CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
City HallSecond Floor 121 North LaSalle Street Chicago, Illinois 60602 telephone: 312-744-4096
FAX: 31 2-744-81 55
committee memberships
Transportation & Public Way (Chairman)
Budget and Government Operations
Education and Child Development
Finance
Public Safety
Workforce Development and Audit
ANTHONY A. BEALE
-i Alderman, 9th Ward
34 East 11 2th Place
Chicago, Illinois 60628 telephone: (773) 785-1100
Fax: (773) 785-2790
September 4, 2013
To the President and Members of the City Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body pass A proposed vacation of the northernmost 496' of North Kenmore Avenue between West Sheridan Road and West Rosemont Avenue in the 48th Ward. This ordinance was referred to the Committee on July 24, 2013.
This recommendation was concurred unanimously by a viva voce vote of the members of the Committee with no dissenting vote.
8
(Ward 4
tted,
Respectfully submi
Antho^^*"'
Chairman
NOT FOR PROFIT ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, 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, many Not For Profit Corporations own property that adjoins streets and alleys that are no longer required for public use and might be more productively be used in furtherance of such activities; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by providing support for such charitable, educational and philanthropic activities; and
WHEREAS, the City can promote strong communities by facilitating services to the public, and increase the City's job base through the vacation of public street(s) and/or alley(s) for no compensation; and
WHEREAS, the properties commonly known as 6310-6358 and 6311-6359 N. Kenmore Avenue, are owned by Loyola University of Chicago, an Illinois Not For Profit Corporation ("Loyola University of Chicago"), or related entities quit claiming interests to Loyola University of Chicago, an Illinois Not For Profit Corporation; and
WHEREAS, Loyola University of Chicago, uses the adjacent lots for academic
purposes; and
WHEREAS, Loyola University of Chicago proposes to use the portion ofthe public street to be vacated herein for the creation of a unified, landscaped open campus; 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 the vacation of parts of public street described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. THAT PART OF NORTH KENMORE AVENUE, 66.00 FEET WIDE, IN COCHRAN'S SECOND ADDITION TO EDGEWATER, SAID ADDITION BEING A SUBDIVISION OF THE EAST FRACTIONAL HALF (EXCEPT THE WEST 1320 FEET OF THE SOUTH 1913 FEET AND EXCEPT RAILROAD) OF SECTION 5,TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED DECEMBER 21, 1888 AS DOCUMENT 1042704, LYING NORTH OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 15 IN BLOCK 2 IN COCHRAN'S SECOND ADDITION AFORESAID TO THE SOUTHEAST CORNER OF LOT 10 IN BLOCK 3 IN COCHRAN'S SECOND ADDITION AFORESAID, AND LYING SOUTH OF
Page 1
A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 24 IN SAID BLOCK 2 TO THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 3, AND LYING EAST OF AND ADJOINING THE EAST LINE OF LOTS 1 TO 10, INCLUSIVE, IN SAID BLOCK 3, AND LYING WEST OF AND ADJOINING THE WEST LINE OF LOTS 15 TO 24, INCLUSIVE.IN SAID BLOCK 2, IN COOK COUNTY, ILLINOIS as shaded and legally described by the words "HEREBY VACATED" on the drawing hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacations.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept and approve a redevelopment agreement or similar instrument restricting the use and improvement of the public way vacated in Section 1 of this ordinance to social service purposes which includes, but shall not be limited to the creation of a landscaped campus mall, walkway and green open space to be integrated into Loyola University of Chicago's southern campus, and for such use and improvements that are accessory, as that term is defined in the Chicago Zoning Ordinance, to such social service purposes, such uses and improvements to be owned and operated by a non-profit corporation, subject to the approval of the Corporation Counsel as to form and legality. The restriction on use and improvement in the covenant, agreement or instrument shall be for a term of 40 years and upon breach of such restriction the public way herein vacated shall revert to the City and be subject to the terms and conditions of the dedication by which it has been heretofore held by the City.
SECTION 3. The City of Chicago hereby reserves the area herein vacated, as a right of way for existing Water Department sewers and sewer structures, for the installation of any additional sewers, sewer structures and appurtenances now located,or which in the future, may be located in the street as herein vacated, and for the maintenance, renewal and reconstruction of such facilities. It is also provided that, the City shall have 24 hour access to the area to be vacated; that no buildings or other permanent structures shall be erected on said right of way herein reserved, or other use made of said area, which in the sole discretion and judgment of the respective municipal officials having control of the aforesaid service facilities, would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities; and that all sewers structures shall be exposed to grade. It is further provided that any Loyola University of Chicago-prompted adjustments to sewer facilities in the area to be vacated, and the repair, renewal or replacement of any private materials or property damaged in the area to be vacated as a result of the City exercising its easement rights, shall be done/replaced at the expense of Loyola University of Chicago.
SECTION 4. The City of Chicago hereby reserves the street as herein vacated, as a right of way for an existing Water Department main and appurtenances thereto, and for the installation of any additional water mains and appurtenances which in the future may be located in the street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected on the said right of way herein reserved or other use made of said area, which in the judgment ofthe municipal officials having control ofthe aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities. It is further provided that any vacation-beneficiary prompted adjustments to water facilities in the area to be vacated, and the repair, renewal or replacement of any private
Page 2
materials, or private property damaged in the area to be vacated as a result of the City i exercising its easement rights shall be done at the beneficiary's expense.
SECTION 5. The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Co. an easement to operate, maintain, repair; renew and replace existing underground facilities and to construct new facilities in all of the area to be vacated, with the right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Co. or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal, or replacement of said facilities, or the construction of additional facilities. Any future vacation- beneficiary prompted relocation of Peoples Gas facilities lying within the area being vacated will be accomplished by Peoples Gas, and done at the expense of beneficiary of the vacation.
SECTION 6. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, Loyola University of Chicago shall deposit in the City Treasury of the City of Chicago, a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb at the entrance to that part of the street hereby vacated, similar to the adjacent and contiguous sidewalk and curb.
SECTION 7. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, Loyola University of Chicago shall file or cause to be filed for record in the Office ofthe Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a redevelopment agreement complying with Section 2 of this ordinance, and approved by the Corporation Counsel, and the attached drawing.
SECTION 8. This ordinance shall take effect and be in force from and after its passage. The vacation shall take effect and be in force from and after its/ecording.
Vacation
Gabe Klein Commissioner of Transportation
Approved as to Form and Legality
Honorable Hprry^osterman Alderman, 48th Ward
Page 3
EXHIBIT "A"
PLAT OF VACATION
PART OF NORTH KENMORE AVENUE TO BE VACATED
W. SHERIDAN
150'R
(Right-of-Way = 66'R.)
Ice
150'R.
150'R.
W. ROSEMONT
R. = RECORD
150'R. (Right-of-Way = 66'R.)
RD.
150'R.
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CDOT# 05-48-13-3602
PREPARED FOR: LOYOLA UNIVERSITY OF CHICAGO 820 N. MICHIGAN AVE., SUITE 750, CHICAGO, IL.60611
^ NATIONAL SURVEY SERVICE, INC.
10 2013 "ALL RIGHTS RESERVED" SCALE: 1 "=100'
SURVEY NO. N-129085 VACATION North DATE: JULY 1. 2013 THIS INSTRUMENT PREPARED BY:
NATIONAL SURVEY SERVICE, INC.
PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE. SUITE 200 CHICACO. ILLINOIS 60603
TEL: 312-630-9480 FAX: 312-630-9484
PAGE 1 OF 3
CIVIL 3D PROJECTS/N1 29085/9085North.DWG/Layout:Pog«1 CD-26
EXHIBIT "A"
PLAT OF VACATION
PART OF NORTH KENMORE AVENUE TO BE VACATED
14-05-201 14-05-201 14-05-201 14-05-201 14-05-201 14-05-201 14-05-201 14-05-202 14-05-202 14-05-202 14-05-202 14-05-202 14-05-202 14-05-202 14-05-202 Part of 14
LEGEND
"A"
COCHRAN'S SECOND ADDITION TO EDGEWATER, SAID ADDITION BEING A SUBDIVISION OF THE EAST FRACTIONAL HALF (EXCEPT THE WEST 1320 FEET OF THE SOUTH 1913 FEET AND EXCEPT RAILROAD) OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED DECEMBER 21, 1888 AS DOCUMENT 1042704.
"M"
DEDICATION FOR PUBLIC STREET.
RECORDED MAY 25, 1982 (81-747) AS DOCUMENT
26239756.
LINE TYPES USED: LOT LINES
STREETS AND ALLEYS
011 -017-■018--019-■022-■023--024--001 ■ 002--003--004 ■ 005-006-007-I-008 ■
AFFECTED P.I.N.'S AND CORRESPONDING LOT #S:
LOT 1 AND LOT 2 IN BLOCK 3 IN "A" LOT 8 IN BLOCK 3 IN "A" LOT 9 IN BLOCK 3 IN "A" LOT 10 IN BLOCK 3 IN "A" LOT 7 IN BLOCK 3 IN "A"
LOT 23 IN BLOCK 2 IN ' LOT 22 IN BLOCK 2 IN ' LOT 21 IN BLOCK 2 IN ' LOT 20 IN BLOCK 2 IN ' LOT 19 IN BLOCK 2 IN'
LOT3 AND 4 AND PART OF LOT 5 IN BLOCK 3 IN "A" LOT 6 AND PART OF LOT 5 IN BLOCK 3 IN TV-LOT 24 IN BLOCK 2 IN "A" A" "A" "A" "A" 'A"
LOT 18 AND PART OF LOT 17 IN BLOCK 2 IN "A" LOT 16 AND PART OF LOT 17 IN BLOCK 2 IN "A"
05-202-009 - LOT 15 IN BLOCK 2 IN "A"
NOTE:
AFFECTED P.I.N.s INFORMATION IS BASED ON 2007 COOK COUNTY, ILLINOIS TAX MAP AND COOKVIEWER.COM SERVICE.
LIMITS OF VACATION
TRAFFIC FLOW DIRECTION
NOTES:
1. ALL DISTANCES AND BEARINGS SHOWN HEREON ARE MEASURED UNLESS SHOWN OTHERWISE.
- THE BASIS OF BEARINGS IS ASSUMED.
- DATE OF COMPLETION OF FIELD WORK: JANUARY 15, 2013
4. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL
PARTS THEREOF.
- NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT.
- NO LOT CORNERS WERE SET OR FOUND.
CDOT# 05-48-13-3602
PREPARED FOR: LOYOLA UNIVERSITY OF CHICAGO 820 N. MICHIGAN AVE., SUITE 750, CHICAGO, IL.60611
NATIONAL SURVEY SERVICE, INC. 2013 "ALL RIGHTS RESERVED"
ZONING INFORMATION (REFLECTS ALL ORDINANCES PASSED IN THE MOST RECENT CITY COUNCIL MEETING):
ZONE PD-34 (PLANNED DEVELOPMENT DISTRICT): THE FOLLOWING TAX PARCELS AND ADJOINING HALVES OF HEREBY VACATED NORTH KENMORE AVENUE ARE INCLUDED IN ZONE PD-34:
14-05-201-011, 14-05-201-017, 14-05-201-018, 14-05-201-019, 14-05-201-023, Part of 14-05-202-009 (Lot 15 only)
ZONE RM-5 (RESIDENTIAL MULTI-UNIT DISTRICT): THE FOLLOWING TAX PARCEL AND ADJOINING HALF OF HEREBY VACATED NORTH KENMORE AVENUE ARE INCLUDED IN ZONE RM-5:14-05-201-024.
ZONE RM-6 (RESIDENTIAL MULTI-UNIT DISTRICT): THE FOLLOWING TAX PARCELS AND ADJOINING HALVES OF HEREBY VACATED NORTH KENMORE AVENUE ARE INCLUDED IN ZONE RM-6:
North DATE: JULY 1, 2013
14-05-201-022, 14-05-202-001,14-05-202-002, 14-05-202-003, 14-05-202-004, 14-05-202-005, 14-05-202-006, 14-05-202-007 14-05-202-008.
SURVEY NO. N-129085 VACATION-THIS INSTRUMENT PREPARED BY:
PAGE 2 OF 3
NATIONAL SURVEY SERVICE. INC.
PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE. SUITE 200 CHICAGO. ILLINOIS 60603
TEL: 312-630-9*80 FAX: 312-630-9484
CIVIL 3D PROJECTS/N129085/9085-North.DWG/Layout:Pag«2 CD-26
EXHIBIT "A"
PLAT OF VACATION
PART OF NORTH KENMORE AVENUE TO BE VACATED:
THAT PART OF NORTH KENMORE AVENUE, 66.00 FEET WIDE, IN COCHRAN'S SECOND ADDITION TO EDGEWATER, SAID ADDITION BEING A SUBDIVISION OF THE EAST FRACTIONAL HALF (EXCEPT THE WEST 1320 FEET OF THE SOUTH 1913 FEET AND EXCEPT RAILROAD) OF SECTION 5, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED DECEMBER 21,1888 AS DOCUMENT 1042704, LYING NORTH OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 15 IN BLOCK 2 IN COCHRAN'S SECOND ADDITION AFORESAID TO THE SOUTHEAST CORNER OF LOT 10 IN BLOCK 3 IN COCHRAN'S SECOND ADDITION AFORESAID, AND LYING SOUTH OF A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 24 IN SAID BLOCK 2 TO THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 3, AND LYING EAST OF AND ADJOINING THE EAST LINE OF LOTS 1 TO 10, INCLUSIVE, IN SAiD BLOCK 3, AND LYING WEST OF AND ADJOINING THE WEST LINE OF LOTS 15 TO 24, INCLUSIVE, IN SAID BLOCK 2, IN COOK COUNTY, ILLINOIS.
TOTAL AREA = 32,770 SQUARE FEET OR 0.7523 ACRES MORE OR LESS
STATE OF ILLINOIS)
)SS
COUNTY OF COOK )
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
NATIONAL SURVEY SERVICE, INC., A CORPORATION OF THE STATE OF ILLINOIS, LICENSE NO. 184.002780, EXPIRES: 04/30/2015 DOES HEREBY CERTIFY THAT THIS PLAT HAS BEEN PREPARED USING PREVIOUS SURVEY DATA MEASURED JANUARY 15,2013 UNDER THE DIRECTION OF AN ILLINOIS PROFESSIONAL LAND SURVEYOR FOR THE PROPERTY DESCRIBED IN THE CAPTION ABOVE.
I, MICHAEL D. RAIMONDI, AN ILLINOIS PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT OF VACATION DESCRIBED IN THE CAPTION ABOVE FOR THE PURPOSE OF VACATING THE SAME AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION THEREOF AND THIS PROFESSIONAL SERVICE CONFORMS TO CURRENT ILLINOIS MINIMUM STANDARDS FOR A PLAT OF VACATION.
CHICAGO, ILLINOIS JULY1 A.D. 2013 ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 2993
CHICAGO,.
_,A.D.2013
JULY 1
NATIONAL SURVEY SERVICE, INC.
ATTEST:
★★★★★★I ~i
SEAL
g "^/PROFESSIONAL*^- g ~! + I LAND § + ! 8 SURVEYOR 8 STATE OF
ILLINOIS y . #
'Cago
MY LICENSE EXPIRES 11/30/21
PAGE 3 OF 3
CDOT# 05-48-13-3602
PREPARED FOR: LOYOLA UNIVERSITY OF CHICAGO 820 N. MICHIGAN AVE., SUITE 750, CHICAGO, IL.60611
©
NATIONAL SURVEY SERVICE, INC. 2013 "ALL RIGHTS RESERVED"
SURVEY NO. N-129085 VACATION-North DATE: JULY 1, 2013 THIS INSTRUMENT PREPARED BY:
NATIONAL SURVEY SERVICE, INC.
PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE, SUITE 200 CHICAGO, ILLINOIS 60603
TEL: 312-630-B460 FAX: 312-630-9484
CIVIL 3D PROJECTS/N129085/9085-North.DWG/Layout:Pag«3 CD-26
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: Loyola University of Chicago
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
- 03 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. [] alegalentity 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:
- Business address ofthe Disclosing Party: 820 N. Michigan Avenue, Suite 1500
Chicago, IL 60611
- Telephone: 312-915-6403 Fax: 312-915-6414 Email: wmagdzi@lrjc.edu ,
- Name of contact person: Wayne Magdziarz
- Federal Employer Identification No. (if you have one): _
- Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project mimber and location of property, if applicable):
G. Which City agency or department is requesting this EDS? Chicago Department of Transportation
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
[ ] Person [ ] Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
[ ] Privately held business corporation [ J Joint venture
[ ] Sole proprietorship [X] Not-for-profit corporation
[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
[ ] Limited partnership [ ] Yes [ ] No
[] Trust [] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois not-for-profit corporation
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 .D3 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 ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
See Exhibit A, attached hereto and made part hereof. __
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
1
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party.
Not Applicable
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 ^No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount 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 tie Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
.Name (indicate whether Business Relationship to Disclosing Party ■ Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
[)3 Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
- COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No p§ No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[]Yes []No
- FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee 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 Lapplies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
> .2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section II.B.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
. e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
3. The certifications in subparts 3, 4 and 5 concern:
- the Disclosing Party;
- any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
- any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
- any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party _ or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
-
- bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
- agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
- made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
- violated the provisions of Municipal Code Section 2-92-610 (Living "Wage Ordinance).
- Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging-in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
- Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department ofthe Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
- The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
- If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
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If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best ofthe Disclosing 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, ofthe City of Chicago (if none, indicate with "N/A" or "none").
Steven Holler (until December 2012)
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include:-(i) anything made generally available to City employees or to the general 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 Pf is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
- If the Disclosing PartyJS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined' in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
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):
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I-f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
- In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[]Yes -l&No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.L, proceed to Part E.
- Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
- If you checked "Yes" to Item D.L, provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. 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
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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.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
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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 infonnation set forth in paragraphs A.l. and A.2. above.
- The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
- If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following infonnation with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[] Yes [ ] No
If "Yes," answer the three questions below:
- Have you developed and do' you have on file affirmative action programs pursuant, to applicable federal regulations? (See 41 CFR.Part 60-2.)
[]Yes []No
- Have you filed with the Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[]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 ordinance's.
- If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
- It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
- The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. 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 offerees)? the4.»foTOaj^yPXOvided herein regarding eligibility must be kept current for a longer period, as required by Clibter- >L?23=and "S"ectic1h 2-154-020 ofthe Municipal Code.
The Disc^ling-Party?represents and warrants that:
v-=w.,-,.,, ,iV, J?
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 Pat ty 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 ofthe City, use any such contractor/subcontractor that docs not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, 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.
LOYOLA UNIVERSITY OF CHICAGO
ui i-yy^ name; vji ui
(Print or type name of Disclosing Party) By:
WAYNE MAGDZIARZ
(Print or type name of person signing)
Sr. V.P for Capital Planning and Campus Management (Print or type title of person signing)
Cook
at
July 9, 2013
Signed and sworn to before me on (date)
County, Illinois (state).
Notary Public.
ommission expires:
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\ "OFFICIAL SEAL" i Jennifer Marcucci
I My'SSnSstaS'S,8te °f ,Uln0,S
«
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 ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section JJ.B.l.a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, 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 [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title ofthe 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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»
EXHIBIT A
OFFICERS of
LOYOLA UNIVERSITY CHICAGO June 7, 2013*
LOYOLA
UNIVERSITY CHICAGO
Preparing people lo lead extraordinary lives
Elected to a 3 Year Term which Expires in June of 2016
Robert L. Parkinson, Jr. Chairman of the Board
Sr. Mary Ann Zollmann, B.V.M. Vice Chairman of the Board
Elected to a 1 Year Term which Expires in June of 2014
Michael J. Garanzini, S.J. President and CEO
Richard L. Gamelli, M.D. Senior Vice President and Provost for Health Sciences
John P. Pelissero Provost
Philip D. Hale Vice President for Government Affairs
Jonathan R. Heintzelman Senior Vice President for Advancement
Emilio Iodice Vice President, Director John Felice Rome Center
Thomas M. Kelly Senior Vice President for Administrative Services and Chief Human Resources Officer
I
Robert D. Kelly Vice President for Student Development
William G. Laird Senior Vice President for Finance and CFO
Wayne Magdziarz Senior Vice President for Capital Planning and Campus Management
Susan Malisch Vice President and Chief Information Officer
Ellen Kane Munro Senior Vice President and General Counsel and Secretary
Kelly Shannon
Vice President for University Marketing and Communication
Pamela G. Costas Assistant Secretary
Eric C. Jones Treasurer
* Officers elected at this meeting shall take office immediately following the meeting
Mr. Pa trick arbor
Director
Shatkin Arbor, Inc.
MR. ROBERT M. BEAVERS, JR.
Chairman & CEO Beavers Holdings
Mr. James P. Bouchard
Chairman & CEO Esmark, Inc.
Mr. William A. Brandt, Jr.
President and CEO Development Specialist, Inc. - DSI
Michael J. Carbon, M.D.
Retired Vice President and CEO Nephrology Associates
Mr. Ronald E. Daly
Retired CEO Oce
MR. CHARLES \V. DENNY
Retired Chairman & CEO Schneider North America Group
Rev. Christopher J. Devron, S.J.
President
Christ the King Jesuit College Prep
Mrs. Mary Judith Duciiossois Rev. Paul J. Fitzgerald, S.J.
Sr. V.P. for Academic Affairs Fairfield University
Rev. Michael J. Garanzini, S.J.
President and CEO Loyola University Chicago
REV. THOMAS P. GREENE, S.J.
Secretary for Social & International Ministries, Jesuit Conference, USA
Mr. John J. Haktman
President
Rise Group, LLC
Mr. Marvin Herman
Architect
Marvin Herman & Associates
Mr. Patrick J. Kelly
CEO
Resource One
MR. WILLIAM G. KISTNER
Vice President Internal Audit Northwestern Memorial Hospital
LOYOLA UNIVERSITY CHICAGO TRUSTEES AND THEIR AFFILIATIONS
June 7,2013
Mr. William C. Kunkler, III
Executive Vice President CC Industries Inc.
Mr. Patrick C. Lynch
President
Chicago Equity Partners, LLC
Mr. Barry McCabe
President Emeritus Hometown America
Rev. Patrick McGrath, S.J.
President Loyola Academy
Mr. Carlos Montoya
President & CEO AztecAmerica Bank
Mr. Allan J. Norville
President
Financial Associates, Inc
Mr. Robert L. Parkinson, Jr.
(CHAIR)
Chairman & CEO Baxter International
Rev. Scott R. Pilarz, S.J.
President
Marquette University
Mr. Michael R. Quinlan
Chairman Emeritus McDonald's Corporation
MR. RICHARD L. RODRIGUEZ
Vice President and Business Dev. Director Lend Lease
Dr. Judith A. Scully
Professor Emeritus Loyola University Chicago
Mr. Michael D. Searlf.
Private Investor
Ms. Smita N. Shah
President
SPAAN Technologies, Inc.
Ms. Susan Sher
Exec. VP for Corp. Strategy and Public Affairs Sr. Advisor to the President of the University University of Chicago Medical Center
Mr. Raymond F. Simon
Chairman
Helen Brach Foundation
Mr. George Andrews Smith
CEO
L&B Realty Advisors, LLP
MR. BRIAN K. SPEERS
Sr. Vice President - Investments
Merrill Lynch, Pierce, Fenner & Smith Inc
MRS. CYNTHIA STARK
Owner, Life Coach
Oak Brook Racquet and Fitness Club
Ms. Joan E. Steel
Founder and President Alpha Wealth Advisors, LLC
Mrs. Jackie Taylor Holsten
Senior Vice President, General Counsel Holsten Real Estate Development Corp.
Ms. Mary Tolan
Founder & Chairman Accretive Health
Sr. Mary Ann Zollmann, B.V.M. (Vice chair)
Former President
Sisters of Charity of the Blessed
Virgin Mary