COMMERCIAL 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 properties at 1501-1513 and 1461-1433 S. Racine Avenue, 1501-1513, 1500-1512, 1461-1433 and 1460-1432 S. Aberdeen Street, 1500-1512 and 1450-1458 S. Morgan Street, 2-68, 74-116, 1-67 and 69-115 W. 15th Street, and 117-167 and 169-215 W. 14th Place, are owned or controlled by University Commons Master Association, an Illinois not-for-profit corporation, (as authorized pursuant to an Easements, Covenants and Restrictions for the University Commons Master Association recorded April 25,2005 with the Cook County Recorder of Deeds as Document Number 0511519017, as amended from time to time), and 70-72 W. 15th Street, owned by HC Realty, LLC, an Illinois limited liability company (together, the "Properties"); and
WHEREAS, University Commons Master Association and HC Realty, LLC propose to use the portion of the streets and alleys to be vacated herein for benefit and use to the respective constructed residential developments (the "Residential Developments"); and
WHEREAS, pursuant to an ordinance dated July 27, 2005 and published in the City Council Journal of Proceedings at pages 54211 through 54216 (the "2005 Vacation Ordinance"), certain public rights of way were vacated (the "Original Vacated Parcels") to Chicago University Commons, L.L.C. (the "Developer"), forthe benefit and use by the Residential Developments, and compensation paid to the City in the amount of Two Million Four Hundred Twelve Thousand and no/100 Dollars ($2,412,000.00); and
WHEREAS, subsequent to the recording of the 2005 Vacation Ordinance, the City and Developer engaged in continuing negotiations concerning: (1) the vacation of certain additional public right of way that needed to be vacated for the Residential Developments; (2) the additional compensation to be made in connection therewith; and (3) any off-set to be provided to the Developer against such additional compensation in consideration of the Developer's construction of new public right of way and public improvements; and
WHEREAS, in or about 2007, the Developer acquired, rezoned, and developed, pursuant to Residential Planned Development 873, as amended ("PD 873"), the former South Water Market site for the construction of the Residential Developments; and
WHEREAS, in order to meet the construction and Residential Developments unit delivery deadlines, the Developer proceeded to construct the Residential Developments on the Properties and public rights of way (the "Rights of Way") located within or adjacent to the Properties; and
WHEREAS, during the course of such continuing negotiations and construction, the Developer lawfully occupied, and University Commons Master Association and HC Realty, LLC, currently continue to lawfully occupy, such unvacated Rights of Way pursuant to grants of privilege (the "Grants of Privilege"), pursuant to which the Developer, University Commons Master Association and HC Realty, LLC together have paid the City to date, in the aggregate, approximately
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Three Hundred Forty Thousand Seven Hundred Ninety Three and no/100 Dollars ($340,793) (the "Grant of Privilege Payment Amount' ); and
WHEREAS, the cost of construction of the Rights of Way, at the time of construction, totaled One Million Nine Hundred Four Thousand Sixty Three and 90/100 Dollars ($1,904,063.90), plus an additional Fifty Four Thousand Two Hundred Thirty and no/100 Dollars ($54,230) for civil engineering fees, for a total construction costs in the amount of One Million Nine Hundred Fifty Eight Thousand Two Hundred Ninety Three and 90/100 Dollars ($1,958,293.90) (together, the "Construction Costs"). Such Construction Costs do not take into consideration any Construction Costs interest (the "Construction Costs Interest") in relation to the passage of time to current date; and
WHEREAS, during the course of such negotiations, the Developer and the City's Department of Transportation ("CDOT") agreed that at the time of the final vacation of any remaining unvacated Rights of Way, the Developer, and now University Commons Master Association, and HC Realty, LLC, as owners of the Residential Developments, would receive an off-set towards the additional compensation due to the City for the costs reasonably incurred by the Developer in constructing the new Rights of Way; and
WHEREAS, the City, Developer, University Commons Master Association, and HC Realty, LLC have now agreed that the additional 83,357 square feet of public Rights of Way depicted on Exhibits A-1 through Exhibit A-6 to this ordinance (the "Additional Vacated Parcels") should now be vacated; and
WHEREAS, the City, Developer, University Commons Master Association, and HC Realty, LLC, in settlement of all disputes concerning the appropriate compensation to be made with respect to the vacation of the Additional Vacated Parcels, have agreed that such parcels shall be vacated for Two Million Three Hundred Fifty One Thousand Five Hundred and 97/100 Dollars ($2,351,500.97) (the "Additional Vacated Parcels Compensation Amount"), which represents the same $28.21/square foot fair market value paid as fair market value compensation for the Original Vacated Parcels; and
WHEREAS, the City has agreed to allow the Developer, University Commons Master Association, and HC Realty, LLC, to credit the Grant of Privilege Payment Amount against the Additional Vacated Parcels Compensation Amount; and
WHEREAS, the Developer has submitted to CDOT, and CDOT has reviewed and approved, invoices, payment records and other supporting documentation establishing that the Developer has expended Construction Costs of at least One Million Nine Hundred Fifty Eight Thousand Two Hundred Ninety Three and 90/100 Dollars ($1,958,293.90) for "curb to curb" construction costs associated with the construction of the new Rights of Way; and
WHEREAS, in further settlement of all disputes, the City, Developer, University Commons Master Association, and HC Realty, LLC, together agree: (1) that the vacation of the Additional Vacated Parcels shall be at "no - compensation" as a full off-set of the Construction Costs, Construction Costs Interest amounts, the credit for the Grant of Privilege Payment Amount against the Additional Vacated Parcels Compensation; and (2) to the termination of the Grants of Privilege within the areas to be vacated, which such improvements subject to the Grants of Privilege shall become private property and maintenance responsibilities of University Commons Master Association and HC Realty, LLC; and
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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 part of public streets and alleys, described in the following ordinance; 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. The Vacation of:
PARCEL 1:
THAT PART OF THE EAST-WEST WEST 14TH PLACE LYING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOTS 25 THROUGH 50, BOTH INCLUSIVE, IN SOUTH WATER MARKET, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO. 8993073 AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925 LYING SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WEST 14TH PLACE AS OPENED BY ORDINANCE RECORDED DECEMBER 7, 1900 DOCUMENT NO. 3041346, (EXCEPT THE SOUTH 18.0 FEET OF THE NORTH 48.67 FEET OF THE WEST 68.10 FEET), LYING EAST OF A LINE 16.62 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 50, ALSO; THE WEST 13.50 FEET OF SOUTH MORGAN STREET LYING NORTH OF THE CENTERLINE OF SAID EAST-WEST PUBLIC ALLEY EXTENDED EAST LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50 IN SAID SOUTH WATER MARKET AND LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID WEST 14TH PLACE IN COOK COUNTY, ILLINOIS.
PARCEL 1A:
THAT PART OF A 16.62 FOOT WIDE NORTH SOUTH PUBLIC ALLEY DESCRIBED AS FOLLOWS THE EAST 1/2 OF THE NORTH-SOUTH PUBLIC ALLEY LYING EAST OF LOT 50 (EXCEPT THE NORTH 48.67 FEET) AS MEASURED ON THE WEST LINE OF SAID ALLEY, AND LYING NORTH OF THE CENTERLINE OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50, IN SAID SOUTH WATER MARKET, BEING A RESUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NUMBER 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925.
PARCEL 3:
THAT PART OF A 48.36 FOOT WIDE EAST WEST PUBLIC ALLEY DESCRIBE AS FOLLOWS THE NORTH 1/2 OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH OF AND ADJACENT TO LOTS 45 THROUGH LOT 50, IN SAID SOUTH WATER MARKET WEST OF THE EAST LINE OF LOT 50 AND EAST OF THE WEST LINE OF LOT 45 EXTENDED SOUTH TO. THE CENTERLINE OF SAID EAST-WEST PUBLIC ALLEY, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NUMBER 8993073, AND DOCUMENT NO. 2814531T.S. RECORDED NOVEMBER 25. 1925, LYING ALSO EAST OF THAT PART OF SAID ALLEY VACATED ACCORDING TO CITY ORDINANCE DOCUMENT P02005—4121, 02005-2483
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RECORDED JUNE 27, 2005 AND PLAT OF VACATION DOCUMENT 0522203116 RECORDED AUGUST 10, 2005.
PARCEL 3A:
THAT PART OF A 16.62 FOOT WIDE NORTH SOUTH PUBLIC ALLEY DESCRIBED AS FOLLOWS THE WEST 1/2 OF THE NORTH-SOUTH PUBLIC ALLEY LYING EAST OF LOT 50 (EXCEPT THE NORTH 48.67 FEET) AS MEASURED ON THE WEST LINE OF SAID ALLEY, AND LYING NORTH OF THE CENTERLINE OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50, IN SAID SOUTH WATER MARKET, BEING A RESUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073 AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25, 1925, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THE SOUTH 15 FEET OF THAT PART OF WEST 14TH PLACE 80 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 25 THROUGH 50 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073 AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925.
ALSO; THE EAST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY ADJOINING LOT 25 EXTENDED NORTH 15.0 FEET ALONG THE WEST LINE OF LOT 25 EXTENDED NORTH AND EXTENDED SOUTH TO THE CENTER LINE OF THE EAST WEST VACATED ALLEY EXTENDED WEST LYING SOUTH OF LOT 25 IN SAID SOUTH WATER MARKET RESUBDIVISION, IN COOK COUNTY, ILLINOIS.
PARCEL 4:
THE NORTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING SOUTH AND ADJACENT TO LOTS 51 TO 84 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073, IN COOK COUNTY, ILLINOIS. ALSO; THE EAST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 84 AND EXTENDED SOUTH 12.50 FEET ALONG THE WEST LINE OF SAID LOT 84 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24.19 FEET THEREOF TO THE CENTER LINE EXTENDED WEST OF EAST WEST VACATED PUBLIC ALLEY.
PARCEL 5:
THE SOUTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 133 TO 166 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925, IN COOK COUNTY, ILLINOIS. ALSO; THE EAST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 133 AND EXTENDED NORTH 12.5 FEET ALONG THE WEST LINE OF SAID LOT 133 THEREOF AND EXTENDED SOUTH 20.00 FEET ALONG THE WEST
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LINE OF LOT 133 EXTENDED SOUTH THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O.W. IN J.H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTE-FIRE.
ALSO; THE WEST 13.50 FEET OF SOUTH MORGAN STREET 66 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO SAID LOT 166 AND EXTENDED NORTH 12.5 FEET ALONG THE EAST LINE OF LOT 166 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 20.00 FEET ALONG EAST LINE OF LOT 166 EXTENDED SOUTH THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O.W. IN J.H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTE-FIRE.
PARCEL 6:
THE SOUTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 109 TO 132 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25, 1925, IN COOK COUNTY, ILLINOIS. ALSO; THE WEST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO SAID LOT 132 AND EXTENDED NORTH 12.5 FEET ALONG THE EAST LINE OF LOT 132 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 20.00 FEET ALONG THE EAST LINE OF 132 EXTENDED SOUTH THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O.W. IN J.H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTE-FIRE.
ALSO; THE EAST 14.0 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 109 AND EXTENDED NORTH 12.5 FEET THEREOF AND EXTENDED SOUTH 20 FEET THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O.W. IN J.H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTE-FIRE.
PARCEL 7:
THE NORTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING SOUTH AND ADJACENT TO LOTS 87 TO 108 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925, IN COOK COUNTY, ILLINOIS. ALSO; THE EAST 13.5 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 108 AND EXTENDED SOUTH 12.5 FEET ALONG WEST LINE OF LOT 108 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24.15 FEET ALONG THE WEST LINE OF LOT 108 EXTENDED NORTH TO THE CENTER LINE OF EAST-WEST VACATED PUBLIC ALLEY RECORDED AUGUST 10, 2005 AS DOCUMENT NO. 0522203116 IN SAID SOUTH WATER MARKET RESUBDIVISION,
PARCEL 8:
THAT PART OF AN EAST-WEST PUBLIC ALLEY HAVING A WIDTH OF 48.30 FEET AT THE EAST LINE ON S. RACINE AVENUE AND WIDTH OF 48.33 FEET AT THE WEST LINE ON S. ABERDEEN STREET DESCRIBED AS FOLLOWS: LYING NORTH OF THE NORTH LINE OF
Page 5
LOTS 87 THROUGH 93 BOTH INCLUSIVE LYING SOUTH OF THE CENTER LINE OF EAST WEST ALLEY DESCRIBED ABOVE, LYING EAST OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 TO THE NORTHWEST CORNER OF LOT 93 AND LYING WEST OF A LINE DRAWN FROM THE SOUTHEAST CORNER OF LOT 22 TO THE NORTHEAST CORNER OF LOT 87 ALL IN SAID SOUTH WATER MARKET SUBDIVISION.
PARCEL T:
THE SOUTH 1/2 OF THE EAST-WEST PUBLIC ALLEY LYING NORTH OF AND ADJACENT LOTS 85 AND 86 IN SAID SUBDIVISION; ALSO THE NORTH 12.5 FEET OF WEST 15TH STREET 90 FOOT RIGH-OF-WAY LYING SOUTH OF AND ADJACENT TO LOTS 85 AND 86 IN SAID SUBDIVISION, ALSO; THE WEST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO LOT 85 AND EXTENDED SOUTH 12.5 FEET ALONG THE EAST LINE OF LOT 85 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24.15 FEET ALONG THE EAST LINE OF LOT 85 EXTENDED NORTH TO THE CENTER LINE OF SAID EAST-WEST VACATED PUBLIC ALLEY IN SAID SOUTH WATER MARKET SUBDIVISION.
PARCEL 9:
THE SOUTH 13.5 FEET OF WEST 14TH PLACE 80 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 1 TO 24 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1,1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25,1925, IN COOK COUNTY, ILLINOIS.
ALSO; THE WEST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO LOT 24 AND EXTENDED NORTH 13.5 FEET ALONG EAST LINE OF LOT 24 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 24.16 FEET ALONG EAST LINE OF LOT 24 EXTENDED SOUTH THEREOF TO THE CENTER LINE OF EAST-WEST VACATED PUBLIC ALLEY RECORDED AUGUST 10, 2005 AS DOCUMENT NO. 0522203116 IN SAID SOUTH WATER MARKET RESUBDIVISION.
ALSO; THE EAST 13.5 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT I AND EXTENDED NORTH 13.5 FEET ALONG WEST LINE OF LOT 1 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 24.15 FEET ALONG WEST LINE OF LOT 1 EXTENDED SOUTH THEREOF TO THE CENTER LINE OF SAID EAST-WEST VACATED PUBLIC ALLEY IN SAID SOUTH WATER MARKET RESUBDIVISION., as shaded and legally described by the words "HEREBY VACATED" on the drawings hereto attached as Exhibits A-1 through A-6, which drawings for greater clarity, are hereby made a part of this ordinance, be and the same are hereby vacated and closed, inasmuch as the same are no longer required for public use and the public interest will be subserved by such vacations.
SECTION 3. University Commons Master Association, and HC Realty, LLC acknowledge that all currently constructed public sewers and appurtenances within the areas to be vacated shall become the private property and maintenance responsibility of University Commons Master Association, and HC Realty, LLC. If and when the existing sewer and appurtenances within the areas being vacated are abandoned, the abandonment plans must meet the Department of Water Management Sewer Design Section's requirements.
SECTION 4. Developer, University Commons Master Association, and HC Realty, LLC acknowledge that all currently constructed improvements subject to the Grants of Privilege shall become private property and maintenance responsibilities of University Commons Master Association and HC Realty, LLC.
Page 6
SECTION 5. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and AT&T-lllinois/SBC and their successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the alleys and streets herein vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison and/or AT&T-lllinois/SBC facilities. No buildings, permanent structures or obstructions shall be placed over Commonwealth Edison and/or AT&T-lllinois/SBC facilities without written release of easement by the respective utility. Any future vacation-beneficiary prompted relocation of Commonwealth Edison and/or AT&T-lllinois/SBC facilities lying within the area being vacated will be accomplished by Commonwealth Edison and/or AT&T-lllinois/SBC and done at the expense of beneficiaries of the vacation.
SECTION 6. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, University Commons Master Association and HC Realty, LLC shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with an attached plat as approved by the Superintendent of Maps & Plats.
SECTION 7. 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 recording.
Vacation Approved:
Rebekah Scheinfeld Commissioner of Transportation
Approved as to Form-and Legalit1
Honorable Dajflny Solis Alderman, 25th Ward
Page 7
EXHIBIT "A"-i
PLAT OF VACATION
of
THAT PART OF PUBLIC RIGHT OF WAYS AND ALLEYS IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO. 281453T.S. RECORDED NOVEMBER 25, 1925, IN COOK COUNTY, ILLINOIS, DESCRIBED ON SHEETS 2-6
Brand's Add. To Chicago being E.1/2 of the N.E.1/4 of Sec. 20-39-14. Rec Nov. 19. 1852 Ante-Fire
"B"
Ordinance for opening and extension of Catherine and Rebecca Sts (and Alley between) through Blks. 25 and 26 Passed Assm't. confirmed April 17, 1854. Rec Nov. 5, 1945 Doc.# 13652554
Barron's Sub In Brand's Add. To Chicago being E.1/2 of the N.E.1/4 of Sec. 20-39-14. Rec. June. 10, 1861 Ante-Fire
Ordinance for opening Henry St. from Eastern terminus to intersection of Morgan and Wright Sts. Passed May 18, 1885. Order of Possession by Superior Court Oct. 26. 1900 Gen'l # 98535. Rec. Dec. 7, 1900. Doc # 3041346
J.H Rees' Sub. Of Blocks 1 and 2 of Common Pleas Court Partition of the S.1/2 of the S.1/2 of the W.1/2 of the N.E.1/4 of Henry Waller's Sub. of the N.W.1/4 of the N E. 1/4 of Sec. 20-39-14. ANTE-FIRE
Vacated by Ordinance Passed Nov. 4, 1907.
Rec. Nov 23, 1907. Doc.# 4129572
Dedication for Public Streets and Alleys of part of Blk. 3 and 4 in Swift, McAuley and others Sub. of the N.1/2 of the SW.1/4 of the N.E.1/4 of Sec. 20, part of Blk. 1 in James H. Rees' Sub. of Blk. 1 and 2 of Common Pleas Court Partition of the S.1/2. S.1/2, W.1/2, N.E.1/4. Sec. 20 of Blk. 25, in Brand's Add. To Chicago, in the E.1/2 of the N.E.1/4 of Sec. 20 and part of Lots 1. 2, 3, 4, 8, 9, and 10 in Barron's Sub. of the N. part of Blk. 25 in Brand's Add. to Chicago in Sec. 20-39-14.
Rec. July 30, 1925. Doc # 8991045
"H"
South Water Market being a Resub. In the N.E.1/4 of Sec. 20-39-14. Rec. Aug. 1, 1925 Doc. 8993073 Rec. Nov. 25, 1925 Doc. 281453T.S.
LEGEND
174.51
MEASURED DISTANCES AND BEARINGS S89-59'3(TE MEASURED ANGLES 89S9-3Q-TO BE VACATED IW.iw^l RECORD DISTANCES rcc sssk
ZONING PD 873 TRAFFIC FLOW ^>
CENTERLINE *
R.O.W. LINE ¦
LOT LINE -
PARCEL LINE
BOUNDARY TO BE VACATED
PROPERTY INDEX NUMBER (P.I.N.) 17-20-226-064 DOCUMENTS RECORDATION DESIGNATION "B" COOK COUNTY RECORDER OF DEEDS CCRD
SURVEYOR NOTES:
ALL PARCELS DIMENSIONS AND ANGLES ARE MEASURED DISTANCES
THE FIELD WORK WAS COMPLETED ON MARCH 9, 2007
NO MONUMENTS WERE SET ON ANY PROPERTY CORNERS
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT
CDOT#20-25-12-3575
ORDERED BY RON SHIPKA JR. (PH 773-348-6900) ORGANIZATION' CHICAGO UNIVERSITY COMMONS LLC 710 W 0AKDALE AVE CHICAGO, IL 60657
PROJECT No 077-12 (07-040 UD 12)
oc l
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)
W \ CHICAGO .-' C ILLINOIS ^
State of Illinois) ^ ''"/HIIIlM*"
County of Cook)
ANDREW SPIEWAK LAND SURVEYOR, INC., PROFESSIONAL DESIGN FIRM LAND SURVEYING CORPORATION LICENSE NO : 184.006518 HEREBY CERTIFIES THAT A PLAT OF VACATION DESCRIBED ON SHEETS 2 THROUGH 6 HAS BEEN PREPARED UNDER THE DIRECTION AND SUPERVISION OF AN ILLINOISS PROFESSIONAL LAND -SURVEYOR FOR THE PURPOSE OF VACATING THE SAME AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION THEREOF. THIS PROFESIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR PLAT OF VACATION. CHICAGO, ILLINOIS. DATED: DECEMBER} 4, 2012.
(WjUfyl'f.
By.
ILLINOIS PROFESSIONAL LAND SURVEYOR ANDRZEJ F. SPIEWAK LICENSE NO.: 035.003178 MY LICENSE EXPIRES 11/30/2014
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE., CHICAGO. IL 60630 phone. (773) 736-1344; fax: (773) 736-4616 www surveyorsland com 470 SHAGBARK CT ROSELLE, IL 60172 phone: (630) 351-9489; cell. (773) 617-3433 www landsurveyors pro andrew@landsurveyors.pro
SHEET 1 OF 6
EXHIBIT "A'
PLAT OF VACATION
of
PARCEL 1:
THAT PART OF THE EAST-WEST WEST 14TH PLACE LYING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOTS 25 THROUGH 50. BOTH INCLUSIVE. IN SOUTH WATER MARKET, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO 8993073 AND DOCUMENT NO. 2B1453T.S. RECORDED NOVEMBER 25. 1925 LYING SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WEST 14TH PLACE AS OPENED BY ORDINANCE RECORDED DECEMBER 7. 1900 DOCUMENT NO 3041346. (EXCEPT THE SOUTH 1B0 FEET OF THE NORTH 48.67 FEET OF THE WEST 66 10 FEET), LYING EAST OF A LINE 16 62 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 50. ALSO; THE WEST 13 50 FEET OF SOUTH MORGAN STREET LYING NORTH OF THE CENTERLINE OF SAID EAST-WEST PUBLIC ALLEY EXTENDED EAST LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50 IN SAID SOUTH WATER MARKET AND LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID WEST 14TH PLACE IN COOK COUNTY, ILLINOIS.
PARCEL 1A:
THAT PART OF A 16 62 FOOT WIDE NORTH SOUTH PUBLIC ALLEY DESCRIBED AS FOLLOWS THE EAST 1/2 OF THE NORTH-SOUTH PUBLIC ALLEY LYING EAST OF LOT 50 (EXCEPT THE NORTH 4B.67 FEET) AS MEASURED ON THE WEST LINE OF SAID ALLEY, AND LYING NORTH OF THE CENTERLINE OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50, IN SAID SOUTH WATER MARKET. BEING A RESUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 39 NORTH. RANGE 14. EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NUMBER 8993073. AND DOCUMENT NO 281453T.S. RECORDED NOVEMBER 25. 1925 .
PARCEL 3:
THAT PART OF A 48.36 FOOT WIDE EAST WEST PUBLIC ALLEY DESCRIBED AS FOLLOWS THE NORTH 1/2 OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH OF AND ADJACENT TO LOTS 45 THROUGH LOT 50. IN SAID SOUTH WATER MARKET WEST OF THE EAST LINE OF LOT 50 AND EAST OF THE WEST LINE OF LOT 45 EXTENDED SOUTH TO THE CENTERLINE OF SAID EAST-WEST PUBLIC ALLEY. ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NUMBER B993073. AND DOCUMENT NO. 2B1453T.S RECORDED NOVEMBER 25, 1925. LYING ALSO EAST OF THAT PART OF SAID ALLEY VACATED ACCORDING TO CITY ORDINANCE DOCUMENT P02005—4121. 02005-2483 RECORDED JUNE 27, 2005 AND PLAT OF VACATION DOCUMENT 0522203116 RECORDED AUGUST 10. 2005
PARCEL3A-
NORTH 1/2 OF PUBLIC ALLEY VACATED PER CCRD DOC #0522203116 DATE H10/2005
PUBLIC ALLEY VACATED *— PER CCRD DOC# 0522203116 DATE 08/10/2005
SOUTH 1/2 OF PUBLIC ALLEY VACATED PER CCRDDOC# 0522203116 DATE 08/10/2005
THAT PART OF A 16.62 FOOT WIDE NORTH SOUTH PUBLIC ALLEY DESCRIBED AS FOLLOWS THE WEST 1/2 OF THE NORTH-SOUTH PUBLIC ALLEY LYING EAST OF LOT 50 (EXCEPT THE NORTH 48.67 FEET) AS MEASURED ON THE WEST LINE OF SAID ALLEY. AND LYING NORTH OF THE CENTERLINE OF THE EAST-WEST PUBLIC ALLEY LYING SOUTH AND ADJACENT TO LOTS 25 THROUGH LOT 50, IN SAID SOUTH WATER MARKET. BEING A RESUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1. 1925 AS DOCUMENT NO 8993073 AND DOCUMENT NO. 2B1453T.S. RECORDED NOVEMBER 25. 1925, IN COOK COUNTY. ILLINOIS
PARCEL 1 VACATED LAND AREA = ±6,831 Sq ft or 0 157 Acres
PARCEL 1A VACATED LAND AREA = ±600 Sq ft or 0 014 Acres
PARCEL 3 VACATED LAND AREA = ±3.482 Sq ft. or 0 080 Acres
PARCEL 3A VACATED LAND AREA = ±600 Sq.ft. or 0.014 Acres
TOTAL VACATED LAND AREA = ±11,513 Sq.ft. or 0.265 Acres
CDOT#20-25-12-3575
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASURMENTS UPON THE PLAT SCALE: 1 INCH EQUALS 50 FEET DISTANCES ARE MARKET IN FEET AND DECIMAL PART THEREOF
ORDERED BY. RON SHIPKA JR (PH 773-348-6900) ORGANIZATION CHICAGO UNIVERSITY COMMONS LLC 710 W. OAKDALE AVE CHICAGO, IL 60657
PROJECT No 077-12(07-040 UD 12)
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE., CHICAGO, IL 60630 phone: (773) 736-1344; fax: (773) 736-4616 www surveyorsland com 470 SHAGBARK CT., ROSELLE, IL 60172 phone. (630) 351-9489, cell: (773) 617-3433 www landsurveyors pro andrew@landsurveyors pro
SHEET 2 OF 6
EXHIBIT "A" -3
PLAT OF VACATION
of
PARCEL 2:
THE SOUTH 15 FEET OF THAT PART OF WEST 14TH PLACE 80 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 25 THROUGH 50 IN SOUTH WATER MARKET. A RESUBDIVISION IN THE NORTHEAST OUARTER OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO. 8993073 AND DOCUMENT NO 2B1453T.S. RECORDED NOVEMBER 25. 1925 .
ALSO.
THE EAST 5.0 FEET OF SOUTH ABERDEEN STEET 60 FOOT RIGHT-OF-WAY ADJOINING LOT 25 EXTENDED NORTH 15 0 FEET ALONG THE WEST LINE OF LOT 25 EXTENDED NORTH AND EXTENDED SOUTH TO THE CENTER LINE OF THE EAST WEST VACATED ALLEY EXTENDED WEST LYING SOUTH OF LOT 25 IN SAID SOUTH WATER MARKET RESUBDIVISION . IN COOK COUNTY, ILLINOIS.
PARCEL 4.
THE NORTH 12 5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING SOUTH AND ADJACENT TO LOTS 51 TO 84 IN SOUTH WATER MARKET. A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1. 1925 AS DOCUMENT NO. 8993073. IN COOK COUNTY, ILLINOIS.
ALSO.
THE EAST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 84 AND EXTENDED SOUTH 12.50 FEET ALONG THE WEST LINE OF SAID LOT 84 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24.19 FEET THEREOF TO THE CENTER LINE EXTENDED WEST OF EAST WEST VACATED PUBLIC ALLEY
89*58-24'
PUBLIC ALLEY VACATED PER CCRD DOC* 0522203116 DATE 08/10/2005
• 16 62 FT PUBLIC ALLEY
PENDING VACATION
HERETOFORE VACATED
NORTH 1/2 OF PUBLIC ALLEY VACATED PER CCRD DOC* 0522203116 DATE 08/10/2005
SOUTH 1/2 OF PUBLIC ALLEY VACATED PER CCRD DOCS 0522203116 DATE 08/10/2005
|N
tl'
PARCEL 2 VACATED LAND AREA = ±10,211 Sq.ft. or 0 234 Acres PARCEL 4 VACATED LAND AREA = ±12,B03 Sq.ft or 0 294 Acres
TOTAL VACATED LAND AREA = ±23.014 Sq.ft. or 0 528 Acres
CDOT#20-25-12-3575
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASURMENTS UPON THE PLAT SCALE: 1 INCH EQUALS 100 FEET DISTANCES ARE MARKET IN FEET AND DECIMAL PART THEREOF
ORDERED BY RON SHIPKA JR (PH 773-348-6900) ORGANIZATION CHICAGO UNIVERSITY COMMONS LLC 710 W OAKDALE AVE CHICAGO, IL 60657
PROJECT No 077-12(07-040 UD 12)
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE , CHICAGO, IL 60630 phone: (773) 736-1344; fax: (773) 736-4616 www.surveyorsland com 470 SHAGBARK CT , ROSELLE, IL 60172 phone. (630) 351-9489; cell- (773) 617-3433 www landsurveyors pro andrew@landsurveyors pro
SHEET 3 OF 6
EXHIBIT "A"
PLAT OF VACATION
of
PARCEL 5.
THE SOUTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 133 TO 166 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1. 1925 AS DOCUMENT NO. 8993073. AND DOCUMENT NO. 2B1453T.S RECORDED NOVEMBER 25, 1925, IN COOK COUNTY, ILLINOIS.
ALSO;
THE EAST 5 0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 133 AND EXTENDED NORTH 12 5 FEET ALONG THE WEST LINE OF SAID LOT 133 THEREOF AND EXTENDED SOUTH 20 00 FEET ALONG THE WEST LINE OF LOT 133 EXTENDED SOUTH THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O W. IN J.H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION. ANTI-FIRE.
ALSO;
THE WEST 13 50 FEET OF SOUTH MORGAN STREET 66 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO SAID LOT 166 AND EXTENDED NORTH 12.5 FEET
ALONG THE EAST LINE OF LOT 166 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 20.00 FEET ALONG EAST LINE OF LOT 166 EXTENDED SOUTH
THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD ROW IN J H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTI-FIRE.
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(90 FT ROW)
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826.86
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SOUTH WATER' MARKET
HERETOrORE VACATED
UNION PACIFIC RAILROAD BURLINGTON NORTHERN SANTA FE RAILROAD
PARCEL 5 VACATED LAND AREA = ±13.003 Sq.ft or 0.299 Acres
CDOT#20-25-12-3575
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASURMENTS UPON THE PLAT SCALE. 1 INCH EQUALS 100 FEET DISTANCES ARE MARKET IN FEET AND DECIMAL PART THEREOF
ORDERED BY RON SHIPKA JR.(PH 773-348-6900) ORGANIZATION CHICAGO UNIVERSITY COMMONS LLC 710 W OAKDALE AVE CHICAGO, IL 60657
PROJECT No 077-12(07-040 UD 12)
I
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE . CHICAGO, IL 60630 phone. (773) 736-1344; fax- (773) 736-4616 www surveyorsland com 470 SHAGBARK CT , ROSELLE. IL 60172 phone. (630) 351-9489, cell. (773) 617-3433 www landsurveyors pro andrew@landsurveyors.pro
SHEET 4 OF 6
EXHIBIT "A"-5
PLAT OF VACATION
of
PARCEL 6:
THE SOUTH 12 5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 109 TO 132 IN SOUTH WATER MARKET. A RESUBDIVISION IN THE NORTHEAST OUARTER OF SECTION 20. TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1. 1925 AS DOCUMENT NO. 8993073. AND DOCUMENT NO. 281453T.S RECORDED NOVEMBER 25. 1925, IN COOK COUNTY, ILLINOIS
ALSO,
THE WEST 5 0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO SAID LOT 132 AND EXTENDED NORTH 12.5 FEET ALONG THE EAST LINE OF LOT 132 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 20 00 FEET ALONG THE EAST LINE OF 132 EXTENDED SOUTH THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R.O.W. IN J.H SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION, ANTI-FIRE.
ALSO.
THE EAST 14 0 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 109 AND EXTENDED NORTH 12.5 FEET THEREOF AND EXTENDED SOUTH 20 FEET THEREOF TO THE NORTH LINE OF UNION PACIFIC RAILROAD R O.W. IN J H. SUBDIVISION OF BLOCKS 1 AND 2 OF COMMON PLEAS COURT PARTITION. ANTI-FIRE
15TH STREET
° ¦*
?— 1 r-
9'
14.0
587.89
:HEC 587 61
I
i— . jj— ' i— ! i— y- \ v~ . r- ' y- }- t-!t-"
HERETOFORE VACATED
o j o o j o g I o Oj'S'Slcj'SipJiS1 ZONING PD 873 SOUTH WATER ; MARKET
- 20 FT VACATED PUBLIC ALLEY -
UNION PACIFIC RAILROAD BURLINGTON NORTHERN SANTA FE RAILROAD
PARCEL 6 VACATED LAND AREA = ±10.088 Sq.ft. or 0.232 Acres
CDOT#20-25-12-3575
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASURMENTS UPON THE PLAT SCALE: 1 INCH EQUALS 80 FEET DISTANCES ARE MARKET IN FEET AND DECIMAL PART THEREOF
ORDERED BY RON SHIPKA JR.(PH 773-348-6900) ORGANIZATION CHICAGO UNIVERSITY COMMONS LLC 710 W OAKDALE AVE CHICAGO. IL 60657
PROJECT No: 077-12(07-040 UD 12)
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE., CHICAGO. IL 60630 phone: (773) 736-1344; fax (773) 736-4616 www surveyorsland com 470 SHAGBARK CT., ROSELLE, IL 60172 phone: (630) 351-9489, cell: (773) 617-3433 www landsurveyors pro andrew@landsurveyors pro
SHEET 5 OF 6
EXHIBIT "A"-6
PLAT OF VACATION
of
PARCEL 7:
THE NORTH 12.5 FEET OF WEST 15TH STREET 90 FOOT PUBLIC RIGHT-OF-WAY LYING SOUTH AND ADJACENT TO LOTS B7 TO 10B IN SOUTH WATER MARKET. A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20. TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO B993073. AND DOCUMENT NO 2B1453TS RECORDED NOVEMBER 25. 1925. IN COOK COUNTY. ILLINOIS. ALSO, THE EAST 13.5 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 108 AND EXTENDED SOUTH 12 5 FEET ALONG WEST LINE OF LOT 108 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24 15 FEET ALONG THE WEST LINE OF LOT 108 EXTENDED NORTH TO THE CENTER LINE OF EAST-WEST VACATED PUBLIC ALLEY RECORDED AUGUST 10. 2005 AS DOCUMENT NO. 0522203116 IN SAID SOUTH WATER MARKET RESUBDIVISION
PARCEL 8
THAT PART OF AN EAST-WEST PUBLIC ALLEY HAVING A WIDTH OF 48 30 FEET AT THE EAST LINE ON S. RACINE AVENUE AND WIDTH OF 48 33 FEET AT THE WEST LINE ON S ABERDEEN STREET DESCRIBED AS FOLLOWS LYING NORTH OF THE NORTH LINE OF LOTS 87 THROUGH 93 BOTH INCLUSIVE LYING SOUTH OF THE CENTER LINE OF EAST WEST ALLEY DESCRIBED ABOVE, LYING EAST OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 TO THE NORTHWEST CORNER OF LOT 93 AND LYING WEST OF A LINE DRAWN FROM THE SOUTHEAST CORNER OF LOT 22 TO THE NORTHEAST CORNER OF LOT 87 ALL IN SAID SOUTH WATER MARKET SUBDIVISION
PARCEL T:
THE SOUTH 1/2 OF THE EAST-WEST PUBLIC ALLEY LYING NORTH OF AND ADJACENT LOTS 85 AND B6 IN SAID SUBDIVISION. ALSO THE NORTH 12 5 FEET OF WEST 15TH STREET 90 FOOT RIGH-OF-WAY LYING SOUTH OF AND ADJACENT TO LOTS B5 AND B6 IN SAID SUBDIVISION, ALSO; THE WEST 5.0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO LOT 85 AND EXTENDED SOUTH 12.5 FEET ALONG THE EAST LINE OF LOT 85 EXTENDED SOUTH THEREOF AND EXTENDED NORTH 24 15 FEET ALONG THE EAST LINE OF LOT 85 EXTENDED NORTH TO THE CENTER LINE OF SAID EAST-WEST VACATED PUBLIC ALLEY IN SAID SOUTH WATER MARKET SUBDIVISION.
PARCEL 9.
THE SOUTH 13 5 FEET OF WEST 14TH PLACE BO FOOT PUBLIC RIGHT-OF-WAY LYING NORTH AND ADJACENT TO LOTS 1 TO 24 IN SOUTH WATER MARKET, A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 1, 1925 AS DOCUMENT NO. 8993073, AND DOCUMENT NO 281453T.S. RECORDED NOVEMBER 25, 1925.IN COOK COUNTY, ILLINOIS
ALSO.
THE WEST 5 0 FEET OF SOUTH ABERDEEN STREET 60 FOOT RIGHT-OF-WAY LYING EAST AND ADJACENT TO LOT 24 AND EXTENDED NORTH 13.5 FEET ALONG EAST LINE OF LOT 24 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 24 16 FEET ALONG EAST LINE OF LOT 24 EXTENDED SOUTH THEREOF TO THE CENTER LINE OF EAST-WEST VACATED PUBLIC ALLEY RECORDED AUGUST 10. 2005 AS DOCUMENT NO 0522203116 IN SAID SOUTH WATER MARKET RESUBDIVISION.
ALSO;
THE EAST 13.5 FEET OF SOUTH RACINE AVENUE 66 FOOT RIGHT-OF-WAY LYING WEST AND ADJACENT TO LOT 1 AND EXTENDED NORTH 13 5 FEET ALONG WEST LINE OF LOT 1 EXTENDED NORTH THEREOF AND EXTENDED SOUTH 24.15 FEET ALONG WEST LINE OF LOT 1 EXTENDED SOUTH THEREOF TO THE CENTER LINE OF SAID EAST-WEST VACATED PUBLIC ALLEY IN SAID SOUTH WATER MARKET RESUBDIVISION.
PARCEL 8-1
PARCEL 7 VACATED LAND AREA = PARCEL B VACATED LAND AREA = PARCEL T VACATED LAND AREA = PARCEL 9 VACATED LAND AREA =
±8,400 Sq ft. or 0 193 Acres ±4.071 Sq ft or 0 093 Acres ±2.B54 Sq.ft. or 0 066 Acres ±10,414 Sq ft or 0.239 Acres
TOTAL VACATED LAND AREA = ±25.739 Sq ft. or 0 591 Acres
CDOT#20-25-12-3575
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASURMENTS UPON THE PLAT SCALE- 1 INCH EQUALS 80 FEET DISTANCES ARE MARKET IN FEET AND DECIMAL PART THEREOF
ORDERED BY RON SHIPKA JR (PH 773-348-6900) ORGANIZATION CHICAGO UNIVERSITY COMMONS LLC 710 W. OAKDALE AVE CHICAGO, IL 60657
PROJECT No: 077-12(07-040 UD 12)
ANDREW SPIEWAK LAND SURVEYOR, INC.
5805 W. HIGGINS AVE CHICAGO, IL 60630 phone: (773) 736-1344; fax: (773) 736-4616 www surveyorsland com 470 SHAGBARK CT , ROSELLE, IL 60172 phone- (630) 351-9489, cell: (773) 617-3433 www landsurveyors pro andrew@landsurveyors pro
SHEET 6 OF 6
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:
University Commons Master Association
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[x] the Applicant
OR
[] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section Il.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 710 W. Oakdale Ave.
Chicago, IL 60657
Telephone: (773) 348-6900 pax: (773) 348-1271 Email: jr@TheEnterpriseCompanies.
Name of contact person: Ronald B. Shipka, Jr.
Federal Employer Identification No. (if you have one): N/A
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for vacation of areas in University Commons
G. Which City agency or department is requesting this EDS? Department of Transportation
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # N/A and Contract # N/A
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
Person [ ]
Publicly registered business corporation [ ]
Privately held business corporation [ ]
Sole proprietorship [x]
General partnership (Is
Limited partnership
Trust [ ]
Limited liability company Limited liability partnership Joint venture
Not-for-profit corporation
the not-for-profit corporation also a 501(c)(3))?
[]Yes []No Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No |x] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Ronald B. Shipka, Jr. President
John Shipka Secretary
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
No person or entity has an interest in excess of 7.5%.
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 [x] 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 retained or anticipated to be retained)
Daley and George, Ltd.
Attorney
Business Relationship to Disclosing Party Address (subcontractor, attorney, lobbyist, etc.)
20 S. Clark St., #400
Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response.
$5,000 (estimated)
Chicago, IL 60603
(Add sheets if necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-41 5, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [ ] No |k] 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 of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section Il.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
• the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
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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 of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
N/A
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]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 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [x] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [x] No
If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders 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.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes No If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
Yes No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
Yes No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes No
If you checked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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:
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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.
University Commons Master Association (Print or type name of Disclosing Party)
Ronald B. Shipka, Jr.
(Print or type name of person signing)
President
(Print or type title of person signing)
Signed and sworn to before me on (date)
at Cook County, Illinois
expires: V *> ^2-5 j 2.Q I S"
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CJTY 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 Il.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [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 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.
N/A
Page 13 of 13
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
This recertification is being submitted in connection with
[identify the Matter], Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its acknowledgments.
(Print or type legal name of Disclosing Party)
ffnt or type name of signatory: Title of signatory:
A
rSigncd and sworn to before me on [date] [Jp A? he r by
UQnqlr, h. SUipY.d,.\cat ConK County,' X. I— [state].
Notary Public.
OFFICIAL SEAL
* ALEJANDRA RODRIGUEZ
i NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires 03/29/2015
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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:
Chicago University Commons, LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[x] the Applicant
OR
[] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section Il.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 710 w. Oakdale Ave.
Chicago, IL 60657
Telephone: (773) 348-6900 pax: (773) 348-1271 Email: jrOTheEnterpriseCompanies.
Name of contact person: Ronald B. Shipka, Jr.
Federal Employer Identification No. (if you have one): N/A
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for vacation of areas in University Commons
G. Which City agency or department is requesting this EDS? Department of Transportation
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # n/a and Contract # n/a
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
Person [x] Limited liability company
Publicly registered business corporation [ ] Limited liability partnership
Privately held business corporation [ ] Joint venture
Sole proprietorship [ ] Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership [ ] Yes [ ] No
Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [x] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title EDC Management, Inc. Manager
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
SECTION 111 - 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 [x] 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.
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Name (indicate whether retained or anticipated to be retained)
Daley and George, Ltd.
Attorney
Business Relationship to Disclosing Party Address (subcontractor, attorney, lobbyist, etc.)
20 S. Clark St., #400
Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response.
$5,000 (estimated)
Chicago, IL 60603
(Add sheets if necessary)
|x] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [x] No [ ] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[]Yes []No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article 1 ("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 of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article 1 applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section Il.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
Page 6 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
N/A
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [x] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes |x] No
If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders 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.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes No If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
Yes No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
Yes No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing 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.
Chicago University Commons, LLC
(Print or type name of Disclosing Party)
(Print or type name of person signing)
President of its Manager, EDC Management, Inc. (Print or type title of person signing)
>fete).
Signed and sworn to before me on (date) 7^2. 2012
at Cook County, Illinois
Notary Public.
OFFICIAL SEAL
ALEJANDRA RODRIGUEZ
NOTARY PUBLIC. STATE OF ILLINOIS My Commission Expires 03/29/2015
Commission expires: P3/zq hois'
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 Il.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Docs 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 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.
N/A
Page 13 of 13
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
This recertification is being submitted in connection with
[identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its acknowledgments.
Chi^'vo Oft'i/g^'Hy C&maiMb, LL(_ Date: &£~)ober 3, .30)3
(Print or type legal name of Disclosing Party)
Print or type name of signatory:
Title of signatory:
Signed and sworn to before me on [date] CsQ (p ipf r ^, "J_Q\ 3 , by
HpnnlH P> Sw'pkia Jr, at _/2dqJL. County, XL- [state].
Commission expires: O^j 2/j j '2-D\£
Ver. 11-01-05
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I ~ GENERAL INFORMATION
Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
HC Realty. LLC.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
|X] the Applicant
OR
[] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section Il.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 2550 South Leavitt Street
Chicago, IL 60608
Telephone: 312-568-521] Fax: 312-568-5212 Email: ti uutarmongent. com
Name of contact person: tu luu
E. Federal Employer Identification No. (if you have c
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):
Vacating public ways and alleys
Which City agency or department is requesting this EDS? 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 #
Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
Person [X] Limited liability company
Publicly registered business corporation [ ] Limited liability partnership
Privately held business corporation [ ] Joint venture
Sole proprietorship [ ] Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership [ ] Yes [ ] No
Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No [X] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Hieu Truong Manager
Tu Luu Manager
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
Hieu Truong 2550 South Leavitt Street 5JL%
Tu Luu 2550 South Leavitt Street 40%
Chan Truong 2550 South Leavitt Street 1H&
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 pt] 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 (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
Nisen & Elliott, LLC Chicago, IL Attorney $1, QOQ . QQ
(Add sheets if necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes No [ ] 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 of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section Il.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
• any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
Page 6 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
Hone. :
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [X] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes (X] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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:
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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.
HC Realty, LLC.
(Print or type name of Disclosing Party)
(Sign here)
_JIii._Ljtui
(Print or type name of person signing)
Manager
(Print or type title of person signing)
Signed and sworn to before me on (date) /_Jz\H >
at J75ujJ£ County, CoQKL (state). Ti-L/O0' S.
I "OFFICIAL SEAL"
f ESPERANZA MIRANDA
4 NOTARY PUBLIC, STATE OF ILLINOIS ?My Commission Expires 06/12/2012
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [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 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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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
EDC Management, Inc. y
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OR
[x] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the Applicant in which the Disclosing Party holds an interest: Chicago University Commons, LLC
OR Chicago University Commons V, L:
3. [] a legal entity with a right of control (see Section Il.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 710 w. Oakdale Ave.
Chicago, IL 60657
Telephone: (773) 348-6900 Fax; (773) 348-1271 Email: jr@TheEnterpriseCompanies.
Name of contact person: Ronald B. Shipka, Jr.
Federal Employer Identification No. (if you have one): N/A
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for vacation of areas in University Commons
G. Which City agency or department is requesting this EDS? Department of Transportation
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # N/A and Contract # N/A
Page 1 of 13
SECTION 11 - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
[ ] Person [ ]
[ ] Publicly registered business corporation [ ]
[x] Privately held business corporation [ ]
[ ] Sole proprietorship [ ]
[] General partnership (Is
[ ] Limited partnership
[ ] Trust [ ]
Limited liability company Limited liability partnership Joint venture
Not-for-profit corporation
the not-for-profit corporation also a 501(c)(3))?
[]Yes []No Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No |x] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Ronald B. Shipka, Jr. President
John Y. Shipka Secretary
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing Party
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 [x] 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.
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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.
Not applicable.
(Add sheets if necessary)
[x] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes [x] No [ ] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), 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 of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section Il.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
N/A
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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 of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than S20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
N/A
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [x] No
NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes |x] No
If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
x 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders 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.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes No If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
Yes No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
Yes No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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 2-1 54-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing 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.
EDC Management, Inc .
(Print or type name of Disclosing Party)
Ronald B. Shipka, Jr.
(Print or type name of person signing)
President
(Print or type title of person signing)
at Cook
Signed and sworn to before me on (date) 12- 2012 .
County, Illinois (state).
********** 1 '* nnnrwMmj]
OFFICIAL SEAL
ALEJANDRA RODRIGUEZ
NOTARY PUBLIC. STATE OF ILLINOIS My Commission Expires 03/29/2015
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 Il.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [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 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.
N/A
Page 13 of 13
(DO NOT SUBMIT THIS PAGE WITH YOUR EDS. The purpose of this page is for you to recertify your EDS prior to submission to City Council or on the date of closing. If unable to recertify truthfully, the Disclosing Party must complete a new EDS with correct or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
This recertification is being submitted in connection with
[identify the Matter]. Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS recertification on behalf of the Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true, accurate and complete as of the date of this recertification, and (3) reaffirms its acknowledgments.
Bl)C Hfiritytwr , Trie. Date: OChsbtr 3, c7Ql2>
(Print or type legal name of Disclosing Party)
Print or type name of signatory:
Title of signatory:
Signet! and sworn to before me on [date] tyr/ober 3^ ZO)3 , by
Ver. 11-01-05