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Record #: O2013-5601   
Type: Ordinance Status: Passed
Intro date: 7/24/2013 Current Controlling Legislative Body: Committee on Housing and Real Estate
Final action: 9/11/2013
Title: Negotiated sale and conveyance of City-owned property at 10736 S Michigan Ave to The Blessed Child for expansion of headquarters and community services
Sponsors: Emanuel, Rahm
Topic: PROPERTY - Sale
Attachments: 1. O2013-5601.pdf
AN ORDINANCE OF THE CITY OF CHICAGO, ILLINOIS AUTHORIZING THE NEGOTIATED SALE AND CONVEYANCE OF CITY PROPERTY TO THE BLESSED CHILD AND DESIGNATING THE BLESSED CHILD AS DEVELOPER
 
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
 
WHEREAS, the City has established the Community Development Commission ("CDC") to, among other things, designate redevelopment areas, approve redevelopment plans, and recommend the sale of parcels located in redevelopment areas, subject to the approval of the City Council; and
 
WHEREAS, pursuant to an ordinance adopted by the City Council ("City Council") of the City on January 16, 2002, and published at pages 76911-77058 in the Journal of the Proceedings of the City Council ("Journal") of such date, a certain redevelopment plan and project (as amended, the "TIF Plan") for the Roseland/Michigan Redevelopment Project Area ("TIF Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1 et seg.) (the "Act"); and
 
WHEREAS, pursuant to an ordinance adopted by the City Council on January 16, 2002, and published at pages 77059-77076 in the Journal of such date, the TIF Area was designated as a redevelopment project area pursuant to the Act; and
 
WHEREAS, pursuant to an ordinance adopted by the City Council on January 16, 2002, and published at pages 77077-77093 in the Journal of such date, tax increment allocation financing was adopted pursuant to the Act as a means of financing certain TIF Area redevelopment project costs (as defined in the Act) incurred pursuant to the TIF Plan; and
WHEREAS, the City is the owner of the real property and improvements located at 10736 S. Michigan Avenue, Chicago, Illinois 60628, as legally described on Exhibit A attached hereto (the "City Property"), which is located in the TIF Area; and
 
WHEREAS, the City Property is comprised of approximately 4,029 square feet, and is improved with a one-story masonry building (the "Building"); and
WHEREAS, The Blessed Child, an Illinois not-for-profit corporation ("Blessed Child"), has submitted a proposal to the Department of Housing and Economic Development (the "Department") to purchase the City Property for One and 00/100 Dollar ($1.00), which is approximately $24,999 less than its fair market value of $25,000; and
 
WHEREAS, Blessed Child provides community outreach services, a monthly diaper giveaway, and an annual coat drive and toy giveaway; and
 
WHEREAS, Blessed Child has proposed to expand its services by renovating the Building for its permanent headquarters and for additional storage space and for other activities consistent with its community outreach mission (the "Project"); and
 
 
WHEREAS, the City is willing to convey the City Property in its "as is" condition to Blessed Child provided that Blessed Child commences construction of the Project no later than March 31, 2014, and completes the Project (as evidenced by the issuance of a Certificate of Completion) no later than September 30, 2014; provided, however, the Department, in its sole discretion, may extend the construction commencement and completion dates by up to six (6) months each (or twelve (12) months in the aggregate); and
 
WHEREAS, the Project is consistent with the purposes and objectives of the TIF Plan;
and
 
WHEREAS, Blessed Child has agreed to undertake the Project in accordance with the TIF Plan and to use the City Property as its headquarters and for activities consistent with its community outreach mission for a minimum of five (5) years after completion of the Project (the "Compliance Period"); and
 
WHEREAS, Blessed Child has also agreed that it will not directly or indirectly sell, transfer or otherwise dispose of the City Property or any part thereof or any interest therein, without the prior written consent of the Department, which consent shall be in the Department's sole discretion, during the Compliance Period; and
WHEREAS, Blessed Child has also agreed that it will not, without the prior written consent of DHED, which consent shall be in DHED's sole discretion, engage in any financing or other transaction which would create an encumbrance or lien on the City Property prior to the issuance of the Certificate of Completion; and
 
WHEREAS, by Resolution No. 13-CDC-15, adopted on May 14, 2013, the CDC authorized the Department to advertise its intention to enter into a negotiated sale with Blessed Child for the redevelopment of the City Property, approved the Department's request to advertise for alternative proposals, and approved the sale of the City Property to Blessed Child if no alternative proposals were received; and
 
WHEREAS, public notices advertising the Department's intent to enter into a negotiated sale of the City Property with Blessed Child and requesting alternative proposals appeared in the Chicago Sun-Times on June 7, 17 and 28, 2013; and
 
WHEREAS, no other responsive proposals were received by the deadline indicated in the aforesaid notices; and
WHEREAS, by Resolution No. 13-034-21, adopted on June 20, 2013, the Chicago Plan Commission approved the negotiated sale with Blessed Child for the redevelopment of the City Property; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
 
SECTION 2. Blessed Child is hereby designated as the developer for the Project pursuant to Section 5/11-74.4-4 of the Act.
 
 
SECTION 3. The City hereby approves the conveyance of the City Property to Blessed Child in its "as is" condition for the sum of One and No/100 Dollar ($1.00).
 
SECTION 4. The Mayor or his proxy is authorized to execute, and the City Clerk or the Deputy City Clerk is authorized to attest, a quitclaim deed in substantially the form attached hereto as Exhibit B conveying the City Property to Blessed Child, or to a land trust of which Blessed Child is the sole beneficiary, or to an entity of which Blessed Child is the sole controlling party or to an entity which is comprised of the same principal parties as Blessed Child.
SECTION 5. The Commissioner of the Department ("Commissioner") and a designee of the Commissioner are each hereby authorized to negotiate, execute and deliver such documents as may be necessary or appropriate to implement the provisions of this ordinance, subject to the approval of the Corporation Counsel. Such documents may contain terms and provisions that the Commissioner and his designee deem appropriate.
 
SECTION 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 7. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 8.   This ordinance shall take effect immediately upon its passage and approval.
 
EXHIBIT A
 
LEGAL DESCRIPTION OF CITY PROPERTY
 
(SUBJECT TO FINAL SURVEY AND TITLE COMMITMENT)
 
LOT 1 OF VAN WINDEN'S SUBDIVISION OF PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
 
COMMONLY KNOWN AS:      10736 S. MICHIGAN AVENUE
CHICAGO, ILLINOIS 60628
 
25-15-301-026
 
PERMANENT INDEX NO.
 
EXHIBIT B FORM OF DEED
(ATTACHED)
 
QUITCLAIM DEED
 
 
 
 
 
(The Above Space For Recorder's Use Only)
The CITY OF CHICAGO, an Illinois municipal corporation, having its principal office at 121 North LaSalle Street, Chicago, Illinois 60602 ("Grantor"), for the consideration of One and 00/100 Dollars ($1.00), conveys and quitclaims to THE BLESSED CHILD, an Illinois not-for-profit corporation, whose offices are located at 1657 West Garfield Boulevard, Chicago, Illinois 60636 ("Grantee"), all interest and title of Grantor in the real property legally described and identified on Exhibit A attached hereto ("Property"), pursuant to an ordinance adopted by the City Council of the City of Chicago
on July 24, 2013, and published at pages      through      in the Journal of the
Proceedings of the City Council of such date.
 
Without limiting the quitclaim nature of this deed, such conveyance shall be subject to:
  1. standard exceptions in an ALTA insurance policy;
  2. general real estate taxes and any special assessments or other taxes;
  3. easements, encroachments, covenants, restrictions and liens of record and not shown of record;
  4. such other title defects as may exist; and
  5. any and all exceptions caused by acts of the Grantee or its agents.
 
This conveyance is also subject to the following conditions and covenants which are a part of the consideration for the Property and which are to be taken and construed as running with the land and binding on Grantee and Grantee's successors and assigns.
FIRST: Grantee shall commence rehabilitation of the building on the Property (the "Project") no later than March 31, 2014, and shall complete the Project (as evidenced by the issuance of a Certificate of Completion) no later than September 30, 2014; provided, however, Grantor's Department of Housing and Economic Development or any successor department thereto ("DHED"), in its sole discretion, may extend the construction commencement and completion dates by up to six (6) months each (or twelve (12) months in the aggregate).
 
 
SECOND: Grantee may not directly or indirectly sell, transfer or otherwise dispose of the Property or any part thereof or any interest therein or the Grantee's controlling interests therein, without the prior written consent of DHED, which consent shall be in DHED's sole discretion.
THIRD: Grantee shall not, without the prior written consent of DHED, which consent shall be in DHED's sole discretion, engage in any financing or other transaction which would create an encumbrance or lien on the Property.
FOURTH: Grantee shall use the Property as its headquarters and for community outreach services. DHED shall have authority to release this covenant in its sole discretion upon the request of Grantee. If Grantee allows the Property to be used for any other purpose without first obtaining a release of this covenant, Grantor may reenter and take possession of the Property, terminate the estate conveyed to Grantee, and revest title to the Property in the Grantor.
 
FIFTH: Grantee shall use the Property in compliance with that certain redevelopment plan and project for the Roseland/Michigan Redevelopment Project Area ("Redevelopment Plan"), approved by ordinance adopted on January 16, 2002, and published at pages 76911 through 77093 in the Journal of the Proceedings of the City Council of such date.
 
SIXTH: Grantee shall not discriminate on the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income in the sale, lease, rental, use or occupancy of the Property or the Project or any part thereof.
 
SEVENTH: Grantee, on behalf of itself and its officers, directors, employees, successors and assigns, shall release, relinquish and forever discharge Grantor and its officers, employees, agencies, departments and officials, from and against any and all claims, causes of action, demands, legal or administrative proceedings, losses, damages, liabilities, judgments, amounts paid in settlement, interest, fines, penalties, costs and expenses (including, without limitation, reasonable attorney's fees and expenses and court costs) based upon, arising out of or in any way connected with, directly or indirectly, the structural, physical or environmental condition of the Property or any improvements thereon. Grantee acknowledges and agrees that the Property and improvements are being conveyed in their "as is," "where is" and "with all faults" condition without any covenant, representation or warranty, express or implied, of any kind, as to the structural, physical or environmental condition of the Property or improvements or the suitability of the Property or improvements for any purpose whatsoever. Grantee acknowledges and agrees that it is Grantee's sole responsibility and obligation to perform any environmental remediation work and take such other action as is necessary to put the Property and improvements in a condition which are suitable for their intended use.
The covenants numbered FIRST and THIRD shall terminate on the date Grantor issues the Certificate of Completion for the Project. The covenants numbered SECOND and FOURTH shall terminate on the fifth (5th) anniversary of the date Grantee completes construction of the Project. The covenant numbered FIFTH shall terminate on the date the Redevelopment Plan expires. The covenants numbered SIXTH and SEVENTH shall have no limitation as to time.
 
 
If Grantee fails to comply with any of the foregoing covenants and conditions, Grantor may exercise any and all remedies available to it at law or in equity, including the right to re-enter and take possession of the Property, terminate the estate conveyed to Grantee, and revest title to the Property in the Grantor, and such right, title and interest of Grantee in and to the Property shall revert to Grantor; provided, however, Grantor's right of reverter shall be limited by, and shall not defeat, render invalid, or limit in any way, the lien of any mortgage authorized by DHED.
 
(Signatures Appear on the Following Page)
 
IN WITNESS WHEREOF, Grantor has caused this instrument to be duly
executed in its name and behalf and its seal to be hereunto duly affixed and attested, by
its Mayor and City Clerk, on      , 2013.
CITY OF CHICAGO, an Illinois municipal corporation
 
 
By:      
Rahm Emanuel, Mayor
ATTEST:
Susana Mendoza, City Clerk APPROVED AS TO FORM:
 
Richard Wendy, Deputy Corporation Counsel
 
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for Cook County, in the State aforesaid, do hereby certify that Stephen R. Patton, personally known to me to be the Corporation Counsel of the City of Chicago, an Illinois municipal corporation (the "City"), pursuant to proxy on behalf of Rahm Emanuel, Mayor, and Susana A. Mendoza, the City Clerk of the City, or her authorized designee, both personally known to me to be the same people whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me, acknowledged that as Corporation Counsel and City Clerk, respectively, each person signed and delivered the foregoing instrument and caused the corporate seal of the City to be affixed thereto, pursuant to authority given by the City, as each person's free and voluntary act, and as the free and voluntary act and deed of the City, for the uses and purposes therein set forth.
 
Given under my hand and notarial seal on      , 2013.
 
 
Notary Public
THIS INSTRUMENT WAS PREPARED BY:
Frances Cahill
Assistant Corporation Counsel City of Chicago
121 North LaSalle Street, Suite 600 Chicago, Illinois 60602 (312) 744-6933
AFTER RECORDING, RETURN AND SEND SUBSEQUENT TAX BILLS TO:
 
The Blessed Child
1657 West Garfield Boulevard
Chicago, Illinois 60636
Attn: Latonya Harris, President
 
 
THIS TRANSFER IS EXEMPT UNDER THE PROVISIONS OF THE ILLINOIS REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45(b)(1); COOK COUNTY ORDINANCE NO. 93-0-27(B); AND SECTION 3-33-060(B) OF THE MUNICIPAL CODE OF CHICAGO.
 
 
EXHIBIT A
 
LEGAL DESCRIPTION OF PROPERTY
 
LOT 1 OF VAN WINDEN'S SUBDIVISION OF PART OF THE WEST 1/2 OF THE SOUTHWEST % OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
 
COMMONLY KNOWN AS:      10736 S. MICHIGAN AVENUE
CHICAGO, ILLINOIS 60628
 
25-15-301-026
 
PERMANENT INDEX NO.
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
 
SECTION I -- GENERAL INFORMATION
  1. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
~7%X /5/esseJ nJjJ      
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
  1. bfl the Applicant
^OR
  1. [] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:      
OR
3.      [ ] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:      
  1. Business address of the Disclosing Party:      -   (#&£f/&rl^O -
  1. Telephone: 7/73.fo£,33^: ^^5^^Emair^^^^^^
  2. Name of contact person: _
 
E. Federal Employer Identification No. (if you have one):
  1. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
  2. Which City agency or department is requesting this EDSV?)ty>^ tf /^>^S/Akjt>      , 2)&\^cfM&tft
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
. i A      ' /
Specification #             hjfT            and Contract #
 
Ver. 01-01-12
 
 
Page 1 of 13
 
 
SFX.'TiON II -
- DISCLOSURE OP OWNERSHIP INTERESTS
 
 
A- NATURE Or THE DISCLOSING PARTY
 
I     Indicate Ihe nature o!''lie Disclosing Party
j J Person      [ ] limited liability company
[] 'Publicly registered business corporation      [] Limited liability partnership
f ] Privately held business corporation      | ] Join! venture
j ] Sole propiietiush:!'      t*^ Not-foi'-piofi; corporation
[ | General partnership      (Is Ihe not-for-profit corporation also a 50 licit.'i
[ j Limited partnership      J^Ves      I | No
| ) Trust      ! | i>t• ier i p 1 e:isc spec11"y)
  1. For legal entities, die sla:c (or foreign country') of incorporation or organization, if applicable:
  2. l:or legal entities nol organized in the Suite of Illinois: i his the organisation rejiistcted to do business in the Stale ol Illinois ;ts n foreign ertily'.'
■} Yes      | 1 No XN'A
B. IF THE DISCLOSING PAR TY IS A LEGAL !• N I I f Y:
1.      L isl below die full names and titles of a-l executive office rsi and all directors of the entity.
NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. Ii
there are no such members, write "no members." For trusts, estates or iirher similar entities, list below
the legal titleholder(si-
ll 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 tithe: peisoii or enlily lhal controls the d;iy-:o-d;iy management of ihe Disclosing Party NOTE: bach legal entity listed below must submit an EDS on its own behalf
 
N*ime      .,      .      Title      .•      /   / -
L-fT/b^y/}    /f/)£e/<>      f-^s^^r/       
 
 
 
 
 
 
2.      Please provide the following information concerning each person or enlity having a direct or
indirect beneficial interest (including ownership) in excess oi'7.5% of the Disclosing Patty, i xamplcs
of such an interest meludc shares in a corporation, partnership i tile rest in a partnership or joint venture
 
 
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate'or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
 
Name      Business Address      Percentage Interest in the
Disclosing Party
 
 
 
 
 
 
 
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 of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
 
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
 
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
 
 
 
 
 
Page 3 of 13
 
 
Name (indicate whether     Business       Relationship to Disclosing Party   Fees (indicate whether
retained or anticipated       Address       i.stibc-i.inlraclor. attorney,      paid or estimated.) NOTE;
to be retained)      lobbyist, etc.)      "hourly rate" or "t.b.ri," is
not an acceptable response.
 
(Add sheets if necessary)
\ j Cheek here if the Disclosing Parly has no'; retained, nor expects to retain, any such persons or entities. SECTION V -- CERTIFICATIONS
  1. COURT-ORDERED CHILD SUPPORT COMPLIANT:!'-.
 
Under Municipal Code Section 2-92-- i 5. substantia I owners of business entities that contract with the City must remain in compliance w ith their child support obligations throughout the contract's term.
 
Has any person who directly or indircctiy owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
f ] Yes      1 J No      JJ^No pet son directly or indirectly owns 10% or more of the
Disclosing Patty.
 
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
 
i ] Yes      [ ] No
  1. FURTHER CERTll-lCATIONS
 
I.   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 fellow's: |i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of or has evci been convicted of. or placed -under supervision for. any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article 3 is a continuing requirement for doing business with the City. NOTE: If Article I applies to ihe Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.
 
 
Page -1 of ! <
 
  1. 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:
    1. 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;
    2. 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;
    3. 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;
    4. 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
    5. 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.
  1. The certifications in subparts 3, 4 and 5 concern:
  • the Disclosing Party;
  • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
  • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
  • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
 
 
Page 5 of 13
 
 
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party ■ or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
    1. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
    2. 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
    3. 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
  1. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
  1. 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.
  2. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
  3. 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.
  4. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
 
 
 
      ii
TT
 
 
 
Page 6 of 13
 
 
If (he Iv Hers "NA," the word "'None." or no response appears ou'tbe lines above, m will be. conclusively presumed tnat die Disclosing Parry certified to the above statements.
 
8.   To the best of the Disclosing Party's knowledge after reasonable inquiry, the follow in* <s a complete lisi of all current employees of the Disclosing Party who were, at any time during the 17-month period preceding the execution date of this 'EDS, an employee, or elected or appointed official, of the C ity of Chicago (i f none, indicate with "N/A" or "none").
 
.:.::::N0^.:.:: .:      :::      : ;
9.   To the best of the .Disclosing Party'.? knowledge after reasonable inquiry, the following is a complete list of all gifts lhal the Disclosing Party'has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS. to an employee, or elected or appointed official, of the City of Chicago, for purposes of ihis statement, a '"iiift" docs not include: Ci'i anything made generally available to City employees or to Ihe. general public, or in: 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 die City recipient.
 
N/4":::zz::::::::::::::./: :.:...:.::::::='=
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
!.   The Disclosing Party certifies that the Disclosing Party (cheek or.c)
[' | i s      h/f .is not
a "Financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
2.   If the Disclosing Party IS a financial institution, then the Disclosing Parry pledges:
"Wc arc not and will not become u predatory lender as defined in Chapter 2-32 of the Municipal Code. Wc further pledge thai none of our affiliates is, and none of them will become, a predatory lender a.s defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate uf a predatory lender may result in the loss of the privilege of doing business with the City."
 
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455{b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
 
 
 
 
Page 7 of i 3
 
 
If the letters "NA." the word "None." or no response appear* on the lines above, n will be conclusively presumed thai Ihe Disclosing Party certified lo llie abu^e statements.
 
D. Cl: R IS Fl CATION REGARDING INTEREST IN CITY RUSINFSS,
 
Any words or terms that are defined in Chapter 2-1 56 of ihe M unicipal Code have the .same meanings when used in this Pari D.
  1. In accordance with Section 2-156-110 of the Municipal Code; Docs any official or employee of the City have a financial iniercsi in his or her own name or in :he name of any other' person or entity in the Mafter':''
M Vcs
 
NOTE: If you checked "Yes" to hem D.l., proceed to Hems D.2. and D.3. If you cheeked "No" to Item D.l., proceed to Pan E.
  1. Unless sold pursuant to a proeess-of competitive bidduiu. of o?hervvise permitted, no City electee official or employee shall have a finatieiai iniercsi 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 to the City, or (ii) is sold for raxes or assessments, or (iii) is sold by virtue of legal process si the suit of the City icollectively, "City Property Sale"). Compensation for property taken pursuant lo die City's eminent domain powe does not constitute a financial interest within the meaning of-his Part D.
 
Does the Matter involve a City Properly Sale?
 
IM'es      [ } No
  1. If you checked "Yes" lo Item D. l provide the names and business addresses of the City officials or employees having such interest and identify (he nature of si:eh interest:
 
Business Address      Naiure of Interest
Name
 
 
 
 
 
 
4. Thi- Disclosing Party further, certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
 
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
 
Please check cither I. or 2. below. If the Disclosing Party checks 2 the Disclosing Parly must disclose below or in an attachment to this LDS all information required by paragraph 2. Failure 10
Page 8 of ] 3
 
 
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City. ,*
V    I. The Disclosing Party verifies that the Disclosing Party has searched any and ad records of the Disclosing Party and any and all predecessor entities regarding records of investments or profit:-from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders ilia? 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 thai, as a result of conductine Ihe search iti step 1 above, the 'Disclosing Parly has found records of investments or profits from shivery 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 FEDERAL! V KUM)EI> MATTERS
 
NOTE: If the Matter is federally funded, complete this Section VI. If the Mailer 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 uf the City are not federal funding.
 
A. CERTIFICATION REGARDING LOHBYING
 
1.   List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of IM9s who have made lobbying contacts on behalf of the Disclosing Party wilh respect to Ihe Matter: (Add sheets if necessary):
 
 
 
 
(If no explanation appears or begins on the lines above, or if 1he letters "NA" or tf the word "None'' appear, it w ill be conclusively presumed that the Disclosing Party means that NO persons or entities registered under Ihe l obbying 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 enlity 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 de-lined 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 eon tract, grant, loan, or cooperative agreement.
Page 9 of 13
 
  1. . The Disclosing Parly wij| submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l and A.2. above.
  2. The Disclosing Party certifies that either: (i) it is not an organization descrihed ir. section 501(c)(4) of the Internal Revenue Code of l!>86; or (ii) it is an organization descrihed in section 501(c)!4') of the Interna! Revenue Code of I98f» but has not engaged and will not engage in "Lobbying Activities".
 
5.      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 befoje ii awards any
subcontract and the Disclosing Party must maintain ail 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 EM'PI OY'MENT OPPORTUNITY
 
.If the Mailer is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit (he following information with their bids or in writing at the outset or negotiations.
Is the Disclosing Parly the Applicant?
[ J Yes      | 1 No
If "Yes," answer the three questions below:
!,   Have you developed and do you have on file affirmative action-programs pursuant to applicable
federal regulations? (Sec 41 CFR Pari 60-2.)
[ ] Yes      [1 No
  1. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
| | Yes      f ) No
  1. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
| j Yes      f | No
 
If you checked "No" lo question i. or 2. above, please provide an explanation:
 
 
 
 
Page I Oof 15
 
 
SECTION VII-- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
 
The Disclosing Party understands and agrees that:
  1. 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.
  2. 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.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.
 
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
  1. 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.
  2. It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
 
E.      The information provided in this EDS must be kept current. In the event of changes, the Disclosing
Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
 
The Disclosing Party represents and warrants that:
 
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.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
 
NOTE: If the Disclosing Party cannot certify as to any of the items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
 
CERTIFICATION
 
Under penalty of 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.
 
 
 
 
 
 
(Print or type title of person signing)
 
S__ (state).
 
Notary Public.
Commission expires:
 
 
 
 
 
 
"OFFICIAL SEAL" Matthew Adams
Notary Public, State of Illinois Cook County v Commission Expires May 31,2016
 
Page 12 of 13
 
 
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
 
 
 
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
 
 
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
 
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
 
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section HB.1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
 
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
 
 
[ ] Yes
 
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
 
 
 
 
 
 
 
 
 
 
 
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