|
This record contains private information, which has been redacted from public viewing.
|
|
Type:
|
Ordinance
|
Status:
|
Passed
|
|
Title:
|
Zoning Reclassification Map Nos. 1-F and 3-F at 460-476 W Chicago Ave, 801-811 N Cambridge Ave and 800-810 N Cleveland Ave - App No. 18224
|
|
Topic:
|
ZONING RECLASSIFICATIONS - Map No. 1-F, - ZONING RECLASSIFICATIONS - Map No. 3-F
|
FINAL FOR PUBLICATION ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, be amended by changing all the Residential-Business Planned Development Number 447 District symbols and indications as shown on Map Numbers 1 -F and 3-F in the area bounded by: a line 17 feet south of the centerline of West Hobbie Street extended west where no street exists; North Kingsbury Street; West Hobbie Street; North Crosby Street; North Larrabee Street; a line 458 feet north of and parallel to West Chicago Avenue; the alley next cast of North Larrabee Street; the alley next north of West Chicago Avenue and the alley extended east where no alley exists: North Hudson Avenue; West Chicago Avenue; North Hudson Avenue; West Huron Street; North Kingsbury Street; West Superior Street; North Larrabee Street; West Erie Street; the east bank of the north branch of the Chicago River; West Chicago Avenue; a line 321.03 feet west ofthe west bank ofthe Chicago River as measured on the north line of West Chicago Avenue; a line 380.01 feet north of and parallel to the north line of West Chicago Avenue; and the east bank of the north branch ofthe Chicago River, to those of Residential-Business Planned Development Number 447, as amended, which is hereby established in the area described above, subject to such use and bulk regulations as are set forth in the Plan of Development herewith attached and made a part hereof and to no others. SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication. FINAL FOR PUBLICATION Residential-Business Planned, Development No. 447, As Amended. Plan Of Development Statements. The net site area delineated herein as Residential-Business Planned Development Number 447, as amended, consists of approximately one million two hundred fifty thousand one hundred eighty-six (1,250,186) square feet, or twenty-eight and seventy-one hundredths (28.71) acres (exclusive of public rights-of-way) of property which is depicted on the attached Boundary and Subarea Map (the "Property"). The applicant for this Planned Development Amendment is Davis Lakefront LLC, with authorization from the owner of the property located at 460-476 West Chicago Avenue, 801-811 North Cambridge Avenue and 800-810 North Cleveland Avenue ("Subarea A-1A"). The person or entity as may then own or control the area delineated herein shall obtain all required views, approvals, licenses and permits which are necessary to implement this plan development. Any dedication or vacation of streets, alleys or easements or any adjustment of rights-of-way or consideration or resubdivision of parcels shall require a separate submittal on behalf of the Property owner or its successors, assignees or grantees and approval by the City Council. Any dedication or vacation of streets and alleys, or easements, or adjustments of rights-of-way require the approval of the Commissioner of Planning and Development, who shall then adjust the net site area calculations with the table of controls accordingly. The requirements, obligations and conditions contained within this planned development shall be binding upon the applicant, its successors and assigns (including any condominium or homeowners association which is formed) and, if different than the applicant, the legal titleholders and any ground lessors. All rights granted hereunder to the applicant shall inure to the benefit of the applicant's successors and assigns (including any condominium or homeowners association which is formed) and, if different than the applicant, the legal titleholder and ground lessors. Furthermore, pursuant to the requirements of Section 17-8-0400 of the Chicago Zoning Ordinance, the Property, at the time applications for amendments, modifications or changes (administrative, legislative or otherwise) to this planned development are made, shall be under single ownership or under single designated control. Single designated control for purposes of this paragraph shall mean that any application to the City for any amendment to this planned development or any other modification or change thereto (administrative, legislative or otherwise) shall be made or authorized by the applicant, its successors and assigns unless control of a specific parcel is transferred in writing to another entity. This planned development amendment consists of seventeen (17) statements; a Bulk Regulations and Data Table with Parking Loading Requirements; a Boundary and Subarea Map, an Existing Zoning Map, a Proposed Right-of-Way Vacation Map, a Proposed Right-of-Way Dedication Map, an Existing Land-Use Map, a Generalized Land-Use Map, and an Open Space Plan, all prepared by Lohan Associates (the "Lohan Exhibits"); a Right-of-Way and Street Width Table, and Street Landscape Cross Sections Numbers 1 through 9, all prepared by Wolff Clements Associates Ltd. (the "Wolff Clements Exhibits"); Building Elevations and Riverwalk Level and Street Level Riverwalk Access Plan and Riverwalk Level Plans, and Roof Level Plan of the Catalog FINAL FOR PUBLICATION Building (Subarea E-l) prepared by Pappageorge Haymes (the "Pappageorge Maymes Exhibits"); Building Elevations, Street Level Plan and Riverwalk Access Plan and Riverwalk Level Plan, and Roof Plan (Subarea E-2) prepared by Gensler (the "Gensler Exhibits"); and Riverwalk Plans and Details of the Merchandise Building (Subarea D) „ prepared by Fitzgerald Associates Architects, all dated February 22, 2001 (the "Fitzgerald Exhibits"). The Lohan Exhibits, the Wolff Clements Exhibits, the Pappageorge Haymes Exhibits, the Gensler Exhibits and the Fitzgerald Exhibits are incorporated herein by reference and referred to collectively as the "Original Exhibits". Also incorporated herein by reference are all site plan review and minor change approvals granted prior to the date of this amendment, and the exhibits attached thereto (collectively, the "Administrative Approvals"), the revised site plan, open space plan, landscape plans and elevations for Subarea B-2 prepared by The Architects Partnership and dated March 21, 2013 (the "Architects Partnership Exhibits") and the Existing Zoning Map, Existing Planned Development Boundary, Planned Development Sub-Area Boundary and Existing Land Usage Map, Planned Development Sub-Area Boundary and Property Line Map, Site/Landscape Plan, Amenity Level/6th Floor, Roof Plan, and Elevations prepared by VOA Associates Inc. and date July 16, 2015_(the "PD Amendment Exhibits"). To the extent there is a conflict between the Original Exhibits and the Administrative Approvals, the Administrative Approvals shall control. Similarly, to the extent there is a conflict between either the Original Exhibits or the Administrative Approvals and the Architects Partnership Exhibits or PD Amendment Exhibits, the Architects Partnership Exhibits and PD Amendment Exhibits shall control. Full size copies ofthe Original Exhibits and the Administrative Relief Exhibits are on file with the Department. These and no other zoning controls shall apply to the Property. This Planned Development conforms to the intent and purpose of the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago and all requirements thereof, and satisfies the established criteria for approval as a planned development. 4. The following uses shall be permitted in this planned development subject to the restrictions contained in statement 9 and the Bulk Regulations and Data Table: Subarea A-1A and A-1B: Multi-family residential; housing for the elderly; retail uses including restaurant uses (with or without the sale of liquor) and taverns; urban farm (outdoor and indoor) and its accessory uses, including greenhouses and hoop houses; offices (both business and professional); hotel; community centers; medical uses; health club; day care; storage; district cooling facilities; wireless communications facilities; including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea A-2: Residential (including townhomes and multi-family residential); housing for the elderly; retail uses including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns; office (both business and professional); medical uses; health club; day care; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including |1010| FINAL FOR PUBLICATION parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea A-3: Residential, including townhomes, condominiums and single-family dwellings; retail uses including restaurant uses (with or without the sale of liquor) and taverns; accessory parking; and accessory uses. Subarea B-l: Multi-family residential; housing for the elderly; hotel; theaters; retail uses including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns; office (both business and professional); medical uses: health club; day care; parks and recreation uses; district cooling facilities; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea B-2: Multi-family residential; housing for the elderly; hotel; theaters; retail uses including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns; offices (both business and professional); medical uses; health club; day care: wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; financial institutions; drive through facilities, for the sole purpose of serving a financial institution: accessory and non-accessory parking; and accessory uses. Subarea C-l: Residential (including townhomes and multi-family residential); housing for the elderly; retail uses including restaurant uses (with or without the sale of liquor); offices (both business and professional); health club; day care; wireless and communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea C-2: Park and recreational uses; accessory uses. Subarea D: Multi-family residential; day care centers; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea E-l: Multi-family residential; retail uses including restaurant uses with or without the sale of liquor, live entertainment and dancing and taverns (including unenclosed or partially enclosed restaurants and taverns; offices (both business and professional); hotel; health club; day care centers; amusement establishments; art galleries; arcades; marinas; telecommunications; high technology and new media, uses; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. |1010| FINAL FOR PUBLICATION Subarea E-2: All uses permitted within a C3-5 Commercial-Manufacturing District (excluding animal hospitals; animal pounds; battery and tire service stations; Class I and II tire facilities; building materials sales; fuel and .ice sales; house trailer sales; linen, towel, diaper and other similar supply services; machinery sales, monument sales, motor vehicle sales and rental; motorcycle sales; packing and crating; slaughtering and retail sale of live poultry; trailer sales and rental; community homes; automobile service stations; exterminating shops; feed stores; plumbing showrooms and shops; taxidermists; typewriter and adding machine sales and services; casket and casket supplies; undertaking establishments and funeral parlors); telecommunications, high technology and new media uses; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. In addition, the following uses shall be excluded from the retail area adjacent to the public riverwalk at the basement level and the retail area at street level; astrology, card reading, palm reading or fortune telling in any form; auto accessory stores; currency exchanges; employment agencies; inter-track wagering facilities; laundry/launderettes; loan offices; non-accessory office (business and professional), except for commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for purchase and removal from the premises by the purchaser; pawn shops; pay day loan stores; second hand stores and rummage shops; and tattoo parlors. Subarea F: Intentionally deleted from the planned development. Subarea G: Residential (including townhomes and multi-family residential); housing for the elderly; hotel uses; retail uses including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns; park and recreational uses; offices (both business and professional); medical uses; health club; day care; wireless communication facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses, Subarea H: Residential (including townhomes and multi-family residential); housing for the elderly; hotel uses; retail uses including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns, marinas, boat house, and boat storage; park and recreational uses; offices (both business and professional); medical uses; health club; day care; wireless communications facilities, including broadcast and telecommunications structures, equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Subarea I: Residential (including townhomes and multi-family residential); housing for the elderly; hotel uses; retail use including restaurant uses (with or without the sale of liquor, live entertainment and dancing) and taverns; park and recreational uses; offices (both business and professional); medical uses; health club; day care; wireless ' communications facilities, including broadcast and telecommunications structures. |1010| FINAL FOR PUBLICATION equipment and installations including parabolic transmitting and receiving antennae; accessory and non-accessory parking; and accessory uses. Additional Permitted Use Regulations: a. ' Residential dwelling units, except for residential lobbies, shall not be permitted below the second floor in Subareas A-l, B-l, B-2 (northern one hundred twenty (120) feetand E-2 (southern one hundred twenty (120) feet). Residential uses shall be permitted below the second floor in Subareas A-2, C-l, D, E-1,G, Hand I. Existing interim surface parking lots may remain until such time as such property is developed. Any proposed new interim surface parking lots are subject to approval of the Commissioner of Planning and Development. Hotel may be located within one hundred twenty-five (125) feet of a residential district. In addition to the maximum heights of the buildings and any appurtenances attached thereto prescribed in this planned development, the height of any improvements shall also be subject to height limitations as certified and approved by the Federal Aviation Administration, and airport regulations as established by the Department of Planning and Development, the Department of Aviation and Department of Law and approved by the City Council. For purposes of maximum floor area ratio ("FAR") calculations, the definition contained in the Chicago Zoning Ordinance shall apply; provided, however, that (i) floor area in an office building dedicated to mechanical equipment which exceeds five thousand (5,000) square feet in any single location shall not be included, and (ii) floor area devoted to accessory off-street parking related to any use within this planned development shall not be included. Transfer of floor area and dwelling units from one subarea to another may be permitted by the Commissioner of Planning and Development if it meets the criteria for minor changes set forth in statement 8 hereof. 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 ("MOPD") to ensure compliance with all applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility. No approvals shall be granted until the Director of MOPD has approved detailed construction drawings for each proposed building or improvement. The terms, conditions and exhibits of this planned development may be modified administratively by the Commissioner of Planning and Development upon the request of the owner and after a determination by the Commissioner that such a modification is minor, appropriate and consistent with the nature of the improvements contemplated by |1010| FINAL FOR PUBLICATION this planned development. Any such modification shall be deemed a minor change in the planned development as contemplated by Section 17-13-0611 ofthe Chicago Zoning Ordinance. 9. Parking and loading improvement on the property shall be designed, constructed and maintained subject to the following development parameters: Off-StrceJ. Parking: Off-street parking shall be provided in accordance with the Bulk Regulations and Data Table attached to this planned development. New off-street parking areas must be carefully located and designed to be functional, compatible with immediately surrounding uses, and architecturally compatible with the surrounding neighborhood. To the extent required by the Illinois Accessibility Code, a minimum of two percent (2%) of all public parking spaces provided pursuant to this planned development shall be designated and designed for parking for the handicapped. Any parking for residential uses within existing structures in Subareas D, E-l and E-2 shall be exempted from this requirement. Shared Parking: The parking facilities may be used, on a shared basis, to satisfy the accessory parking requirements for uses within this planned development. Accessory parking lots and structures may serve to provide the required parking for multiple uses, irrespective of location, within this planned development, subject to the approval ofthe Department of Planning and Development. Size: All required parking spaces shall meet the minimum size requirements as established by the Zoning Ordinance, except in existing buildings within Subareas D, E-l and E-2 where because of column locations the size of the spaces may be reduced to compact car size. Within the existing building in Subarea E-l, tandem stalls, where one' (1) car parks in front of another shall be permitted for spaces assigned to a single household or user. Lots: Interim surface parking lot shall be landscaped and fenced in accordance with the Chicago Landscape Ordinance by the third (3rd) anniversary of the effective date of this planned development. g. ' Off-Site Parking: Permitted uses may be served by parking facilities located on any land within this planned development, including land other than the zoning lot on which the building or use to be served is located. Off-site parking on land outside this planned development will only be permitted as a special use. h. Off-Strcet Loading: Loading docks and related facilities shall be provided in accordance with the Bulk Regulations and Data Table attached to this planned development. |1010| FINAL FOR PUBLICATION Vehicular and pedestrian circulation improvements shall be designed, constructed and maintained subject to the following development parameters: Public Roadways and Sidewalks: See statement 13, Public Improvements. Curb Cuts: Private roadways, driveways, entrances to off-street parking and loading docks, openings for vehicular drop-offs and all other facilities requiring curb cuts shalLbe located to minimize conflicts with on-street traffic and with pedestrian circulations. All curb cuts shall be constructed in accordance with the standards of the City of Chicago. No curb cuts will be permitted on Chicago Avenue. Private Roadways: Property owners are encouraged to minimize the use of private roadways and to construct and dedicate public roadways for the purpose of providing ingress, including emergency vehicle and service access, to residential units. Private roadway shall mean any drive or way designed and intended for use as vehicular access to or within any subarea. Private roadways may be constructed in any of the subareas for the purpose of providing ingress and egress, including emergency vehicle and service access, to residential units. Each private roadway must be shown on an approved Site Plan, and each segment of private roadway shall be adequately designed and paved in compliance with the Municipal Code of Chicago. Fire Lanes, if required, shall be adequately designed and paved in compliance with the Municipal Code of Chicago to provide ingress and egress for emergency vehicles; there shall be no parking within such fire lane. All private roadways shall be designed and configured to provide pathways to public street. Design Guidelines: The improvements on the Property shall be designed, constructed and maintained in general conformance with the plans and exhibits attached hereto. In addition, the following guidelines shall apply: A. Open Space: (i) Publicly Accessible Open Space: The property owner(s) shall provide open space that is accessible to the public during normal Chicago Park District hours and that is substantially similar to that which is shown on the Open Space Plan attached hereto. |1010| FINAL FOR PUBLICATION Open space shall be provided al a ratio of eighty-seven (87) square feet of open space per dwelling unit, provided, however that an overall minimum of one hundred forty-one thousand (141,000) square feet of open space (sixty-six thousand (66,000) square feet riverwalk, thirty-five thousand (35,000) square feet Subarea H and forty thousand (40,000) square feet Subarea C-2) as indicated on the Open Space Plan shall be provided. The amount of open space required for Subareas B-l and B-2, as determined by- the «ighty-seven (87) square feet per unit ratio, shall be located on either or both subareas. The open shall be a minimum size of four thousand (4,000) contiguous square feet and shall have a minimum width of twenty-five (25) feet. Private and common open space shall be provided for the residential units in the form of private yards and landscaped common areas at grade, terraces, rooftop gardens, balconies with integral planter's boxes, landscaped setbacks or other spaces as appropriate. All townhouses shall comply with the Open Space requirements ofthe Townhouse Ordinance. The Property owners shall comply with the applicable provisions of the City's Open Space Impact Fee Ordinance. The open space areas developed in accordance with the Open Space Plan and that meet the criteria described in these statements shall entitle the Property owner to a credit of Three and 60/100 Dollars ($3:60), or the current rate, per square foot of open space against the impact fees due. Additional open space areas that meet the standards for on-site open space shall be established by the current Open Space Impact Fee. Administrative Regulations and Procedures may also entitle the owner to a credit. The public open spaces identified on the Open Space Plan (see 11. A(v) for the riverwalk within existing buildings in Subareas D, E-l and E-2), shall include the following improvements as appropriate: internal pathways, planting beds, trees, benches, drinking fountains, bike racks, light fixtures, bollards, play equipment for tots and other children, fountains or other water features, or public art. At least one (1) of the public open spaces shall contain play equipment. Public streets: walkways or the riverwalk shall abut at least one (1) side of every public park. All open spaces identified on the Open Space Plan shall contain plaques at entrances to such open spaces stating that the park or open space is open to the public during normal Chicago Park District hours. In order to achieve the City's goal of increasing the continuity and accessibility of the riverwalk, space adjacent to and at the level of the river and within the existing buildings in Subareas D, E-l and E-2 and areas leading to such spaces, shall be developed and maintained as publicly accessible riverwalk, as follows: FINAL FOR PUBLICATION Subarea D: The area within the first structural bay adjacent to the Chicago River at the basement level for the entire length of the existing building shall be dedicated to public riverwalk use. This area shall be adequately lit and finished per the exhibits attached. The Riverwalk shall connect to an existing tunnel under the Chicago Avenue bridge at the north end. where one (1) stair and one (1) elevator shall also provide access to Chicago Avenue. At the south end, the riverwalk shall open directly to the open-air walk in Subarea C-l. Subarea E-2: The area adjacent to the Chicago River for the entire length of the building (see Basement Floor Plan and Riverwalk Level for details) shall be dedicated to public riverwalk uses. Two (2) story space shall be provided in the area between column lines 2 and 22, 29 and 35, and 38 to 41. The riverwalk shall be open-air riverwalk on its west facade. At a minimum, exposed concrete walls, columns and beams shall be sandblasted. Floors shall be stained concrete. Two (2) connections to the main building entrances on Larrabee Street shall occur from the riverwalk. An elevator and grand staircase shall provide access to the riverwalk from the street level of the building. Public toilets and drinking fountains shall be provided. Retail, restaurant, health club and other uses shall line the riverwalk and connections as per statement 4. The riverwalk shall connect to Chicago Avenue via a staircase at the south end, and to an existing tunnel under the Chicago Avenue bridge. The north end of the riverwalk shall connect to the riverwalk in Subarea E-1. Subarea E-l: The area adjacent to the Chicago River (see Ground Level Site Plan for details) for the entire length of the building shall be dedicated to public riverwalk uses. Two (2) story space shall be provided in the area between column lines 41 and 44, and 47 and 57. The riverwalk shall be an open-air riverwalk on its west facade. Finishes shall match the riverwalk in Subarea E72. A grand staircase and elevator shall provide a connection to the first (1st) floor entrance on Kingsbury Street. The riverwaik shall open directly to the open-air riverwalk north ofthe existing building. All open areas of this planned development which are not otherwise devoted to permitted buildings, parking areas or pedestrian/vehicular circulation areas shall be maintained with the following: landscaping, which shall consist of grass, ground cover, shrubs, trees or other living plant materials; approximately designed public plazas; riverwalk; or with a harbor or docks. In addition to the requirements of this planned development, any development within this planned development shall incorporate 10 FINAL FOR PUBLICATION landscaping lo the extent feasible lo enhance the appearance of the development from the public street, lo screen unsightly uses from the street and to provide compatible buffers between adjacent uses. All private properly landscaping shall be properly and adequately maintained at all times. Parkway trees shall be provided and maintained in accord with the applicable provisions of the Chicago Zoning Ordinance and corresponding regulations and guidelines. The public open space to be provided within Subarea H shall be a minimum of thirty-five thousand (35,000) square feet and shall be open to existing or proposed public rights-of-way or to the riverwalk. The final design and configuration of this open space shall be subject to the review and approval ofthe Department of Planning and Development. A pedestrian way/view corridor shall connect the open space area in Subarea H with Hobbie Street to the north and Kingsbury Street to the south. The pedestrian way shall be a minimum of twenty-five (25) feet wide and will align with Kingsbury Street. The pedestrian way shall be improved with decorative sidewalks, landscaping, lighting, and other amenities as appropriate and shall be open to the public during normal Chicago Park District hours. Ifthe pedestrian way contains a service drive, it shall be decoratively paved. B. Streetscape: • A minimum of fifty percent (50%) of the linear frontage on Chicago Avenue of new structures shall be provided with retail or commercial uses or lobbies at the first (Is) floor level to provide for a lively pedestrian experience. New or existing developments facing other streets are encouraged to have retail, commercial, and office uses as well as residential uses, where permitted, at the first (1 -) floor. It is acknowledged, however, that parking is a permitted use at the first (1') floor level. In general, new structures, except for the new structures to be built within Subarea C-l, shall have setbacks which match the predominant setback of adjacent structures on the street. Increased setbacks may be allowed or required for residential structures to provide adequate common landscaped areas or private yards, or in other circumstances where a larger setback area would permit additional landscaping, outdoor sidewalk cafe seating, or other amenities. Notwithstanding the above, setbacks shall not be required on Chicago Avenue. The owner shall install new street trees, sidewalks, decorative lighting, parkway planting, benches, garbage containers, sculpture, or other elements as appropriate concurrent with the development of each site within any subarea and in general accordance with the Right-of-Way and Street Width Table. 11 FINAL FOR PUBLICATION C. Urban Design: (i) Building Entrances: For each building adjacent to a public right-of-way, a primary building entrance must be oriented to, accessible from and visible from the public right-of-way. (ii) • Garage Door: No single-family home or townhome shall have a garage door facing the public street. Building Materials: The primary material for the facades of structures located within this planned development which are generally visible from the public right-of-way but are not otherwise devoted to windows or other openings shall be masonry (i.e., brickwork, stonework, terra cotta, et al.), metal (i.e., copper, tin, stainless steel, iron, et al.) or materials (such as concrete) which are articulated and colored to give the appearance of, and which are compatible with, masonry. For business or commercial uses, aluminum and glass curtain wall system shall be permitted. Windows or courses of windows are to be provided on all sides of each building above its base. The colors and textures of materials used within any subarea are to be complementary and compatible. Mechanical equipment on rooftops shall be screened with quality materials and made a feature of the building design, where appropriate. Parking Structures: Any new parking structures shall be constructed in accordance with the Parking Garage Ordinance and the Landscape Ordinance. In addition, any new structure adjacent to the Chicago River or to the Catalogue Building must be fronted with active-use spaces or predominantly enclosed with glazing with the minimal use of louvers, as necessary for ventilation. Any new parking structures adjacent to Chicago Avenue shall be fronted with active-use spaces or predominantly enclosed with glazing or other high-quality screening materials on the facade facing Chicago Avenue and wrapping the corner for the first twenty (20) feet. Garage facades which are enclosed with glazing shall be exempt from any requirements for landscaping in planters or baskets attached to the facade. Streetfront Fences: Fencing on private property adjacent to a public right-of-way shall be substantially open and shall not take the form of a wall which prevents views from the public right-of-way into the private property lying between the fence and the facade of the structure. Fencing adjacent to the public right-of-way shall not be of chain link or wood construction. Closed fences may be allowed if adjacent to noxious, unsightly uses (such as generators or loading docks), subject to the approval of the Department of Planning and Development. Lighting: Lighting along private pedestrian ways shall be compatible with the lighting in the public right-of-way. Lighting in the public rights-of-way shall be subject to the future approval ofthe Department Planning and 12 FINAL FOR PUBLICATION Development. The level or intensity of lighting shall be sufficient to permit reasonable safety in walking. Signage: Except as delineated below, permitted signage within the planned development area shall include signs for buildings identified and information, business identification and information, and parking identification and information; however, all signage shall be subject to the approval of the Department of Planning and Development. The Department of Planning and Development shall review the design, materials, size, illumination level, and location of proposed signs to ensure their compatibility with the building design and with the neighborhood character prior to the issuance of Part II Approval for said signs. The Department of Planning and Development encourages signs with individually lit or backlit letters, logos or other three-dimensional effects and strongly discourages box signs and painted or applied murals. Electronic message boards are prohibited. It is preferred that tenant identification signs on the facade of new buildings should be located in a sign bank area within the first (1st) floor level near the tenant's space and/or entrance; however, the location of such signage shall be determined during the site plan approval process and alternate sign locations may be agreed upon during that process. No posters or other two-dimensional images should be affixed directly to the glass. Any permitted posters (i.e., not affixed directly to the glass) should occupy no more than twenty percent (20%) ofthe window area. Temporary signage for site identification and information purposes or for marketing (sales, rental, leasing) and directional purposes is permitted in all subareas, subject to the approval of the Department of Planning and Development. Any proposed moving signs, rooftop signs or projecting signs will be reviewed on a case-by-case basis. Signage for the west side of the existing building within Subarea E-2 shall be allowed to contain individual illuminated letters similar in size and details to the historic Montgomery Ward's sign, subject to review by the Commission on Chicago Landmarks. ) Facade Design: The wall of any new structure facing a public street (the "streetwall") shall be given texture and detail through the use of projections, recesses, offsets, variations to the parapet wall, variations in the type or color materials or other devices which contribute to an architectural character. A minimum of fifty percent (50%) ofthe streetwall at the ground level of any new structure containing retail, commercial or office uses at the ground! level shall be finished with clear glass opening onto active internal uses. The remainder of that streetwall shall be architecturally compatible with adjacent structures. 13 FINAL FOR PUBLICATION Satellite dishes or other electronic receiving devices must be placed in an area minimally visible from the adjacent street; provided, however, that these provisions shall not apply to the existing equipment located on the existing building in Subarea B-2. Propane tanks, garbage receptacles, et cetera, must be within the building area and screened from view. Boats and other recreational equipment must also be stored inside and screened from view other than those allowed in the marina area. Riverwalk (at non-existing buildings): To further the goals of the Chicago Zoning Ordinance (Section 17-01-0500) and the "Chicago River Urban Design Guidelines" for the downtown corridor, the owner shall set back all new buildings and parking areas from the existing river edge as depicted on the Riverwalk Plan and Details. The publicly accessible portion of this setback area shall be improved with decorative paving and landscaping, special lighting, railings and seating. Prior to the issuance of any Part of II Approval, more specific plans for the public riverwalk shall be reviewed by the Department of Planning and Development with input from the Mayor's Office for People with Disabilities to ensure compliance with all applicable laws and regulations related to access for physically disable persons. 12. Existing Montgomery Ward Riverfront Structure. Subarea E-2. The existing structure located in Subarea E-2 has been designated a Chicago landmark by the City Council. In order to protect the historic and architectural character of this building, any proposed work on the building is subject to the review of the Commission on Chicago Landmarks, in accordance with the Chicago Landmarks Ordinance. Subareas E-l And D. Along with the building in Subarea E-2, the existing structures in Subareas E-l and D form the Montgomery Ward and Company Complex and are a National Historic Landmark. In order to protect the historic and architectural character of the buildings in Subareas E-l and D, any exterior alterations and changes shall be consistent with the applicable Building Plans, Elevations and Riverwalk Sections, as set forth in statement 3 of this planned development. In particular: (i) Projecting and recessed balconies shall be allowed in the locations shown on the Elevations, although recessed balconies may be substituted for projecting balconies as shown; provided, however, that as long as the total number of balconies and the basic patterns remain the same, the Applicant may change the location of the balconies as necessary by interior requirements and subject to the approval of the Department of Planning and Development. No additional balconies will be allowed. After the existing building's facades have been painted in either Subarea D or E-l, two (2) or more balconies shall be test painted in order for the Department of Planning and Development to review and approve the color selection in place. 14 FOR PUBLICATION Habitable and non-habitable roof-top additions shall be limited to the locations and dimensions shown on the Elevations. No additional rooftop additions will be allowed. Window openings shall not be added, enlarged or closed up except as shown on the Elevations. On the second (2nd) level and above, the size of all window openings and the spandrels below the windows shall be maintained, except that the spandrels may be modified to accommodate two standard-width doors per each projecting balcony for access on the existing building in Subarea E-l and one (1) standard-width door per each projecting balcony for access on the existing building in Subarea D. The tower and statute of the "Spirit of Progress" on the building in Subarea D shall be preserved. The top of the tower and the statue shall have architectural accent lighting. In addition to the design parameter set forth in statement 11 .A, signs and canopies on the buildings in Subareas D and E-l shall be consistent with those approved by the Commission on Chicago Landmarks for the building in Subarea E-2. 13. Publ ic Improvements: Prior to the occupancy of any buildings, except as provided in statement 13(B), improvements necessary to serve or accommodate the building for use shall be in place and available for use. The improvements shall be designed, constructed and installed in accordance with applicable City standards, laws and regulations, subject to the approval of the appropriate City departments and agencies as required, as well as in conformance with applicable state and federal standards, regulations and laws. Improvements necessary to serve uses of buildings on the property are the following: (i) the public roadway improvements depicted on the Proposed Right-of-Way Vacation Map, Right-of-Way Vacation Map, Right-of-Way Dedication Map, Right-of-Way and Street Width Table, and Street Cross Sections (including pavement, required turn lanes, curbs and gutters, and traffic signals); (ii) the utilities necessary to provide potable water, sewer facilities, electric, gas, telephone, cable and other private utility facilities and services to the Property; (iii) the streetscape improvements (including sidewalks, streetlights, street trees, and planters) depicted generally on the Street Cross Sections; and (iv) the publicly accessible parks or open spaces depicted on the Open Space Plan. The following specific improvements shall be completed by the owner within the time periods described below. A "Development Parcel" means that portion ofthe Property located within a single subarea which is the subject of an application for Site Plan approval as described in statement 15 of this planned development: (i) The new construction of, widening, narrowing, or other improvements to, Kingsbury Street, Larrabee Street, Superior Street, Chicago Avenue, Oak 15 FINAL FOR PUBLICATION Street, Hudson Avenue, Huron Street, Cambridge Street, and Hobbie Street, shall be constructed and completed by the owner per Right-of-Way and Street Width Table and Street Cross Sections. The alignment of Cambridge Street with Kingsbury at the Chicago Avenue intersection and provision of a new traffic light shall be completed no later than initial occupancy of the first (lsl) principal structure constructed within Subareas A-l orB-1. The roadway improvements (curb-to-curb) depicted generally on the Street Cross Sections and on the Larrabee/Kingsbury Catalogue Building Streetscape Plan shall, for and to the extent such improvements are contiguous to a Development Parcel, be completed no later than six (6) months following initial occupancy of the first principal structure constructed or renovated upon said Development Parcel. The improvements to the public open space within Subarea H shall be completed and available for public use, and a conservation easement dedicated, no later than six (6) months following initial occupancy of the first (1st) principal structure constructed within Subarea H. The roadway improvements (curb-to-curb) depicted generally on the Street Cross Sections and on the Larrabee/Kingsbury Catalogue Building Streetscape Plan shall, for and to the extent such improvements are contiguous to a Development Parcel, be completed no later than, six (6) months following initial occupancy of the first principal structure constructed or renovated upon said Development Parcel. The improvements to the public open space within Subarea H shall be completed and available for public use, and a conservation easement dedicated, no later than six (6) months following initial occupancy of the first (1st) principal structure constructed within Subarea H. Conveyance of the park within Subarea C-2 to the Chicago Park District, free and clear of all encumbrances inconsistent with public use, shall also occur prior to issuance of a Certificate of Occupancy for any structure in Subarea C-l. An easement to the City for the use of approximately two hundred eighty-six (286) square feet of space at the south end of Subarea C-2 to build an accessible ramp for a water taxi dock at the end of Erie Street shall be conveyed to the City within three (3) months of passage of this planned development amendment. Improvements to the riverwalk depicted on the Open Space Plan, shall be completed as follows: In Subareas C-l and H, the riverwalk shall be completed and available for public use no later than six (6) months following initial occupancy of the first principal structure constructed within such subarea. In Subarea E-l, the external riverwalk north ofthe Catalogue Building shall be completed at the time of occupancy of any 16 FINAL FOR PUBLICATION new structure adjacent and to the east, or at the time of completion of the riverwalk in Subarea H, whichever comes first. The riverwalk internal to the existing building in Subarea D shall be completed and available for public use within six (6) months following initial occupancy of the building. The riverwalk internal to the existing buildings in Subareas E-l and E-2 shall be completed and available for public use within one (1) year following fifty percent (50%) occupancy of the building. It is in the public interest to design, construct and maintain all buildings in a manner which promotes and maximizes the conservation of energy resources. The owner shall use reasonable efforts to design, construct and maintain all buildings located within the Property in an energy efficient manner, generally consistent with the most energy efficiency standards published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers ("ASHRAE") and the Illuminating Engineers Society ("IES"). Copies of these standards may be obtained from the Department of Planning and Development. Prior to issuance by the Department of Planning and Development of a determination pursuant to Section 11.11 -3(b) of the Chicago Zoning Ordinance ("Part II Approval") for development or redevelopment of any property included within this planned development, other than interior-only alterations to existing buildings, a site plan for proposed development, including parking areas (a "Site Plan") shall be submitted by the owner or with the owner's written approval to the Commissioner for approval; provided, however, that individual lot owners for ¦ properties located within Subarea A-3 may submit a Site Plan for approval pursuant to the requirements of this statement. Review and approval of the Site Plan by the Commissioner is intended to assure that specific development proposals substantially conform with this planned development and to assist the City in monitoring ongoing development. A Site Plan may be submitted for all or any part of the Property. Such Site Plan need only include that portion of the Property, including adjacent public right-of-ways, for which approval is being sought by the owner. No Part II Approval for any portion of the Property shall be granted until an applicable Site Plan has been approved. Provided, however, that prior to the Commissioner's approval of a Site Plan for development of Subareas Cl, C2 and H or for the development of the riverwalk through the improvements in Subareas E-l and E-2, the Commissioner"shall seek the review by the Chicago Plan Commission of the Site Plan with respect to Subareas C-l, C-2 and H and the riveiwalk plans with respect to Subareas E-l and E-2. If a Site Plan substantially conforms to the provisions of this planned development, the Commissioner shall approve said Site Plan in writing within thirty (30) days of submission of a complete application for approval thereof. If the Commissioner fails to make a written determination on a Site Plan within thirty (30) days after the submission of a complete application, then the Site shall be deemed approved by the Commissioner. If the Commissioner determines within said thirty (30) day period that the Site Plan does not substantially conform with the provisions of this planned development, the Commissioner shall advise the owner in writing of the specific reasons for such adverse 17 FINAL FOR PUBLICAT determination and specific areas in which the Site Plan and supporting data and material do not substantially conform to the provisions of this planned development not later than fourteen (14) days after the expiration ofthe thirty (30) day period. The Commissioner shall thereafter make a final written determination of any resubmission within fourteen (14) days of its filing. The failure of the Commissioner to make final written determination of any resubmission within fourteen (14) days of its filing shall be deemed an approval ofthe Site Plan by the Commissioner. Provided, however, that this paragraph shall not apply to the Site Plan review described in the previous paragraph for Subareas Cl, C2 and H and the review of the riverwalk plans with respect to Subareas E-l and E-2 until reviewed by the Chicago Plan Commission, which review shall occur at the next scheduled Plan Commission hearing available after submittal of the applicable Site Plan or riverwalk plan to the Commissioner. Following approval of a Site Plan by the Commissioner, the approved Site Plan and supporting data and materials shall be kept on permanent file with the Commissioner and shall be deemed to be an integral part of this planned development. After approval of a Site Plan by the Commissioner, the approved Site Plan may be changed or modified pursuant to the provisions of statement 8 hereof. In the event of any inconsistency between an approved Site Plan and the teens of this planned development in effect at the time of approval of such Site Plan or of the modifications or changes thereto, the terms of this planned development shall govern. A Site Plan shall, at a minimum, provide the following information: the boundaries of the site; the footprint of the proposed improvements; all proposed landscaping, including species and size; all pedestrian circulation routes; elevations of the improvements; location and depiction of all parking spaces (including relevant dimensions); locations and depiction of all loading berths (including relevant dimensions); all drives, roadways and vehicular routes; i. all landscaping and buffer zones (including a description of all landscape materials); j. statistical information application to the Property limited to the following: (i) floor area and floor area ratio; 18 FINAL FOR PUBLICATION floor area devoted to retail uses; number of dwelling units; number of parking spaces; number of loading berths; and uses of parcels. k. parameters of building envelopes including: maximum building height; and setbacks, required and provided. A Site Plan shall include such other information as may be necessary to illustrate substantial conformance to this planned development. In order to develop the proposed improvements in Sub-Area A-1A, the Applicant has contracted to acquire a portion ofthe unused floor area (for FAR purposes) and dwelling units from Sub-Area B-2 (the "Development Rights"). The Applicant shall establish those Development Rights (i) prior to issuance of Part II approval for Sub-Area A-1A and (ii) by delivery to DPD of an executed and recorded Agreement ("Agreement"). Said Agreement shall confirm the amount of Development Rights acquired for the benefit of Sub-Area A-l A. Said Development Rights shall be applicable solely to Sub-Area A-1A in accordance with the amounts shown on the Bulk Regulations and Data Table of this Planned Development. In no event shall such transfer of Development Rights cause the FAR or density limitations shown on the Bulk Regulations and Data Table to be exceeded. Delivery of the Agreement shall authorize DPD to issue Part II approval for Sub-Area A-l A pursuant to the parameters set forth in the Bulk Regulations and Data Table of this Planned Development. Sunset the Property is intended to be developed in phases extending over periods of time. This statement describes the schedule for commencement of development over those phases. Initial Period. Unless substantial construction or renovation has commenced upon a minimum of one million (1,000,000) square feet of floor area within six (6) years of the effective date of this amended planned development, this planned development expires pursuant to the foregoing provision, the zoning of the property shall automatically revert to the C3-5 Commercial-Manufacturing District classification. Such reversion shall not render any building existing at the time to be nonconforming. Subsequent Periods. Unless substantial construction or renovation has commenced and been diligently pursued after the initial period on two million (2,000,000) square feet of floor area (cumulative) within ten (10) years of the 19 FINAL FOR PUBLICATION effective date hereof, and three million (3,000,000) square feel of floor area (cumulative) within twenty (20) years of the effective date hereof (the "Subsequent Periods"), the department may decide to review and recommend modification of the provisions of this planned development in whole or in part; provided, however, that any such modification may not render any building existing al the time to be nonconforming. The department's determination that the planned development ordinance must be reviewed shall be reflected in an application filed by the City for a planned development amendment, with City being deemed the applicant and providing, such notice as may be required by law. If any subarea has been improved per the terms of this planned development and the planned development is amended pursuant lo this statement 17, the amended planned development shall preserve the provisions applicable to the improved subarea. As of April 10, 2013, 3,082,324 square feet of development have been completed within the entire planned development and this section of the planned developmeni is satisfied. Unless substantial construction has commenced for the three thousand (3,000) square foot bank building and ATM facility within six (6) years of the effective date of the April 10, 2013 amended planned development, this planned development expires pursuant to the foregoing provision, the zoning of the Property shall revert to Planned Development Number 447, last amended June 27, 2012. Should this planned development ordinance lapse, the Commissioner of the Department of Planning and Development shall initiate a Zoning Map Amendment 'to rezone the Property. Such reversion shall not render any building existing at the time to be nonconforming. As of July 16, 2015 the three thousand (3,000) square foot bank building and ATM facility have been completed within the entire planned development and this section of the planned development is satisfied. Unless substantial construction has commenced within Subarea A-l A for the mixed-use building within six (6) years of this amended planned development, this planned development expires pursuant to the foregoing provision, the zoning of the Properly shall revert to Planned Development Number 447, last amended April 10, 2013. Should this planned development ordinance lapse, the Commissioner of the Department of Planning and Development shall initiate a Zoning Map Amendment to rezone the Property. Such reversion shall not render any building existing at the time to be nonconforming. 18. Severability. It is hereby declared to be the intention ofthe City Council ofthe City of Chicago that the provisions of this planned development ordinance are severable. If any provision, clause, paragraph, or statement of this planned development shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, that judgment shall not affect, impair, or invalidate the remainder of this planned development. 20 FINAL FOR PUBLICATION Parking and Loading Requirements referred to in these Plan of Development Statements read as follows: Parking And Loading Requirements. Parking. Residential: Multi-family — 1.0 parking space per dwelling unit; Except for Subarea A-l A, which shall have a minimum accessory parking requirement of 0.85 parking spaces per dwelling unit. Townhouse - 1.5 parking spaces per dwelling unit. Single-family — 2.0 parking spaces per dwelling unit. Commercial: Telecommunications, high technology, data centers and new media — 0.25 parking spaces per 1,000 usable square feet. Office — 1.5 parking spaces per 1,000 usable square feet. Retail ~ 0.75 parking spaces per 1,000 usable square feet in excess of 10,000 square feet. An 80% occupancy factor may be applied to the above requirements if they are all present in the same zoning lot and shared parking is allowed. Other uses — per C3 -5 zoning requirements. Loading. Telecommunications, high technology, data centers and new media — 1 loading dock for every 500,000 square feet of usable floor area. Office - 1 loading dock for every 250,000 square feet of usable floor area up to 750,000 square feet after which 1 loading dock for every 500,000 square feet will be required. Multi-family Residential ~ 1 loading dock for every 200,000 square feet of floor area. Retail. 0 to 10,000 square feet of usable area, no loading dock required provided that the retail is accessory to another use within the same zoning lot. 10,000 to 25,000 square feet of usable area, 1 loading dock required. 25,000 to 50,000 square feet of usable area, 2 loading docks required. 21 FINAL FOR PUBLICATION 50,000 to 75,000 square feet of usable area, 3 loading docks required. 75,000 to 125,000 square feet of usable area, 4 loading docks required. 125,000 lo 250,000 square feet of usable area, 5 loading docks required. 1 additional loading dock will be required for every 250,000 square feet thereafter. Loading dock requirement may be reduced through sharing arrangements by 15% for each ofthe above uses included within a zoning lot (e.g., if 10 loading docks would be required by the above calculations for a building that included retail, telecommunications and office, tlie required number of docks would be reduced by 30% to 7 docks; 15% + 15% = 30% multiplied by 10 loading docks = 7 docks required). Townhouses and Single-family Homes — no loading docks required. Other uses — per C3-5 zoning requirements. 22 PJ&JAI CAD D! !D' if *T|«u < g -a |109|* co s C -4-* Oj s ¦» E © > Q a a
OS
o s|1010|bX)
05
a
§ S '3
S ~ g 00 .5 "S cd ^
o
C
W £
S co
Cd
3 P Q
3 w
% <
cd
CD _
< C|109|'S?
•73 CD
w o
cr oo
Cd
<-i .—i < -
£ ~
cd oj -C J3
c c
CD
o c
d
o
o sr
CN
-g
3 O co
C
o o
o
CN
CN CO
cm
cn
CN
sr
O
c
CU
o c
G O O
sr
O CN
O
oo
ro O CN
CN
cd
O
c! cu
s
CL,
"cu >
Cu)
Q
T3 CD C C
t—t
c/3 C
_o
-4—, cd O
-5
Tj
T3 C
CvJ
cn Cl
_o
"cd O
CCJ
ro
3 ^—' o
cd
C O
T3 (D co
CCJ
_o
>^
T3
Cl 'cd
cd CL)
< I|1010|oo
TD C
co
ca
TD
c|1010|o eq
cu
¦4—»
a o
T3
cd
cd cu
<
cu +-*
'oo
CD
cd|1010|^ •
•5
Tj Cd
T3 '>
O
a,
o c
cd C
T3 i-i
o
c
'5
o N
O ¦ bO >> co
c -G
t3 u
si
cd ^
to'm" ^ C
T3
cd T3
cu «
_ >
cd S
cd -g
O lM
q=l ^
r^l CU
T3
fi cd cu -iH
u 2
-C| -cl
T3 CU co 3
tBT >>
CO CD
td
CU «H
1-1 <+_,
< fj
00 <
o
. sr|109|«
cu o
¦ ( -+~-»
to
.rt cd
^ J=i
OJ "»
^3 -S3
-H-1 C_)
Ci_, • < CD
CU „ O
> o -sr
CD
¦»-» co CO •t3 >. C b
^"^
cu ¦*—' ¦—1
«-i cu
CD >
o
cd
CO
. cu
cu c cH cd C
co
„ t»D cd cl
"O "O
cd ^ cu °
CO
>P cd o cu
dp D, Cl o
cd cu 33 O
be +s d -c3
^ "S -2 xi
>< bp
cu .2 ^ fi
cd
^ fi
CU o cd 'C
cr ex
co Cl, O d
§ o
-Cl TD
^ a % ««
CU CO
—i cu
.5 o
.fi £
cd C
C3 o, •ti .2
§ s s I
cu .cu
Cl c
cd co
1) cu
C T3
00 CD
^ -3
cd v J3 g
CO
—, CO
.7= -X
bX) .5
d M |D "S
g .fi £ .sp "o 2 ° a
W CQ ^
,0 CD
3 is
<
CN i
<
FINAL FOR PUBLICATION
XISTING ZONING MAP
^PLICANT CHICAGO CAMBRIDGE. L P mmmmmmmmmmmmmmmmm
VGA
)DRESS 460-476 WEST CHICAGO AVE; 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND rRODUCTION DATE NOVEMBER 5. 201/1
\N COMMISSION JULY 16, 2015
C2015 VGA ASSOCIATES, INC
EXISTING PLANNED DEVELOPMENT BOUNDARY
APPLICANT CHICAGO CAMBRIDGE, L P
ADDRESS 460-476 WEST CHICAGO AVE, 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16. 2015
SITE KEY
— — — PD BOUNDARY gigg} RESIDENTIAL j'-'Vil GOVERNMENT | | VACANT LOT
_,_,_i_<_ SUB-AREA PD BOUNDARY fj^j PARKING STRUCTURE |>£1 URBAN FARM
N
PLANNED DEVELOPMENT SUB-AREA BOUNDARY AND EXISTING LAND USAGE MAP ^6" 25'"so' i00' 200'
APPLICANT CHICAGO CAMBRIDGE. L P
ADDRESS 460-476 WEST CHICAGO AVE, 801 -811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND
INTRODUCTION DATE NOVEMBER 5, 2014 TFHJ
PLAN COMMISSION JULY 16, 2015 nnni rem cuduuai iUN
¦r J 1
PD BOUNDARY
SUB-AREA PD BOUNDARY
-PROPERTY UNE.
PLANNED DEVELOPMENT SUB-AREA BOUNDARY AND PROPERTY LINE MAP
APPLICANT CHICAGO CAMBRIDGE, L P
ADDRESS' 460-476 WEST CHICAGO AVE, 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16, 2015
viw\l run. ruDuunnuw
SITE /LANDSCAPE PLAN
APPLICANT CHICAGO CAMBRIDGE, L P
ADDRESS 460-476 WEST CHICAGO AVE, 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16. 2015
P.ilftL run. ruDLiurniiwn
APPLICANT CHICAGO CAMBRIDGE, L.P.
ADDRESS 460-476 WEST CHICAGO AVE. 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND
INTRODUCTION DATE. NOVEMBER 5, 2014 rggj
PLAN COMMISSION JULY 16, 2015 «j2oi=voa associates, inc
FINAL FOR PUBLICATION
AMENITY LEVEL/6TH FLOOR
APPLICANT CHICAGO CAMBRIDGE. L P
ADDRESS 460-476 WEST CHICAGO AVE, 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND
INTRODUCTION DATE. NOVEMBER 5, 2014
PLAN COMMISSION1 TBD ©2015 voa associates, inc
final for Publication
W. CHICAGO AVE.
GREEN ROOF CALCS
ROOF AREA - GROSS ROOF AREA - NET GREEN ROOF AREA GREEN ROOF/NET AREA RATIO
AMENITY FLOOR 5,870 SQ FT 5.760 SQ FT 2,508 SQ FT 44%
RESIDENTIAL TOWER 7,780 SQFT 7,420 SQ FT 3,613 SQFT 49%
MECH. PENTHOUSE 4.550 SQFT 4,230 SQFT' 2,594 SQ FT 62%
TOTAL 18,200 SQ FT 17,410 SQ FT 8,715 SQFT 50%
1. LESS THAN 1/3 OF TOTAL ROOF AREA (CBC 7[15-8-530(b)])
ROOF PLAN
applicant chicago cambridge, l p
address 460-476 west chicago ave, 801-811 north cambridge, 800-810 north cleveland introduction date. november 5. 2014 plan commission july 16,2015
FINAL FOR PUBLICATION
.MB ^EL
EXTENT OF ELEVATOR OVERRUN • (BELOW PARAPET Or
267-0"
UNDERSIDE OF TOP ^ FLOOR CEILING JOIST EL. 242- 0" (AS MEASURED PER CHICAGO ZONING ORDINANCE SECTION 17-17-0311)
ALUMINUM AND GLASS PROJECTED WINDOW WALL
ALUMINUM AND GLASS WINDOW SYSTEM
OPEN AIR GARAGE WITH ALUMINUM GRILLS OR LOUVERS
MECHANICAL PENTHOUSE)
SOUTH ELEVATION
APPLICANT' CHICAGO CAMBRIDGE, L P
ADDRESS 460-476 WEST CHICAGO AVE, 801 -811 NORTH CAMBRIDGE; 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16, 2015
ritm rAn ns ins i/natsam
OPEN AIR GARAGE WITH ALUMINUM GRILLS OR LOUVERS
EXTENT OF ELEVATOR OVERRUN (BELOW PARAPET OF MECHANICAL PENTHOUSE)^
WEST ELEVATION
APPLICANT CHICAGO CAMBRIDGE, L P
ADDRESS 460-476 WEST CHICAGO AVE, 801 -811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16, 2015
FINAL FOR PUBLICATION
EL 267-0-
MASONRY CLADDING & PREFINISHED METAL SCREEN WAI. AT MECHANICAL PENT! IOUSE
PENTHOUSE
UNDERSIDE OF TOP FLOOR CEILING JOIST
EL 242-0' (AS MEASURED PER CHICAGO ZONING ORDINANCE SECTION 17-17-0311)
ALUMINUM AND GLASS PROJECTED WINDOW WALL
OPEN AIR GARAGE WITH ALUMINUM GRILLS OR LOUVERS
GROUND LEVEL
EXTENT OF ELEVATOR OVERRUN (BELOW PARAPET OF MECHANICAL PENTHOUSE)
NORTH ELEVATION
APPLICANT CHICAGO CAMBRIDGE, LP
ADDRESS. 460-476 WEST CHICAGO AVE, 801-811 NORTH CAMBRIDGE, 800-810 NORTH CLEVELAND INTRODUCTION DATE NOVEMBER 5, 2014 PLAN COMMISSION JULY 16, 2015
MASONRY CLADDING &
PREFINISHEO METAL SCREEN WAL1
AT MECHANICAL PENTHOUSE
EX1ENT OF ELEVA1 OR OVERRUN (BELOW PARAPET OF MECHANICAL PENTHOUSF)
EL. 267- 0-
|10 10|g
B
e
B 0
a
m b
B 0
B EG B B ffi 0 B
B
B B m d
i
B fl B~
...
S fl B B B B B
fflB
B
53 3
PENTHOUSF
LEVEL 23 LEVEL 22 LEVEL 21
LEVEL 20 LEVEL 19
LEVEL 18 LEVEL 17
LEVEL 16 LEVEL 15' LEVEL 14 LEVEL 13 LEVEL 12 LEVEL 11 LEVEL 10 LEVEL 9 LEVEL 8 LEVEL 7
LEVEL 6
UNDERSIDE OF TOP , FLOOR CEILING JOIST
EL 242-0'
(AS MEASURED PER CHICAGO ZONING ORDINANCE SECTION 17-17-0311)
- ALUMINUM AND GLASS PROJECTED WINDOW WALL
- MASONRY CLADDING
- ALUMINUM AND GLASS WINDOW SYSTEM
k UNDERSIDE OF BAY WINDOW ^ EL 83'- 0-
LEVEL 5 LEVEL 4 LEVEL 3 LEVEL 2
GROUND LEVEL
- OPEN AIR GARAGE WITH ALUMINUM GRILLS OR LOUVERS
EAST ELEVATION
APPLICANT. CHICAGO CAMBRIDGE, L P
ADDRESS 460-476 WEST CHICAGO AVE, 801 -811 NORTH CAMBRIDGE. 800-810 NORTH CLEVELAND INTRODUCTION DATE' NOVEMBER 5, 2014 PLAN COMMISSION JULY 16, 2015
Department of Planning and Development
CITY OF CHICAGO
MEMORANDUM
Alderman Daniel S. Solis
Chairman, City Council Committee on Zoning
Andrew Mooney Secretary Chicago Plan Commission
July 17, 2015
RE: Proposed Technical Amendment to Residential-Business Planned Development No. 447 for the property generally located at 460 West Chicago Avenue.
On July 16, 2015, the Chicago Plan Commission recommended approval ofthe proposed amendment submitted by Davis Lakefront, LLC. A copy ofthe 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 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. KOOM 10 00, CHICAGO. ILLINOIS 60G02
Chicago Plan Commission
July 16, 2015
Amendment to Planned Development No 447 460 W Chicago Ave.
460 West Chicago Avenue Planning Commission Hearing Julv 16, 2015
|1010|
FINAL
REPORT to the
CHICAGO PLAN COMMISSION from
THE DEPARTMENT OF PLANING AND DEVELOPMENT •BUREAU OF ZONING AND LAND USE
JULY 16, 2015
FOR APPROVAL: PROPOSED AMENDMENT FOR RESIDENTIAL BUSINESS
PLANNED DEVELOPMENT NO. 447
APPLICANT: DAVIS LAKEFRONT, LLC
LOCATION: 460-476 WEST CHICAGO AVE., 801 -811 NORTH
CAMBRIDGE AVE. AND 800-810 NORTH CLEVELAND AVE.
Pursuant to the provisions of the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, the Department of Planning and Development hereby submits this report and recommendation on a proposed amendment to Planned Development No. 447 for your review and recommendation to the Chicago City Council. The application for the Chicago Zoning Ordinance was introduced into the City Council on Wednesday, November 5, 2014. Proper legal notice of the public hearing on the application was published in the Chicago Sun-Times on July 1, 2015. The Applicant was separately notified of this hearing.
SITE AND AREA DESCRIPTION
The site is currently zoned Residential Business Planned Development (RBPD) No, 447 and was approved by City Council on October 3, 2001 and last amended on April 10, 2013. The site is located in the Near North Side Community Area and in the Chicago Kingsbury Tax Increment Finance District but not in an industrial corridor.
Sub Area A1-A is a rectangular shaped site comprised of 18,300 square feet (0.35 acres). Directly to the north of the site is a large residential area zoned RT-4, Residential Two-Flat, Townhouse and Multi-Unit District with several multi-story residential masonry apartment buildings and a smaller parcel zoned C2-5, Motor Vehicle-Related Commercial District. Directly east of the site is Sub Area A1-B, and currently operated as an urban farm. Directly south is, "The Montgomery", a 200 dwelling unit and multi-story residential building located at 500 West Superior Street and a one-story Chase Bank building. A multi-unit residential building is located directly west of the site at 619 West Chicago Avenue and directly to the north is a large residential area zoned with several multistory residential masonry apartment buildings.
|1010|
FINAL
The site is immediately accessible via public transit from CTA's No. 22 Clark, No. 156 LaSalle and the No. 66 Chicago Avenue bus Lines. The CTA's Chicago Avenue, Franklin Avenue Brown and Purple Line station is located approximately one half mile from the site and serves the immediate area.
PROJECT DESCRIPTION
The applicant requests a rezoning of the subject property from Residential Business Planned Development No. 447 to Residential Business Planned Development No. 447, as amended to allow a 242 foot tall building containing up to 23 stories, a 13.32 FAR, approximately 8,000 square feet of retail on the ground floor, 200 residential dwelling units above the ground floor, and 174 accessory parking spaces and accessory uses.
The planned development must be amended to sub-divide subarea A-1 into two separate parcels; Subarea A1-A and A-1B with separate F.A.R and dwelling unit count. Additionally, the amendment will allow the transfer F.A.R and dwelling units from subarea B-2 and increase the height limitations in subarea A-1 A parcel to 242 feet. A total amount of 115,656 square feet of Floor Area and 75 dwelling units will be transferred from Subarea B-2.
DESIGN
The main pedestrian entrance will front West Chicago Avenue and be comprised of a clear anodized aluminum storefront system. The remaining ground floor will1 also be comprised of a cast stone base and further defined with an aluminum and glass storefront. Floors two through five contain all of the parking levels and is comprised of a precast concrete system and accentuated with an open air aluminum architectural grills.
The multi-story building is primarily comprised of masonry with aluminum and glass projected window wall and accentuated with punched architectural windows at every level of the residential tower. The amenity level is located on the 6th floor and provides a set back from the south facade. The remaining portion of the building consists of the residential tower and includes the 200 residential dwelling units.
ACCESS and CIRCULATION
The project site will have vehicular access for retail and the residential multi-story building from a curb cut along North Cambridge Avenue and recessed into the ground floor of the building. The residential vehicular traffic will be accessed from a speed ramp to the second, third and fourth floor parking levels. The four (4) parking spaces dedicated to the retail tenants will be accessed from an overhead door also from a curb cut along North Cambridge Avenue.
|1010|
FINAL
Pedestrian access to the ground floor commercial will be located along the West Chicago Avenue Street frontage while the residential entrance will be located along North Cleveland Avenue.
SUSTAINABILITY / LANDSCAPE
The applicant has agreed to meet the requirements of the City's Landscape Ordinance. To meet the requirements of the City of Chicago's Sustainable Development requirements the applicant has agreed to provide a 50% Green Roof (8,715 Square Feet) over the net roof area and achieve basic L.E.E.D Certification for the proposed multi-story building.
USE/ BULK/DENSITY
The proposed amendment to the planned development will not increase the overall density or F.A.R ofthe overall Planned Development. The construction ofthe multi-story residential tower is permitted by transferring 115,656 square feet and 1.2 Floor Area Ratio (F.A.R.) of Sub Area B.
The Plan Development permits a maximum F.A.R of 8.0 and to date only 5.54 of the maximum allowed F.A.R is built out. This amendment will not increase the overall F.A.R of the overall planned development and the proposed project will be consistent in bulk, scale and density with the surrounding area.
The proposal will splits A-1, into two separate subareas; A-1 A 125 dwelling units and A--1B with 100 dwelling units and transfer 75 dwelling units from subarea B-2. Subarea B-2 will concurrently be revised to a total of 325 dwelling units with the transfer of seventy-five (75) dwelling units to subarea A-1A. No other subareas or properties will be affected by this amendment.
RECOMMENDATION
The Department of Planning and Development has reviewed the materials submitted by the applicant and has concluded that the proposed amendment to Planned Development No. 447 would be appropriate for the site and that the proposed technical amendment meets the review criteria for planned developments set forth in the Zoning Ordinance (Section 17-13-0900).
1. The project complies with the Standards and Guidelines for Planned Developments in the Zoning Ordinance (Section 17-8-0900). This amendment will not increase the overall density or F.A.R of Planned Development No. 447 The proposed planned development as amended would be compatible with the character of the surrounding area in terms of uses, density, and building scale. The proposed amended Planned Development would be consistent in bulk, density, and Floor Area Ratio (F.A.R.) with the surrounding area.
|1010|
FINAL
The height of the building will be compatible with the surrounding area and is designed to be shorter than, "The Montgomery", a three-hundred (300) foot tall building directly south of the proposed site.
Transportation, Traffic Circulation and Parking. The pedestrian access point for the residential building is located on North Cleveland Avenue, the vehicular access occurs on a proposed curb cut on North Cambridge Avenue, and loading will occur internal to the site. The project site plan has received preliminary approval from CDOT and any comments received have been incorporated into the revised application.
Urban and Building Design. The building's modern design emphasizes the contrast among the various types of architectural styles and vocabulary along both West Chicago Avenue and North Cleveland Avenue. The height of the building is consistent with tall buildings along West Chicago Avenue.
Copies of this application have been circulated to other City departments and agencies and all comments received have been addressed in the revised application.
Pedestrian Orientation. The proposed project will allow unimpeded pedestrian flow on both North Cambridge Avenue and West Chicago Avenue. The design of the buildings will allow pedestrian access directly from West Chicago Avenue to the retail stories at the base of the building.
6 The project will provide a 50% Green Roof over the net roof and is required to achieve basic L.E.E.D Certification to satisfy the requirements of the City of Chicago's Development Policy. In addition the applicant has agreed to meet the requirements ofthe City's Landscape Ordinance.
Based on the foregoing, it is the recommendation of the Department of Planning and Development that the revised application by DAVIS LAKEFRONT, LLC for an amendment to Residential Business Planned Development No. 447, as amended be approved and the recommendation to the City Council Committee on Zoning, Landmarks and Building Standards be "As-Revised, Passage Recommended"
Department of Planning and Development Bureau of Planning and Zoning
|1010|
Department of Planning and Development CITY OF CHICAGO
460-476 WEST CHICAGO AVE., 801-811 NORTH CAMBRIDGE,
AND
800-810 NORTH CLEVELAND AVE. RESOLUTION
WHEREAS, the applicant, DAVIS LAKEFRONT, LLC, proposes to amend Residential Business Planned Development No. 447. The applicant proposes to amend Residential Business Planned Development No. 447 to Residential Business Planned Development No. 447, as amended. The amendment will allow a 242 foot tall building, a 1-3.32 FAR, approximately 8,000 square feet of retail on the ground floor, 200 residential dwelling units above the ground floor, and 176 accessory parking spaces and accessory uses; and
WHEREAS, this application is submitted by the Applicant, as a Mandatory Planned development. The planned development must be amended to sub-divide subarea A-1 into'two separate parcels; Subarea A1-A and A-1B with separate F.A.R and dwelling unit count. Additionally the amendment will allow the transfer F.A.R and dwelling units from Subarea B-2 and increase the height limitations in Subarea A-1A parcel; and
WHEREAS, proper legal notice of the hearing before the Chicago Plan Commission was published in the Chicago Sun-Times on July 1, 2015. The Applicant was separately notified of this hearing and the proposed zoning application was considered at a public hearing by this Plan Commission on July 16, 2015; and
WHEREAS, the Plan Commission has reviewed the application with respect to the provisions of the Chicago Zoning Ordinance and finds that the proposal will be consistent with said provisions; and
WHEREAS, the Department of Planning and Development recommended approval of the application, with the recommendation and explanation contained in the written report dated July 16, 2015, a copy of which is attached hereto and made a part hereof; and
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO ILLINOIS 60602
WHEREAS, the Chicago Plan Commission has fully reviewed the application and all
informational submissions associated with the proposed amendment, the report and recommendation of the Commissioner of the Department of Planning and Development, and all other testimony presented at the public hearing held on July 16, 2015 giving due and proper consideration to the Chicago Zoning Ordinance; and
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
THAT the final application dated July 16, 2015 be approved as being in conformance with the provisions, terms and conditions of the corresponding zoning application; and
THAT this Plan Commission recommends approval to the City Council Committee on Zoning, Landmarks and Building Standards of the final zoning application dated July 16, 2015; and
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 Chicago Plan Commission regarding the zoning map amendment and planned development application.
Chairman ^ Chicago Plan Commission
Approved: July 16, 2015 RBPD No. 447, as Amended
CITY OF CHICAGO / / -O S - ^° ' V
APPLICATION FOR AN AMENDMENT TO
THE CHICAGO ZONING ORDINANCE CEX VEJ3
JUL' 1 6 2015
ADDRESS of the property Applicant is seeking to rezone: -V n
Initial: ^=zzXj^J_^
460-476 West Chicago Avenue: 801-811 North Cambridge: 800-810 North Cleveland. Chicago.
Illinois
Ward Number that property is located in:_27tliWard.
APPLICANT Davis Lakefront LLC
ADDRESS c/o The Davis Group. 3619 South State Street. Suite 400
CITY Chicago STATE IL ZIP CODE 60609
PHONE... (312) 881 -9991 CONTACT PERSON Robert Koerner
4. Is the applicant the owner of the property? YES X NO_.
If the 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 applicant to proceed.
OWNER Chicago Cambridge. L.P. '
ADDRESS c/o The Davis Group. 3619 South State Street, Suite 400
CITY Chicago STATE IL ZIP CODE 60609
PHONE (312)881-9991 CONTACT PERSON Robert Koerner
5. If the 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: Richard Klawiter _
ADDRESS 203 North LaSalle. Suite 1900
CITY _ Chicago., STATE ...... IL ZIP CODE_. 60601
PHONE (312)368-7243 FAX (312)630-7337 /251-2856
EMAIL richard.klawiter@dlapiper.com
F.AST\84 541261.1
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 attached economic disclosure statements.
On what date did the owner acquire legal title to the subject property? November 2004
Has the present owner previously rezoned this property? If yes, when? No
Present Zoning District Residential-Business Planned Development No. 447
Proposed Zoning District Residential-Business Planned Development No. 447. as amended
Lot size in square feet (or dimensions) 18.300 square feet
Current Use of the Property Vacant :
Reason for rezoning the property To allow for an up to 30-story residential building
containing up to 13.0 FAR.
Describe the proposed use of the 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 requests a rezoning of the subject property from Residential-Business Planned
Development No. 447 to Residential-Business Planned Development No. 447. as amended to allow a
301'2"-tall residential building containing up to 30 stories, up lo a 13.0 FAR, up to 8.000 square feet
of retail on the ground floor, up to 225 residential dwelling units above tlie ground floor, and
approximately 113 accessory parking spaces and accessory uses, as set forth in the enclosed project
narrative and plans.
14. On May 14lh, 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 ofthe project in
question and the proposed zoning classification, is this project subject to the Affordable
Requirements Ordinance? (See fact Sheet for more information) subsequent
YES
EAST\84541261.1
CITV 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:
RK Development Group, Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is: 1. [ ] the Applicant
OR ; •2. [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: Davis Lakefront LLC .
OR
3. [ ] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
wffi^F"tffe"D"i^lo¥irT^Party~Rords a nghTot control:" — .~x7.-^-. ._- ^ —=s-.~-«--
B. Business address of the Disclosing Party: 3619 South State Street, Chicago/Illinois 60609
Telephone: 312-842-9500 pax: 312-842-6450 Email: rk@davisgroupllc.com
Name of contact person: Robert Koerner ._
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):
Zoning Amendment for property located at 460-476 West Chicago Avenue, 801-811 North Cambridge and 800-810 North Cleveland,
Chicago, Illinois ,_ ,.
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 # n/A
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS A. NATURE OF THE DISCLOSING PARTY
1. indicate the natani*iF*Itfe'©isclosing Party:
[ ] Person [ ] Limited liability company
[ J 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))7
[.;] Limited partnership [ ] Yes [ ] No
[ ] Trust [S Cj>\forai\or\ :
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. For legal entities not organized in the State oflllinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[] Yes []N.o h<3N/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'parmer, 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 ah 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% 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 ofa member or manager in a limited liability.company, or interest of a beneficiary ofa 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 whuAif/easonabjy. intended to achieve full disclosure.
Percentage Interest in the Disclosing Party
Ovner-100t
SECTION II] - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-136 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
" ""'rrre:''"~ ~" ~r : \xJ~no~~~~ ' ¦-—"^ ~7~ ¦¦
If yes, please identify below the name(s) of such City elected official(s) and describe such relationshipts):
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 not required lo 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 Parly 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? .
[ J Yes fx] No (] No persoo directly or indirectly owns 10% or more of the
Disclosing Party.
Tf "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?
[JYes []No
FURTHER CERTIFICATIONS
1. Pursuant co Municipal Code Chapter 1 -23, Article I ^''Article V')(which the Applicant should consult for defined terms'(e.g.-, "doing business") and legal requirements), if the Disclosing Party submitting this liDS is the Applicant and ii 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 wiih, 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) tbe Applicant understands and acknowledges that compliance with Article I is.a continuing requirement for doing business with the Cily. NOTK: If Ariiele 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
^^^a^^™^ * * ^ «** .« °™0Se Person, or entitle,
excluded from any transactions by any federal, state or locaJ unit of government;
have not. u ithin a five-year period prceedmg the date of this liDS, been convicted ofa criminal olfensc. adjudged guilty, or had a civ,] judgment rendered against them in connection with: obta.n.ng. uttempt.ng 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 tnis EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
e. 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 bytbe City or by the federal government, any state, or any other unit of local government.
3. The certifications in subparts 3. 4 and 5 concern:
the Disclosing Party;
- any "Conn-actor" (meaning any contractor or subcontractor, used by the Disclosing Party in connection with rhe 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 ofa business entity following the ineligibility ofa business entity to do business with federal or state or local government, including rbe 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 Parry, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization ofa responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither, the Disclosing Party, non-any Contractor, riorum Affiliated Entity pf cither the Disclosing Parly 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 ofa Contractor during ifaVfive years before the dale of such^Dpi^t^^r^tiliatcd Enlityis•Crtm-raci.or.ctf^gertohr.inlcon-jjwiion with the Matter:
bribed or:a item pled ftii, bribe, or been torn icicd or adjudged guilty of bribery or attempting to bribe, u public olTiccr or employee ol' the Citv. ihe State of Illinois, or any agency of the federal gptcrnrncr) or of any -state or .local government in the Unircd States of America, in that officer's or empl6y.^e.!s^p.frLcia:{vcapacity;'
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 born 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 Dt partners, is barred from contracting with "any unit of state or local government as a result of engaging in or being convicted of (J) 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'Statcs of America that contains the same elements as ihe 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 ihe.Office of Foreign Assets Control ofthe U.S. Department of tlie 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) aud 2-156 (Governmental Ethics) ofthe Municipal Code. .
If the Disclosing Party is unable to certify io any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
bJ | ft -
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.
S. To the,best of die: Disclosing Party'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 dote oTthis EDS, an employee, or elected or appointed official, of trie 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 of all gifts thailhe Disclosing Party has given or caused ro be given, at any time during the
12-monih 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 "gil'L" does not include, (i) anything
made generally available io 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 rn_xny_aift knl.oi..jJgg«-_abM-^s-i!- - —c:.r-r^;-yj,,,r-
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
(J is [x] is not
a "financial institution" as defined in Section 2-32-455(b) ofthe 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 dt fined 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 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 io make this pledge because it or any of jts 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 1 of 13
ifthe letters "NA," the word "None," or ro response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified ro 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 Municipa I Codc: Doos any official or employee ofthe Cily have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[JYes [x]No
NOTE: If you checked "Yes"to Item D.'i „ proceed to Items D,2. and D.3. If you checked "No" to Item D: J., proceed to Part E.
Unlcss.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 [x] No
If you checked "Yes" to hem 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.
_JL_l- The Disclosing^ai^.w^fea.t^uhe Disclosing Party has searched any and all records ofthe Disclosing Party and any and nil predecessor entities regarding records of investments or profits Irani slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided co\ eragc for damage to or injury or death of their slaves), and (he Disclosing Party hus found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party bas found records of investments orprofits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure ofall such records, including the names of any and all slaves or slaveholders described in those records;
•^IjciWv'i^OTTirO
NOTE: If tbe Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VJ, 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 ofa 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) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described-infection 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and wil'i not engage in "Lobbying Activities".
tr.thf;p,iscJo£tng-.,Pa.r'ty-is the Applicant,' the ibisclosihgParty must obtain cer.tificatipns equal in
form and: substanceto.para graphs A. ^ from all subcontractors before it awards:any
subcontract and the DisclosingiParty 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 Bubmit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party die Applir-.ant?
? 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 Pan 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 [ 1 No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [j" 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 INCORPORATION,
The Disclosing Party understands and agrees that:
The ccnificariohs, 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 otherCity action, and are niafcrlal mduceraentsrto the city's execution of any contract or taking omer action with tcspect to the Matter. The Disclosing Party understands that it rnuBtcomply wnh all-statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics.and Campaign Financing Ordinances, Chapters 2-1S6 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, busmess, or transactions. The full text of these ordinances and a training program is available on line at www.cttyofchicaiio.orgfEthics . 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 wdmances.
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 tho 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 Interncr site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kept current. In die 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 L-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.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 Paitf.iis:the Applicant, the Disclosing Parly 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.l. and F.2. above and will not, v/ithout the prior written consent of the City, use any such contractor/subcontractor that docs not provide such certifications or that the Disclosing Party has,rcason-to believe has not provided or cannoVprovid'e truthful-certifications.
NOTE: Ifthe Disclosing'Party cannot certify as to any of the items iri 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, and '(_•) warrants that all certifications and statements contained in this EDS and Appendix A (ifapplicable) are true, accurate and complete' as of the date furnished to thc City.
RK DEVELOPMENT GROUP, INC. (Print or type name of Disclosing Party)
(Sign here)
Robert Koerner • ¦ . —
(Print or type name of person signing)
President., RK. Development. Group... Inc.
(Print or type title of person signing)
I Notary Public, State of iiiihois ? My Commission Expires 11 /24/20171
Signed 'and.sworn- to before me otv (date) ,
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AiND 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 bas Only nn indirect ownership interest In the Applicant.
Liuler Municipal (. ode Section 2-15-4-015. the Disclosing Party must discloifc whether such Disclosing Party ur :in> "Applicable l*;ins'" nr any Spouse or Dunicsiic Partner thereof currently has a "familial relationship" with ;in> elected cny official or department head. A "familial relationship" exists it, as of the date this EDS is siuncd. the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to ihe major, am 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,
—-Liw^_r^j»cpj:ivwj^gr_„ujjoicil!^g
or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (I) all executive officers of the Disclosing Party listed in Section fl.B. 1 .a., ifthe Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Parly is a general partnership; all general partners and limited partners ofthe Disclosing Party, ifthe Disclosing Party is a limited partnership: all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a . limited liability company; (2 ) all principal officers uf the Disclosing Parry; and (3) any person having more than ;i 7.5 .percent ownership interest in the Disclosing Panv. "'Principal officers" means the president, chief iipeiuimi! officer, executive director, chief lin;ui-i_l officer, treasurer or secretary of a legal entity or any, person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" oi any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
f ) Yes [xJNo
If yes, please ideniify 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 tamilial relationship.
Page 13 of J3
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING COOE$GQ$FJ^XV/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direcLp^wnership interest in the Applicant exceeding .7.5 percent (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1 Pursuant to Municipal-Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code?
[ [ Yes \^Ho .
If the'Applicant is a .legal entity publicly tradedonany 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 Not Applicable
If yes to (I ).or (2) above, piease 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 OFTHE 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: Chilmark Investment Trust
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OR
W a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which tlie Disclosing Party holds an interest: Davis Lakefront LLC
OR
i ^ r i - i 1 —.i:.> :„i.* ~^ „„„< i t o~„>:— tt o i \ Ot.4„ ,u„ i„, i c ~— <;? ;_¦
which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 3619 South State Street, 4th Floor
Chicago, Illinois 60609
Telephone: 312-842-9400 Fax:, 312-842-6547 Email: asd@davisgroupllc.com
Name of contact person: Allison S. Davis
E. 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):
Zoning Amendment for property located at 460-476 West Chicago Avenue, 801-811 North Cambridge and 800-810 North
Cleveland, Chicago, Illinois.
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 # Ki /fry and Contract #
Page 1 of 13
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature ofthe Disclosing Party:
[ ] Person [ ]
[ ] Publicly registered business corptrfalioh [ ]
[] Privately held business corporation f]
[ ] Sole proprietorship [ ]
[ ] General partnership (Is
[ ] Limited partnership
X 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 n^'-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).
Name
Allison S. Davis
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.
Title 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
Allison S. Davis 3619 South State Street 8enficiary-100%
" Chicago, Illinois 60609
SECTION III BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
M Yes M No , ,
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount ofthe 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)
W Check here ifthe 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% ormore of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes W No [ ] No person directly or indirectly owns 10% or more of tlie
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 1 ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if theDiscIosing Party submitting this EDS is the Appiicant and is doing business with the City, then the Disclbsing 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 ah 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 1 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 1I.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-yeaTperiod 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 nol 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. 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
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 ofa 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 olher 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 ofa 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 admissionof such conduct described in a: or b. above that is a matter of record,.but have not been prosecuted fonsuch 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 of 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 staje prof 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 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) ofthe Municipal Code-. . .
If the 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
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 employ£&.Q£l$iC Disclosing Party who were, at any time during the 12-month period preceding the ex?cutiTjm rlaTe'bf this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [)3 is not
a "financial institution" as defined in Section 2-32-45 5(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 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) 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 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 ft 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. I., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City ' elected official or employee shall have a-financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (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?
[ J Yes W No
If you checked "Yes" to Item D.I., 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 I. or 2. below. If tlie 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 insurancepolicies 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:
^SEjCTJLQN V» -- CERTIFICATIONS FOR F^DJERALLY 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 ofthe 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 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 ofa 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 Partjtitientifies 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 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 p] No
Tf "Yes," answer the three questions below:
J. 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 VIIACKNOWLEDGMENTS, 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 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, tlie 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. 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 Ifthe 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. Gencral'Services Administration.
F.3 Ifthe 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.l. and F.2. above and will not, without the prior written consent of the City, use any-such cbntracto'r/subconfractor!that does not-provide such certifications or that the Disclosing Party has reason to believe has riot provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any ofthe 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: (I) 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 ajl certifications and statements contained in this EDS and Appendix A (ifapplicable) are true, accurate and complete as of the date furnished to the City.
Chilmark Inv.estrrient Trust
Allison S. Davis
(Print or type name of person signing)
Trustee. Chilmark Investment Trust
(Print or type title of person signing)
Notary Public.
Signed and sworn to before me on (date) T~~f 0 ( ^
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSTUPS Wrtli 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 steprnorner,~stepson~or;STepoaugnier7stepDrotner oi^r^siylbroFriarFdTomgroFitaTc^igt^™ —— =
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section HJB.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe 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, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary ofa legal entity or any person exercising similar authority.
Does the Disclosing Parry 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 [)§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 tide 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?
I ] 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 [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 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: Aquinnah Investment Trust
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OD Property Owner
f)rj a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applioanynwhich the Disclosing Party holds an interest: Chicago Cambridge LLC
O r "~~ ; Property Owner
3. [ ] a legal entity with" a right of control (see"Sectlon ILBTlTTHStatetfie~legal name oFtfTe en"tTty^Tn=^
which the Disclosing Party holds a right of control:
B. Business address of tlie. Disclosing Party: 3619 South State Street, 4th Floor
Chicago, Illinois 60609 • '
Telephone: 312-842-9400 Fax: 312-842-6547 Email: asd@davisgroupllc.com
Name of contact person: Allison S. Davis
E. 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, ifapplicable):
Zoning Amendment for property located 61460-476 West Chicago Avenue. 801-811 North Cambridge and 800-810 North
Cleveland, Chicago, Illinois.
Which City agency or department is requesting this EDS? Department of Planning and Developmeni
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # p4 j P\ and Contract U
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 f] 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 legal entities, the state (or foreign country) of incorporation or organization, ifapplicable: Illinois •
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the Stale of Illinois as a foreign entity?
[]Yes [] No yjN/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and a|l directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if ariy, which are legal entities. If there are no such members, write "no members." For trusts, estates or otjier 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 genera 1| partner, managing member, manager or any other person or entity that controls the day-to-day management of tlie Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Allison S. Davis 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
Name Allison S. Davis
interest ofa member or manager in a limited liability company, or interest ofa beneficiary ofa 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 amy such additional information from any applicant which is reasonably intended to achieve full disclosure.
Biisijiess Address Percentage Interest in the
" Disclosing Party
3619 South State Street Benfia'ary-rl 00%
"Chicago. Illinois 60609 ~
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?
[ J Yes" " ¦--J'(>fNora-^--- • -- • =
If yes, please identify below the name(s) of such City elected official(s) and describe such rclationship(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)
$ 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?
[ ] 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?
[ ] 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 hor 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, ifthe Disclosing Party is a legal entity, all of those persons or entities identified in Section 1J.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 nol, within a five-yeai1 pcfifjrl 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 prec'edmglhe~3ate of"th7is~EDS7b^ri~convictea7aajuagcu
guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility ofa 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 ot 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 cither 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 ofa Contractor during the five years before the date of sucb Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to Vribe, 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 pf 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 ajiy of their employees, officials, agents or partners, is barred from .contracting with any unit of state or loj:aI government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 IL(|S 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 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 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 ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current entploy£es!a£- ihe Disclosing Party who were, at any time during the 12-month period preceding the cxeCTtirM'date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate _. »^/»" -^iz^sj^^s^rij^ynift balow. olease also list thename of the City recipient. N/A '
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [)4 is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If tlie 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."
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
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 2-1 56 ofthe 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 NNo
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 officiaior 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 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 jnay 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 insu ra n r£,paucieS: during .the, slavery era (including insurance policies issued to slaveholders that piryvifled'CTrwrage'Tof 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:
SE'CTTO'N
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 Ihe 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 "^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 ofa 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-cetiifies that either: (i) it is notan 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 mustmaintain-all1 such; subcontractors' certifications forrthe duration of the 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 informatioh 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 equai opportunity ciause?
[ J 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, disclosnreSj Uifd'THiknowledgments 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 tlie 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.
Tt is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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 nol 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 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 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 inF;l. and F.2: above-and will not, without the-prior-written consent ofthe. . City, use any such contractor/subcontractor that docs not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: Ifthe Disclosing Party cannot certify as to any of the items in F.lF.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person sighing 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.
Aquinnah Investment Trust
(Print or type narne.ofrDisclosing Party)
By:
(Sign her. Allison S. Davis
(Print or type name of person signing)
Trustee. Aquinnah Investment Trust ( Print or type title of person signing)
Signed and sworn to before me on (date) 7-(Q~lat _LOOX County, (state).
Notary Public.
Commission expires: \ j it) j( (*P .
I "OFFICIAL SEAL" % % ILLIANA RAMOS g Notary Public. State ot Illinois % o My Commission Expires 01/10/20161
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 en tity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner th ereof 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,
—- — ~ ~ .U~¦ ~~n**A+*nrary+ ?*mnA/%Ui}f1 f»i-\iizr_AT\J\n-nr tr\t\t\yf*r_iii^\'3\ir crtn-irulam;rlairuhtpr.m-1aw stpnfflfhp.r
¦.J.w_^.„^.„t,_.r,-D_ .r_.T^TC, -__-T_,-J=g^^J_^_^;7--—--; ^^^^ —^ -.
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 ILB.l.a., ifthe ' Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a li mited 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 Parry 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 [)$ 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 SCOFJELAW/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 2-154-0.10, 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?
[ J Yes [xlNo
If the Applicant is a legal'entity publicly traded on any exchange, is any officer or director of the Applicant identified as a buildingcode scofflaw or problem landlord pursuant to Section 2-92-416 ofthei Municipal Code?5' '''
[ ] Yes \ [ ] No [x ] Not Applicable
3. If yes to (1) or (2) above, please identify belo.w 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.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Chicago Cambridge LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
^r, Property Owner
Cx] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicanynwhich the Disclosing Party holds an interest: Chicago Cambridge LP
OR Property Owner
3~[ j~aTefeaTenfity~with~a~rig^
which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 3619 South State Street, 4th Floor
Chicago, Illinois 60609
Telephone: 312-842-9400 Fax: 312-842-6547 Email: rk@davisgroupllc.com
Name of contact person: Robert Koerner
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):
Zoning Amendment for property located at 460-476 West Chicago Avenue, 801-811 North Cambridge and 800-810 North
Cleveland, Chicago, Illinois. '
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 # jJjA and Contract # | Efr
Page 1 of 13
SECTION II DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
I. Indicate the nature ofthe Disclosing Party:
[ ] Person Limited liability company
[ ] Publicly registered busmws^oTporation [ ] 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 f ] No
[ ] Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[]No
[] Yes
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 arc 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
Acquinnah Investment Trust Member 100%
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 ofa member or manager in a limited liability company, or interest ofa 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
Allison S. Davis 3619 South State Street Benficiary-100%
Chicag0i ||]jnojs 60609
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
r 1 y - t\l xr„
_ ^—^^ —_^—- ¦ " ' . . r~~ —==rr-.:==rr—r-r-rvi— ;. .-¦-¦=r=Trr^r.——
If yes, please identify below the name(s) of such City elected official(s) and describe such
relattonship(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 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)
[)3 Check here ifthe 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?
[ ] 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 1 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 N.B.I, 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 ofthe offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
e7 have not; wttEuTa five-yeaFperiotFprl^^
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 ofa 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:
a. 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;
b. agreed or colluded with other bidders or prospective bidders, or been a party to any such.
_ agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or
prospective bidders, in restraint'of freedom of competition by agreement to'bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b: above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage;Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as.a.result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. ¦':•
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
Page 6 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding th&x&eocaismiii^Mstehis 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 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.
=Nf^= £== ¦ _=
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [>5 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 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 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 Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN GITY 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 '¦ WNo
NOTE: If you checked "Yes".to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to ItenvD.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 D.
Does the Matter involve a City Property Sale?
[ ] Yes W 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 thalpiovuie^;ioVBnige'irbT 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:
-oj7-£i^m^s.vr_»7-T cLn"iirwrci t t»>\mc nnn ppnun ATT V FTfMTH?!** K/l A TTVO fi
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 or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe 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 ofa 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 Rcv£nuc .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.4above 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? 1 ¦
[ ] 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, discJojRjrosv-iand.'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.
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/of declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 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 DisclosingTatty'i's fhe''Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors td 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 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.l .'and* F.2." above and^vilLnot, without the prioriwrittenconsentjof.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: Ifthe 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) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (ifapplicable) are true, accurate, and complete as ofthe date furnished'to the City.
Chicago Cambridge LLC
(Print or type natriovof Disclosing Party)
Allison'S. Davis
(Print or type name of person signing)
Trustee. Aquinnah Investment Trust, Member Chicago Cambridge LLC (Print or type title of person signing)
Signed.and s .
at CqQt. County, X\\\(\66 (state)
SignejLand^sworn to before me On' (date) ~] ~"(Q I S" bounty,
Commission expires:
o "OFFICIAL SEAL" %
S ILLIANA RAMOS % % NotBry Public, State ot Illinois £ S Mw Commlowon Expires 01 fl 0/2016 o
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSnn^WTTH 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 Parry" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, nigc_e pr ngphew. grandparent, grandchild, father-in-law, mother-in-law, son-ih-law, daughteT-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother bFFtepsisfer"of"HltbromeFc^h^T-sisWT~
"Applicable Party" means (1) all executive officers-of the Disclosing Party listed in Section TJ.B.l.a., ifthe Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members 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 [>§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 connec ted; (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
GITY 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 intercst in the Applicant.
1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a
building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
[' 1 Yes |xl No
2. Ifthe 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
3. If yes to (I) or (2) above, please identify below the name of the person or legal entity
identifiedas a building code scofflaw or problem landlord and the address ofthe 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.
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: Davis Lakefront LLC
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
Dfl the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
37TT_^ie"SaT"e"nttty"wiTh~
which the Disclosing Party holds a right of control: ;
B. Business address of the Disclosing Party: 3619 South State Street, 4th Floor
Chicago, Illinois 60609
Telephone: 312-842-9400 Fax: 312-842-6547 Email: rk@davisgroupllc.com
asd@davisgroupllc.com
Name of contact person: Robert Koerner/Allison S. Davis
E. 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, ifapplicable):
Zoning Amendment for property located at 460-476 West Chicago Avenue, 801-811 North Cambridge and 800-810 North
Cleveland, Chicago, Illinois.
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 #
ver. 01-01-12 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 p<] Limited liability company
Publicly registered bvmwes^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 legal entities, the state (or foreign country) of incorporation or organization, ifapplicable: 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 $ 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 Jared A. Davis Manager
Robert E. Koerner Manager
Allison S. Davis Manager
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
• Disclosing Party
Jared A. Davis 3619 South State Street 30%
RK Development Group. Inc. 3619 South State Street 3.0%.
Chilmark Investment Trust 3619 South State Street 4Q% :
Chicago, Illinois 60609
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
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 ofthe relationship, and the total amount ofthe 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.
VOA Associates: 224 S. Michigan, Chicago Architect $2,300,000+/-
k-lua: ys/b w. Higgins I rattic Consultant $b,000 +/-
Roseiw»rt:IHinDis .
Okrent Kisiel Assoc., Inc. 122 S. Michigan, Chicago Planning Consultant $10,000+/-
ULA nper: N. Laballe, Chicago Attorney ! I $200,000 +/-
(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 ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes W 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 currcntly 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 Cily or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, 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 orlocal) 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, stale or local) terminated for cause or default; and
Tfave no~t7^itlTin~a~fi
guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government. ,
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
• any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official 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 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^birib'e, 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 officialcapacity; •>.-.•¦
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 "'¦ 1 .
made an admission of such conduct described in a. or b. above that, is a matter of record,but have not been prosecuted1 for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance)...
4. ¦ Neither the Disclosirig-Party, Affiliated Entity or Contractor,.or any?ofitheir employees, officials,
agents or partners, is barred from contracting with anyunit 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'(Inspectbr 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 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 theesirasiiotfjdale of this EDS^an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee^ or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate
with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
==^j^=—-— — :—¦-^-l. ¦ . -¦-
C. CERTIFICATION OF STATUS AS-FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is W is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss 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) 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
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 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? 7"~.~~—~ —
[]Yes M No
NOTE: If yourchecked "Yes" to Item D.l., proceed^to Items.D.2. and D.3, If you checked "No" to Item D. 1., 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 properly taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this PartD.
Does the Matter involve a City Property Sale?
[ ] Yes W 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. 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 "pmv^^xifivtT»gt-f
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:
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 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 ofa 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 InternarTlevienue 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".
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 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?
[]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?
[ J Yes I ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION Vn-- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disdoQa^andThe 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.citvofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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.
The Disclosing Party represents and warrants that:
Page 11 of 13
F. 1. The Disclosing Party^iBcsfcdelmquent 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 Tees, 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. 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. 7.
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 iri F.l. and F .2 above and will not, without tlie prior written consent ofthe City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.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, 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.
Davis Lakefront LLC
(Print or type nameofO'isclosingPgrty)
Jared A. Davis
(Print or type name of person signing)
Manager, Davis Lakefront LLC
(Print or type title of person signing)
at
Signed and swom to before'me on (date)
OfTp t County^ JjjjC\ll}__ (state).
Commission expires:
Notary Public.
UFFIC'AI .^.fc^L * % ILLIANAP^OS •
% NotaryPu^c .„-Illinois %
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WTH 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 Parly must disclose whether such Disclosing Party
or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with
any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is
signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to
the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic
partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle,
niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, 'daughter-in-law, stepfather
or stepmother; stepson or stepd^ullhteT,'stepr3rolher'dr sfepsisteToTnWrjfother "or fiaTi-sister. '"
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section ILB.l.a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, ifthe Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, ifthe Disclosing Party is a limited 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. "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 [)j 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 I No
Ifthe 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.
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: Chicago Cambridge LP
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant The Property Owner
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
Jr [ j~a~ iegalM-fntr^
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 3619 South State Street, 4th Floor
Chicago, Illinois 60609
Telephone: 312-842-9400 Fax: 312-842-6547 Email: rk@davisgroupllc.com
Name of contact person: Robert Koerner
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):
Zoning Amendment for property located at 460^t76 West Chicago Avenue, 801-811 North Cambridge and 800-810 North
Cleveland, Chicago, Illinois. •
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:
K) (ft and Contract # hi j Pi
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature ofthe Disclosing Party:
[ ] Person [ ] Limited liability company
[] Publicly registered busiricSs 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))?
M Limited partnership [ ] Yes [ ] No
[ ] Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No ¦ ' U 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
Chicago Cambridge LLC General Partner
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 coiporation, 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 ofa 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
Chicago Cambridge LLC 3619 South State Street General Partner-100%
Chicago, Illinois 60609
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
ri y>o fsA Nn
¦ ¦ L J : .- Tiyar—rrr— ¦.—: -r .. r-— ~- - ; --i— ---r L_.„ _ -¦rrrr'- t-
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV — DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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)
0<[ 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?
[ ] 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, ifthe Disclosing Party is a legal entity, all of those persons or entities identified in Section IT.B.l. 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^yeariperiod preceding the date of this EDS, been convicted ofa 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
e:navernor^wffiTiiTlFHve^^^
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 ofa 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 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 attemptedio'taribe, 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 df'freedom of competition by agreement to bid a ;fixed:price or otherwise; or
made an admission of such conduct described in a. orb. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the'Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor'any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control 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 2-1 56 (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 tbcexccution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A". or "none"). N/A '
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a
complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the
12-month period preceding the execution date of this EDS, to an employee, or elected or appointed
official, of the City of Chicago. For.purposes of this statement, a "gift" does not include: (i) anything
made generally available to City employees or to the general public, or (ii) food or drink provided in the
course of official City business and having a retail value of less than $20 per recipient (if none, indicate
with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
N/A~"~ ~-^=-^^=^^^ ___ _
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [)3 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 arc 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 of the 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 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee
of the City have a financial interest in his or her own name or in the name of any other person or
entity in the Matter? — — - — : .'- :—' * '__ _.:
[] Yes WNo
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 D.
Does the Matter involve a City Property Sale?
[} Yes W 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. Ifthe Disclosing Party checks 2., the Disclosing Party must disclose beiow 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 thar^pKJyid^«oyerage 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:
—gFCTTO.^FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. Ifthe 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 ofthe 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 ofthe 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 Parly 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 InternarR'everiu'e Code of 1986; or (ii) it is an organization described in section ¦ 501(c)(4) ofthe Internal Revenue Code of 1986 but has notengaged and will not engage in "Lobbying Activities".
Ifthe Disclosing Party is the Appiicant, 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 DJs.closing_Plariy_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?
[ ] Yes I 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, disclosm,zfs^iaii_>adcno\vledgrnents 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 27I64 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with,which it is submitted may,be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon
request. Some or all of the information provided on this EDS and any attachments to this EDS may be
made available to the public on the Internet, in response to a Freedom of Information Act request, or
otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible
rights or claims which it may have against the City in connection with the public release of information
contained in this EDS and also authorizes the City to verify the accuracy of any information submitted
in this EDS. . .
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. 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 P4irry 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.l. and F.2. above and will not, without the prior written consent of the City, use any such cohbactbf/subcoritractor'that ddes 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) oh behalf ofthe Disclosing-Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Chicago Cambridge LP
(Print or typ$ name »f Disclosing Party)
Allison S. Davis
(Print or type name of person signing)
Trustee, Aquinnah Investment Trust, Member Chicago Cambridge LLC,
General Partner Chicago Cambridge LP
(Print or type title of person signing)
Signed and sworn to before me on (date) _
at Q)0)L Cou^y, JLlU flOl^ (state).
Notary Public.
Commission expires: ^/ ^/ ^ ^
0©«00<*0«0«>00 OOOOOOOOOOO
I "OFFICIAL SEAL" * % ILLIANA RAMOS % o Notary Public, Stato of Illinois o % My Commission Expires 01M 0/2016 %
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHri^vVTTH 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 Parmer thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother oTstepsisWS
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section JIB. La., if the Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is'a limited partnership; all managers, managing members and members of the Disclosing Party, 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 alegal 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 [)§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 5COFFLAW/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 onlyian indirect ownership interest in , the Applicant.
1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building'code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal Code? ' '
[ ] Yes IxINo
Ifthe 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? ' ;>.<:
[ J Yes [ ]No [x] Not Applicable
3. If yes to Oltyor (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 buildirigs-fo 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.
|