ORDINANCE FOR LONG TERM EASMENT
WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City wishes to support the charitable, educational and philanthropic activities of established Not for Profit Corporations and encourage the continued viability and growth of such activities; and
WHEREAS, the City wishes to facilitate Not for Profit originated services to the public, and provide safe passage above public street(s) and alley(s) where necessary, for no compensation; and
WHEREAS, Columbia College, an Illinois Not for Profit Corporation, uses the site currently for higher education purposes; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant a long term easement for an enclosed stairway protruding over the public alley described in the following ordinance; now therefore,
WHEREAS, Colombia College, a Not for Profit corporation organized and existing under and by virtue of the Statutes of the State of Illinois ("Grantee") is owner of the properties commonly identified as approximately 619-627 S. Wabash Avenue; and
WHEREAS, Grantee has constructed an enclosed stairway (the 'Stairway') over the public way in order to provide additional ingress and egress for building occupants; and
WHEREAS, the Stairway will promote public health, safety and welfare by allowing students, program participants, staff and visitors to move more freely between floors within the building owned by the Grantee; and
WHEREAS, the Stairway requires the use of the public right-of-way, specifically the limited air rights above the grade of the alley as more fully described on the Plat of Easement attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Department of Transportation has determined that the Stairway will not interfere with the City's traffic infrastructure and will benefit the citizens of the City of Chicago; and
WHEREAS, the City is willing to grant Grantee an easement on the same terms and conditions set forth in the Public Way Easement Agreement (the "Public Way Easement Agreement") attached hereto and incorporated herein as Exhibit B; now, therefore,
Be it Ordained by the City Council of the City of Chicago;
SECTION 1. The foregoing recitals are hereby incorporated herein and adopted as the findings of the City Council.
SECTION 2. The Commissioner of the Department of Transportation (the "Commissioner") or a designee of the Commissioner is each hereby authorized, along with the approval of the City's Corporation Counsel as to form and legality, to execute and deliver the Public Way Easement Agreement between Grantee and the City, in the form attached thereto as Exhibit A and made a part hereof, and such other supporting documents as may be necessary or appropriate to carry out arid comply with the provisions of the Public Way Easement Agreement.
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 4. The Public Way Easement Agreement herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Columbia College shall file or cause to be filed for recording in the Office of the Recorder of Deeds of Cook County, Illinois a copy of the Public Way Easement Agreement, together with its accompanying Plat of Easement as approved by the Department of Transportation's Superintendent of Maps and Plats; as well as a separately recorded oversized and legible copy of the same Plat of Easement for greater clarity.
SECTION £ This ordinance shall take effect upon its passage and need not be recorded. The Public Way Easement Agreement will take effect upon recording.
Balance of page left blank intentionally. See next page for signature block
Easement approved:
Gabe Klein Commissioner of Transportation
Approved as to form and legality:
Karen Bielarz 0 Acting Deputy Corporation Counsel
Honorable Robert Fioretti Alderman 2nd Ward
EXHIBIT A TO ORDINANCE PLAT OF EASEMENT
EXHIBIT "A"
PLAT OF EASEMENT
THAT PART OF LOT 5 AND SUB-LOT 2 OF LOT 6 AND SUB-LOT 1 OF LOT 7 AND LOT 8, TAKEN AS A TRACT, IN BLOCK 13 IN CANAL TRUSTEES SUBDIVISION OF LOTS IN FRACTIONAL SECTION 15 ADDITION TO CHICAGO, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION +149.75 FEET ABOVE, CHICAGO CITY DATUM AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +31.00 FEET ABOVE, CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SUB-LOT 1 AFORESAID; THENCE SOUTH 89"19'14" WEST, ALONG THE SOUTH LINE OF SUB-LOT 1, AFORESAID, 8.00 FEET; THENCE NORTH 00°00'33" WEST, 16.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°00'33" WEST, 37.00 FEET; THENCE NORTH 89°59'27" EAST, 8.50 FEET; THENCE SOUTH 00'00'33" EAST, 37.00 FEET; THENCE SOUTH 89°59'27" WEST, 8.50 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 314 SQUARE FEET, MORE OR LESS.
ST.
FRACTIONAL SECTION 15-39-14 SURVEYED & SUBDIVIDED APRIL 1836, RECORDED JUNE 13. 1836. ANTE FIRE RE-RECORDED SEPT. 24, 1877 AS DOCUMENT NO. 151609.
CANAL TRUSTEE'S SUBDIVISION OF LOTS IN FRACTIONAL SECTINO 15 ADDITION TO CHICAGO RECORDED SEPT. 18.1848. ANTE-FIRE RE-RECORDED SEPT. 24. 1877 AS DOCUMENT NO. 151610 r-
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TRAFFIC DIRECTION =?
HARRISON (RECORD 66 FT. PUBLIC R.O.W.)
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CDOT # V5"-02-10-321 5 PROJECT: COLUMBIA COLLEGE
REVISED AUGUST 8. 2012 ClIEHI AOPBESS PER |20I2-1675< fBSI
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ORDERED 8V: GEHSLER
GREMLEY & BlEDERMANN
PLCS, CORfORATNM Kim No. Ilt-00S3ZI flwnscMi uk> Sim* rati t50S Norm Elston Avenue. Chicago. IL 60610 TeumoW'. (775) 615*5102 Fax: <77J> Z(6-UB(. Emm.' INFOtPLCS-SwtvCT.Un
SCALE:
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(date!
JULY 21. OT2
2012-16684-001
TRAFFIC DIRECTION
L. TERM ESMT
THE ZONING CLASSIFICATIONS OF THE PROPERTY AS SHOWN HEREON IS IS DELINEATED ON THE CITY Or CHiCAGG, DEPARTMENT OF ZONING WEBSITE. (MpttfQliftpfu.dtyofctilcago ngtorin^)
DEPARTMENT OF ZONING. CITY HALL, 121 NORTH LASALLE STREET. ROOM 005. CHICAGO. ILLINOIS. (312) 744-6317. FAX: (31 Z)-744*SS2 FOR CERTIFICATION. VERIFICATION AND SPECIFIC MATTERS PERTAINING TO THE ABOVE NOTED ZONING CLASSIFICATION
NOTES:
Note R. & M. denotes Record and Measured distances respectively.
Distances are marked In feet and decimal parts thereof.
NO dimensions shall be assumed by scale measurement upon this plat
Unless otherwise noted hereon the Bearing Basis, Elevation Datum and Coordinate Datum if used Is ASSUMED.
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PREPARED FOR:
COLUMBIA COLLEGE CHICAGO
JOANNE HARDING
916 S. WABASH AVE., 5TH FLOOR CHICAGO, IL 60605 PH. 312-369-7213
State of Illinois) County of Cook)ss
We. GREMLEY & BlEDERMANN, INC. hereby certify that we have surveyed the above described property and that the plat hereon drawn fs a correct representation of said survey corrected to e temperature of 62* Fahrenheit.
Field measurements completed on AUGUST 30, 2010. Signed on cff By:
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Professional Illinois Land Surveyor No. My license expires November 30, 2012
This professional service conforms to the current Illinois minimum standards for a boundary survey.
EXHIBIT "A"
PLAT OF EASEMENT
POINT OF COMMENCEMENT "SOUTHEAST CORNER SUB LOT 1
L. TERM.
NOTES"
Note R. & M. denotoi Record and Measured distances respectively.
Distances art marked in res) and decimal (wtta the roof.
Monumemation or witness points m not tot at the clients request.
NO dimensions shell bo assumed by scale measurement upon this plat.
Unless otherwise noted hereon the Bearing Bests. Elovatlon Datum and Coordinate Datum If used Is ASSUMED.
CDOT # /5T-02-10-3215 PROJECT COLUMBIA COLLEGE
ORDERED 0Y: CEHSLER IICHEC |
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DRAM RJT |
ADDRESS: 625 S WABASH II |
^ GREMLEY &J3IEDERMANN < T LiCtNSl No. 111405122 M05 NORTH ElSTW AVEHUC, CMCACO, IL 60630 TaEFHONE- On) 6S5-5I02 FAX: (773) Z864W Ehul trffOtPLCS-SufirtT |
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ORDER NO. 2012-16684-001 |
DATE: JULY 27. »I2 |
PAGE NO. 2 of 2 |
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SECTION VIEW LOOKING NORTH
NO SCALE
After recording EXHIBIT 6
send to: Karen Bielarz
Acting Deputy Corporation Counsel
City of Chicago
Department of Law
121 North LaSalle Street
Room 600
Chicago, Illinois 60602
Public Way Easement Agreement
This Agreement (the Agreement") is entered into as of this day of 2013, by and
between the City of Chicago, by and through its Department of Transportation, an Illinois home rule municipal corporation (the "City") and Columbia College Chicago, a not-for-profit' corporation organized and existing under and by virtue of the statutes of the State of Illinois ("Grantee"). City and Grantee together shall be referred to herein from time to time as the "Parties".
Witnesseth:
WHEREAS, the Grantee is the owner of one (1) parcel of real estate located at 623 South Wabash Avenue, Chicago, Illinois ("Property"), and improved with a building ("Building") that houses one of the Grantee's educational buildings dedicated to Art & Design; and
WHEREAS, the Grantee's Building has a stairway ("Stairway") in the rear of the Building that protrudes and encroaches over the City's alley ("Alley") by approximately Three Hundred Fourteen (314) square feet, more or less ("Easement Area"), as more fully described on the Plat of Easement ("Plat") attached hereto as Exhibit A: and
WHEREAS, the Grantee requires the use of the Stairway, which lies above the grade of the Alley, and the Easement Area for movement within the Building. .
Now, therefore, in consideration of the above preambles, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
- Grant of Easement Area. The City hereby grants to Grantee an easement ("Easement") to use and occupy, in accordance with this Agreement, the right-of-way identified and legally described on the Plat (the "Easement Area") for the Stairway only, subject to the City's rights to access ("City Access Rights") the Stairway and Easement Area for official City business purposes.
- Terms. The following terms and conditions apply to the Easement:
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- The Easement is an easement appurtenant in favor of Columbia College Chicago.
- The Easement is granted for a term of twenty (20) years ("Term") provided that the Grantee is recognized by the Federal Government as a not-for-profit entity.
- The Easement shall burden the Easement Area as the servient tenement.
- Grantee warrants to the City that it is the owner ("Owner") of the Property and Building and that the Grantee has sufficient title and interest in the Property and Building to enter into this Agreement.
- The public way Easement granted pursuant to this Agreement constitutes a contemporaneous grant of interest in real property and is not executory in nature.
(0 Grantee shall not transfer any interest in the Easement without prior written consent by the Commissioner of the City's Department of Transportation, or any successor department ("CDOT").
3) Grantee's Obligations.
- The Grantee, at its own cost and expense, shall maintain the Stairway and Easement Area in a safe condition as required by this Agreement
and in particular, as set forth in Section 8 below.
- The Grantee shall be responsible for obtaining approvals of and paying for any and all removals, relocations, alterations, additional maintenance and restorations of or to any utility or public service structures or facilities, or any structures or facilities located in or adjacent to the Easement Area which are owned by the City, including pavements, poles and other facilities and utilities, which are or may be necessary or appropriate to the location of the Stairway and to facilitate any Stairway alterations as discussed below in Section 4.
- The Grantee shall secure all necessary building and other permits.
4) Stairway Alterations. Grantee may from time to time replace, remodel or demolish all or any portion of the Stairway, so long as the Grantee secures the prior written approval of the CDOT Commissioner for alterations that may affect the Easement Area or other portions of the public right-of-way before making any alterations to the Stairway that would change the description provided on the Plat at Exhibit A.
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5) Not For Profit. The Grantee covenants that it is a not-for-profit entity. In the event
of a change in the Grantee's not-for-profit status, or Grantee's transfer of any interest in
the Easement without prior written consent by CDOT's Commissioner, the Easement will
immediately terminate and the new owner of the Property and Building must apply for an
easement or promptly remove the Stairway at the new owner's sole cost and expense.
- Removal and Restoration. Grantee shall have the right to terminate this Easement at any time. Upon termination of the Easement granted by this Agreement the Grantee, without cost or expense to the City, shall promptly remove the Stairway from the Easement Area, and all other structures and facilities related to the Stairway as may be located in the affected public way, and shall restore the public way to the extent altered or disturbed by the installation, construction, use, operation, inspection, maintenance, repair, replacement or removal of the Stairway, and all work related thereto, to a proper condition under the supervision and to the satisfaction of the Commissioner of Transportation and in accordance with the Municipal Code of Chicago.
- Indemnity. Except with respect to the negligent or wrongful intentional acts of City (to the extent the same are the cause of an injury or loss to a third person), Grantee hereby indemnifies and agrees to hold harmless and defend City from and against any and all claims, demands, damages, lawsuits, legal proceedings, losses, liens, liabilities, judgments, orders or decrees, and all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, and other reasonable expenses related to litigation), arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any natural person, or the property of any person, arising out of, or occurring in any manner relating to the Easement Area, or the Stairway. In the event any legal action is taken against City or its agents or any claim is made relating to the Easement Area or the Stairway, the City may elect to tender said defense to Grantee which shall and must defend such action or claim at Grantee's own expense and City shall cooperate with Grantee in the defense thereof. City shall have the right to join Grantee as a party defendant in any such legal action. This indemnity shall not be the exclusive remedy of the City, and City shall maintain whatever other right of indemnity it may have under common law, by statute, or by ordinance.
8) Grantee's Operation. Maintenance and Security of the Easement Area and
Stairway during the Term of this Agreement.
- Grantee shall maintain the Easement Area and Stairway at its sole cost and expense.
- Grantee shall maintain the Easement Area and Stairway so that the improvement does not unduly interfere with any use of the public way by the City, the public, or any person or entity authorized to use or occupy the public way.
- Grantee shall conduct regular, documented inspections of the Stairway and the Easement Area and maintain the Stairway and Easement Area in a structurally sound, clean, aesthetically attractive, and usable condition consistent with the public use required by this
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Agreement. All Stairway and Easement Area maintenance records shall be made available to CDOT, upon CDOT's written request for such documentation to Grantee.
- Grantee shall post no verbiage, signage, symbols, art or advertising of any kind on the structure, nor lease the Stairway or Easement Area lying over, under, on, or in the public way for advertising space purposes, or for any other promotional uses.
- Grantee shall cooperate with the City concerning the coordination of uses of the public way, including prompt responses to inquiries, attending meetings and site visits, and providing complete disclosure of information concerning the Easement Area and Stairway.
(0 Grantee shall pay for any and all utility expenses incurred with respect to the operation, maintenance, repair, and/or replacement of the Stairway, or any part thereof, within the Easement Area.
- Grantee shall provide at all times a fully operational low wattage perimeter lighting system, at its own cost and expense, along the exterior periphery
of the Stairway to minimize collisions in the Alley.
- Grantee shall provide security over the Easement Area and Stairway at its sole cost and expense.
9) City Has No Maintenance and Operational Duties. The Grantee acknowledges that City is not responsible for the operation, maintenance, repair, and/or replacement of or security of the Easement Area and the Stairway, and City has no obligations with respect thereto (other than the provision, through the exercise of the City Access Rights, of City services available to all similarly situated improvements).
10) Insurance.
- The Grantee shall procure and maintain, at all times, or shall cause to be procured and maintained, all of the types and coverages of
insurance specified below, with insurance companies authorized to do business in the State of Illinois, covering all operations under this Agreement, whether performed by the Grantee or any of its contractors.
- The kinds and amounts of insurance required are as follows:
(i) Workers' Compensation and Occupational Disease Insurance.
Workers' Compensation and Occupational Disease Insurance, in statutory amounts, covering all employees who are to provide Work under this Agreement. Employers' liability coverage with limits of not less than One Million Dollars ($1,000,000) each accident, illness or disease.
(ii) Commercial Liability Insurance (Primary and Umbrella).
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Commercial General Liability Insurance, or equivalent, with limits of not less that Five Million Dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage liability. All premises and operations, products/completed operations, independent contractors, explosion, collapse, underground, pollution (if commercially available), separation of insureds, defense and contractual liability coverages are to be included. The City is to be named as an additional insured on a primary non-contributory basis for any liability related directly or indirectly to this Agreement.
Contractors performing work for Grantee must maintain limits of not less than $2,000,000 with the same terms herein.
(iii) Automobile Liability Insurance. (Primary and Umbrella)
When any motor vehicles (owned, non-owned and hired) are used in connection with Work to be performed, the Grantee provide or caused to be provided, Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage. The City is to be named as an additional insured on a primary, non-contributory basis.
Contractor performing work for Grantee must maintain limits of not less than $1,000,000 with the same terms herein.
(c) Additional Requirements
The Grantee must provide and cause any of its contractors to provide the City of Chicago, Department of Transportation, 30 North LaSalle Street, Room 600, Chicago, Illinois 60602-2570, original Certificates of Insurance, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from Grantee and contractor is not a waiver by the City of any requirements for the Grantee to obtain and maintain the specified coverages. The Grantee and contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Grantee and contractor of the obligation to provide insurance as specified herein. Non-fulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided.
Grantee agrees to make commercially reasonable efforts to obtain from its insurers, when and if available in the industry, a certificate providing that such coverage shall not be suspended, voided, canceled, non-renewed, or reduced in scope or limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
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Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Grantee and contractor.
The Grantee hereby agrees and will cause its contractor to agree that insurers waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Grantee and contractor in no way limit the Grantee's and contractor's liabilities and responsibilities specified within the Agreement or by law.
Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by the Grantee and contractor under the Agreement.
The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
If Grantee or contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
The Grantee must require the contractor to provide the insurance required herein. All contractors are subject to the same insurance requirements of Grantee unless otherwise specified in this Agreement.
The City's Risk Management Department maintains the right to modify, delete, alter or change these requirements.
Default. The Grantee shall be in default hereunder in the event of a material breach by Grantee of any term or condition of this Agreement including, but not limited to, a representation or warranty, where Grantee has failed to cure such breach within sixty (60) days after written notice of breach is given to Grantee by City setting forth the nature of such breach. Failure of City to give written notice of breach to Grantee shall not be deemed to be a waiver of the City's right to assert such breach at a later time. If the default is not capable of being cured within the sixty (60) day period, then provided Grantee has commenced to cure the default and is diligently proceeding to cure the default within the sixty (60) day period, and thereafter diligently prosecutes such cure through to completion, then the sixty (60) day period shall be extended for the length of time that is reasonably necessary to cure the default. If the default is not cured in the time period provided for herein, the City may institute such proceedings at law or in equity as may be necessary or desirable to cure and remedy the default, including but not limited to, termination of this Agreement and removal of the Stairway.
- Compliance With Law. The Grantee agrees that the Easement Area and Stairway shall be used, and any alterations to the Stairway shall be constructed, installed, used, operated, inspected, maintained, repaired and replaced in complete compliance with all applicable laws, statutes and ordinances.
- Partial Invalidity. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent
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jurisdiction to be so, the remaining portion hereof shall remain in full force and effect.
- Notices. Any and all notices or other communications required or permitted pursuant hereto shall be in writing and shall be deemed to have been given if and when personally delivered or on the next following business day if transmitted by reputable overnight carrier. Notices shall be addressed to Grantee and City at their respective addresses set forth below, or to such substitute address as Grantee or City may have designated by notice in accordance herewith:
If to City:
Commissioner of Transportation 30 North LaSalle Street, Room 500 Chicago, Illinois 60602 Attn: Maps and Plats
With a copy to: Department of Law
121 North LaSalle Street, Room 600
Chicago, Illinois 60602
Attn: Deputy Corporation Counsel
Real Estate and Land Use Division
If to Grantee:
John Kavouris Columbia College Chicago 916 South Wabash Avenue Room 501 Chicago, IL 60605
With a copy to:
General Counsel Columbia College Chicago 600 S. Michigan Avenue Room 810
Chicago, Illinois 60605
- Illinois Law. This Agreement has been negotiated, executed and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois, including the law of public trust with respect to the use and occupation of the public way.
16) Execution And Recordation of Agreement. The execution and recordation of this Agreement shall be subject to the finalization of all utility negotiations and further provided that the Grantee supplies the City with sufficient proof of ownership of the Property and Building and any other documents that the City may deem necessary.
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- No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit solely of Grantee and City and their respective successors, assigns, licensees and legal representatives. This document and the terms hereof are intended solely for the benefit of the parties hereto and their successors, licensee and assigns, as expressly referred to herein. No other person shall have any rights, responsibilities or obligations hereunder nor may such person enforce any of the terms or be entitled to any of the benefits hereof.
- Authority and Validity. Each party represents and warrants to the other party that (i) this Agreement has been duly authorized, executed and delivered by it and (ii) this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with its terms.
- Miscellaneous
- The terms, benefits, and privileges set forth in this Agreement shall be deemed and taken to be covenants running with the Property and shall be binding upon the Grantee, its successors and assigns having any interest in the Property.
- If any provision of this Agreement, or any paragraph, sentence, clause, phrase, or word or the application thereof is held invalid, illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remainder of this Agreement shall be construed as if such invalid part were never included and this Agreement shall be and remain valid and enforceable to the fullest extent permitted by law provided that this Agreement, in its entirety as so reconstituted, does not represent a material change to the rights or obligations of either of the Parties.
- In the event the time for performance hereunder falls on a Saturday, Sunday, or legal holiday, the actual time for performance shall be the next business day.
- This Agreement and the accompanying Plat of Easement shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. In the event that an adjudication of any kind shall be required in connection with this Agreement, the Parties agree that the venue therefor shall be the state or federal courts located in Cook County, Illinois, whichever may be applicable.
- This Agreement constitutes the entire contract between the Parties with respect to the subject matter of this Agreement, and may not be modified except by an instrument in writing signed by all the Parties and dated a date subsequent to the date of this Agreement.
- Each Party agrees that it will execute and deliver such other reasonable documents and take such other reasonable actions as may be reasonably requested by the other party to effectuate the purposes and intention of this Agreement.
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20) Business Relationships
The Grantee acknowledges (A) receipt of a copy of Section 2-156-030 (b) of the Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (c) notwithstanding anything to the contrary contained in this Agreement, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for termination of this Agreement and the transactions contemplated hereby. The Grantee hereby represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby.
21) Patriot Act Certification.
The Grantee represents and warrants that neither the Grantee nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to the Grantee that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Grantee, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.
22) Prohibition on Certain Contributions Mayoral Executive Order 2011-4.
Grantee agrees that Grantee, any person or entity who directly or indirectly has an ownership or beneficial interest in Grantee of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Grantee's contractors (i.e., any person or entity in direct contractual privity with Grantee regarding the subject matter of this Agreement) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Grantee and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Grantee, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Grantee and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated.
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Grantee represents and warrants that from the later to occur of (a) May 16, 2011, and (b) the date the City approached the Grantee or the date the Grantee approached the City, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.
Grantee agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) Bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.
Grantee agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4.
Grantee agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.
If Grantee intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the closing of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement.
For purposes of this provision:
"Bundle" means to collect contributions from more than one source, which is then delivered by one person to the Mayor or to his political fundraising committee.
"Other Contract" means any other agreement with the City of Chicago to which Grantee is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago.
"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
Individuals are "Domestic Partners" if they satisfy the following criteria:
- they are each other's sole domestic partner, responsible for each other's common welfare; and
- neither party is married; and
10
(C) the partners are not related by blood closer than would bar marriage in
the State of Illinois; and
- each partner is at least 18 years of age, and the partners are the same sex, and the partners reside at the same residence; and
- two of the following four conditions exist for the partners:
- The partners have been residing together for at least 12 months.
- The partners have common or joint ownership of a residence.
- The partners have at least two of the following arrangements:
-
- joint ownership of a motor vehicle;
- a joint credit account;
- a joint checking account;
- a lease for a residence identifying both domestic partners as tenants.
- Each partner identifies the other partner as a primary beneficiary in a will.
"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.
- Failure To Maintain Eligibility To Do Business With The Citv.
Failure by Grantee or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of the Agreement and the transactions contemplated thereby. Grantee shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.
- Inspector General and Legislative Inspector General.
It is the duty of every officer, employee, department, agency, contractor, subcontractor, Grantee and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, of the Municipal Code of Chicago. The Grantee understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago.
- Waste Ordinance Provisions.
In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Grantee warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Amendment is executory, Grantee's, any general contractor's or any subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Amendment, at law or in equity. This section does not limit Grantee's, general contractor's and its subcontractor's duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Amendment. Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Amendment, and may further affect Grantee's eligibility for future contract awards.
11
26) Shakman Accord
- The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the August 16, 2007 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
- Grantee is aware that City policy prohibits City employees from directing any individual to apply for a position with Grantee, either as an employee or as a subcontractor, and from directing Grantee to hire an individual as an employee or as a subcontractor. Accordingly, Grantee must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Grantee under this Agreement are employees or subcontractors of Grantee, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Grantee.
- Grantee will not condition, base, or knowingly prejudice or affect any term or aspect to the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
- In the event of any communication to Grantee by a City employee or City official in violation of Section 26 (ii) above, or advocating a violation of Section 26 (ii) above, Grantee will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section of the City's Office of the Inspector General ("IGO Hiring Oversight"), and also to the head of the relevant City Department utilizing services provided under this Agreement. Grantee will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to the contract.
THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK
12
In Witness Whereof, Grantee and City have caused this Agreement to be executed by their duly authorized officers, as of the day and year first written above.
COLUMBIA COLLEGE CHICAGO,
an Illinois not-for-profit corporation
By:
Name:
Title:
CITY OF CHICAGO,
a municipal corporation
by and through its Department of Transportation
By:
Name: Gabe Klein Title: Commissioner
Approved As To Form And Legality:
By:
Name: Karen Bielarz
Title: Acting Deputy Corporation Counsel
13
EXHIBIT "A"
PLAT OF EASEMENT
THAT PART OF LOT 5 AND SUB-LOT 2 OF LOT 6 AND SUB-LOT 1 OF LOT 7 AND LOT 8, TAKEN AS A TRACT, IN BLOCK 13 IN CANAL TRUSTEE'S SUBDIVISION OF LOTS IN FRACTIONAL SECTION 15 ADDITION TO CHICAGO, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION +149.75 FEET ABOVE, CHICAGO CITY DATUM AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +31.00 FEET ABOVE, CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SUB-LOT 1 AFORESAID; THENCE SOUTH 89"19'14" WEST, ALONG THE SOUTH LINE OF SUB-LOT 1, AFORESAID, 8.00 FEET; THENCE NORTH 00°00'33" WEST, 16.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH OCOO'SS" WEST, 37.00 FEET; THENCE NORTH 89"59'27" EAST, 8.50 FEET; THENCE SOUTH 00°00'33" EAST, 37.00 FEET; THENCE SOUTH 89°59'27" WEST, 8.50 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 314 SQUARE FEET, MORE OR LESS.
ST.
FRACTIONAL SECTION 15-39-14 SURVEYED & SUBDIVIDED APRIL 1836, RECORDED JUNE 13, 1838. ANTE FIRE RE-RECORDED SEPT. 24. 1877 AS DOCUMENT NO. 151609.
CANAL TRUSTEE'S SUBDIVISION OF LOTS IN FRACTIONAL SECTINO 15 ADDITION TO CHICAGO RECORDED SEPT. 18, 1848. ANTE-FIRE RE-RECORDED SEPT. 24, 1877 AS DOCUMENT NO. 151610
E.
4=
TRAFFIC DIRECTION HARRISON (RECORD 66 FT. PUBLIC R.O.W.)
R 180'
PIN: 17-15-301-008
PIN: 17-15-301-001 "BUILDINGS"
> <
PIN: 17-15-301-003
R. 180.00
M.180.99 Nsg'ZO'H'E
V
o
F S
: NORTH LINE LOT 6 * SUB LOT 1
I
: SUB lOT I
SU9
CD
D- r
■° o5
;U ■ O
1° 2
sue lot : "BUILDINGS"
PIN:17-15-301-004
POINT OF BEGINNING-SUB LOI I SOUTH LINE SUB -\ LOT 1 OF LOT 7
M.181.01CJ- R. 180.00
N89T9'14"E
X CO
< <
"BUILDINGS" PIN: 17-15-301-018
00
CDOT # 15-02-10-PROJECT: COLUMBIA
3215 COLLEGE
REVISED AUCUST 6, 2012 CLIENT ADDRESS PER 12012-16754 fSS]
ORDERED BY. GENSLER
ORAM RJT
ADDRESS
GREMLEY & BlEDERMANN <MT
PLCS, Corporation
&505 Hum Elston Avenue, Ckcaco. IL 60650 Telephone. (771) 6(5-510? F*x {773) 216418b Email iHFOtPLCS-Sww.cai
DATE
JULY V, zm
PAGE NO
1 OF 2
2012-16684-001
SCALE:
I In:H = 1.0 FEET
C\CAD\20l0\2O1O-14272\dwg\2012-ie884-001 cjwg
BUILDINGS
UJ 2
SS! <
s
14
o
*
ZONING DX-IS (DOWNTOWN MIXED)
I PIN: 17—15-301-011 ^
"BUILDINGS"
[ASEMENT HEREBY GRANTEiD
tR LiMiT +149.75 CC07 (HEIGHT ABOVE GRADE 133.75') LOWER LIMIT +31.00 CCD (HEIGHT ABOVE GRADE 15.00') WITHIN LIMITS OF THE SHADED AREA *
vt5>PIN:17-15-301
POINT OF COMMENCEMENT SOUTHEAST CORNER SUB LOT 1
<
O X
ZONING PD-669 (PLANNED DEVELOPMENT)
BUILDINGS'
v? "I
PIN: 17-15-301-013
R. 180'
o
BALBO (RECORD 66 FT. PUBLIC R.O.W)
TRAFFIC DIRECTION <=>
L. TERM ESMT
00
AVENUE
PREPARED FOR:
COLUMBIA COLLEGE CHICAGO
JOANNE HARDING
THE ZONING CLASSIFICATIONS OF THE PROPERTY AS SHOWN HEREON IS IS DELINEATED ON THE CrTY OF CHICAGO, DEPARTMENT OF ZONING WEBSITE (htlpi s/giuppt atyotchicAoo org/zonfrig/)
DEPARTMENT OF ZONING. CITY HALL, 121 NORTH LASALLE STREET. ROOM 905, CHICAGO. ILLINOIS, (312) 744-4317. FAX (312J-7444552 FOR CERTIFICATION, VERIFICATION ANO SPECIFIC MATTERS PERTAINING TO THE ABOVE NOTED ZONING CLASSIFICATION
916 S. WABASH AVE., 5TH FLOOR CHICAGO, IL 60605 PH. 312-369-7213
State of Illinois) County of Cook)sa
We, GREMLEY & BlEDERMANN, INC. hereby certify that we have surveyed the above described property and that the plat hereon drawn is a correct representation of said survey corrected to a temperature of 62" Fahrenheit.
Note R. & M. denotes Record and Measured distances respectively.
Distances are marked in feet and decimal parts thereof.
NO dimensions shall be assumed by scale measurement upon this plat.
Unless otherwise noted hereon the Bearing Basis, Elevation Datum and Coordinate Datum if used Is ASSUMED.
Field measurements completed on AUGUST 30, 2010.
Signed on <&
y 3— J^/-
Professional Illinois Land Surveyor No. My license expires November 30, 2012 This professional service conforms to the current Illinois minimum standards for a boundary survey.
EXHIBIT "A"
PLAT OF EASEMENT
COMMENCEMENT IfORNER SOB LOT 1
CDOT # 1b.-02-10-PROJECT: COLUMBIA
3215
COLLEGE - L.
TERM ESMT
cl <:<■.>. V>J-W 7. a
V5 .N<b
16 0
SECTION VIEW LOOKING NORTH
NO SCALE
ORDERED BY GENSLER IjCKEC |
KED: |
DRAWN: RJT |
ADDRESS' 621S WABASH || |
^fa- GREMLEY & BlEDERMANN < | PLCS, CORPORATION T UcMSIHt) IW-005H2 PXfiSSKKAL me SUKYCfS 4505 North Elston avenue, Chicago, IL 60630 Telephone (773) 685-5102 Fax (773) 2B64IU Email inFWPlCS-Swvet |
\m CON |
ORDER NO. 2012-16684-001 |
DATE. JULY 27, 2012 |
PAGE NO. 2 of 2 |
|
|
|
|
|
NOTES
Nolo RAM. denote* Record end Measured distances respectively.
Distances are marked in feet and decimal parts thereof.
Monumontotion or witness points were not set et the clmnts request
NO dimensions snail be assumed by scale measurement upon this plat
Unless otherwise noted hereon the Bearing Basis, Elovatlon Delum and Coordinate Datum If used Ig ASSUMED
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I » GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Columbia College Chicago
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
- [3 the Applicant
OR
- [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 600 S. Michigan Avenue
Chicago, Illinois 60605
- Telephone: 312-369-6890 Fax: 312-369-8412 Email: mcarter@colum. edu
- Name of contact person: 'Melissa Carter
- Federal Employer Identification No. (if you have one): ■.
F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for Long Term Easement at 623 S. Wabash, Chicago, IL
G. Which City agency or department is requesting this EDS? MaPs & Plats
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver. 014)1-12
Page I of 13
SECTION II DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
t ] Person [ ]
[ ] Publicly registered business corporation [ ]
[ ] Privately held business corporation [ ]
[ ] Sole proprietorship [3}
[ ] General partnership (Is
[ ] Limited partnership
[] 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 [Jj 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.
i
Name Title
See Attached List
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
NONE
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[]Yes [JfNo
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.
Gensler Architects Architect $292,125
McGuire Engineers Subcontractor $162,450
Rocke Structures Subcontractor $44^000
(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 of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No [3 No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
- FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor arty controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
- The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.l. of this EDS:
-
- are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
- have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
- are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
- have not, within a Five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
- have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
- The certifications in subparts 3, 4 and 5 concern:
- the Disclosing Party;
- any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
- any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
- any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
- bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
- agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
- made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
- violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
- Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
- Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
- The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
- If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
Page 6 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
9. To the best 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.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
- The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
- If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
- In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [JJ No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
- Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part 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
None
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: 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 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. 1. 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.
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- The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
- The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
- If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[]Yes [No If "Yes," answer the three questions below:
- Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
- Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[]Yes []No
- Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
- The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
- The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics. and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
- If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
- It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
- The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
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F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Patty or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any 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 perjiiry, 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 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.
name of Disclosing Party)
(Print
Columbia College Chicago
(Sign here)
Alicia Berg
(Print or type name of person signing)
VP of Campus Environment (Print or type title of person signing)
Signed and sworn to before me on (date) \\ajrcis .1.1013
Cook County. Illinois (state).
btary Public.
JOANNE S. HARDING OFFICIAL SEAL Notary Public. State of Illinois My Commission Expires September 28, 2014
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Commis&.on expires:
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes W 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.
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ATTACHMENT TO CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
B.l. Full Name and Title of Executive Officers and Directors of Entity:
Warren Chapman, Ph.D., Senior Vice President
Mark Kelly, Vice President of Student Affairs
Alicia Berg, Vice President of Campus Environment
Eric Winston, Ph.D., Vice President of Institutional Advancement
Louise Love, Ph.D., Interim Provost and Vice President of Academic Affairs
Ken Gotsch, Chief Financial Officer and Vice President of Business Affairs
Allen M. Turner, Chairman of the Board
Warrick L. Carter, Ph.D., President
Richard P. Kiphart, Vice Chair
Sylvia Neil, Vice Chair
Madeleine Moore Burrell, Secretary
Ralph W. Gidwitz, Treasurer
Andrew Alexander
Lester Coney
Steve Devick
Susan V. Downing,
Georgia Fogelson
John R. Gehron
Devin A. Gross
Mary Louise Haddad
Joan Hammel
John McClain Holmes
Chester T. Kamin
Pamela Kendall-Rijos
Paul R. Knapp
Marcia Lazar
Averill Leviton
Frederick C. Lowinger
Howard Mendelsohn
Madeline Murphy Rabb
Arlen D. Rubin
Barry M. Sabloff
Joseph Seminetta
Ahsa L. I. Spencer
Ellen Stone Belie
Arthur Sussman
Allison Grant Williams Hugh C. Williams Robert A. Wislow William E. Wolf
David S. Solomon, M.D., Lifetime Trustee
Lerone Bennett Jr., Emeritus
Helena Chapellin Wilson, Emeritus
Samuel E. Pfeffer, Emeritus
Victor Skrebneski, Emeritus
Sydney Smith Gordon, Emeritus
Bill Kurtis, Honorary