NOT FOR PROFIT VACATION ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City wishes to support the charitable, educational and philanthropic activities of established Not for Profit Corporations and encourage the continued viability and growth of such activities; and
WHEREAS, many Not For Profit Corporations own property that adjoins streets and alleys that are no longer required for public use and might more productively be used in furtherance of such activities; and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by providing support for such charitable, educational and philanthropic activities; and
WHEREAS, the City can promote strong communities by facilitating services to the public, and increase the City's job base through the vacation of public streets and/or alleys for no compensation; and
WHEREAS, the properties at 2242-2356 E. 99th Street and 2279-2301 E. 98th Street, are owned by Porta Coeli Senior Housing, NFP, an Illinois Not for Profit Corporation ("Porta Coeli Senior Housing, NFP"); and
WHEREAS, Porta Coeli Senior Housing, NFP, proposes to use the alley vacated herein for landscaping around the proposed senior housing development known as Porta Coeli Residence; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe public use and the public interest to be subserved is such as to warrant the vacation of parts of public alley described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. THAT PART OF LOT 21 IN BLOCK 1 IN MERRIONETTE MANOR, BEING A SUBDIVISION IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 12, NORTH OF THE INDIAN BOUNDARY LINE, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20,1947
Page 1
AS DOCUMENT NUMBER 14127310, BOUNDED AND DESCRIBED AS: BEING A CORRIDOR, 10.00 FEET IN WIDTH, CONTIGUOUS TO THE SOUTHEASTERLY LINE OF LOTS 1 THROUGH 10, BOTH INCLUSIVE, AND THE EASTERLY LINE OF LOT 10, BEING A PORTION OF THE LAND AS HERETOFORE CONVEYED FOR "PUBLIC ALLEY" PURPOSES PER QUIT CLAIM FROM THE CATHOLIC BISHOP OF CHICAGO TO THE CITY OF CHICAGO RECORDED FEBRUARY 23, 1950 AS DOCUMENT NUMBER 14740976, EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS, CONTAINING as shaded and legally described by the words HEREBY VACATED on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept and approve a redevelopment agreement or similar instrument restricting the use and improvement of the public way vacated in Section 1 of this ordinance to social service purposes which include, but shall not be limited to: landscaping around a new senior housing complex named Porta Coeli Residence, and for such use and improvements that are accessory, as that term is defined in the Chicago Zoning Ordinance, to such social service purposes, such uses and improvements to be owned and operated by a non-profit corporation, subject to the approval ofthe Corporation Counsel as to form and legality. The restriction on use and improvement in the covenant, agreement or instrument shall be for a term of 40 years and upon breach of such restriction the public way herein vacated shall revert to the City and be subject to the terms and conditions of the dedication by which it has been heretofore held by the City.
SECTION 3. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, Comcast, AT&T/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 alley 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, Comcast and AT&T/SBC facilities. No buildings, permanent structures or obstructions shall be placed over Commonwealth Edison, Comcast and AT&T/SBC facilities without written release of easement by Commonwealth Edison, Comcast, AT&T/SBC. Any future vacation-beneficiary prompted relocation of Commonwealth Edison, Comcast and/or AT&T/SBC facilities lying within the area being vacated will be accomplished by Commonwealth Edison, Comcast and/or AT&T/SBC and/or done at the expense of beneficiary of the vacation.
SECTION 4. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, Porta Coeli Senior Housing, NFP, 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 a redevelopment agreement complying with Section 2 of this ordinance, and approved by the Corporation Counsel, and the attached plat as approved by the Superintendent of Maps and Plats.
SECTION 5. 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.
Page 2
Vacation Approved:
Rebekah Scheinfeld Commissioner of Transportation
Approved as to Form and Legality
Richard Wendy Deputy Corporation Co'unsel
Honorable Susan -Sadtowski Garza Alderman, 10th Ward
Page 3
or
SUBDIVISION IN THE EAST
THAT PART OF LOT 21 IN BLOCK 1 IN MERRIONETTi: MANOR, BtSNG
THL
A=31.24'(R) 1 iO'(R) A=46'(R) & A=43.6i'(R) 40'(R)
NORTHEAST 1/4 OF SECTION 12, NORTH OF THE INDIAN BOUNDARY LINE, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20, 1947 AS DOCUMENT NUMBER 14-127310, BOUNDED AND DESCRIEED AS. BEING A CORRIDOR, 10.00 FEET IN WIDTH, CONTIGUOUS TO THE SOUTHEASTERLY LINE OF LOTS 1 THROUGH TC, BOTH INCLUSIVE, AND THL EASTERLY LINE OF LOT TO, BEING A PORTION OF THE LAND AS HERETOFORE CONVEYED FOR "PUBLIC ALLEY" PURPOSES PER OUiT CLAIM FROM THE CATHOLIC BISHOP Of" CHICAGO TO THE CITY OT CHICAGO RECORDED FEBRUARY 23, 1950 AS DOCUMENT NUMBER 14740976, EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS.
EAST 98TH STREET
TOTAL AREA OF VACATED ALLEY = 4,360± S.F.
AREA TO BE VACATED LIMITS OF PROPERTY TO BE VACATED ADJOINING PROPERTY LINES ORIGINAL LIMITS OF LOT 21
THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED DATUM AND DO NOT REFLECT ANY RECORD DRAWINGS.
ALL PROPERTY ZONED RESIDENTIAL, EXCEPT THAT ARE NOTED AS PLANNED DEVELOPMENT 1195
THE FIELD WORK WAS 14, 2013.
PREPARED FOR AND MAIL TO: CATHOLIC CHARITIES OF THE ARCHDIOCESE OF CHICAGO 721 N. LASALLE CHICAGO, IL 60654
60' ROW
IOMP'lETED ON MAY
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT
REVISED: TULY 13, 201 5 (ATTY COMMENTS)
REVISED: AUGUST 29, 20M (CITY COMMENTS) {I 40246)
DATE: APRIL 10, 2013 (130242)
ORDER NO: 1S0845
PRO]. NO: 1378
FOR- CATHOLIC CHARITIES OF THE ARCHDIOCESE OF CHICAGO PRO). NAME: 9901 STREET SENIOR HOUSING CopyrightC'TFYV Surveying 4 Mapp.ng. tne, 2015. *J: nghtn n Profemonal Deiign Firm Registration ftB4-002793
5IMXNSIONS FOR THE VACATION ARE MEASURED, UNLESS THEY ARE NOTED AS BOTH RECORD (R) AND MEASURED (M).
ALL OFFSITE DIMENSIONS ARE RECORD.
jSS
STATE OF ILLINOIS COUNTY' OF LAKE
SURVEYING
TFW
URVEriNfJ. TOPOGP.API AST BELVIDzRE ROAD*SI 5*8-6600
CD0T# 12-07-13-3639
I, THOMAS F. WASILFJWSKI, ILLINOIS PROFESSIONAL LAND SURVD'OR, HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY AS DESCRIBED ABOVE AND THAT THE PLAT HEREON DRAWN IS A REPRESENTATION OF SAID SURVEY. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.
ULY, 2015.
MAPPING -
LAND SURVEYING- TOPOGRAPHIC MAPPING- CONSTRUCTION LAYOUT
BBS EAST BELVIDERE ROAD'SUITE 41 J'GRAYSLAKE, ILLINOIS 60O30
847-548-6600 FAX 847-54B-669i-
gof 35-2515 CERTIFIED Al GRAYSLAKE, ILLINOIS THIS 1 3TH;
U>-| LAND ICS
B I SURVEYOR I E
% \ STATE OF / I , ,
ft. ILLINOIS^vVf I J*tJV^*S^
*''«OlllH,«*
ILLINOIS PROFESSIONAL LAND SURVEYOR NO LICENSE EXPIRES NOVEMBER 30. 2016
CITY OF CHICAGO • ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -GENERAL INFORMATION
Legal name of Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Porta Coeli Senior Housing. NFP
Chech ONE of the following three boxes:
Indicate whether Disclosing Party submitting this EDS is:
[X] Ihe Applicant
OR
j ] a legal entity holding a direct or indirect interest in the Applicant. Stale the legal name ofthe
Applicant in which Disclosing Party holds an interest:
OR
[J a specified legal entity with a right of control (see Section H.B.l.b) State the legal name of the
entity in which Disclosing Party holds aright of control:
Business address of Disclosing Party: 721 North LaSalle, 5th Floor
Chicago. 7L 60654
Telephone: (312)948-6820 Fax: (312)944-1.550. Emailasmith@catholiccharities.iiet
Name of contact person: Aatwa»n Smith -
£. Federal Employer Identification No. (if you have one): _.
Brief description of contract, transition or other undertaking (referred to below as the "¦Maitcr'"') to which this EDS pertains. (Include project number and. location of property, if applicable):
Vacation of City-owned 10" strip of land with an approximate area of 4.360 SF west of Applicant's parcel and subsequent conveyance of said strip in connection with the Applicant's development of very low-income senior housing at 2260East 99' Street
Which Cily agency or department is requesting this EDS? Department of Transportation
If the Mattei- is a contract being handled by the City's Department of Procurement Services, please complete llic following: N/A
Specification H . and Contract H
ver Di-oi-12 Page 1 of 13
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
Party:
[ ] Limited liability company* f ] Limited liability partnership* [ ] Joint venture* f X] Not-for-profit corporation (Is the not-for-profit corporation also a 501 (c)(3))?
[X] Yes [ ] No
1] Other (please specify)
A. NATURE OF DISCLOSING PARTY
1. Indicate the nature ofthe Disclosing [ ] Person
[ ] Publicly registered business corporation f ] Privately held business corporation f ] Sole proprietorship [ ] Genera] partnership* [ ] Limited partnership* [ ] Trust
*Note B.l.b below
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 oflllinois: Has tlie organization registered to do business in the State oflllinois 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 title of all executive officers and all directors ofthe 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 tlie legal titleholder(s).
Ifthe entity is a general partnership, limited partnership. limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
There are no members.
See attached list of Directors and Officers (EXHIBIT A).
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% pf the Disclosing Parly. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.
Page 2 of 13
Exhibit A
Porta Coeli Senior Housing, NFP Board of Directors & Officers List
Term Effective November 17, 2014 Term Ending: Annual Board Meeting (October 2015)
Directors:
Mary Ann Bibat
721 N. LaSalle, 5th Floor
Chicago, IL 60654
Kathy Donahue
721 N. LaSalle, 4th Floor
Chicago, IL 60654
John Ryan
721 N. LaSalle, 4th Floor Chicago, IL 60654
John Veldman
721 N. LaSalle, 6th Floor
Chicago, IL 60654
Rev. Msgr. Michael Boland 721 N. LaSalle, 4th Floor Chicago, IL 60654
Eileen Higgins
721 N. LaSalle, 5th Floor
Chicago, IL 60654
Antwaun Smith
721 N. LaSalle, 5th Floor
Chicago, IL 60654
Officers:
President: Vice President: Secretary: Treasurer:
Rev. Msgr. Michael Boland John Ryan Eileen Higgins John Veldman
Interest of a member or manager in a limited liability company,, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the. City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.
Name Business Address Percentage Interest in the
Disclosing party
N/A
SECTION UJ - BUSINESS RELATIONSHIPS WITH CITV ELECTED OFFICIALS
Has the Disclosing Party has a "business relationship." as defined in Chapter 2-] 56 of tbe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [X] No
If yes, please identity below the namc(s) or such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS & OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through tlie 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: (]) a not-for-profit entiiy, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entiiy any part of whose duties as an employee of anoGier includes undertaking to influence any legislative or administrative action.
If the Disclosing Patty 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 io 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 nn acceptable response.
See attached list (EXHIBIT B).
(Add sheets if necessary)
f JCheck here ifthe 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 term ofthe contract.
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 coun of competent jurisdiction?
[ ] Yes [ ] No [X] 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 owned and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1 -23, Article 1 ("Article r)(which the Applicant should consult for defined terms (e.g "doing business") and legal requirements), ifthe Disclosing Party submitting tlie EDS is tlie 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 indicated or charged with, or has admitted guili of, or has ever been convicted of, or placed under supervision for,.any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency: and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with tlie City. NOTE: If Article 1 applies to the Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certification 2 and 3 below.
Page 4 of 13
Exhibit B
Name Business Address Relationship to Disclosing Party Fees
Joseph J. Duffy Company General Contractors (to be retained) 4994 N Elston Ave. Chicago, rL 60630 Contractor $13,904,735 (est.)
Harley Ellis Devereaux (retained) (retained) (to be retained) 401 W Superior St. Chicago, IL 60654 Architect Supervision Interiors $509,250 (est.) (signed 10/1/2012) $169,750 (est.) (signed 10/1/2012) $46,560 (est.)
Sugar and Felsenthal, LLP (retained) 30 N LaSalle St. Suite 300 Chicago, rL 60602 Transactional Attorney $2,323 (paid)
Daspin and Aument, LLP (retained) 227 W Monroe St. Suite 3500 Chicago, IL 60606 Zoning Attorney $25,000 (paid) (signed 2/9/2012)
Seeco Consulting, Inc. (retained) 7350 Duvan Drive Tinley Park, IL 60477 Phase I Testing Soil Borings (subcontractor) $15,155 (est.) $29,665 (est.) $8,976 (est.)
TWF Surveying & Mapping, Inc. (retained) 888 EBeIvidereRd. Suite 413 Grayslake, IL 60030 Surveyor (subcontractor) $11,601 (est.) (signed 1/30/2012)
Rise Group, LLC (retained) 120 S LaSalle St. Suite 1350 Chicago, IL 60603 Technical Services Consultant $9,989 (paid) (signed 4/18/2012)
Kelly Appraisal Consultants (retained) 2000 N Racine Ave. Suite 3400 Chicago, EL 60614 Appraisal (subcontractor) S3,500 (paid) (signed 9/7/2012)
Grand Consulting (retained) 110 Elgin Ave. Forest Park, IL 60130 Consultant $100,000 (est.) (signed 9/1/2009)
Tyson and Billy Architects (retained) 4000 Morsay Drive Rockford,IL61107 Architect Cost Analysis (subcontractor) $2,500 (est.) (signed 9/10/2012)
Law Office of William G. Skalitzky, P.C. (retained) 626 W Jackson Blvd. Suite 400 Chicago, fL 60661 Transactional Attorney $45,000 (est.)
Thompson Coburn Fagel Haber (retained) POBox 18379M St. Louis, MO 63195 Legal $17,677 (paid)
Fidelity National Title Insurance Company (retained) 20 N Clark St. #220 Chicago, IL 60602 Title (subcontractor) $20,000 (est.)
Deloitte & Touche (retained) 180 N Stetson Ave. Chicago, 60601 Cost Certification (subcontractor) $15,000 (est.)
Holcer & Company, Inc. (retained) 1900 Spring Rd. Suite 510 Oakbrook, IL 60523 Appraisal (subcontractor) $3,400 (paid)
/
The Disclosing Party and. if Ihe Disclosing Pany is a legal entity, all of those persons or entities identified in Section ll.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, slate or local unit of government:
have not, within a five-year period preceding that date of this EDS. been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered againsl 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 charges 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 nol, within a five-year period preceding the date of this EDS, had one or more public transaction (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:
tbe Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to any 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 equipmenr; common use of employees; or organization of a business entity following the ineligibility of a business entity to do bnsiness with federal or state or local government, including Ihe City, using substantially the same management, ownership, or principals as the ineligible enuty) with respect to Contractors, tlie 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 conUol of another person or enrity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Party or any Contractor nor any Agents have, during the Jive years before tlie date this EDS is signed, or. with respect to a Contractor, an Affiliated Entity, or an Affilialed Entity of a Contractor during the five years before the date of such Contractor's or Affilialed Entity's contract or engagement in connection with tlie Matter:
a. 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 ofthe federal government or of any state or local government in the United Stated of America, in that officer's or employee's official capacity:
b agreed or colluded with other bidders, or prospective bidders, or been a pany 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 i n a. or b. above that is a mat ter of record, but have nol 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 01 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 ofany state or of the United Stated of America lhat 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 ofthe U.S. Department ofthe Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons Lists, 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.
Ifthe Disclosing Party is unable to certify to any of die above statements in litis 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 Parly certified Io the above statements.
S. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at ony time during the 12-month period preceding Ihe execution date oflhis EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
None
9. To the best ofthe Disclosing Party's knowledge after reasonable inquiiy, the following is a
complete list of all giJ'ts that the Disclosing Party has given or caused 1o be given, at any lime during the
12-monlh period preceding the execution date of this EDS, to an employee, or elected or appointed
official, ofthe City of Chicago. Forpuiposcs oftiiis 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 non, indicate
with a "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
. [ ] is IX] is not
a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.
If the Disclosing Parly 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 ofthe Municipal Code. We further pledge diat none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. "We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with die 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 apredatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages of necessary):
Page7ofl3
Ifthe letters "NA." the word "None." or no response appears on the lines above, il will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or icrms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
1. 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 tlie name of any other person or
entitv in the Matter?
U Yes |X]No
NOTE: Jf you checked "Yes" to Item D. 1., proceed to Items D.2. and D.3. If you checked "No" io Item D.l proceed to Pan E.
2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City
el ected official or employee shall have a financial interest in his or her own name or in die name of any other person or entity in the purchase of any property dial (i) belongs to die City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to tlie 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 I] No
3. If you checked "Yes" to Item D.l., provide the names and business addresses of tlie 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 SLA VERY ERA BUSINESS
Please cheek either I. or 2. below. Jf 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 o£13
comply wilh ihese disclosure requirements may make any coniraci entered into with the City in connection wilh the Matter voidable by the City.
X 1. The Disclosing Party verifies thai tbe Disciosing Party lias 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 provide coverage for damage 10 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 fotind records of investments or profits from slavery' or slaveholder insurance policies. The Disclosing Party verifies thai 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 nut federally funded, proceed to Section VII. For purposes of diis Section V], tax credits allowed 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 ofthe Disclosing Parly with
respect to the Matter: (Add sheets as necessary): x
Mark Lenz. Sugar & Felsenthal LLP
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the work "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under tlie Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter.)
2. The Disclosing Party has nol spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or lo pay any person or entity to influence or attempt to influence an officer or employee ofany 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 widi the award ofany federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify and federally funded contract, grant, Joan, or cooperative agreement.
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Tlie Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event lhat materially affects the accuracy ofthe 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 tlie 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".
Ifthe Disclosing Party is the applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Ifthe 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 die Applicant?
[X]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 [X] No
Have you filed with tbe 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 tiling requirements?
[] Yes [X] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[] Yes [X] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
litis applicant has no employees.
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SECTION VU — ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Patty understand 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 wilh the Matter, whether procurement, City assistance, or other City action, and are material inducements to tlie City's execution ofany contract or taking other action with respect to the Matter. Tlie Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
Tlie City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.citvofchicago.on^Etliics . 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 die City may pursue any remedies under Ihe contract or agreement (if not rescinded or void), at law, or in equity, including tenninating the Disclosing Party's participation in the Matter andVor declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe infonnation provided on this EDS and any attachments to this EDS may be made available to the public on die Internet, in response io a Freedom of Information Act request, or otherwise. By completing and signing diis 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 ofany information submitted in this EDS.
The infonnation 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 die Matter. If die 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 INTELIGIBILITY 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 ofthe Municipal Code,
The Disclosing Party represents and warrants that:
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F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing 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 Ifthe 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 ofthe 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.
Porta Coeli Senior Housing. NFP
(Print or type name of Disclosing Party)
By:_
(Sign here)
Rev. Monsignor Micheal M. Boland
(Print or type name of person signing)
_Pxesident :
(Print or type title of person signing)
Signed and sworn to before me on (date)
at Gpok County, Illinois
Commission expires:
Tuly 14,2015
(state). Notary Public. <
OFFICIAL SEAL SHANICE DAVIS Notary Public • State ot Illinois My Commission Expires Feb 25, 2019
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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, anil (b) ;»ny legal entity which has :i direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship'" with any elected city official or department head. A "familial relationship" exists if. as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related, by blood or adoption, lo the mayor, any alderman, the city clerk, the city treasurer, or any city department head as 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 Parr means (1) all corporate officers ofthe Disclosing Party, ifthe Disclosing Parry is a corporation; all partners ofthe Disclosing party, ifthe 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 member of the Disclosing Party, if die Disclosing Party is a limited liability company: (2) all principal officers of the Disclosing Party; and (3) any person having more titan 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 currendy have a "familial relationship'" with an elected city official or department head?
[ ] Yes [X] No
If yes, please identify below (l)the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) die 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
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
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 (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of tlie Municipal Code?
[ ]Yes [X]No
Ifthe Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 ofthe Municipal Code?
[ ]Yes [X]No [ ] Not Applicable
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofflaw or problem landlord and the address of the building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDLX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTD7ICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.