AGAB AMELANCHIE*. X GRANDIFLORA 'AUT. 6WLUANCF AUTUMN BRILLIANCE APPL SERVtCEBERRT r BAB MULTUSTEM, S STIMS M1NUMUM
CCA QrRCB CANAOCNSO EASTERN REDBUO t AMERICAN REOBUD c BAS MULTI-STEM. 1 STEMS MINUMUM
CVWK CRATAEGUS V|RjD15 "WINTER KING" WINTER KING GREEN HAWTHORN - 8" BAS SINGLE STRAIGHT TRUNK. SPECIMEN QUALITY. SPRING-DIG ONLY
MS MALLS "SCHMOTCUTLTAF GOLDEN RAINDROPS CRABAPPLE - r BAB CLUMP FORM
s ¦c X BOPD BUDOUHA DAV1DC "PINK DELIGHT PINK DELIGHT BUTTERFLY BUSH #5
BHKW BUXUS MICRO. VAR. HQS. WINTERGfUIEtM WINTERGREEN UTTLELEAF KOR. BOXWOOD - ttr to
HPT HYttftANGEA PANtCULATA TARDrVA' TARDfVA HYDRANGEA ii* BAB
JCSV HWtRUS CHINLNSC VAR. SARGCNTU -VWUCHS" GREEN SARGJNT JUNIPER - 14- Jft
ragl RHUS AROMATtCA tSHCM OYT GRO-LOW SUMAC 34- ns
RAGW WHLS ALflNUM "GREEN MOUND" GREEN MOUND ALPINE CURRANT 34* «s
RWCO ROSaX WW. KNOCK OUT PINK KNOCKOUT ROSE - 34* til
RRKO ROSAX TIED KNOCKOUT RED KNOCKOUT ROSE 24" M
RTB RHUS TYPHlNA TtAfTlGER' TIGER EYES CUTLEAF STAGHORN »* #»
S8G SP1R£A X BUMALDA "GOLDFLAME' GCtJXlAfK: SratEA 24- BAB
SMf SYRINGA METER!PAU9N DWARF KOREAN ULAC Jf - BAB
TUT TAXUS X MEDIA TAUNTONIT TAUNTON YEW - 36' BAS
V) VISUHNJM X }UtXMI KJDD FRAGRANT VIBURNUM #3
i CAKF CALAMAGROSTS ACUT1FLORA 1CARL FORESTER' KARL tORESTfcR PEA1KER REED GRASS - - - #1 T-T ON CENTER
pvs PAfHCUM VIRGATUH "SHENANDOAH* SHENANDOAH RED SWTTCH GRASS #1 TXT ON CENTER
PAH PENNSETUM ALOPECUROfDES HAMELN1 HAMELN DWARF POUNTAAN GRASS - #1 r-tr ON CENTER
SH SWOBOUJS HETEROlEPtS PRAfRE OROFSEED ffl l'^" ON CENTER
a* i EPKK ECHINACEA fuftfUREA VlTTS KNEE HW KBTS KNEE HK5H PURPLE CONEFLOWER - - #1 r-cr ON CENTER
HMfP HEUCHERA HfCRANTHA TALACE fURPLF PALACE PURPLE CORAL BELLS - #1 VXr ON CENTER
HSE HOSTA SraOLDlANA -ELEGANT ELEGANS SCBOLD1ANA HOSTA - - fll r-cr ON CENTER
HSTW HOSTA SlfBOl CXANA TRANCES WILLIAMS' FRANCES WILLIAMS StEBOIXMANA HOSTA #1 T-tT ON CENTfR
hsm HEMfROCAUjS SPECIES MIX DAYULY - ffl V-fT ON CENTER
NF NEPETA X FAASSCNU CATMtNT ffl I'-fi-ON CENTER
RFB RUDBECKIA fULGOA "BLOVr VIETTFi 1JTTLE SUZY - IMT ON CENTER
APPLICANT: MONTROSE CLARENDON PARTNERS LLC PLANT LEGEND
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE,
INTRODUCED: APRIL 21, 2013 PLAN COMMISSION: JANUARY 21, 2016 SCALE: N.T.S.
NAL FOR PUBLiCATiON
GREEN ROOF CALCULATION ¦ SUB-AREA 'A"
GROSS ROOFTOP AREA =
LESS ESTIMATED MECHANICAL AREA ¦
LESS ESTIMATED POOL AREA =
ESTIMATED NET ROOFTOP AREA =
ESTIMATED HARDSCAPED
OUTDOOR AMENITY AREA -ESTIMATED PLANTED ROOF AREA •
ESTIMATED ROOF AMENITY AREA • ESTIMATED NET GREEN ROOF % =
= GREEN ROOF TRAY
= LAWNIPLANTER
¦= PEDESTAL PAVER - COLOR #1
= PEDESTAL PAVER - COLOR H2
= WALKING! JOGGING TRACK
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'A' GREEN ROOF PLAN
ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 60'-0"
GREEN ROOF CALCULATION - SUB-AREA 'B'
GROSS ROOFTOP AREA = 24,230 SF
LESS ESTIMATED MECHANICAL AREA = 4,930 SF
LESS ESTIMATED PRIVATE TERRACE AREA = 2,800 SF
16,500 SF
ESTIMATED NET ROOFTOP AREA =
ESTIMATED HARDSCAPED
OUTDOOR AMENITY AREA -ESTIMATED PLANTED ROOF AREA -
100%
ESTIMATED GREEN ROOF AREA
ESTIMATED NET GREEN ROOF %
GREEN ROOF TRAY
LAWN/PLANTER
¦¦ PEDESTAL PAVER - COLOR ttPEDESTAL PAVER • COLOR #2 = WALKING/ JOGGING TRACK
V SECOND LEVEL ROOF
g-kt/ SECOND "^EL M--B'
r
|10 10|
N
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'B' GREEN ROOF PLAN
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: . APRIL 21,2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 60'-0"
FOR PUBLICATION
GREEN ROOF CALCULATION ¦ SUB-AREA 'B"
GROSS ROOFTOP AREA = 6,003 SF
LESS ESTIMATED MECHANICAL AREA = 1,425 SF
LESS ESTIMATED PRIVATE TERRACE AREA = 0 SF
4,578 SF
ESTIMATED NET ROOFTOP AREA =
OSF 4,578 SF
ESTIMATED HARDSCAPED
OUTDOOR AMENITY AREA -ESTIMATED PLANTED ROOF AREA ¦
4,578 SF
100%
ESTIMATED GREEN ROOF AREA -ESTIMATED NET GREEN ROOF %
el- ac-e" >.;.::-
H .|^L!|^pt^^fa
... I
N
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
SUB-AREA 'C GREEN ROOF PLAN
PLAN COMMISSION: JANUARY 21, 2016
FINAL FOR PUBLICATION
NOTE: INTERIOR LAYOUT IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY.
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'A' TYPICAL FLOOR PLAN
ADDRESS: 4400-24, 4401 -4415,4432-4458 N. CLARENDON AVE.
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1" = 50'
NOTE: INTERIOR LAYOUT IS SHOWN FOR ILLUSTRATIVE PURPOSES ONLY.
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
ADDRESS: 4400-24,4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016
SUB-AREA 'B' TYPICAL FLOOR PLAN
FINAL FOR PUBLICATION
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW
g MODULAR BRICK
10 GLASS GARAGE DOOR
11 PAINTED CONCRETE
12 LOUVER
11 ROOF SLAB
il: -2M-I T| 26TH FLOOR SLAB
LL -247-0- *f Tf 2bTH FtOOR SLAB
EL. -JI8-0-TIZZHimQOR S1AB
LL. ¦ 7W TfJIST FLOOR SLAB
fL. -13B-I- t" HJCTHFLOORSIAB
EL • lta-O" ™ Tl 19TH FLOOR SUB jL
EL -U9-4- T T| 1BTH FLOOR SLAB
FL. • IG9 -"- t Tl 171H FLOOR SLAB
IL • 1G0-0" I11BTH flOOR SlAB
IL. - 13T-01
FLOOR SUB Jv LL - 111 4' *f
If 13THI-L00R SLAB f
EL - 121-4" TI12TH FLOOR SUB A
TMllHHOORSLAB .
FLOOR SLAB EL *9I-<- ™
Tl 9TH FLOOR SLAB , T| 8TH FLOOR SLAB
OOR SLAB EL * 73 -0" T Tl 7TH FLOOR SLAB ,
11
8 1
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35
355 B5 I B5SBS BBS I LB 355 BE I BS5535 B BS 151
5 B5 I BS I515 B B5 I B.
35
35
BS I B
355 BS I BSSS1S1BB5 I B
BS IBS IBS] IBS IB
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355 Bffll BSSfflfflBBS I B 355 BSjl BSSffiSjllBS I I. 355 BS I B5S515IBB5 II.
rmm m i bsSsisIi bs iS
55 BS I BESfflSlBBS 15 355 B5 I BSSS1S BBS 15 355 BS I BS IfflS BB5 I B
BS I BSSfflfflBBS I B B5 I BS5fBfflI B5 15 B5 I B55SSI B5 15
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5 151 S ISIE !5 ISIE iS 151
EAST ELEVATION
SCALE: 1/64" = 1'-0"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC SUB-AREA 'A' EAST ELEVATION
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013 PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = V-O"
NfciAL FOR PUBLICATION
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL
7 8 METAL PANEL
PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 PAINTED CONCRETE
12 LOUVER
NORTH ELEVATION
SCALE: 1/64" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE
INTRODUCED: APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = 1'-0"
SUB-AREA 'A' NORTH ELEVATION
FINAL FOR PUBLICATION
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 PAINTED CONCRETE
12 LOUVER
SOUTH ELEVATION
SCALE: 1/64" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
INTRODUCED:
ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE
APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1164" = V-O"
FINAL FOR
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 PAINTED CONCRETE
12 LOUVER
m-
H2GTH riOOR SLAB LL. ¦ ?47
T,1 25TH FLOOR SLAB
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TI24TH FLOOR SLAB ,
tL '211-0- T U 22N0 FLOOR SLAB A.
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LL *1H'4* v T/201H FLOOR SLAB ,
tl. *I7W T TM8TH FLOOR SLAB
LL - 109-g- EL • lEO'-O' ™ T| 16TH FIOQR S1AB A
tL -1S0-4- f THSTH FLOOR SLAB A
EL -131 -IT v TM3TH FLOOR SLAB f
EL - \2V4~ ^ TM2TH FLOOR SLAB
LRSLABJv
7111TH FLOOR SLAB .
tL * icr-Q-Tf 10TH FLOOR SLAB ,
r10QR SLAB tL . 97/-T '¦f
Tf BTH FLOOR SLAB
II BTH FLOOR SLAB J.
tL • 73 -0- Y Tl 7TH FLOOR SLAB
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EBL~ 3 SEQ SIS B110b B
WEST ELEVATION
SCALE: 1/64" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE INTRODUCED:
APRIL 21, 2013
SUB-AREA 'A' WEST ELEVATION
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64"-V-Q"
H8AL
URoor noon hub j.
It -156-8' Y 1M6THF100RSLAB X
tl - i«G-r Y~ U1S1HHUORSLAB
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fl. *e?-r Y
T16TH FLOOR SLAB
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LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 METAL GARAGE DOOR
EAST ELEVATION
SCALE: 1164" = V-O"
,WEST ELEVATION
'SCALE: 1164" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
address: 4400-24, 4401-4415,4432-4458 n. clarendon ave Introduced- april 21,2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = V-O"
SUB-AREA 'B'. EAST AND WEST ELEVATIONS
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 METAL GARAGE DOOR
NORTH ELEVATION
SCALE: 1(64" - V-O"
2^-1 ^6
SOUTH ELEVATION
SCALE: 1/64" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE INTRODUCED:
APRIL 21, 2013
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = V-O"
SUB-AREA 'B' NORTH AND SOUTH ELEVATIONS
:!AL FOR PUBLICATION
/T\IMl)n I H hL W SCALE: 1/64"
LEGEND |109|CONCRETE COLUMN |109|GLASS WINDOW WALL |109|GFRC PANEL |109|GLASS RAILING |109|GLASS/METAL PANEL |109|GLASS CURTAIN WALL |109|METAL PANEL |109|PUNCHED WINDOW |10 9|MODULAR BRICK
10 GLASS GARAGE DOOR
11 METAL GARAGE DOOR
EAST ELEVATION
SCALE: 1/64" = V-O"
IftUtff SUB fL
SOUTH ELEVATION
SCALE: 1/64" = V-O"
¦—' ¦ • -
li'iTil'i !
WEST ELEVATION
SCALE: 1/64" = V-O"
APPLICANT: MONTROSE CLARENDON PARTNERS LLC
INTRODUCED:
ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE
APRIL 21, 2013
SUB-AREA 'C ELEVATIONS
PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = V-O"
I men
Department of Planning and Development
CITY OF CHIC ACQ
MEMORANDUM
Alderman Daniel S. Solis
Chairman, City Council Committee on Zoning
David L. Reifman Secretary
Chicago Plan Commission
DATE: January 22, 2016
RE: Proposed Amendment to Planned Development No. 138 for property generally located at 4400 Block of North Clarendon Avenue.
On January 21, 2016, the Chicago Plan Commission recommended approval ofthe proposed amendment submitted by Montrose Clarendon Partners, LLC and the Missionary Sisters of the Sacred Heart. A copy of the proposed amendment is attached. I would very much appreciate your assistance in having this introduced at the next possible City Council Committee on Zoning hearing.
Also enclosed is a copy of the staff report to the Plan Commission which includes the Department of Planning and Development, bureau of Planning and Zoning recommendation and a copy of the Resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-5777.
cc: Steve Valenziano
PD Master File (Original PD, copy of memo)
121 NORTH LASALLE STREET. ROOM 1000. CHICAGO. ILLINOIS 60602
Chicago Plan Commission January 21, 2016
Site Aerial
Montrose and Clarendon Residential Planned Development
Aopliont Monsrose Clarendon Pjrtn«n. LLC
Audrmi 4400-2J, -1401-4J15. .1432-4458 N Clarendon Ave
introduced June 71, 2D13
Plan Co mm us ion Janutry 21, 2016
Site Photos
Planned Development Boundary Plan
n| we Mtt a*
11'
Applicant Montrose Clarendon Partners, LLC
Address 4JO0-24, W01-4-115. JA32-4-153 N Clarendon Ave
l.nrodueed June 21. 3013
Plan Commission Unuiry 71, 2016
Site/Landscape Plan
Green Roof Plan
CHER ROOT CUTUliimi tUB JAUT
too nrtfuni tmnn winwi-
ir«j in jew. ***.-
Apphcjm Address
Men!rose Ca't'.-idon Pamnrs, l;C
4400-24. J-iO] "dl'j. N Clarei-e
n Commission January 71. 7016
Ground Floor Plan
111
Applicant Montrose Ciar*ndon Partners, LLC
Address 4400-24. 440J-S415. 4456 N Clarendon Amc
Introduced Juno 21, 1:013
Plan Commission January 21. 2016
Upper Floor Plans - Subarea A
ma
3:rl Fkor Plan Sufcs:r.-rS
Applicant Monfoso Cla-erdor Pnren. LLC
Address 44O0-74. 4401 4415. 4437 .1455 N Cla-ei-riOP Avr
Introduced June 25. 2013
Pfan Commission. January 21. 2016
Upper Floor Plans - Subarea A
Applicant Mor.lrosc Clarendon Partners, LLC
Address 44O0-2-. 4101 4-1 lb, 4432-4451! N Oarersc
Introduced Juno 21, 2013
Plan Commission January 21, 2016
East Elevation - Subarea A
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Applicant Montrose Clarendon Partners. LLC
Addreu 44O0-24, 4401 441i. 4432-4458 N Clarendon Ave
Introduced lune 21, 2013
Plan Commission January 21, 2016
North Elevation - Subarea A
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AppLtant Monro** Clarereon Partners, LLC
Addrrs* 4400-24, 4401-4415. 4432 -1453 N Clarendon Ave
Introduced June 21. 2015
Plan Cumm^nu'i January 21, 2C16
West Elevation - Subarea A
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4.10O-7.4. 4401 J4A5. 44:'(2-4.',5S N Clarendon Ave
June 21 2013
January 71, 2016
m
South Elevation - Subarea A
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Applicant Address
l-itioducod Plan Commis!
Monlroiu Clarendon Partners, LLC
¦1400-2-1. 4-101-idtS. 443-.:-4458 N Clarendon Ave
January 71. 2016
H!i§l§|
Elevations - Subarea C
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North Elevation Subarea C East and West Elevations ¦ Subarea C South Elevation Subarea C
AsDlitant Montrose Clarendon Partren. LLC
Address ¦1400-24. 4401-4415. 4J32-44S8 N Clarendon An*
Introduced June 71. 7013
Plan Commission Jaruary 21, 2016
Perspective Looking Northwest
App'ssan: Montrose Clarendon Partners, LLC
Addr<*« 4400-24. 4401-441S. 4432-4458 N Cla-cndon Ave
introduced June 2'., 7013
Aerial View Looking Northeast
i''»n Comrr.iss on January 71. 2016
Applicant Montrose Clarendon Partners, LLC
Address &COO-2A, 44C1-4415, 4432-4458 N Clarendon Ave
Intradixed June 2' 2013
Perspective Looking East
Plan Commission January 71, 7.016
Aaclicanr. Mor;roie Clarendon Partners, LIC
Addrcii 44O0 74. 4401-4415. 4437-4d'jS N Clarendon Ave
Introduced June 21, 2013
Plan Commission January 71, 201C
FINAL
REPORT to the
CHICAGO PLAN COMMISSION from the
DEPARTMENT OF PLANNING AND DEVELOPMENT JANUARY 21, 2016
FOR APPROVAL: PROPOSED AMENDMENT TO PLANNED DEVELOPMENT 138
(APPLICATION 17707) AND LAKE MICHIGAN AND CHICAGO LAKEFRONT PROTECTION ORDINANCE (APPLICATION 627)
APPLICANTS: MONTROSE CLARENDON PARTNERS, LLC AND MISSIONARY
SISTERS OF THE SACRED HEART
LOCATION: 4400 BLOCK OF NORTH CLARENDON AVENUE
Pursuant to the provisions ofthe Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, the Department of Planning and Development hereby submits this report and recommendation regarding a proposed amendment to Planned Development 138 for your review and recommendation to the Chicago City Council. The application for this amendment to the Zoning Ordinance was introduced into the City Council on April 10, 2013. Proper legal notice of the public hearing on this application was published in the Chicago Sun-Times on January 6, 2016; the co-applicants, Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart (Applicant), were separately notified of this hearing.
The Applicant proposes to amend this planned development through the demolition of all existing structures and the construction of two new high-rise buildings and one single-story, retail structure. The resulting project will provide one building at the northwest corner of West Montrose and North Clarendon Avenues (Sub-Area A) containing a maximum of 381 residential units, 30,000 square feet of commercial space and 278 parking spaces with a maximum height of 259'. A second building will be constructed at the northwest corner of West Agatite and North Clarendon Avenues (Sub-Area B) and will contain a maximum of 250 residential units and 160 parking spaces with a maximum height of 157'. The property at the northeast corner of West Montrose and North Clarendon Avenues (Sub-Area C) will be improved with a 6,000 square foot, single-story, retail structure with 11 surface parking spaces. The Applicant is requesting that the subject property be rezoned from RM-5 (Residential Multi-Unit District) and PD 138 to B3-5 (Community Shopping District) prior to re-establishing this planned development as Planned Development 138, as amended.
This request is being submitted as a mandatory amendment to an existing planned development, pursuant to Sections 17-13-0611-A(1-3) and 17-13-0611-B, ofthe Chicago Municipal Code, due to the proposed change in the character of the development, the increase in the maximum permitted floor area ratio and the introduction of dwelling units. In addition, the subject site is located within the Private-Use Zone ofthe Lake Michigan and Chicago Lakefront Protection District; therefore, the proposed development ofthe site is
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also regulated by Section 16-4-100. PROJECT BACKGROUND
Montrose Clarendon Partners, LLC, is the contract purchaser and has filed both applications with the consent of the current owners, the Missionary Sisters of the Sacred Heart, which is also a co-applicant to this application. The 4.76-acre subject site consists of two currently vacant structures that, along with an adjacent surface parking lot and passive open space, comprise the campus of the former Cuneo Hospital/Columbus Maryville Academy Shelter, all of which has been closed since 2005.
SITE AND AREA DESCRIPTION
The subject property is located within the 46th Ward, the Uptown Community Area and the Montrose/Clarendon Tax Increment Finance District. It is surrounded by property zoned RM-5 to the north; property zoned RM-5 and RM-6.5 to the south; Clarendon Park to the east (a portion of which is zoned POS-2, Parks and Open Space District, and another portion of which is zoned RM-5); and property zoned RM-5 and B3-5 to the west.
As previously mentioned, the site is located within the boundaries ofthe Private-Use Zone ofthe Lake Michigan and Chicago Lakefront Protection District; but, it is not located within the boundaries of a Chicago Landmark District nor does it contain a designated local or national landmark structure or site.
The area is served by the Chicago Transit Authority's bus routes #36 (Broadway), #78 (Montrose), #135 (Clarendon/LaSalle Express), #136 (Sheridan/LaSalle Express), #144 (Marine/Michigan Express), #145 (Wilson/Michigan Express), #146 (Inner Drive/Michigan Express), #148 (Clarendon/Michigan Express) and #151 (Sheridan) and the CTA rail station at Wilson on the Red Line; all with stops located within approximately 1/2-mile of this development.
PROJECT DESCRIPTION
The Applicant is proposing to transform this shuttered hospital campus through the demolition of all existing structures and the construction of various new buildings in order to create a new mixed-use development along Clarendon Park in Uptown.
The development proposal consists of the demolition of the existing buildings and construction of two new high-rise buildings and one single-story, retail structure. The resulting project will provide one building at the northwest corner of West Montrose and North Clarendon Avenues (Sub-Area A) containing a maximum of 381 residential units, 30,000 square feet of commercial space and 278 parking spaces with a maximum height of 259'. A second building will be constructed at the northwest corner of West Agatite and North Clarendon Avenues (Sub-Area B) and will contain a maximum of 250 residential units and 160 parking spaces with a maximum height of 157'. The property at the northeast corner of West Montrose and North Clarendon Avenues (Sub-Area C) will be improved with a 6,000 square foot, single-story, retail structure with 11 surface parking spaces.
The total project cost is $125 million. The project is expected to generate an estimated 500
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construction jobs and ultimately 65 permanent jobs, once complete. The project is anticipated to be constructed in phases, the first of which will consist ofthe construction of the building at the northwest corner of West Montrose Avenue and North Clarendon Avenue (Sub-Area A), containing a maximum of 381 residential units, 30,000 square feet of commercial space and 278 parking spaces with a maximum height of 259', and development of the property at the northeast corner of West Montrose and North Clarendon Avenues (Sub-Area C), with a 6,000 square foot, single-story, retail structure with 11 surface parking spaces. This first phase is positioned to break ground by July 2016, with residential occupancy, along with retail functions, beginning by July 2018. The second phase, located at the northwest corner of West Agatite and North Clarendon Avenues (Sub-Area B), will contain a maximum of 250 residential units and 160 parking spaces with a maximum height of 157' and will be constructed at a currently undetermined future date.
DESIGN
The Sub-Area A tower is planned to be architectural concrete with punched window openings and sections of glass curtain wall. The base will be glass storefront with glass fiber reinforced concrete panels, architectural louvers, metal panels and opaque glass along the south and east facades. The tower is situated at the east end ofthe site, on the main corner of West Montrose Avenue and North Clarendon Avenue, where the main retail entrance will also be located; three-story townhomes are proposed along West Agatite Avenue to provide a softer, residential, exterior to the tower's base, more in line with the scale and character of development further west on Agatite The tower's amenity deck will be found on the roof of the parking and retail structure, the walls of which are marked by cutouts which will provide a visual connection between the residents and activity on the adjacent streets and park space to the south and east.
The Sub-Area B tower is planned to be glass with masonry and glass fiber reinforced concrete panels at the base. The single-story building in Sub-Area C is planned to be a one-story glass and metal panel building.
LANDSCAPING
The perimeter of project, including some portions along public alleys, will include both shrubbery and street tree plantings. The entirety of Planned Development 138, as amended, will meet the requirements of the Chicago Landscape Ordinance. More specifically, each of the towers is proposed to include recessed vehicular courtyards accessed directly from West Agatite Avenue. Both courtyards will provide a landscape island for pedestrian relief while crossing the ingress and egress driveways. A pocket park will also be located at the southwest corner of Sub Area A, along the alley at the southwestern boundary of this planned development. Finally, while an end user has not been identified for Sub Area C, the site plan provides for both an active and landscaped patio area adjacent to the Clarendon Park tennis courts.
ACCESS/CIRCULATION
Drop-off courtyards are proposed for each of the new towers, both directly aligned with each other and accessed off of West Agatite Avenue. The Sub-Area A tower includes a parking garage with a maximum of 278 spaces, along with both retail and residential
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loading areas, all accessed via two adjacent curb cuts located mid-block on North Clarendon, between West Agatite and West Montrose Avenues. The Sub-Area B tower includes a 160-space parking garage; vehicular access to such, along with to this building's associated residential loading areas, will be made available from the adjacent public alley. To help accommodate the residential, guest and retail vehicular circulation patterns proposed in this plan, while minimizing the impact on the lower density, residential character of West Agatite Avenue, the Department of Transportation has approved two-way traffic on both West Sunnyside and West Agatite Avenues, between North Clarendon Avenue and the alley immediately to the west of Sub-Area B. Parking and loading for the proposed Sub-Area C single-story retail building will be provided in a surface lot which will be accessed directly off of North Clarendon Avenue, across from the dual driveways serving the Sub-Area A tower.
Individuals traveling on foot, bicycle or via some other non-vehicular means, or from any number of the nearby public transportation options, will be able to access all portions of the development from all adjacent public rights-of-way from any direction. Bicycle stalls (173) will be provided throughout the project, including within the parking structures and in proximity to the retail uses in the project, all located off ofthe adjacent public rights-of-way.
SUSTAINABILITY
Through the provision of green roofs, currently designed to cover 100% ofthe net roof area, and the attainment of. Leadership in Energy and Environmental Design (LEED) certification for all three proposed buildings, the project will exceed the guidelines of the Sustainable Policy of the Department of Planning and Development.
BULK/USE/DENSITY
The proposed maximum Floor Area Ratio for Planned Development 138, as amended, is 5.0. However, within PD 138 are three sub areas, with FAR ranges as follows:
Sub Area A - 4.42 FAR
Sub Area B - 6.87 FAR
Sub Area C - 0.42 FAR
The project will include a total of 631 residential units, which, based on the Minimum Lot Area requirements found in Section 17-3-0402 and the provision of a maximum of 37% of the units as efficiencies, is 15% below the maximum number of units allowable on-site.
The maximum allowable height to the top of highest floor containing occupied units within Sub-Area A is 259', within Sub-Area B is 157' and within Sub-Area C is 20'; the Sub-Area A and B respective elevator shaft overruns will have a maximum height of 267' and 167'. All height maximums are in accordance with the stipulations of Section 17-3-0408-A, as it pertains to buildings with 100' or more of lot frontage and ground floor commercial space within a B3-5 zoning district.
RECOMMENDATION
The Department of Planning and Development has reviewed the project materials
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submitted by the Applicant and compared this proposal for redevelopment of these underutilized parcels to the requirements of the Chicago Municipal Code and existing development in the community. The area around this project is a diverse mix of institutional, open space, residential and retail developments and is in very close proximity to Clarendon Park, Lake Michigan, Lake Shore Drive and Montrose Harbor. Based on the entirety ofthe department's analysis, DPD has concluded that this proposal is appropriate for this site, and supports this development, for the following reasons:
Public review of this proposal (per Section 17-8-0101) was afforded at the December 13, 2012; November 25, 2013; January 6, 2014; and, November 30, 2015 community meetings hosted by the 46th Ward Alderman and Montrose Clarendon Partners, LLC;
Unified planning and development for the entire project area (per 17-8-0102) helped produce a final proposal that focuses on movements though, and activity internal to, the site, as well as, that which occurs in the surrounding neighborhood;
Promotion of economically beneficial development patterns that are compatible with the character of existing neighborhoods (per 17-8-0103), as evidenced by the proposed uses being akin to the character ofthe immediate community;
Provides a level of amenities appropriate to the nature and scale of the project (per 17-8-0104) with the residential and commercial parking and recreational provisions designed to serve the project's residents and guests while also allowing public access to portions of the site's open space all while being in accordance with the stipulations of the Chicago Zoning Ordinance;
Through a flexible application of selected bulk, use and development standards a creative, urban design (per 17-8-0105) has been provided in the various heights, elevation details and building variety;
Promotes transit, pedestrian and bicycle use (per 17-8-0904-A-2), ensures accessibility for persons with disabilities (per 17-8-0904-A-3) and minimizes conflict with existing traffic patterns in the vicinity (per 17-8-0904-A-4), as evidenced through its proximity to public transit, the accommodations made for bicycle parking, the site's level of pedestrian accessibility and adherence to stipulations of the Americans with Disabilities Act and the provisions made for internal loading, truck stacking and parking access;
Properly screens associated parking (per 17-08-0904-C-2) in shared facilities (per 17-08-0904-C-3), as evidenced through the proposed parking being partially screened with retail and residential units and designed to accommodate all uses in the planned development;
Provides safe and attractive walkways and pedestrian routes (per 17-8-0905-A-1) with active street-level spaces and avoids blank walls within proposed buildings to engage pedestrian interest (per 17-8-0905-A-2 and 17-8-0905-A-3) and emphasizes building entries through architecture and design (per 17-8-0905-A-4), as evidenced by the perimeter sidewalks and internal pathways that connect the proposal with the surrounding network of sidewalks and pathways, the visibility of the retail space and residential lobby areas from the adjacent public rights-of-way and the distinct rooflines, entryways, lobbies and drop-off areas;
Provides doors, windows and active street-level uses adjacent to public rights-of-way (per 17-8-0905-B-1), locates primary pedestrian entries at sidewalk level (per
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17-8-0905-B-2) and avoids large expanses of blank walls by partially screening the parking garage (per 17-8-0905-B-3), particularly in areas expected to receive large amounts of pedestrian activity (per 17-8-0905-B-4), as evidenced by the significant presence of glass and residential entry-points in the facade of all sides of the base, particularly along portions of the site that are directly adjacent to the sidewalks which are expected to receive the highest amount of pedestrian activity, construction to the edge of the site's property lines, the provision of access to all elements of the buildings through their respective drop-off courtyards and from other adjacent sidewalks and other development details described in the answers to questions 7 and 8 above;
Creates gradual transitions in bulk and scale (per 17-8-0906-A-2), as evidenced through the placement of the tallest (259') tower near other similar structures near the intersection of West Montrose and North Clarendon Avenues, while locating the shorter (157') tower near less vertically imposing structures further north on Clarendon Avenue and keeping the parcel adjacent to Clarendon Park at a maximum of 30', which is comparable to the existing Clarendon Park Fieldhouse located just to the north and within the park;
Places buildings on the corner(s), close to both street frontages and locates parking areas and driveways away from said corner(s) (per 17-8-0906-B-4), as evidenced by the base and tower locations at-grade and associated vehicular access points found away from primary pedestrian entry points;
Service areas should be located away from the street and away from residential buildings and entrances (per 17-8-0906-D), as evidenced by the location of such uses internal to each tower and, in Sub Area C, a screened area ofthe parking lot;
Architectural design should articulate and enhance buildings, especially those located at intersections, due to their prominence and visibility (per 17-8-0907-A-3) and all sides and areas of the buildings that are visible to the public should be treated with materials, finishes and architectural details that are of high-quality and appropriate for use on .primary street-facing facade (per 17-8-0907rA-4), as evidenced by the relationship of the tower and its base to the nearby intersection of West Montrose and North Clarendon Avenues and through the material callouts in this report and on the accompanying elevations;
Promotes environmentally sustainable development practices (per 17-8-0908-A), as evidenced through the presence of a green roof covering 100% ofthe roof net site area and the achievement of Leadership in Energy and Environmental Design (LEED) Certification, exceeding the guidelines of the Sustainable Policy of the Department of Planning and Development; and,
Provides inviting and usable open space (per 17-8-0909-A-1) that maximizes exposure to sunlight (per 17-8-0909-B-1) and includes numerous on-site amenities (per 17-8-0909-C) for residents, guests and the general public (per 17-8-0910), as evidenced by both the recreational and other activity areas (indoor and outdoor) being established on the fourth level of the building at the intersection of West Montrose and North Clarendon Avenues for residents of this development and their guests and, separately, through the pocket park that will be located at the southwest corner of Sub Area A, along the alley at the southwestern boundary of this planned development.
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The project meets the purpose and criteria set forth in the Chicago Zoning Ordinance and its adoption would not have any adverse impact on the public's health, safety or welfare, specifically:
Per 17-13-0308-A, the site lies within the boundaries of the Montrose Clarendon Tax Increment Financing Redevelopment Area, which was approved by the Chicago City Council on February 26, 2010. The corresponding Land Use Plan contemplated redevelopment of this site in a mixed-use manner, including multi-family residential, retail and commercial development. This proposal will achieve that goal and further the objectives ofthe TIF Plan by improving the physical and economic conditions of this area, as well as, providing the City and its citizens with increased activity, new job opportunities and an expanded tax base.
Per 17-13-0308-B, this amendment is compatible with other commercial and residential developments, as well as, the zoning districts in the immediate areas around this subject.
Per 17-13-0308-C, commercial and residential developments located in this area of Uptown and with, good transit connectivity can be marked by dense, high-rise structures, akin to the project currently being proposed.
Per 17-13-0308-D, the proposed underlying zoning for this planned development is consistent with other zoning districts, both adjacent to this site and in the immediate area.
Per 17-13-0308-E, the public infrastructure facilities and City services will be adequate to serve the proposed development at the time of occupancy and the project will comply with the requirements for access in case of fire and other emergencies. The proposed project has been reviewed by the Mayor's Office for People with Disabilities and the Department of Transportation and all requested changes have been made. Copies of this application have been circulated to other City departments and agencies and no comments have been received which have not been addressed in the application.
The Department of Planning and Development has also reviewed the project materials submitted by the Applicant with regards to the Policies and Purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance and has concluded that the proposed development would be in compliance with the applicable Policies ofthe Lakefront Plan of Chicago and the Purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance, as they apply to development in the Private Use Zone, specifically:
Policy No. 3 (Continue to improve the water quality and ecological balance of Lake Michigan) - This project will comply with all applicable City and Metropolitan Water Reclamation District regulations pertaining to the management of wastewater and storm water runoff and will not negatively impact the purity and quality ofthe waters of Lake Michigan.
Policy No. 8 (Increase personal safety) - The project will bring increased pedestrian activity and lighting to the area through the replacement of existing, underutilized buildings with a new, active, residential and retail community.
Policy No. 14 (Coordinate all public and private development within the water, park and community zones) - This site is located within the Private Use Zone and the development has been coordinated with the appropriate City departments and
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community to minimize the impact of construction and to ensure it remains in context with the surrounding neighborhood.
With respect to the Policies and Purposes not enumerated here, the Department of Planning and Development has determined that they are either not applicable to development in the Private Use Zone or that the proposed project will not have a detrimental effect on the Lake Michigan shoreline or any wildlife habitats therein. The proposed project also does not contemplate the introduction of new roadways directly connecting to the lakefront, does not reduce existing open space and does not interfere with existing access to, or use of, Lake Michigan and its park system.
Based on the foregoing, the Department of Planning and Development has the following dual recommendation:
That this application for an amendment to Planned Development 138 be approved and that the recommendation to the City Council Committee on Zoning, Landmarks and Building Standards be "Passage Recommended, as Amended"; and,
That this application, being in conformance with the provisions ofthe Lake Michigan and Chicago Lakefront Protection Ordinance, be approved, subject to compliance with the Site and Landscape Plans and Building Elevations dated January 21,2016 and presented before you today.
Bureau of Zoning and Land Use Department of Planning and Development
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JAN 2 1 2015 Initial.-
APPLICATION NUMBER 627
CITY OF CHICAGO
AN APPLICATION TO THE CHICAGO PLAN COMMISSION UNDER THE LAKE MICHIGAN AND CHICAGO LAKEFRONT PROTECTION ORDINANCE
(This Application Must Be Typewritten)
The Chicago Plan Commission has provided this Application in accordance with Section 194B6.1(a) ofthe Lake Michigan and Chicago Lakefront Protection Ordinance. The Conditions under which the provisions of this Ordinance are applicable are stated in Section 194B-5.1 of the Ordinance. The process of Plan Commission review and public hearing on each proposal within the Lake Michigan and Chicago Lakefront Protection District will commence with the Applicant's submission, to the Chicago Plan Commission, of a completed Application and the required proof of notice. Strict compliance with Section 194B-6.1(c) is required.
The staff of the Department of Planning and Development is available to provide technical assistance to the Applicant, before preparation of the Application, during the process stages and to review the Application upon submission to the Chicago Plan Commission. Copies of the Ordinance, Application and examples of forms for both notification and proof of notice are available from the:
Department of Planning and Development
City Hall
121 North LaSalle Street Room 905 Chicago, IL 60602 (312) 744-5777
This Application consists of five (5) parts:
Part One - General Information
Part Two - Character of the Proposal
Part Three - Zoning Information
Part Four - Potential Impact of the Proposal
Part Five - Disclosure Forms
A copy of this Application will be available for public inspection in City Hall, Room 905, five (5) days prior to the date of which the public meeting before the Chicago Plan Commission on this Application is to be held.
-SECTION BELOW FOR OFFICE USE ONLY-
Date of receipt in DP: . ZBA action necessary? yes no: Type and
in Bldgs.: . Status:
Dale of Applicant Notice Disclosure necessary? yes no
To taxpayers of record' .
Simultaneous Planned Development
Date set for public hearing . processing yes no
Date on which Plan Commission published newspaper notice: _
Date of publication of report
of Commissioner of DP:
Date forwarded to: D1S DSS
DPW : Pk. 6"
Other
Previous Application this address?
yes no; number:
Zoning map amendment? yes no U
DISPOSITION
Approved
Disapproved
Continued , to:
Date Applicant notified of decision:
SITE ADDRESS 4400- 4458 and 4401-4415 North Clarendon Ave.
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GUIDELINES FOR COMPLETING PART ONE OF THE APPLICATION
Part One of this Application provides general information to the Chicago Plan Commission for use in preparing its public notices of the proposal set forth in the Application and in preparing its review of that proposal.
The date entered in (I.) should be the date on which the Application is filed.
The location ofthe site ofthe proposal should be given by street address; if there is no street address, the location must be described in relation to nearest existing streets, rights-of-way or other fixed points of reference.
The Applicant must state his own name, address and telephone number and the name, address and telephone number of the owner of the subject property (if different). The Applicant must be either the owner of the subject property or the owner's duly authorized agent or representative; if the Applicant is the owner's duly authorized agent or representative, the Applicant must submit proof to the Chicago Plan Commission at the time the Application is filed of such authorization.
Whenever the ownership of the subject property takes the form of something other than a singular living individual (partnership, corporation, trust, etc.) the Applicant shall so indicate. Furthermore, the Chicago Plan Commission may require disclosure of all parties having interest in the subject property.
The description of a proposal should include, at a minimum, types of land uses and space uses, floor area, number of dwelling units and structure height (in feet and stories). Any additional information describing the proposal should also be included.
Under the provisions of Section 194b-6.1(c) of the Lake Michigan and Chicago Lakefront Protection Ordinance^ the Chicago Plan Commission will not accept an Application until the Applicant submits to the Chicago Plan Commission a list of names and last known addresses of the owners of all property on which notice must be served, the names and addresses of persons so served (if different), the method of service employed and a statement certifying that the Applicant has complied with all applicable noticing provisions in effect at the time of filing.
6. If there are any other approvals required from other public agencies before the Applicant can
proceed with their proposal, those approvals must be listed; except that other City of
Chicago licenses and permits may be omitted. If no other approvals are required, enter
"NONE" under (VI. A.). Examples of items which should be listed include approvals from
the:
United States Department of Housing and Urban Development Federal Housing Administration
United States Army Corps of Engineers
Federal Aviation Administration
State of Illinois Department of Natural Resources
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PART ONE: GENERAL INFORMATION
Dale of Application: April 3. 2013 UPDATED November 9, 2015
Address or location of the Site of the Proposal: 4400-4458 and 4401-4415 North
Clarendon Avenue
III. Information on the Applicant and the Owner
Applicant
Name: Montrose Clarendon Partners LLC Phone: 773-625-3036
Address: 4104 North Harlem Avenue, Chicago, IL 60634
Owner and co-Applicant
Name: Missionary Sisters of the Sacred Heart Phone: ( 773) 883-7302
IV. V.
VI.
Address: 434 West Deming Place, Chicago. Illinois 60614
If the Applicant is not the owner, check here X that proof has been attached to this Application that the Applicant is the duly authorized agent or representative of the owner.
If the ownership of the subject property takes the form of something other than a
singular living individual (partnership, corporation, trust, etc.), please indicate
such: Not-for-profit corporation
Brief Description ofthe Proposal: See Part Two, Figure 6.1 for project narrative.
Initial here: verifying that the noticing provisions of Section 194B-6.1(c) have
been completed as the apply to the Applicant and this Application.
The Applicant must also obtain the following approvals in addition to the approval of the Plan Commission (provide an addendum, if necessary):
Nature of Approval: Approval of a Residential-Business Planned Development
Agency: City Council
Nature of Approval:
Agency:
Nature of Approval:
Agency:
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GUIDELINES FOR COMPLETING PART TWO OF THE APPLICATION
All graphic materials must be submitted in an 8.5" x 11" format and must be suitable for clear and sharp, black and white production. Each map or diagram should have a scale and a north arrow. Each sheet of graphic material must be labeled with the appropriate figure number. If there are multiple sheets comprising one figure (for example figure 4), those sheets should be labeled consecutively (Figure 4-1, Figure 4-2, Figure 4-3, etc); and, each sheet should contain the address of the site of the proposal.
For Figure 1, the Applicant should consider the "vicinity of the site" to be at least as extensive as the area for which he is required to give notice, plus any intervening streets or other public rights-of-way.
For Figures 3 and 4, the Applicant should consider that "recreation areas" and "recreation space and facilities" include game courts, swimming pools and pool areas, game rooms, exercise rooms, party rooms, community rooms, observation decks and sun decks.
The required narrative statement should describe the features of the proposed development, including size and mix of dwelling units, mix of uses on the site, etc. It should present a basic rationale for the development.
For Figure 6, the Applicant is urged to provide any materials at 8.5" x 11" which will facilitate the review of the Application.
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PART TWO: CHARACTER OF THE PROPOSAL
This portion of the Application must be completed by attaching the following items, correctly sized and labeled, to the Application.
Figure 1: Map ofthe Vicinity of the Site, showing (and labeling) Lake Michigan, Lakefront Parks, preferential streets, schools, parks, major institutions and significant developments. All streets on this map should be labeled and all building footprints within the vicinity of the subject site should be outlined and all structure heights should be identified.
Figure 2: Map of the Existing Site, showing locations and dimensions of lot lines, contour intervals (5'), existing structures, walkways, driveways and any other special features.
Figure 3: Proposed Site Plan showing locations and dimensions of proposed structures, driveways walkways, parking areas, open space and recreational areas.
Figure 4: Proposed Floor Plans, including the ground floor, a typical floor and any floors with recreational space or facilities.
Figure 5: Elevation or Cross-Section, showing the height and number of stories for all proposed structures.
Narrative: Statement Describing the Proposed Development.
The Applicant is encouraged to provide additional graphic materials, visual aids, photographs, full-color renderings, data tables, etc; any such exhibits should be labeled "Figure 6".
1£AST\55060031.3
PART TWO: CHARACTER OF THE PROPOSAL
FIGURE 6-1 - NARRATIVE Current Use
The property subject to this application consists of approximately 131.186 net square feet located north of West Montrose Avenue on the east and west sides of North Clarendon Avenue. The subject property is located within the Private Use Zone of the Lakefront Protection District and is currently located in the RM-5 Residential Multi-Unit District and Institutional Planned Development No. 138. The subject property is the site of the former Columbus-Maryville Emergency Shelter. The applicant, Montrose Clarendon Partners LLC (the "Applicant"), is the contract purchaser of the subject property.
Proposed Plan
The Applicant seeks approval of a mixed-use redevelopment of the property, including residential, retail and commercial uses, and parking. The Applicant has simultaneously filed an application with the City for a Residential-Business Planned Development zoning designation to permit the project. The redevelopment will include approximately 631 residential units, approximately 36,000 square feet of retail and commercial space, and approximately 449 parking spaces, to be constructed as at least two separate projects in phases.
The first project consists of redeveloping the portion of the property located south of Agatite Avenue. This portion of the property includes a development parcel on the west side of North Clarendon Avenue ("Sub-Area A") and a development parcel on the east side of North Clarendon Avenue ("Sub-Area C"). Sub-Area A would be developed with an approximately 28-story building, including approximately 30,000 square feet of retail space, 381 dwelling units, and 278 enclosed parking spaces. Approximately 8 of the proposed dwelling units would be townhomes, fronting on Agatite Avenue. Sub-Area C, located on the east side of North Clarendon Avenue, would be developed with a single-story commercial building, including approximately 6,000 square feet of retail/restaurant space and 11 surface parking spaces.
The remaining portions of the project consist of redeveloping the portion ofthe property located at the northwest corner of Agatite Avenue and North Clarendon Avenue ("Sub-Area B"). Sub-Area B would be developed as a separate project in a later phase, and would consist of an approximately 16-story building with approximately 250 dwelling units and 160 enclosed parking spaces.
EASIA5S 060031.3
PART THREE: ZONING INFORMATION
The Applicant must provide the following data regarding zoning considerations for the site subject to this proposal; all applicable calculations must be provided via an addendum.
Is a planned development ordinance or an amendment to an existing planned development required or permitted in order to allow for the proposal on this subject site?
X Required Permitted N/A
If a Planned Development is required, or if it is permitted and the Applicant chooses to pursue the designation, the Applicant is not required to complete the remainder of Part Three of this Application.
Is a Zoning Board of Appeals approval of a variation or special use required or contemplated in order to allow for the proposal on the subject site?
Yes No
If Yes, please explain the nature of the matter that ZBA will need to consider:
III. Square Feet of Net Site Area(s) and Existing Zoning District Classification(s); provide an addendum, if necessary:
Sub-Area I: Zoning District Classification Net Site Area
Sub-Area II: Zoning District Classification Net Site Area
Sub-Area III: Zoning District Classification Net Site Area ¦_
Total Net Site Area
IV. Dwelling Units
Maximum Units Allowed without Efficiency Units
Maximum Units Allowed including Maximum Percentage of Efficiency Units
Proposed Number of Dwelling Units
Proposed Number of Efficiency Units ¦
Proposed Number of Total Units ¦
Does the Applicant intend to increase allowable floor area by reducing the number of units constructed below the maximum allowed?
Yes No
If Yes, please specify the number of units, below the maximum allowed, that the project will
be reduced by and the corresponding Floor Area Ratio percentage increase
that will be requested.
EAST\55060031.3
V. Bulk
Base Floor Area Ratio, without Bonuses
Proposed Floor Area Ratio, including all Bonuses
List all Bonuses being requested:
Proposed Floor Area sq. ft.
Percentage of floor area devoted to interior recreation space, meeting rooms, etc.
VI. Off-street Parking and Loading
Minimum Required Number Proposed
Parking Spaces
Loading Docks
VII. Setbacks
Minimum Required Number Proposed
Front Yard
Side Yard
Rear Yard .
EAST\5 5060031.3
PART FOUR: POTENTIAL IMPACT OF THE PROPOSAL
The Chicago Plan Commission requires that the Applicant address the following Fourteen (14) Basic Policies of the Lakefront Plan of Chicago and the Thirteen (13) Purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance in a written statement to the Commission attached to this Application and labeled as Part Four. The statement should indicate which Policies or Purposes are or are not applicable to the Applicant's proposal; and, for those Policies and Purposes which are applicable, the statements should discuss the potential impact of the proposal.
I. Fourteen Basic Policies
Complete the publicly owned and locally controlled park system along the entire Chicago lakefront.
Maintain and enhance the predominantly landscaped, spacious and continuous character of the lake shore parks.
Continue to improve the water quality and ecological balance of Lake Michigan.
Preserve the cultural, historical, and recreational heritage of the Lakeshore Parks.
Maintain and improve the formal character and open water vista of Grant Park with no new above-ground structures permitted.
Increase the diversity of recreational opportunities while emphasizing the lake-oriented leisure time activities.
Protect and develop natural lakeshore park and water areas for wildlife habitation.
Increase personal safety.
Design all lake edge and lake construction to prevent detrimental shoreline erosion. .
Ensure a harmonious relationship between the Lakeshore Parks and the community edge, but in no instance will further private development be permitted East of Lake Shore Drive.
Improve access to the Lakeshore Parks and reduce through vehicular traffic on secondary park roads.
Strengthen the parkway characteristics of Lake Shore Drive and prohibit and roadway of expressway standards.
Ensure that all port, water supply, and public facilities are designed to enhance lakefront character.
14. Coordinate all public and private development within the water, park, and community zones.
II. Thirteen Purposes
I. To promote and protect the health, safety, comfort, convenience, and the general welfare
ofthe people, and to conserve our natural resources;
EAST\5506()()31 3
To identify and establish the Lake Michigan and Chicago Lakefront Protection District and to divide that District into several zones wherein any and all development or construction, as specified in Article V hereinafter, shall be specifically restricted and regulated;
To maintain and improve the purity and quality of the waters of Lake Michigan;
To ensure that construction in the Lake or modification of the existing shoreline shall not be permitted if such construction or modification would cause environmental or ecological damage to the Lake or would diminish water quality; and to ensure that the life patterns of fist, migratory birds and other fauna are recognized and supported;
To ensure that the Lakefront Parks and the Lake itself are devoted only to public purposes and to ensure the integrity of and expand the quantity and quality ofthe Lakefront Parks;
To promote and provide for continuous pedestrian movement along the shoreline;
To promote and provide for pedestrian access to the Lake and Lakefront Parks from and through areas adjacent thereto at regular intervals of one-fourth mile and additional places wherever possible, and to protect and enhance vistas at these locations and wherever else possible;
To promote and provide for improved public transportation access to the Lakefront;
To ensure that no roadway of expressway standards, as hereinafter defined, shall be permitted in the Lakefront Parks;
To ensure that development of properties adjacent to the lake or the Lakefront Parks is so defined as to implement the above-stated purposes, provided, however, that with respect to property located within the Private Use Zone as established by Article V, VI, and IX of this Ordinance, the permitted use, special use, lot area per dwelling unit, and floor area ratio provisions ofthe Chicago Zoning Ordinance, Chapter 194A of the Municipal Code of Chicago, shall govern except where such provisions are in substantial conflict with the purposes of this Ordinance or the Fourteen Basic Policies ofthe Lakefront Plan of Chicago;
To achieve the above-slated purposes, the appropriate public agency should acquire such properties or rights as may be necessary and desirable;
To define and limit the powers and duties of the administrative body and officers as provided herein;
Nothing contained in the Lake Michigan and Chicago Lakefront Protection Ordinance shall be deemed to be a waiver or consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity which may be otherwise required by law.
EAS1A55060031.3
PART FOUR: POTENTIAL IMPACT OF THE PROPOSAL
A. FOURTEEN BASIC POLICIES
/. Complete the publicly owned and locally controlled park system along the entire Chicago Lakefront.
This application concerns development within the Private Use Zone of the Lakefront Protection District and will have no adverse impact on the public park system.
Maintain and enhance the predominantly landscaped, spacious and continuous character ofthe Lakeshore Parks.
This policy is not applicable because the improvements subject to this application are within the Private Use Zone and are not part of the lakeshore park system.
Continue to improve the water quality and ecological balance of Lake Michigan.
The improvements subject to this application are located west of Lake Shore Drive and will have no adverse impact on water quality or ecology.
Preserve the cultural, historical, and recreational heritage ofthe Lakeshore Parks.
This policy is not applicable because the improvements subject to this application are within the Private Use Zone and are not part of the lakeshore park system.
Maintain and improve the formal character and open water vista of Grant Park with no new above-ground structures permitted.
This policy is not applicable because the project is not located within Grant Park.
Increase the diversity of recreational opportunities while emphasizing lake-oriented leisure time activities.
The improvements subject to this application are within the Private Use Zone and are not part of the lakeshore park system. The improvements include construction of an approximately 6,000 square foot retail/restaurant building, which will provide an amenity supportive of lake-oriented leisure lime activities.
Protect and develop natural Lakeshore Park and water areas for wildlife habitation.
This policy is not applicable because the improvements subject to this application are within the Private Use Zone and are not part of the lakeshore park system.
Increase personal safety.
The project will, increase personal safety by removing existing, underutilized and vacant buildings and replacing them with new, active street-level uses and a residential community.
EAS1A55060031.3
Design all lake edge and lake construction to prevent detrimental shoreline erosion.
This policy is not applicable because the project is not located within the lake or on the lake edge.
Ensure a harmonious relationship between the Lakeshore Parks and the community edge, but in no instance will further private development be permitted east of Lake Shore Drive.
The project is not located east of Lake Shore Drive. The project furthers the harmonious relationship between the community and adjacent parks by providing active ground-level uses and upper level views of the park and the lake.
Improve access to the Lakeshore Parks and reduce vehicular traffic on secondary park roads.
This policy is not applicable because the improvements subject to this application are within the Private Use Zone and are not part of the lakeshore park system.
Strengthen the parkway characteristics of Lake Shore Drive and prohibit a roadway of expressway standards.
This policy is not applicable because the improvements subject to this application will have no impact on the characteristics of Lake Shore Drive.
Ensure that all port, water supply, and public facilities are designed to enhance lakefront character.
This policy is not applicable because the project involves no such public facilities.
14. Coordinate all public and private development within the water, park and community
zones.
This policy is not applicable because the project involves no development within the Public Use Zone.
B. THIRTEEN PURPOSES
1. To promote and protect the health, safety, comfort, convenience, and the general welfare ofthe people, and to conserve our natural resources.
Ihe project will help activate the neighborhood by demolishing the existing vacant, obsolete hospital buildings, and providing active ground-level retail, residential and other uses, thereby contributing to safety, convenience, comfort and general welfare. Parking and traffic improvements will be designed so as to promote and protect health, safety and welfare and will be subject to the approval ofthe Chicago Department of Transportation.
EAST\55060031.3
To identify and establish the Lake Michigan and Chicago Lakefront Protection District and to divide that District into several zones wherein any and all development or construction, as specified in Article V hereinafter, shall be specifically restricted and regulated.
This purpose relates to the establishment ofthe Public and Private Use Zones and does not apply to individual applicants.
To maintain and improve the purity and quality of the waters of Lake Michigan.
The project is located west of Lake Shore Drive and will have no adverse impact on the purity or quality of the waters of Lake Michigan.
To ensure that construction in the Lake or modification of the existing shoreline shall not be permitted if such construction or modification would cause environmental or ecological damage lo the Lake or would diminish water quality; und, to ensure that the life patterns offish, migratory birds and other fauna are recognized and supported.
The project does not involve any construction in the lake or modification of the existing shoreline.
To ensure that the Lakefront Parks and the Lake itself are devoted only to public purposes and to ensure the integrity of and expand the quantity and quality of the Lakefront Parks.
The improvements subject to this application are not part of the lakeshore park system.
To promote and provide for continuous pedestrian movement along the shoreline. The project will not impede pedestrian movement along the shoreline.
to promote and provide for pedestrian access to ihe Lake and Lakefront Parks from and through areas adjacent thereto at regular intervals of one-fourth (1/4) mile and additional places wherever possible; and, to protect and enhance vistas at these locations and wherever else possible.
The project does not adversely impact pedestrian access to the lake and Lakefront Parks.
To promote and provide for improved public transportation access to the Lakefront. The project does not adversely impact any public transportation access to the lakefront.
To ensure that no roadway of expressway standards, as hereinafter defined, shall be permitted in the Lakefront Parks.
The project does not include any roadways in the Lakefront Parks.
To ensure that development of properties adjacent to the Lake or the Lakefront Parks is so defined as to implement the above-stated Purposes, provided, however, that with respect to
IIAS1A5 5 060031 3
property located within the Private Use Zone as established by Article V, VI, and IX of this Ordinance, the permitted use, special use, lot area per dwelling unit, and floor • area ratio provisions found in the applicable chapters of the Chicago Zoning Ordinance portion of the Municipal Code of Chicago, shall govern, except where such provisions are in substantial conflict with the Purposes of this Ordinance or the Fourteen Basic Policies of the Lakefront. Plan of Chicago.
The project will be in compliance with applicable zoning regulations and will not be in conflict with the purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance or the Fourteen Basic Policies of the Lakefront Plan of Chicago.
To achieve the above-stated purposes, the appropriate public agency should acquire such properties or rights as may be necessary and desirable.
The improvements subject to this application are within the Private Use Zone and will remain privately owned.
To define and limit the powers and duties of the administrative body and officers as provided herein.
This purpose does not apply to individual projects.
Nothing contained in the Lake Michigan and Chicago Lakefront Protection Ordinance shall be deemed to be a waiver or consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity which may be otherwise required by law. 1
This purpose does not apply to individual projects.
EAST\55060031.3
FINAL
Department of Planning and Development city of chicago
4400 BLOCK OF NORTH CLARENDON AVENUE PROPOSED AMENDMENT TO RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 138 (APPLICATION NO. 17707) AND LAKE MICHIGAN AND CHICAGO LAKEFRONT PROTECTION ORDINANCE
(APPLICATION NO. 627)
RESOLUTION
WHEREAS, the co-Applicants, Montrose Clarendon Partners, LLC and the Missionary Sisters of the Sacred Heart, have submitted an application seeking approval for a development pursuant to the regulations and requirements of the Lake Michigan and Chicago Lakefront Protection Ordinance; and,
WHEREAS, the co-Applicants, have submitted an application seeking approval for an amendment to Planned Development No. 138; and,
WHEREAS, the co-Applicants are proposing to construct a 259'-tall tower that will contain 381 residential units, 30,000 square feet of commercial space and 278 parking spaces; a 157'-tall tower that will contain 250 residential units and 160 parking spaces; and, a 6,000 square foot, single-story; retail structure with 11 surface parking spaces; and,
WHEREAS, the co-Applicants' request for development approval pursuant to the regulations and requirements ofthe Lake Michigan and Chicago Lakefront Protection Ordinance was filed with the Department of Planning and Development on April 4, 2013; and,
WHEREAS, the co-Applicants' request to amend and re-establish Planned Development No. 138 as Planned Development No. 138, as amended, was introduced to the City Council on April 10, 2013; and,
WHEREAS, proper legal notice ofthe hearing for both applications before the Plan Commission was published in the Chicago Sun-Times no later than January 6, 2016; the co-Applicants were separately notified of this hearing and the proposed zoning application and associated application pursuant to the regulations and requirements of the Lake Michigan and Chicago Lakefront Protection Ordinance were considered at a pubiic hearing by this Plan Commission on January 21, 2016; and,
WHEREAS, the Plan Commission has reviewed the applications with respect to the applicable provisions of the Zoning Ordinance and the Lake Michigan and Chicago Lakefront
121 NORTH LASALLE STREET, ROOM 1000. CHICAGO, ILLINOIS 60602
FINAL
Protection Ordinance and finds that the proposal will be consistent with said provisions; and,
WHEREAS, the Department of Planning and Development recommended approval of both applications, with the recommendations and explanations contained in the written report dated January 21, 2016, a copy of which is attached hereto and made a part hereof; and,
WHEREAS, the Plan Commission has fully reviewed the applications and all informational submissions associated with the proposed amendment and request for development approval, the report and recommendation ofthe Commissioner of the Department of Planning and Development and all other testimony presented at the public hearing held on January 21,2016, giving consideration to the Zoning Ordinance and the Lake Michigan and Chicago Lakefront Protection Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
1. THAT the above-stated recitals to this resolution together with the report of the Commissioner of the Department of Planning and Development be adopted as the findings of fact of the Plan Commission regarding this Lake Michigan and Chicago Lakefront Protection Ordinance application; and,
2 THAT the above-stated recitals to this resolution together with the report of the Commissioner of the Department of Planning and Development be adopted as the findings of fact ofthe Plan Commission regarding this zoning map amendment application; and,
Martin Cabrera, Jr. Chairman Chicago Plan Commission
THAT the final application dated January 21, 2016, be approved as being in conformance with the provisions, terms and conditions ofthe corresponding Lake Michigan and Chicago Lakefront Protection Ordinance application; and,
THAT the final application dated January 21, 2016, be approved as being in conformance with the provisions, terms and conditions ofthe corresponding zoning application; and,
THAT this Plan Commission recommends approval to the City Council Committee on Zoning, Landmarks and Building Standards ofthe final zoning application dated January 21, 2016.
PD No. 138, as amended LMCLPO No. 627 Approved: January 21, 2016
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602
DECEIVED
CITY OF CHICAGO
JAN 2 1 2016
Initial:
APPLICATION FOR AN AMENDMENT TO THE CHICAGO ZONING ORDINANCE
ADDRESS of the property Applicant is seeking to rezone:
4400-4458 and 4401-4415 North Clarendon Avenue
Ward Number that property is located in: 46th
3. APPLICANT Montrose Clarendon Partners LLC and Missionary Sisters of the Sacred Heart
ADDRESS 4104 North Harlem Avenue CITY Chicago
STATE IL ZIP CODE 60634 PHONE 773-625-3036
EMAIL rfillen@Jiarlemirvine.com CONTACT PERSON Rick Filler
4. Is the applicant the owner of the property? YES NO X
Ifthe applicant is not the owner of the property, please provide the following information regarding the owner and attach written authorization from the owner allowing the application to proceed.
OWNER Missionary Sisters of the Sacred Heart
ADDRESS 434 West Deming Place CITY Chicago
STATE IL ZIP CODE 60614 PHONE (773) 883-7302
EMAIL CONTACT PERSON Sr. Joan McGlinchev
5. Ifthe Applicant/Owner of the property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORNEY DLA Piper LLP (US) Attn: Paul Shadle & Mariah DiGrino
ADDRESS 203 North LaSalle Street Suite 1900
CITY Chicago STATE IL ZIP CODE 60601
PHONE 312-368-3493 /312-368-7261 FAX 312-251-5870/312-251-5833
EMAIL Paul.Shadle(S>dlapiper.com / Mariah.DiGrino(a>dlapiper.corn
6. Ifthe applicant is a legal entity (Corporation, LLC, Partnership, etc.) please provide the names of all owners as disclosed on the Economic Disclosure Statements.
See Economic Disclosure Statements
EAS1A54983984.5
On what date did the owner acquire legal title to the subject property? See attached
Exhibit A
Has the present owner previously rezoned this property? If yes, when?
No
Present Zoning District RM-5 Residential Multi-Unit District and Institutional Planned
Development No. 138
Proposed Zoning District First, to B3-5 Community Shopping District, then to
Residential- Business Planned Development
Lot size in square feet (or dimensions) 145.823 square feet (Net Site Areal
Current Use of the Property Former Cuneo Hospital/Maryville Academy (Vacant buildings
and adjacent parking lot
Reason for rezoning the property To allow construction of a mixed-use residential and
commercial project as described in the enclosed project plans
Describe the proposed use ofthe property after the rezoning. Indicate the number of dwelling units; number of parking spaces; approximate square footage of any commercial space; and height of the proposed building. (BE SPECIFIC)
The Applicant proposes to redevelop the property with a mixed-use project, including
approximately 736 residential units, approximately 30.000 square feet of retail and
commercial space, and approximately 500 parking spaces.
On May 14th, 2007, the Chicago City Council passed the Affordable Requirements Ordinance (ARO) that requires on-site affordable housing units or a financial contribution if residential housing projects receive a zoning change under certain circumstances. Based on the lot size of the project in question and the proposed zoning classification, is this project subject to the Affordable Requirements Ordinance? (See Fact Sheet for more information)
YES X NO -
EAST\54983984.4
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:
Michael A. Marchese Special Trust
Check ONE qf,the.following three boxes:
Indicate whether the Disclosing Party submitting this;EDS is::
[] the Applicant
or ¦:.)-.¦¦ i ,.
[*] a legal entity holding a direct or indirect interest iri the Applicant. State the legalnarhe of the
Applicant in which the Disclosing1 Party holds ah interest: Montrose-Clarendon Partners' LLC
OR
3. [ ] a legal entity with a right of control (see Section II.B.1.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 4104 N. Harlem Avenue
Norridge, IL 60706.
Telephone: 773-625-3036 Fax: 773-625-0056 Email: lgerlach@harlemirving.com
Name ofcontact person: Lawrence A. Gerlach .
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):
Application to rezone property located at 4400-4458 & 4401-4415 N. Clarendon Ave and for tax increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development
If the M atter is a contract being handled by the City's Department of Procurement Services, please complete the following: ,
Specification # and Contract #
Page 1 of 13
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone property located at 4400-4458 & 4401-4415 This recertification is being submitted in connection withN. Clarendon Ave and for tax increment financing
[identify the Matter]. Under penalty of perjury,'-the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf ofthe Disclosing Party, (2), warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as ofthe date furnished to the City and continue to be true, accurate and complete as ofthe date of this recertification, and (3) reaffirms its acknowledgments.
Michael A. Marchese Special Trust
(Print or type legal name of Disclosing Party)
Print or type name of signatory:
James W. Durkin
Title of signatory:
Trustee
Signed and sworn to before me on [date]
SCti\{Jl( r\_ ( A ULU^O-^, Notary Public. Commission expires:
OFFICIAL SEAL SANDRA ANDERSON KOTARV PUKX - STATE OF ILLINOIS MY COMWSSION EXPtRES;09/16m
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
] Person [ ]
] Publicly registered business corporation [ ]
] Privately held business corporation [ ]
] Sole proprietorship [ ]
\ ] General partnership (Is
\ ] Limited partnership
:>d Trust [ ]
Limited liability company Limited liability partnership Joint venture
Not-for-profit corporation
the not-for-profit corporation also a 501(c)(3))?
[ ] Yes [ ] No
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 State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No _ M 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).
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 James W. Durkin Trustee
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% ofthe 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 ofthe 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
Giovanna Marchese 4104 N. Harlem Aye, Norridge, IL 60706
Regina Marchese 4104 N. Harlem Ave, Norridge, IL 60706
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe 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):
f' J)
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the' name an'd business address of each subcontractor,' attorney, lobbyist; accountant; consul
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. . .
Ifthe 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.
i
Page 3 of 13
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.
(Add sheets if necessary)
03 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 ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
I
[ ] Yes [x| No [ ] No person directly or indirectly owns 10% or more ofthe
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), ifthe 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 ofthe 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. J
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities dentified in Section II.B.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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 hot, 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 followirig'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, agenl or employee of (he Disclosing Parly, 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 conyicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe 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).
4. 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
lh-v':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 ofthe 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 ofthe 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) ofthe Municipal Code.
Ifthe Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A •
J
Page 6 of 13
Ifthe 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 ofthe 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, 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 publiey or'(ii) food ordrihk 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 ofthe City recipient.
N/A . . . : ¦ ;.
b. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check1 one)
[ ] is [xj is not ¦ "
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
Ifthe 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 hone 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."
Ifthe 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 ofthe Municipal Code, explain here (attach additional pages if necessary):
J
Page 7 of 13
ifthe 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 ofthe Municipal Code: Does any officialor 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 Matter?
[ ] Yes |x] No
NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.l., 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 (ii) 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 Di
Does the Matter involve a City Property Sale?
[.] Yes [}No •
If you checked "Yes" to Item D.l., provide the names and business addresses ofthe 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
j Please check either 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 insurancepoliciesj
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
Disclpsing-Partyshas found records of .investments ;or .pro fits from slavery or slaveholder insurance policies. The Disclosing Party verifies: that the followingconstitutes: full disclosure of all such records, including the names of any and all slaves or slaveholders described in those recprds: ,
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally;^ this Section VI. If the Matter is not federally
funded, proceed to Section VIL For purposes of this Section VI,' tax credits allocated by the City and proceeds of debt obligations .of the City are nbf 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):
(If no explanation appears or begins on the lines above, or ifthe 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) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 19.86 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 ofthe Matter.and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Ifthe 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.
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, arid regulations !6h which this EDS is^basedv -'' •'• '•
The City's Governrrierital Ethics and Cariipaign Financing'Ordinances, Chapters 2-156 arid-2-164 of the Municipal Code, imp'o'se certain dufies aritisobligafibris on person's or entities' seeking;City:contra'cts, 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. .,i
Ifthe City determines that any information provided in this EDS is false, incomplete or in accurate j' 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 hot 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. - • -'- • •' • :' • -
'lt is trie City's policy to make this document available to'the public on its Internet site arid/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 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. :
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 ofthe 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 ofthe Municipal Code.
jThe Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. oh 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 hiredjn.connection with the .Matter,certifications equafin form and substance to those in F.l. and F.2. above and will not, without the prior written consent ofthe City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has rea'sbn.to _b:elieve!has_not.:provided or^cannQt provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.l., 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, arid (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.
Michael A.' Marchese Special- -Trust (Print or type narne of Disclosing Party)
James W. Durkin
(Print or type name of person signing) Trustee
(Print or type title of person signing).;
X_^a5>&~~1- Notary Public.
Signed and sworn to before me on (date) ^
at Cook County, Illinois (state)
commission expires:
CITY OF CHICAGO, ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIXA
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 Applicantcxceeding 7:5 percent. It is not to be completed by any legal entity whicfrhas only an indirect ownership" interest ih4he Applicant. ' •'* ¦•" ¦•'
Under Municipal Code Section 2-154^015, me Disclosmg Party mustrdisclose whether such DisclosmgiParty
or any "Applicable Party" otfany.SpouseiorDomesti^^ relationship" -with
any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any '^Applicable Party" or any. Spouse or Domestic Partner thereof is, relatedto ,: 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-m-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister. '
'''^piicabie'Pait^'nieaiis "(1) alt executive dfficers of the'Disclos Sectioh'U.B:l.a., ifthe '
Disciosmg'Parryis'a^ partners bf the: Disclosing Party^^ Disclosihg'P'arty is ^generalJ "' '¦
parmer'snip; all' general parmers and limited1 partners'-'of me-Disleldsmg Party, if the Disclbsing-Partyis aTirnited partnership; all managers, managing members and members ofthe 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. "Prmcipal'officers".meanS}me.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 Spbuse or-Dbrnestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes pq No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 [X]No
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 ofthe Municipal Code?
[ ]Yes [ ]No [X] Not Applicable
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 ofthe building or buildings to which the pertinent code violations apply.
Not applicable.
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.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Michael A. Marchese 1985 Trust
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
1. [] the Applicant
OR
2. a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe
Applicant in which the Disclosing Party holds an interest: Montrose Clarendon Partners LLC
OR
3. [ ] a legal entity with a right of control (see Section II.B.1.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address ofthe Disclosing Party: 4104 N. Harlem Avenue __
Norridge, IL 60706
Telephone: 773-625-3036 Fax: 773-625-0056 Email: lgerlach@harlemirving.com
Name of contact person: Lawrence A. Gerlach .
Federal Employer Identification No. (if you have one): J j ;
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):
Application to rezone property located at 4400-4458 & 4401-4415 N. Clarendon Ave and for tax increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Page 1 of 13
e
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone property located at 4400-4458 & 4401-4415 This recertification is being submitted in connection withN- Clarendon Ave and for tax increment financing [identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as ofthe date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its acknowledgments.
Michael A. Marchese 1985 Trust
(Print or type legal name of Disclosing Party) By:
(slgrj/here) Print or type name of signatory:
Michael A. Marchese
Title of signatory: Trustee
/- 7~'(J> ¦ .by .
County, //sJs^y^ [state].
Notary Public.
"OFFICIAL SEAL"
BRIDGET L TORRES Notary Public, S'atc of Illinois My Commission E>:»res 3/2-1/2018
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[] Privately held business corporation [] Joint venture
[ ] Sole proprietorship [ ] Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[ ] Limited partnership [ ] Yes [ ] No
[x] Trust [ ] 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).
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 Michael A. Marchese Trustee
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% ofthe 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 ofthe 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
Michael A. Marchese 4104 N Harlem Ave,' Norridge, IL 60706
SECTION HI - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is sighed?
[] Yes fx] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTIONXV —DISCLOSURE OF SUBCONTRACTORS AND, 6f HER RETAINED PARTIES
The-Disclosing Party must disclose the name and business address of ,each subcontractor, attorney, lobbyist, accountant, cpnsultant and-any other person or entity-whom 4iie -Disclosing -Party has retained or expects to retain in connection with the Matter,
"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.
Page 3 of 13
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.
(Add sheets if necessary)
[x] 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 [x] No [ ] 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), ifthe 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 ofthe 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.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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 statemerits>;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-fdunddiable in a civil proceeding,,qrin any^crimjbaal. 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: , ,v ,
tKevD isclosing'Party; > ,, .
any "Contractor" (meaning any contractor or subcontractor nsed.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, withbWlimitatibh: " interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a bVslnesTiSiii^fpllo'wing'm^ 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 ofthe 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 ofthe City, the State of Illinois, or any agency ofthe 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 hot 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 ofthe 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
Ifthe 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 ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list'of all gifts, that.'the Disclosing Party has given qrt caused.to be.given, at .any time during the 12-month period preceding the execution .date of this EDS, to an>emplqyee,,or elected or appointed 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 (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 fhe, City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
1. The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [ ] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
2. 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 ofthe 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 ofthe 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."
Ifthe 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 ofthe 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 Parry certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe 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 her own name or in the name of any other person or entity in the Matter?
[]Yes IxJNo
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., 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'iri the name of any other;perspn 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^^ th^^suitLof the City (collectively, "City Property Sale"). Compensation for property taiken 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 [JNo
If you checked "Yes" to Item D.l., 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. Ifthe 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.froin 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:
SECTION VI,-- qERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE; If the.Matter is federally funded, "completethis; Section VI: If the'Matter is not federally funded, proceed tp.Section Vii- Ijor purposes of this Section Vl/tax credits allocated-hy the City- ' and proceeds of debt obligations of the City are nbt^federarraxidingl
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 ofthe Disclosing Party with respect to the Matter: (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 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 ofthe 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) ofthe 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. , .
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 ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[j 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 -ED S'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 mustcomply withi all statutes, Ordmahces, and Tegulations-on which mis EDS is based, .
The City's Governmental Ethics and Campai'gnFinancing'Ordinances, Chapters,2-156;,and 2-164 of . the Municipal Code, impose certain dutie's 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 applicableordinances. ¦"' ¦ ' ' J ,.:>¦;
Ifthe 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 ah award to the City of treble damages.
It is the City's policy to make this document available to the public onits-Internet site and/prrupon
request. Some or all ofthe information provided on this EDS and any attachments to this EDS maybe
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. " . .: . / .,
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 ofthe Municipal Code (imposing PERMANENT INELIGIBDL.ITY 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 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed hy 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 hiredin connection with the Matter certifications equal in;, form and substance to those in F.l. and F.2. above and will not, without the prior written consent ofthe City, use any such contractor/subcon'tractor 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 of the items in F. 1., F.2, or F.3. above, ah 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); oh 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 Cityi
Michael A. Marchese 1985'Trust
Michael A. Marchese
(Print or type name of person signing)
Trustee
(Print or type title of person signing)
Signed and swom to before me on (date)
at Cook County, Illinois
Commission expires: )c&"l — )S~T
(state).
Notary Public.
OFFICIAL SEAL THERESA LCALDERiSi NOTARY PUBLIC - STATE OF ILUNOIS MY COMMISSION EXPKES:12/14/15
Page 12 of 13
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- indirectownership.interestin the AppUcant, . 5 . , ; ,, '
Under Municipal Code Section 2-154-015, the Discipsing,^ar^mu^.o^clpse whether such DisclPsihg Party
or any "Apphc^ble Party^' pjjany Sppuseror Domestic parfnerjtl^ has a "familial relationship" with
any elected city official or department head. A "familial relationship" exists if, as of the date thisEDS 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 deparunent'head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, bfotheror 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 ; ,; :
"Apphcable Party' means (1) all executive;officefs, ofme>Dis^losmg^arty; hsted in Section H.B. 1 .a., ifthe Disclosing; Partyls- a ctirporation; all partners;of mejDisclosingiParty, if the pisctosing,PDoes 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 department head?
[ ]Yes (X]No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 [X]No
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?
[ ]Yes [ ]No [xi "Not Applicable
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.
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone' property located at 4400-4458 & 4401-4415 This recertification is being Submitted in connection withN- Clarendon Ave and for tax increment financing
[identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to. the City and continue to be true, accurate and complete as ofthe date of this recertification, and (3) reaffirms its acknowledgments.
Michael A. Marchese Primary Trust Date"- /" - 7^" ^^~t^
(Print or type legal name of Disclosing Party)
Print or type name of signatory:
Michael A. Marchese
Title of signatory:
Trustee
Signed and sworn to before me on [date]
tMQjtHmiA.ifi^f.u^ at Cg&&~* County, /^M^t^ [state].
rPr\A. r?/"^ 'JSVU * —- Notary Public.
• - is
Commission expires: ^// & "
\ "OFFICIAL SEAL"
| BRIDGET E TORRES
< Nolary Public. State of Illinois
vcr. n-Oi-05 \ My CommissioriE>2ireS(3^4£0U
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: Michael A. Marchese Primary Trust
Check ONE of the followingjthrec boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[] the Applicant • • : : . ¦
or ' '.' : ' * • : '
[X] 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: Montrose Clarendon Partners LLC
OR
3. [ ] a legal entity with a right of control (see Section II.B.1.) State the legal name of the entity in
which the Disclosing Party holds a right of control: ¦ • ¦¦ • • ¦
B. Business address of the Disclosing Party: 4104 N. Harlem Avenue
Norridge, IL 60706
C. Telephone: 773-625-3036 Fax: 773-625-0056 Email: lgeriach@harlernirving.com
- D. Name of contact person: Lawrence A. Gerlach ,
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):
Application to rezone property located at 4400-4458 & 4401-4415 N. Clarendon Ave and for tax increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Page I of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
[ ] Person
[ ] Publicly registered business corporation
[ ] Privately held business corporation
[ ] Sole proprietorship
[ ] General partnership
[ ] Limited partnership
[x] Trust
[ ] Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
? Yes []No [ ] 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 State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[JYes []No M 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 ofthe 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).
Ifthe 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 ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Michael A. Marchese trustee
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% ofthe 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 trusty 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
Michael A. Marchese 4104 N Harlem Ave, Norridge, IL 60706
Regina Marchese 4104 N. Harlem Ave, Norridge, IL 60706
Giovanna Marchese 4104 N. Harlem Ave, Norridge, IL 60706
SECTION III ~ BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[] Yes [xjNo
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 ofthe fees paid or estimated to be paid The Disclosing Party is hot 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.
Page 3 of 13
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.
(Add sheets if necessary)
[x] 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 obhgations by any Illinois court of competent jurisdiction?
[ ] Yes [x] No [ ] 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 [JNo
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.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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 record's; making false' statements; ;pr receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in'clause B'.2.b'.'o"f 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:,
me 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 of 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 ofthe 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 locar'goveniment 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 ofthe 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) 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:
N/A
Page 6 of 13
Ifthe 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 ail'gins that the Disclosing Party has giveri'br caused^tb 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, 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 (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 fjxj is not'
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
Ifthe Disclosing Party IS a financial institution, then the Disclosing Party pledges:
" We are not and will not becohre a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that hone of bur 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) ofthe 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 ofthe 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 her own name or in the name of any other person or entity in the Matter?
[ ] Yes fx] No
NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.L, 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 (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe 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.L, provide the names and business addresses of the City officials of 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 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:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: Ifthe 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):
(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.
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 certificatidns, 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's'tatates, ordinances,-and regulations '6n which- this-'EDS' is-based;;:
The Gify's'Gbvernme'ntal Ethics -and'Campaign'-Financing-Ordinances,. Chapters 2-156 and 2r164 of the Municipal Code, impose certain duties ahd 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 6rdihances:w - ''¦<'•¦ ¦¦'-"¦
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 contractior- 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/pr upon
request. Some or all ofthe information provided on this EDS and any attachments to .tbi&EDSmaybe
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 the'public 'release-.pf, information
contained in this EDS and also authorizes the City to verify the accuracy of any information submitted
in this EDS. ' ------
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. Ifthe 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 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:
Page 11 of 13
F.l. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S, General Services Administration.
F.3 ' Ifthe Disclosing'Party is;the Applicant, the DisclosingParty will obtain* from any ., ; contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance totthose in F.l. and F;2. above and will not, without the prior written consent ofthe City, use any such contractor/sub contractor 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. 1., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION -
Under penalty of perjury, the person signing below: (1) warrants that he/she is>authorized to execute this EDS'and Appendix'A (if applicable) on behalf 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.
Michael A. Marchese Primary Trust
(Print or type name ofBfeClosing Party)
Michael A. Marchese
(Print or type name of person signing) Trustee
(Print or type title of person signing)
Signed and sworn to before me on (date) ^-cXM^K
at Cook County, Illinois (state).
Commission expires: \&--\^ 1
OFFICIAL SEAL THERESA L CALDERISl NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EWWE&12/14/15 r««.««ii .............nnrVLTLORji,
Page 12 of 13
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 anydegal entity which has only an indii-ect ownership interest in the Applicant. ,
Under>Mupicipal.C.9j^e.S:^tion 2-154-015, ^e Discjosmg Par^.must disclose whether such Disclosing Party
or any "Applicable Party!' or any Spouse, or Domestic Partner mereof currently has a""familiai reiati6nship"rwith
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 Parmer thereof is related to
the mayor, any alderman,"the city clerk, me?city treasurer of any'city depart 6r;ddrriestici f';
partner or as any of the following, whether by blood or adoption: parent, child*-brother 6r'sister,;auntor 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.1; < . } • ; r * «,ptj •»
"Applicable'Party'i'imeans (I) all executive officers of me Disclosing Party listed in Section TLB1.a.,, if the
Disclosmg PartyJs»a{co)rp^ the pisclqsing,P^rty,, if die Disclosing iPartyis. age^neral|,
partaerehip/ dl .general^ hmtedpartners of the Disclosing Party,"if the P^isclpsihg Part/ is a hjnited
partnership; all managers, managing members and members ofthe Disclosing Party, ifthe Disclosing Party is a
limited liability company; (2) all principal officers of the Disclosing; Party; arid (3) any person havingmore than
a 7.5 percent ownership interest in the Disclosing Party. "Principal office - r
operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or ahyperson
exercising similar authority. ' ; '¦. 11
L -. -
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestie*Partn^ have a "familial relationship" with an elected city official or department head?
[ ]Yes pc]No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 [X]No
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 ofthe Municipal Code?
[ JYes [ JNo [xJ Not Applicable
3. If yes to (1) or (2) above, please identify below the name ofthe 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.
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone property located at 4400-4458 & 4401-4415 This recertification is being Submitted in connection withN. Clarendon Ave.and for tax increment financing
[identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true, accurate and complete as ofthe date of this recertification, and (3) reaffirms its acknowledgments.
The Harlem Irving Companies. Inc.
(Print or type legal name of Disclosing Party)
(sign here)
Print or type name of signatory: Lawrence A. Gerlach
Title of signatory:
Vice President
Signed and swom to before me on [date]
LAUsm*&> &n/Mfr-> at __£&2L County,
Notary Public.
Commission expires: "^llM f I ft
Ver. 11-01-05
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:
The Harlem Irvine Companies.,lnc. - . . .
Check ONE of the following three boxes:
Indicate whether the Disclosing Party: submitting this EDS is: .-'¦.>
[] the Applicant '"" ' ' ' ' ' - •' ' :
or ' "'' „ ,¦¦ = . - .
[x] 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: Montrose Clarendon Partners 'LLC "'
OR
3. [] a legal entity with a right of control (see Section II.B.1.) State the legal name of the entity in
which the_DisclQsjng_PartV holds a right of control:
Business address of the Disclosing Party: 4104 N. Harlem Avenue
Norridge, IL 60706 . ;
Telephone*. 773-625-3036 Fax: 773-625-0056 Email: teerlach(Sharlernirvlnf;.corn
Name of contact person: Lawrence A. Gerlach
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):
Application to rezone property located at 4400-4458 & 4401-4415 N. Claredon Aye and for tax increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[] Publicly registered business corporation [] Limited liability partnership
fx] Privately held business corporation [ ] Joint venture
[ ] Sole proprietorship [ ] Not-for-profit corporation
[] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[] Limited partnership []Yes [ ] No
[ ] Trust [ ] 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 notrfor-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).
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 ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title See Attached
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% ofthe 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 ofthe 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
Michael A. Marchese Primary Trust , 4104 N. Harlem Ave, Norridge, IL 6O7O6
Michael A. Marchese 1985 Trust 4104 N. Harlem Ave, Norridge, IL 60706
Michael A. Marchese Special Trust .41,04 N. Harlem Ave, Norridge, IL 60706
SECTION III - BUSINESS RELATIONSHIPS, WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[] Yes fx] No
If yes, please identify below the namc(s) of such City elected official(s) and describe such
relationship^):
SECTION IV - DISCLOSURE OF'SUBCONTRACTOR'S AND OTHER RETAINED PARTIES
The Disclosing Parry 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 riot 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: (I) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyisf'-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.
Ifthe Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must cither ask the City whether disclosure is required or make the disclosure.
Page 3 of :3
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.
(Add sheets if necessary)
[x] 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 jx] No [ ] 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), ifthe 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.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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 orlocal) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged
-. • tggUty^or.fpundJiable-in a.ciyil.prpceediiig) 0r_in any.criminal or civil action, mcluding 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 DisclosingParty;
any "Contractor" (meaning any contractor or subcontractor used by the'Disclosing Party iri:- ; 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 dp 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 ofthe 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 (l)bid-riggingin 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 ofthe 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 hone, indicate with "N/A" or "none").
9. To the best of the Disclosing Party's knowledge after reasonable inquiry,, the following is a complete" list of all gifts that the1 Disclosing Party'-has given or caused tobXgiv^^ 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 ofthe City recipient.
n/a¦ ¦'" "¦'' ¦ ¦ ¦'. .. > • -. ¦ .. , . ¦ ., .
C. CErWiCATION OP'STATUS AS FINANCIAL INSTITUTION _ .
The Disclosing Partycertifies mat the Dis'cIosing'Party (check:one); r
[]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 ofthe 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 ofthe 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."
Ifthe 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 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 ofthe City have a'financial interest in his or her own name or in the name of any pther.person or entity in the Matter? '
[]Yes fx] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.lproceed 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 (ii) 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.l., 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 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. i
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 policie's. The Disclosing'Party verifies that the followingiconstitutes.full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:;,
SECTION VI -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS ! -
NOTE: If the Matter is federally funded, complete this.Sectibri VI. If the Matter is nbt federally
funded,-proceed.tp Section VII. For.purppses of this Section VI, tax credits allocated by the City'
and proceeds of debt obligations of I 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):
(If no explanation appears or begins on the lines above, of ifthe lettefs~"N A" or ifthe 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 ofthe 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.
Is the Disclosing Party the Applicant?
[JYes : [ ] 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 ofthe 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 of 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, ofdmarices; and regulations on which this EDS is based. ;
The City's Governmental-Ethics' and-Campaign Financing Ordinances; Chapters 2-156, and^-lM.of the Municipal Code', impose 'certain duties' and obligations on persons or entities. seeking City conn-acts, 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. Remediesjat
law for a false statement of material fact may include incarceration and an award to the City bf treble
damages. ¦ - v-¦¦ -:
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;rnay 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.
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. Ifthe 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 1 of Chapter 1-23 ofthe 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:
Page 11 of 13
F.l. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed by the U.S, E,P>A. on the federal Excluded Parties List System ("EPLS") maintained by the U.S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtainfrpm any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in, , form and substance to thpse in F. 1. and F.2. above and will not, without the prior written Consent of the City, .use any such contractpr/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify, as to any ofthe items in F.T., 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 .' • i
e of Disclosing Party) j
The Harlem Irving Companies, Inc. (Print or
(Sign here)
Lawrence A Gerlach
(Print or type name of person signing)
Vice President
(Print or type title of person signing)
Signed and sworn to before mc on (date)
at q6|ok County, Illinois
Commission expires: jjK)
"OFFICIAL SEAL" BRIDGET E TORRES Notary Public, Stale of Illinois My Commission Expires 3/24/2018
Page 12 of 13
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 in1 the'Applicant exceeding 7.5 p erccnt. It is not to be. completed.by any legal .entity which has only an indirect ownership interest m the Applicant.
Under.MunicipalCodejSectipn 2^154-015, the DisclpsingB
or any "Applicable: Party? or. anyjSjrouse or Domestic Pa^er ^ a "farrulial 'relati6nship" with
any elected city official or department head. A "farinhal relationship" exists ifj'as of the date this EDS is " :'''
signed, the Disclosing Party or any "Apphcable, Party'' or any Spouse or Domestic Partner thereof is related to
the mayor* any alderman, me city clerl£ raecity treasurer or ahy city department head 'as-spbuse or domestic:
partner or as any ofthe following, whether by blood or adoption: parent; chirdj'hrbther br 'sister, auntor 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., v • . ;
"Applicable Parfy'*means<('l) all' executive officers of me ©isclosing Peaty listedin Section II.B.1.a., if the
Disclosing Party is-a:corp^ration;.al];.parmeis:6ftiie DisctosmgjParty, if theDisclosing Party is a general.
parmersMp; ah general parmers: a hmited
partnership; all managers, managing members and members, ofthe Disclosing Party,' if the Disclosmg Party is'a
limited Uabihty company; (2) all principal officers of the Disclosing Party; arid (3) any person havmg'rribre than
a 7.5 percent ownership interest in the Disclosing Parry. "Principal officers", means the president, chief
operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity br-ariy 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 department head?
[ ] Yes [x]No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW7PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 [X]No
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 pursuarit to Section 2-92-416 of the Municipal Code?
[ ]Yes [ JNo [x] Not Applicable
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.
Section II. B. 1 List full names and title of all officers and directors of entity:
Officers:
Michael A. Marchese Richard D: Filler Fred Murray : Gregory E. Fix Lawrence A. Gerlach Zelka Gasich Stanley Bouzoukis Jim Elliman Vince Forgione
Directors:
MichaelA. Marchese Richard D. Filler . Gregory E. Fix Lawrence A. Gerlach
Title:
Chairman^and Chief Executive Officer President and Chief Operating Officer Executive Vice President of Leasing . Vice President, General Counsel and Secretary Vjce President, Chief FiriariciaI'Offlc'er and Treasurer Vice President, Controller and Assistant Secretary Vice President of Property Management Vice President arid General Manager Vice President of Finance
Title:
Chairman and Chief Executive Officer ; President and Chief Operating Officer Vice President, General Counsel and Secretary Vice President, Chief Financial Officer and Treasurer
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone propertylocated at 4400-4458 & 4401-4415 This recertification is being submitted in connection withN- Clarendon Ave and for tax increment financing
[identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that
he/she is authorized to execute this EDS recertification on behalf ofthe Disclosing Party, (2)
warrants that all certifications and statements contained in the Disclosing Party's original EDS
are true, accurate and complete as of the date furnished to the City and continue to be true,
accurate and complete as of the date of this recertification, and (3) reaffirms its
acknowledgments.
Montrose Clarendon Partners LLC
(Print or type legal name of Disclosing Party)
(sign here)
Print or type name of signatory:
Lawrence A. Gerlach
Title of signatory:
Vice President
Signed and sworn to before me on [date]
_,by
LAWZ&fjrV? at County, /// fJcl^
Notary Public.
Commission expires:
Ver. 11-01-OS
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Montrose Clarendon Partners LLC
Check ONE of the following three boxes:
Indicate whether the "Disclosing Party submitting this EDS is:
[X] the Applicant; t .! . ,; - ¦ , •. ,;.
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.1.) State the legal name of the entity in
which the Disclosing Party holds a right of control: ' "-" __'
B. Business address ofthe Disclosing Party: 4104 N. Harlem Avenue
Norridge, IL 60706
Telephone: 773-625-3036 Fax: 773-625-0056 Email: lgerlach@harlemirving.com
Name of contact person: Lawrence A. Gerlach .
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):
Application to rezone property located at 4400-4458 & 4401-4415 N. Clarendon Ave arid for tax increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract //
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
Person [ ] Limited liability company
Publicly registered business corporation [ ] Limited liability partnership
Privately held business corporation [ ] Joint venture
Sole proprietorship [ ] Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership [ ] Yes [ ] No
Trust [ ] Other (please specify)
2. For le'gaTentities, the state (or foreign country) of incorporation or organization' if applicable:
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[] Yes ' ' [ ]No [ J 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).
Ifthe 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
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 ofthe 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
Diselosing-Party - --- < - - ¦
SECTION.III - BUSINESS-RELATIONSHIPS WI^ .
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 []No •¦¦...¦¦¦„¦:,¦¦;¦.¦.'..
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTIO.N 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 of entity whom the Disclosing Party has'retained or expects to retain in connection with the Matter, as well as the.nature ofthe 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.
Ifthe 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.
Page 3 of 13
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.
(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 [] 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?
I ] Yes [ J 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 ofthe 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.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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; ,. , ,7 ,. . ,
are not presently indicted for, or criminally or civilly charged by, a governmentakentky (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;,-
¦ ,r the Disclosing Party; ,i; ....
any "Contractor" (meaning any contractor or subcontractor, used byjthe. 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.e.quipment; common, use.of.emplo.y^ 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 ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe 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 ofthe 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 ofthe 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) ofthe Municipal Code.
Ifthe 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
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").
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 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.
C. CERTIFICATION OF STATUS AS FINANCIAL'INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [ ] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
Ifthe 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) ofthe 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
Ifthe 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 ofthe Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [ ] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., 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 (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe 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.l., provide the names and business addresses ofthe 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. Ifthe 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.
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,:
SECTION VI — CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE. Ifthe 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 hot federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1.995 who have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or ifthe 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) ofthe 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".
Ifthe 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. . •
Is the Disclosing Party the Applicant?
[ ] Yes [ J No
i
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 ofthe 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 wilfbecome 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 MuhicipalCode, 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 rescindedor ¦ 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. :
D: 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 thisEDS-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 iri 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 ofthe 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 2-1 54-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F. 1. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired iri connection with the Matter certifications equal in form and substance to those in F.l. and F.2, above and will not, without the prior written consent 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 ofthe items in F.l,, 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 ahd'Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City. '
Montrose Clarendon Partners LLC
By; The Harlem Irving Companies, inc., its manager
(Sign here)
Lawrence A. Gerlach
(Print or type name of person signing)
Vice President (Print or type title of person signing)
Signed and sworn to before me on (date)
Cook
County, Illinois (state).
Notary Public.
Commission expires:
"OFFICIAL SEAL" BRIDGET E TORRES Notary Public, Stale of Illinois My Commission Expires3^/^
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
Tbis 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
whichhas only:an indirect ownership; interest in,the AppUcant. : , .....
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such'Disci'osmg 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 mayorj any alderman, the city clerk, the city treasurer or any ditydeparrmehf head'as spbus&or domestic partner or as any of the .following, whether by blood or a'ddptibhr' parent,1 child, "brother or sister, auntrdr 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; y , ¦. ¦ ¦ -;?
"Applicable Party''means'(1) all executive officers of me Disclosmg Party^.listed^m^SectipnlJ^B^:?.,,!^me
Disclosing Partyis a Corporatipn; all partnersof theiDisclpsing Parfy,' if the Disclosing Party isAa general
partnership; .all general .partners; and;hmited partners of the Disclosing Partyr if the Disclosing Party is a lirnited
parmership; all managers, managing members and members of die, Disclosing Party, if the Disclosing Party is a
limited liability company; (2) all principal officers of the Disclosmg Party; and~(3)'any p^on'Mvmg^mofe' man
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 alegar entity br-ahy person
exercising similar authority. "'" ,; ( : J ;: "'' r r" •••••
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 department head? <
[ ] Yes [x] No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 [X] No
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 ofthe Municipal Code?
[ ]Yes [ ]No [x] Not Applicable
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 APPENDED 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. .
m': . . <-, .- •...
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-Missionary Sisters of the Sacred Heart, an lllinoisnot-for-p'rofit corporation
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] -the"A"ppIicant~ -The Disclosing Party is a co-Applicant with Montrose Clarendon Partners LLC with respect to the rezoning application
qR and, with respect to the application for tax increment financing, is the owner of the subject property
[ ] 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.I.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosmg Party: 434 west Deming Place ' '
Chicago, IL 60614
C. Telephone: 773-883-7302 Fax: 773-525-0514 Email: ¦¦ ¦
¦D. Name of contact person: Sr Jo3nMcGlinchey'M S C- .
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):
Application to rezone property located al 4400-4458 & 4401-4415 N. Clarendon Ave and for tax increment financing
G. Which City agency or department is requesting this EDS? ^""ing and Development '
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[] Privately held business corporation [] Joint venture
[ ] Sole proprietorship M^Not -for.-prpfit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[] Limited partnership [?T'Yes [ ] No
[] Trust [] Other (please'specify)
2. For legal .entities, the state'(or foreign country) of incorporation' or organization, if applicable:
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [ ] N/A
B. IE 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 othersimilar entities, list below
the legal titleholder(s). ¦ >¦¦ •'
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title bf each general partner, managing member, manager.or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal.entity listed below must submit an EDS on its own behalf.
Name _ Title
see Attachment 1
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 ofthe 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
)4|f\
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [vTNo .
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.
Ifthe 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.
Page 3 of 13
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.
(Add. sheets if necessary)
[if Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFiCAiIONS ' ''' i.-y \ -t n - ¦, <
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-terrn.
Has any person who directly br indirectly owns f0% or more ofthe Disclosing Party been declared; in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No [/j'f^operson directly or indirectly owns 10% or more ofthe
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of alf support owed and' is the.person in compliance.with that agreement? •
[JYes []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.1. of this.EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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" (meaningany 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 ofthe 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 anysuch
agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or
prospective bidder's, in restraint of freedom of competition by agreement to bid a fixed price or
otherwise; or !¦¦ ;¦
made ah 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 ofthe United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party' nofany 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 orthe,"
Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the'Specially
Designated Nationals List, the Denied Person's List, the Unverified List, the.Entity List and the
Debarred List! • '
6. " The Disclosing Party understands and shall comply with the applicable requirements of Chapters
2-55 (Legislative Inspector General), ;2-56 (Inspector General) and12-456 (Governmental Ethics) ofthe
Municipal Code.
7. Ifthe 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
Ifthe 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 ofthe 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,
ofthe City of Chicago (if none, indicate with "N/A" or "none").
NONE
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 time during the
12-month period preceding the execution date of this EDS, to an employee, or elected or appointed
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 (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 ofthe City recipient.
NONE :
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION 1. The Disclosing Party certifies that the Disclosing Party (check one)
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
2. 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 ofthe 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 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe 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 Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
Ifthe 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 ofthe 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 Matter? , <
[ ] Yes • , . .'. .[tTNa,. . . ¦ *",. , '. .
NO.TE:. Tf you checked "Yes" to Item D.l., proceed to Items p'.2. arid D. 3. if you checked "No" W Item D. l,, 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 eritity 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 (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 [
If you checked "Yes" to Item D.l., provide the names and business addresses ofthe 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 cither L or 2. below. Ifthe Disclosing Party checks 2., the Disclosing Parly 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.
4/1 . 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:
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):
(If no explanation appears or begins on the lines above, or ifthe letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons of 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.iofficer 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) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
i
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: . .
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 pursuarit 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 f ] 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 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 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.
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. Ifthe 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 for a longer period, as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party 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 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 Ifthe Disclosing Party is the Applicant, the Disclosing Party and its Affiliated-Entities will.not use, nor permit their subcontractors to iise, any facility listed by the U.S. E.P:A; on the federal.ExcIuded 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 iifF:l .and F.2. above-arid will hot, without the prior written consent ofthe City, use any such'cbritractor/subcoritractor that doe's not provide such certifications or that the; i Disclosing Party has reason to believe has nbt provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, 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) bri behalf ofthe Disclosing Party, and (2) warrants that all certifications arid statements cbritained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Missionary Sisters of the Sacred Heart, an Illinois not for profit corporation
(Print or type name of Disclosing Party)
By: 'Jjfa. ^KiJ^J^L (%n here) " ' Q
Sr. Joan McGlinchey, MSC
(Print or type name of person signing)
Vice-President (Print or type title of person signing)
"OFFICIAL SEAL"
J
STEPHEN L RUFFJR Notary Public, State of Illinois My Commission Expires Feb. 06,2016
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDLX 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 ofthe 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 ofthe Disclosing Party listed in Section H.B.l.a., ifthe 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 ofthe Disclosing Party, ifthe 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 department head?
[ ] Yes [VjNo
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title ofthe 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
Missionary Sisters ofthe Sacred Heart, an Illinois not for profit corporation. Section II. B. 1. 1
Members: : Novembers are legal entities. The Directors are the Members. Directors:
Sister Barbara Staley^MSC, Director : ¦•
Sister Beniadette Anello,'MSC, Director
Sister Maria Regina Cariale, MSC, Director .
Sisfer Concepcion Vallecillo,. MSG, Director :
Officers , . k .
. .1 s' t .;" , ¦ .......
Sister Barbara Staley, MSC, President ¦ Sister Joan.McGlinchey, MSC, Vice.President ' Sister Joan McGlinchey, MSC, Secretary Sister Joaquina Costa, MSC, Treasurer Sister Lucia Martins de Amorim, MSC Assistant Treasurer Mr, Stephen L. Ruff, Jr. Assistant Secretary
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of thispage is for you to recertify your EDS prior to submission to City Councilor, onvthe date of closing. If unable to recertify truthfully, the Disclosing Party.must complete a new EDS with collect or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
Application to rezone property located at 4400-4458 & 4401-4415 This recertification is being submitted in connection withN- clarendon Ave and for tax increment financing
[identify the Matter]. Under penalty of perjury, the person signing below;7(i.) warrants that
he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2)
warrants that all certifications and statements contained in the Disclosing; Party's original EDS
are true, accurate and complete as of the date furnished to the City and.continue to be true,
accurate andcomplete as of the date of this recerf ificaf ion,, and (3) reaffirms its
acknowledgments.
LF Montrose. LLC ' Date: l(s{lC*
(Print or type legal name of.Disclosing Party)
Print or type name of signatory:
James D.Xetchlnger
Title of signatory:
Manager and Sole Member
Signed and sworn to before me on [date]
^ft^s ^>. tt^J\'^\t>/ , at e*ok
Notary Public.
Commission expires: 2. / (o [ I
ROBERT 0.STONE
botary Public. Sjateoi , * Mv Commission EXP February 06.20"'
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:
LF. Montrose. LLC ¦ -
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[] the Applicant
OR
|x] a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe
Applicant in which the Disclosing Party holds an interest: Montrose clarendon Partners LLC
OR .
3. [ ] a legal entity with a right of control (see Section II.B.1;) State the legal name ofthe entity in
which the Disclosing Party holds a right of control: . .
Business address of the Disclosing Party: 908 N. Halsted St „
Chicago. IL 60642 ' "¦¦
Telephone: 312-642-7005 Fax: 312-642-9696 Email: iim(5>]dlcorp.com
Name of contact person: James Letchinger "
Federal Employer Identification No. (if you have one): . , .
F. 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).:. .
Application to rezone property located at 4400-4458 & 4401-4415 N. Claredon Ave and for tax Increment financing
G. Which City agency or department is requesting this EDS? Department of Planning and Development •
If the Matter is a contract being handled by the City's Department-of Procurement Services, please complete the following:
Specification # and Contract #
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person TV( Limited liability company
[ J Publicly registered business corporation (] Limited liability partnership
[ ] Privately held business corporation [ ] Joint venture
t ] Sole proprietorship . , [ ] Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[] Limited partnership []Yes []No
[ ] Trust [ ] Other (please specify)
For legal entities, the state (or foreign country) of incorporation or organization, if applicable::
For legal entities not organized in the State of Illinois: Has disorganization registered to do business in the State of Illinois as a foreign entity?
[] Yes ! ' ' " [] No [ ]N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors ofthe 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), .
Ifthe entity is a. general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name arid 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 .y Title
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% ofthe Disclosing Party. Examples of such an interest include shares in a coi poration, partnership interest in a partnership or joini 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, slate "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require ariy such additional information from any applicant which is reasonably intended to achieve full disclosure,
Name - Business Address'' Percentage Interest in the
^> Disolosing Party- ¦¦¦•¦<•:
^ft^^ KljET^V^ffl- -Uifr-greb STV / o.G>70
SECTION III — BUSINESS RELATIQNSHIPS.WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-15.6 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is sighed?
[]Yes
If yes, please identify below the name(s)=of-such City elected official(s),and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AN
.Th'e.D.isclosing Party must:disclose the name and business address of each subcontractor, altofrieyi lobbyist, accotmtant, consultant and any other person or entity whoni the''DiscibsihVP'arty'-h'as retained oiv expects to. retain in conncction.wlth the.Matter, ,as. well as.thc nature of the relationship, arid the' total amount ofthe fees paid or estimated to be paid. The Disclosing Party is hbtie'quiredto disclose employees who arc paid solely through the Disclosing Party'si regular'payroll.
JVLobbyist" means any-pcrson or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a nbt-fbr-profit'entity, bivah 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.
Ifthe Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must cither ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
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'1 or "t.b.d." is
not an acceptable response.
(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% br more of the Disclosing Party been declared in arrearage on any child support obligations by aiiy Illinois court of competent jurisdiction?
[ jYes
[ ] No person directly or indirectly owns 10% or more of the
Disclosing Parry.
If "Yes," has the person entered iuto a court-approved agreement for payment of all support owed and is the person in compliance with that agreement? .•
[ 3 Yes
B. FURTHER CERTIFICATIONS
L 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 uor 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 ofthe 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
2 The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.1. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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, stafe 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 ofthe offenses set forth in claiise B.'2.b. of this'Sectioh V:
have not, within a five-year period preceding the date of this EDS," had one or more public transactions-(federaI, state or Iocal),terniinatpd for cause.or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged' guilty;.orfpund liablejn a civil proceeding, .or,-in any criminal or civil action, including actions concernihg
3. The certifications in subparts 3, 4 and 5 concern;
• • theiDisclosingParty;,....... v ...... . r
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 nhder 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, oris, 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 equipnient;'common use of employees; or .organization of a business entity, following the ineligibility of a business entity to dp 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 (I) bid-rigging hi violation of 720 ILCS 5/33E-r3;,(2).bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or ofthe 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 ofthe 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:
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 ofthe Disclosing Parry's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at anytime during the 12-morith 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").
9: To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete' list'bf all'gifts "that the DiscIosing[Partyhas given or causeditO;jbe! given,'atany 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 UvCity 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 $20 per recipient,(if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION :
The DisclosingParly certifies that ihe DisclosingParly (check one).,, /... v
[ ] is ; '-p$SX\Ql • 'rr ... .,
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 iiot 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 ofthe Municipal Code. We understand that becoming a predatory -lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with the City." -
Ifthe 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 ofthe Municipal Code have the same meanings when used in this Part D.
in accordance with'Scction 2-156-1 TO ofthe Municipal Code: Does any official prcmploycc of the City have a financial'interest:in his or her own name or in the name of any other person or entity in the Matter? . a
[]Yes h&lo
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed lo 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 anyrother.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 (collectively, "City Property Sale1'). 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
3. If you checked "Yes" to Item D.l., provide the names and business addresses ofthe 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 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 Disclosihg Party has found ho such.records.,
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclbsihg^Party has foundsrecords;of investments or profits;from .slavery or slaveholder insurance policies. The Disclosing Party-.verifie's that the following constitutes, full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION,VI -- CEimFICATIONS FOR FEDERALLY FUNDED MATTERS
-:' -: ¦¦ ''• .-v':-1 ¦ .;.' ¦. .. . . . v. " " '" '"
NOTE: If thejMattei- is federally funded, complete this Section VI. If the Matter is nof federally
funded, proceed to Scction,yii. For purposes of this'Sc'ctibriVI, tax credits allocatediby tlie>City ¦
and proceeds of debt obligations of the City arc. not federal funding. "•;'«* . *
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of ail 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):
(If no explanation appears or begins on the lines above, or if the letters "NA" or ifthe word "None" appearrit 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 Parry 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. 1. 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": c . , :
Ifthe 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 arid the Disclosing Party must maintain all such subcontractors' certifications for the. duration of the Matter ahd must make such certifications promptly available tothe 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.
Is the Disclosing Parly the Applicant?
: [] Yes • J^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? (Sec 41 CFR Part 60-2.)
[] Yes [JNo
Have yoii 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?
[jYes []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 betweeh'the Applicant and the City in connection with the Matter, whether
procurement, City assistance, or other City action, and arc material inducements to the City's execution
of any contract or taking other action with respect to the Matter. The Disclosing.Party understands that
if inu'sf'comply with-all s is.-bascd. . .•, >
The City's Governmental Ethics and Campaign-FinancingOrdinanccsy Chapters 2?IS^and.2-^4.of this' Municipal'Code, impose certain duties and obligations on persons or entitics seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.citvofchicaeo.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'. • :: •¦>• .; -. Vi
Ifthe City determines that any information provided in'this EDS is false, incomplete or^n^ccurajte,,
any contraot 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 n^ ¦
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. Remediesjat
law for a false statement of material fact may include incarceration and ah award to the City of treble
damages. .,: u
D; It is the City's policy to make-this documcnt.availab.1e to-thc public on.its.Iutcr.net site.and/or upon request. Some or all ofthe information provided on this EDSand any attachments to tins 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'br claims which it may have against the City in connection with the public-releasevof 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 lime 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 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:
Page 11 of 13
F. 1. The Disclosing Party 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 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 will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that docs riot provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing-Party cannot certify as to, any ofthe items in F.l., 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) oh 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.
(Print or type name of Disclosing Party)
by/ —
(Sign'here)
(Print or type name of person signing)
Mgnft^gr- &md Sol*. M€(Print or type title of person signing)
(state).
Notary. FjuMjc^
Page
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 iri the Applicant exceeding 7.5 percent. It is not to be completed by any. legal entity which Has only ah iri'direcf'bwhershlp interest in the Applicant.
Under Municipal Code Section 2-154r015,.thaDisclosing Party must disclose whether such Disclosing Par ty or any "Applicable Parly" pranySpouse or Domestic Partner thereofcurrently has'a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of"the datethis EDS is : signed,; the Disclosing Party or any V Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treastirer or any city depa'rtfrient head-as spouse or domestic, partner or as auy of the following, whether by blood or adoption: parent; childl-brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-m-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 Sectipn.U.B.La., if the Disclosing -Party is a corporation; all partners of the Disclosing, Party, if the D isclosing Party is a general partnership; - all-general partners and linu^ed.partners of the.DisclQsing Party, if the Disclosing Party'is a lunitcd partnership; all managers, managing members and members ofthe Disclosing Party, if the'Disclosing Party is a limited liability company; (2) all principal officers of the Dis'closirig:Parfy;: aridr(3) any person haviiig'more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" mea^ ; operating officer, executive director, chief financial officer, treasureror. secretary^ exercising similar authority!
Does the Disclosing Party or any "Applicable Part/' or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes
If yes, please identify below (1) the name and title of such person, (2)'the name of the legal entity to 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.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
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 FX] No
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?
. [ ]Yes [ ]No [X] Not Applicable
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.
Not applicable.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDLX 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.
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