ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1 - Title 17 ofthe Municipal Code of Chicago, the Chicago Zoning
Ordinance, is hereby amended by changing all the RM4.5 Residential Multi-Unit District symbols
and indications as shown as Map Number 5-G in the area bounded by:
North Fremont Street; a line 197 feet north of and parallel to West Webster Avenue; the public alley east of and parallel to North Fremont Street; and a line 167 feet north of and parallel to West Webster Avenue;
to those of a RT4 Residential Two-Flat, Townhouse & Multi-Unit District and a
corresponding uses district is hereby established in the area above described.
SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication.
CITY OF CHICAGO APPLICATION FOR AN AMENDMENT TO THE CHICAGO ZONING ORDINANCE
- ADDRESS of the property Applicant is seeking to rezone:
- 2219 North Fremont
- Ward Number that property is located in: 43
3. APPLICANT: ATG Trust Company, as Trustee under Land Trust No. TH00259 dated April 10, 1989 c/o Chico & Nunes P.C. 333 W. Wacker Dr. Suite 1800. Chicago. IL 60606
ADDRESS: One South Wacker Dr. 24th Floor
CITY: Chicago STATE: IL ZIP CODE: 60606
PHONE: (312) 884-5067 CONTACT PERSON: Sylvia C. Michas. Esq. .
Attorney for Applicant
- 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 application to proceed.
OWNER Same as Above
ADDRESS Same as Above
CITY STATE ZIP CODE
PHONE (312) 884-5067 CONTACT PERSON Sylvia C. Michas. Esq.
- If the Applicant/Owner ofthe property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORNEY Chico & Nunes P.C.
ADDRESS 333 W. Wacker Dr. Suite 1800
CITY Chicago STATE: JL ZIP CODE 60606
PHONE: (312) 884-5067 FAX: (312) 884-1001
6.
If the applicant is a legal entity (Corporation, LLC, Partnership, etc.), please provide the names of all owners as disclosed on the Economic Disclosure Statements
ATG Trust Company, as Trustee under Land Trust No. TH00259 dated April 10, 1989
7.
On what date did the owner acquire legal title to the subject property?
April 1989
8.
Has the present owner previously rezoned this property? If Yes, when?
Yes - September 12. 1012
9.
Present Zoning:
RM4.5 Residential Multi-Unit District
Proposed Zoning: RT4 Residential Two-Flat. Townhouse and Multi-Unit District
- Lot size in square feet (or dimensions?): 30' x 124.14' = 3.724 sq. ft
- Current Use of the Property The subject property is currently improved with a 3-story single family home.
- Reason for rezoning the property: The subject property was rezoned on September 12, 2012 in order to bring the existing enclosed terrace, located on the third floor of the existing single family home, into compliance under the Chicago Zoning Ordinance in terms of floor area ratio (FAR) and height. The reason for the current zoning amendment application is to return the subject property to its original RT4 Two-Flat. Townhouse & Multi-Unit District.
- 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 subject property was rezoned on September 12, 2012 in order to bring the existing enclosed terrace, located on the third floor of the existing single family home, into compliance with the Chicago Zoning Ordinance in regards to floor area ratio (FAR) (existing FAR is 4,893 sq. ft.) and height (existing height is 41.8'). The Applicant has secured the proper building permit and pursuant to its agreement with the local community, filed the current zoning amendment application requesting that the subject property be amended to its original RT4 Residential Two-Flat, Townhouse & Multi-Unit District.
- On May 14, 2007, the Chicago City Council passed the Affordable Requirements Ordinance (ARO) that requires on-site affordable housing units or a financial contribution if residential housing projects receive a zoning change under certain circumstances. Based on the lot size of the project in question and the proposed zoning classification, is this
project subject to the Affordable Requirements Ordinance? (See Fact Sheet for more information)
X
NO
YES
COUNTY OF COOK STATE OF ILLINOIS
I ANGELA C ^ Qn bghjjf 0f ATG Trust Company, as Trustee under Land Trust No. TH00259 dated April 10, 1989, being first duly sworn on oath, states that all of the above statements and the statements contained in the documents submitted herewith are true and correct.
7-ft-q
ignature of Applicant
LandTiuatOfflosr
OFFICIAL SEAL CAROL THOMPSON NOTARY PUBLIC - STATE OF ILLINOIS MY (XIMMISSION EXPIRES.02/09/14
Subscribed and Sworn to before me this //// dayof'Tn/y ,2013.
Exoneration provision restricting anv liability of ATG Trust Company either attached on the reverse side hereof or attached hereto, is incorporated herein.
For Office Use Only
Notary Public
Date of Introduction: File Number:
Ward:
It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all ofthe warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part ofthe Trustee while in form purporting to be warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against ATG Trust Company or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement ofthe said Trustee, whether or not in this instrument contained, cither expressed or implied, all such personal liability, if any, being expressly waived and released.
Written Notice. Form of Affidavit: Section 17-13-0107
July 16,2013
Honorable Daniel Solis Chairman, Committee on Zoning 121 North LaSalle Street Room 304 - City Hall Chicago, Illinois 60602
To Whom It May Concern:
The undersigned, Sylvia C. Michas, being first duly sworn on oath, deposes and says the following:
That the undersigned certifies that she has complied with the requirements of Section 17-13-0107 ofthe Zoning Code of the City of Chicago, by sending written notice to such property owners who appear to be the owners of the property within the subject area not solely owned by the applicant, and on the owners of all property within 250 feet in each direction of the lot line of the subject property, exclusive of the public roads, streets, alleys and other public ways, or a total distance limited to 400 feet. Said written notice was sent by USPS First Class Mail no more than 30 days before filing the application.
The undersigned certifies that the notice contained the address of the property sought to be rezoned as 2219 North Fremont Chicago, IL; a statement of intended use of said property; the name and address of the applicant; the name and address of the owner; and a statement that the applicant intends to file an application for a change in zoning on approximately July 16, 2013.
The applicant has made a bonafide effort to determine the addresses of the parties to be notified under Section 17-13-0107 of the Zoning Code ofthe City of Chicago; that the applicant certifies that the accompanying list of names and addresses of surrounding property owners within 250 feet is a complete list containing the names and last known addresses ofthe owners of the property required to be served.
Chico & Nunes P.C.
Subscribed and Sworn to before me
this Hp day of Chc/y/ , 2013
Notary Public
NOTICE
Via USPS First Class Mail
July 16,2013 Dear Sir or Madam:
In accordance with Amendment to the Zoning Code enacted by the City Council, Section 17-13-0107-A, please be informed that on or about July 16, 2013, I, the undersigned, filed an application for a change in zoning from a RM4.5 Residential Multi-Unit District to a RT4 Residential Two-Flat, Townhouse and Multi-Unit District on behalf of the Applicant/Owner, ATG Trust Company, as Trustee under Land Trust No. TH00259 dated April 10,1989, for the property located at 2219 North Fremont, Chicago, IL.
The subject property was rezoned on September 12, 2012 in order to bring the existing enclosed terrace, located on the third floor of the existing single family home, into compliance with the Chicago Zoning Ordinance in regards to floor area ratio (FAR) (existing FAR is 4,893 sq. ft.) and height (existing height is 41.8'). The Applicant has secured the proper building permit and pursuant to its agreement with the local community, filed the current zoning amendment application requesting that the subject property be amended to its original RT4 Residential Two-Flat, Townhouse & Multi-Unit District.
ATG Trust Company is located at One South Wacker Dr. 24th Floor Chicago, IL
I am the duly authorized attorney for the Applicant. My address is 333 West Wacker Drive, Suite 1800, Chicago, IL 60606. My telephone number is (312) 884-5067.
PLEASE NOTE THAT THE APPLICATION IS NOT SEEKING TO PURCHASE OR REZONE YOUR PROPERTY. THE APPLICANT IS REQUIRED BY LAW TO SEND YOU THIS NOTICE BECAUSE YOU OWN PROPERTY LOCATED WITHIN 250 FEET OF THE SUBJECT PROPERTY.
Very truly yours,
CHICO AND NUNES P.C.
July 10, 2013
Chairman, Committee on Zoning Room 304 - City Hall Chicago, Illinois 60602
Committee Members:
I, 'rffrcflECA McCL'Ain . of ATG Trust Company, understand that Sylvia C. Michas of Chico & Nunes, PC has filed a sworn affidavit identifying ATG Trust Company, as the Trustee of Land Trust No. TH00259 dated April 10, 1989, Applicant/Owner ofthe property located at 2219 North Fremont, Chicago, IL, who is seeking an amendment of the zoning for that property to be changed from the existing RM4.5 Residential Multi-Unit District to a RT4 Residential Two-Flat, Townhouse & Multi-Unit District.
I authorize Sylvia C. Michas and the law firm of Chico & Nunes, PC to file the Zoning Amendment Application.
I, 'AMfiFL'A McHl Any . of ATG Trust Company, being first duly sworn on oath, depose and say that ATG Trust Company holds its interest in 2219 North Fremont on behalf of the sole beneficiary of Land Trust No. TH00259 and no other person, association, or member.
v Name
Name Land Tntf Officer
Title
Subscribed And Sworn to before me this // day of C~TT/
Notary Public
OFFICIAL SEAL MAURA MANNIX NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES.05/01/16
Exoneration provision restricting sny liability of ATG Trust Company either attached on the reverse side hereof or attached hereto, is incorporated herein.
It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part ofthe Trustee while in form purporting to be warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against ATG Trust Company or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee, whether or not in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released.
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:
ATG Trust Company, as Trustee of Land Trust No. TH00259, dated April 10, 1989
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
- [)} lhc Applicant
OR
- [ | a legal entiiy 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 ihe legal name of the enlity in
which the Disclosing Party holds a right of control: <jyivtn c. mchas
C/o Chico & Nunes PC (Atty for Sole Beneficiary)
B. Business address of the Disclosing Party: 333 W. Wacker Dr. H800
Chicago, IL 60606
- Telephone: 312-884-5067 Fax: 312-463-1001 Email: sinichaa@chiconunes. com
- Name of contact person: Sylvia C' Michas (Attorney for Sole Beneficiary)
- Federal Employer Identification No. (ifyou have one):
- Brief description of contract, transaction or other undertaking (referred to below as the "Mailer") lo which ibis EDS pertains. (Include project number and location of properly, if applicable):
Zoning Amendment for the property located at 2219 N, .Premrwtrh-i^agn, jr.
- Which Cily agency or department is requesting this EDS? Department of Housing & Economic
Development (DHED)
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract if
Ver. 01-01-12
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
[ ] Limited liability company [ ] Limited liability partnership [ J Joint venture [ ] Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))?
[ ] Limited partnership
1. Indicate the nature ofthe Disclosing Party: [ ] Person [ [ ] Publicly registered business corporation [ [ j Privately held business corporation [ [ ] Sole proprietorship [ [ J General partnership (1
$3 Trust
[ ] Yes [ ] No
[ ] Other (please specify)
2. For legal entities, the slate (or foreign country) of incorporation or organization, if applicable:
NA
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?
I) Yes
[JNo
P9 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 (here are no such members, write "no members." For trusts, estates or other similar entities, lisl below the legal titleholder(s).
If the entiiy is a general partnership, limiled 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 Parly. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title ATG Trust Company Trustee
2. Please provide the following information concerning each person or enlity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Parly. 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 TKjivo^
Disclosing Party <tap<-yo*)\w\i ATG Trust Company One South Wacker Dr. #2400 100% (held in trust for benefit of
Sole Beneficiary of Land Trust No. TH00259
Chicago. IL 606Q6
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Parly had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes No
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 Ihe name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom ihe Disclosing Parly 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: (I) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any pari 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, ihe Disclosing Party musl 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.
Chico & Nunes PC Attorney .flO^OOQ estimated
333 West Wacker #1800
Chicago, IL 60606
(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 ft] No IJ No person directly or indirectly owns ! 0% 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?
[ J Yes [ ] No
- FURTHER CERTIFICATIONS
I. Pursuant to Municipal Code Chapter 1-23, Article I ("Article l")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
- The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section H.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 entiiy (federal, stale or local) with committing any of lhc 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 Parly;
- any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection wilh the Mailer, 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 Parly, or is, with the Disclosing Party, under common control of another person or enlity. 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 enlity 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 entiiy that directly or indirectly controls the Contractor, is controlled by it, or, wilh Ihe Contractor, is under common control of another person or entity;
- any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entiiy (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Parly or any Contractor nor any Agents have, during the five years before the date (his 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 ofsuch Contractor's or Affiliated Entity's contract or engagement in connection wilh 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 Cily, 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 lo 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 Entiiy or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of stale 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 Lisl and the Debarred List.
- The Disclosing Party understands and shall comply wilh 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 Parly must explain below;
NA
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 Parly who were, at any time during the 12-month period preceding the execution dale of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none"). NA
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 Ihe
12-month period preceding the execution date of this EDS, to an employee, or elected or appointed
official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything
made generally available to City employees or to the general public, or (ii) food or drink provided in the
course of official City business and having a retail value of less than S20 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,
NA
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
- The Disclosing Party certifies that the Disclosing Parly (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 lo make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified lo 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 ihe 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 enlity in the Matter?
[]Yes tfNo
NOTE: Ifyou checked "Yes" to Hem D.l., proceed to Items D.2. and D.3. Ifyou 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 thai (i) belongs lo the Cily, 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 lo lhc City's eminent domain power does not constitute a financial interest within the meaning of this Pan D.
Does the Matter involve a Cily Properly Sale?
[ ] Yes [X| No
- If you checked "Yes" to Item D.l., provide the names and business addresses ofthe Cily officials or employees having such interest and identify the nature ofsuch interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Mailer 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 lo 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 I. 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 lhc 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 wilh 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.
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 affect's the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
- The Disclosing Party certifies that either: (i) it is not an organization described in section 501 (c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has nol engaged and will not engage in "Lobbying Activities".
- If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to Ihe Cily upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[JYes [JNo 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, ihe Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ J No
- Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[J Yes [JNo
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
- The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection svith 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.citvofchicago.orfe/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 contractor 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 Cily of treble damages.
- It is the City's policy to make Ibis 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 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.I. and F.2. above and will not, without the prior written consent 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 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.
ATG Trust Company, as Trustee of Trust No. TH00259, dated April 10, 1989 (Print or type name of Disclosing Party)
By: Q~y.A Oy^f^
(Sign here) v
ANGELA McCLAlS
(Print or type name of person signing)
UrilhMlOfcw
(Print or type title of person signing)
Exoneration provision restricting any liability of ATG Trust Company either attached on the reverse sidii hereof or attached hereto, is incorporated herein.
Signed and sworn to before me on (date) 7 ' //" / J at Co <g A- Coynty, "TIL- (state).
Commission expires:_
Notary Public.
OFFICIAL SEAL MAURA MANNIX NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:0SA1/16
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 fo be completed only by (a) the Applicant, and (b) any legal entiiy 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 Parly" 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 Parly" 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 Parly, if the Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Parly is a limited liability company; (2) all principal officers of the Disclosing Parly; 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 rX] 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 ofsuch familial relationship.
Page 13 of 13
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