final for publication
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: That Title 17 of the Municipal Code of Chicago, Chicago Zoning Ordinance, be amended by changing all the Residential Business Planned Development Number 1116 symbols and indications as shown on Map No. 1-E in the area bounded by:
East Lake Street; North Garland Court; East Benton Place; North Wabash Avenue; a line 64.85. feet north of and parallel to East Benton Place; and a line 100.48 feet west of and parallel to North Garland Court,
to the designation of Residential Business Planned Development Number 1116, as
amended, which is hereby established in the area above described, subject to such use
and bulk regulations as are set forth in the Plan of Development attached herewith and
made a part thereof and to no others.
SECTION 2: This ordinance shall take effect upon its passage and due publication.
RNAL FOR PUBLICATION
RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1116, AS AMENDED PLAN OF DEVELOPMENT STATEMENTS
The.area delineated herein as a Residential Business Planned Development No. 111.6, as amended, consists of property commonly known as 73 E. Lake Street and 171 N. Wabash Avenue, Chicago Illinois ("the Property"). The Property consists of Sub-Area A of approximately 17,120 square feet and Sub-Area B of approximately 7,795 square feet for a total net site area of 24,915 square feet (0.5719 acres). The property in Sub-Area B is owned, controlled or zoning consent has been received by the Applicant, RZRLLC Wabash. This amendment only makes changes with respect to Sub-Area B.
All applicable official reviews, approvals or permits are required to be obtained by the Applicant or its successors, assignees, or grantees. Any dedication or vacation of streets or alleys, or easements, or adjustments of right-of-way, or consolidation or resubdivision of parcels, shall require a separate submittal on behalf of the Applicant or its successors, assignees, or grantees and approval by the City Council.
The requirements, obligations and conditions contained within this Planned Development
shall be binding upon the Applicant, its successors and assigns and, if different than the
Applicant, the legal title holders and any ground lessors. All rights granted hereunder to
the Applicant shall inure to the benefit of the Applicant's successors and assigns and, if
different then to the owners of record title to all ofthe Property and to any ground lessors.
Furthermore, pursuant to the requirements of Section 17-8-0400 of the Chicago Zoning
Ordinance, the Property, at the time applications for amendments, modifications or
changes (administrative, legislative or otherwise) to this Planned Development are made,
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19, 2016
FINAL FOR PUBLICATION
shall be under single ownership or under single designated control. Single designated control for purposes of this paragraph shall mean that any application to the City for any amendment to this Planned Development or any other modification or change thereto (administrative, legislative or otherwise) shall be made or authorized by all the owners of the Property and any ground lessors. An agreement among property owners or a covenant binding property owners may designate the authorized party for any future amendment, modification or change. Provided, however, that after the adoption of an ordinance wherein the Property is divided into specifically delineated subareas, each having its own bulk and density standards, or similar subarea specific development controls or requirements, the owners of or designated controlling party for each subarea may seek amendments, changes, or modifications for that subarea without the consent of the owners or designated controlling party of the other subareas.
This Plan of Development consists of sixteen Statements; a Bulk Regulations and Data Table; an Existing Zoning Map; Existing Land Use Map; a Planned Development Boundary and Property Line and Sub-Area Map; a Site Plan / Landscape Plan, a Roof Plan, Building Section Plan and Building Elevations prepared by William Warman dated May 19, 2016. Full size sets of the Site Plan, Landscape Plan, Roof Plan and Building Elevations arc on file with the Department of Planning and Development. The Planned Development is applicable to the area delineated hereto and these and no other zoning controls shall apply.
The following uses shall be permitted within the area herein delineated as Sub-Area A of
the Residential Business Planned Development No. 1116, as. amended: residential, .
commercial, retail, accessory parking, and related uses and services, and all uses
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19,2016
2'
FINAL FUR PUBliCATiON
permitted in the Commercial use group ofthe DX Downtown Mixed Use District. The following uses shall be prohibited in Subarea A: hotel, animal services, undertaking, entertainment cabaret, uses permitted under the vehicle sales and service, and industrial uses.
The following uses shall be permitted within the area herein delineated as Sub-Area B of the Residential Business Planned Development No. 1116, as amended: residential, business support services (excluding day labor employment agency), financial services (excluding payday/title secured loan stores and pawn shops), general retail sales, eating and drinking establishments, food and beverage retail sales (excluding package liquor stores), office, medical service, personal service, religious assembly and related facilities and accessory uses. The following uses shall be prohibited in Subarea B: hotel, animal services, undertaking, entertainment cabaret, and uses permitted under the vehicle sales and service, and industrial uses.
On premise Business Identification signs shall be permitted within the Planned Development subject to the review and approval of the Department of Planning and Development. Temporary signs, such as construction and marketing signs shall be permitted, subject to the review and approval of the Department of Planning and Development. No off premise signs shall be permitted.
Ingress and egress shall be subject to the review and approval ofthe Department of Transportation Bureau of Traffic, and the Department of Planning and Development. All work proposed in the Public Way must be designed and constructed in accordance with thc Chicago Department of Transportation Construction Standards for Work in the Public
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19,2016
FINAL FOR PUBliGATWN
Way and in compliance with the Municipal Code ofthe City of Chicago. Closure of all or part of any public streets or alleys during demolition or construction shall be subject to the review and approval ofthe Chicago Department of Transportation. The Sub-Area A Applicant will reimburse the City for the cost to retrofit existing traffic signals with up to 4 pedestrian countdown signals at the intersection of Lake Street and Michigan Avenue.
For the purposes of measuring height, the definition in the Chicago Zoning Ordinance shall apply. In addition to the maximum height ofthe building and any appurtenance thereto prescribed in this Planned Development, the height of any improvement shall also be subject to height limitations approved by the Federal Aviation Administration.
For purposes of Floor Area Ratio (F.A.R.) calculations, the definitions in the Chicago Zoning Ordinance shall apply. The maximum permitted floor area ratio ("F.A.R.") shall be in accordance with the attached Bulk Regulations and Data Table. Thc permitted F.A.R. identified in the Bulk Regulations and Data Table has been determined using a Net Site Area of 24,915 square feet, a base F.A.R. of 16.0 and an additional Floor Area Bonus, as follows:
Description F.A.R.
Base F.A.R. 16.00
Affordable Housing Bonus 2.40
Total F.A.R.: 18.40
The calculation of the additional floor area ratio ("F.A.R.") obtained through the proposed Affordable Housing Bonus is as follows:
F.A.R. = 16 x 0.15 = 2.40 F.A.R.
APPLICANT: RZR LLC WABASH
ADDRESS: 1 71 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19,2016
FIK'A' FOR PURf \p(ynr
2 AO x 24,915 square feet = 59,796 square feet.
59,796 square feet x $31.00 per square foot x .80 = a $ 1,482,941.00 contribution. -10. -Upon review and determination, "Part II Review", pursuant to Section 17-13-0610 of the Zoning Ordinance, a Part II Review Fee shall be assessed by the Department of Planning and Development. The fee, as determined by staff at the time, is final and binding on the Applicant and must be paid to the Department of Revenue prior to thc issuance of any Part II approval.
The improvements shall be designed, installed and maintained in substantial conformance with the Site Plan, Landscape Plan and Building Elevations and in accordance with the parkway tree provisions of the Chicago Zoning Ordinance and corresponding regulations and guidelines. Notwithstanding any statement to the contrary, this Planned Development shall be subject to thc provisions of Chapter 17-11 of the Chicago Zoning Ordinance governing landscaping and screening. In any instance where a provision of this Planned Development conflicts with landscape and screening provisions of the Chicago Zoning Ordinance, the Chicago Zoning Ordinance shall control. Nothing in this Planned Development is intended to waive the applicability of the landscape and screening provisions of the Chicago Zoning Ordinance.
The terms, conditions and exhibits of this Planned Development Ordinance may be
modified administratively pursuant to Section 17-13-0611 of the Chicago Zoning
.Ordinance by the Zoning Administrator of the Department of Planning and Development,
upon thc application for such a modification by the Applicant and after a determination
by the Zoning Administrator that such a modification is minor, appropriate and consistent
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19, 2016
FINAL FOR PUBLICATION
with the nature of the improvements contemplated in this Planned Development and the purposes underlying the provisions hereof. Any such modification ofthe requirements of this Statement by the Commissioner of the Department of Planning and Development shall be deemed to be a minor change in the Planned Development as contemplated by Section 17-13-0611 ofthe Chicago Zoning Ordinance.
The Applicant acknowledges that it is in the public interest to design, construct and maintain all buildings in a manner that promotes and maximizes the conservation of natural resources. The buildings to be constructed on each of Sub-Area A and Sub-Area B shall be constructed under the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. With respect to the buildings on each of Sub-Area A and Sub-Area B, the Applicant shall provide a vegetated ("green") roof on at least fifty percent (50%) of the building's net roof area. Sub-Area A will provide a green roof with (5,522) square feet. Sub-Area B will provide a green roof with (3,150) square feet. "Net roof area" is defined as total roof area minus any required perimeter setbacks, roof top structures, and roof-mounted equipment.
The Applicant acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor's Office for People with Disabilities to ensure compliance with all applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility.
15. Pursuant to Section 17-4-1004 of the Zoning Ordinance, the Applicant has asked for an
increase in thc floor area ratio for Sub-Area A of the Property, as set forth in the bonus
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19,2016|1010|
¦FINAL FOR PUBLICATION
worksheet required under Section 17-4-1003-D ("Bonus Worksheet"). Projects receiving an affordable housing floor area bonus must either provide on-site affordable housing units or make a cash payment to the city's Affordable Housing Opportunity Fund in accordance with formulas set forth in Section 17-4-1004-D. The Applicant has elected to make a cash payment in lieu of providing on-site affordable housing units. In accordance with the formulas set forth in Section 17-4-1004-D and the Bonus Worksheet, the Applicant acknowledges and agrees that it must make a cash payment to the Affordable Housing Opportunity Fund in the amount of $1,482,941.00 ("Cash Payment"). The Applicant must make the required Cash Payment before the issuance of building permits for the construction ofthe building in Sub-Area A, and must comply with all applicable affordable housing standards and requirements set forth in Section 17-4-1004, the terms of which are incorporated herein by this reference. 16. Unless substantial construction on Sub-Area B has commenced within six (6) years following adoption of this Planned Development, and unless completion is thereafter diligently pursued, then this Planned Development shall expire. If this Planned Development expires under the provisions of this section, then the zoning of Sub-Areas A and B of the Planned Development shall automatically revert to Residential Business Planned Development Number 1116, as amended on February 15, 2012.
APPLICANT: RZR LLC WABASH
ADDRESS: 171 N. Wabash Ave,
DATE: September 24, 2015
CPC DATE: May 19,2016|1010|FINAL FOR PUBLICATION
RESIDENTIAL-BUSINESS PLANNED DEVELOPMENT NO. 1116, AS AMENDED
BULK REGULATIONS AND DATA TABLE
SITE AREA:
39,482 SQUARE FEET (0.9064 ACRE)
24,915 SQUARE FEET (0.5710 ACRE)
14,567 SQUARE FEET (0.335 ACRE)
SUBAREAA SUBAREA B
17,120 SQUARE FEET (0.3930 ACRE) (68.71% OF NET SITE AREA) 7,795 SQUARE FEET (0.1789 ACRE) (31.29% OF NET SITE AREA)
FLOOR AREA RATIO AND BUILDABLE AREA OVERALL MAXIMUM FAR
OVERALL MAXIMUM BUILDABLE AREA
SUB AREA A
MAXIMUM FAR BUILDABLE SQUARE FOOTAGE ASSIGNED TO SUBAREA A
458,436 SQUARE FEET (24,915 NET SITE AREA BY 18.40 FAR)
402,000 SQUARE FEET
MAXIMUM FAR
SUBAREA B
MAXIMUM FAR BUILDABLE SQUARE FOOTAGE ASSIGNED TO SUBAREA B
MAXIMUM FAR
MAXIMUM HEIGHT
SUBAREA A
494 FEET (AS MEASURED BY CHICAGO ZONING ORDINANCE)
90 FEET (AS MEASURED BY CHICAGO ZONING ORDINANCE)
FINAL FDR PUBLICATION
MAXIMUM NUMBER OF RESIDENTIAL UNITS SUBAREA A
30 EFFICENCY 60 UNITS
30 DWELLING UNITS
NONE
SUBAREA B
PARKING SPACES
SUBAREA A
183 ACCESSORY PARKING SPACES
SUBAREA B
LOADING BERTHS
SUBAREA A
2 (10FEET BY 25 FEET) LOADING BERTHS AND (10 FEET BY 50 FEET) LAODING BERTH
1(10 FEET BY 25 FEET) LOADING BERTH
APPLICANT: RZR LLC, WABASH ADDRESS: 171 NORTH WABASH DATE: SEPTEMBER 24, 2015 CPC DATE:
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DATE. SEPTEMBER 24, 2015
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CALCULATIONS FOR GREEN ROOF SUB AREA 'B'
GROSS ROOF AREA 6,536 SF
NET ROOF AREA 6,216 SF
TOTAL ACCESSIBLE GREEN 3,108 SF
ROOF AREA
TOTAL GREEN ROOF AREA 3,150 SF
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APPLICANT:RZR LLC, WABASH ADDRESS: 171 NORTH WABASH DATE:SEPTEMBER 24, 2015 CPC DATE: MAY 19, 2016
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APPLICANT: RZR LLC, WABASH ADDRESS 171 NORTH WABASH DATE: SEPTEMBER 24, 2015 CPC DATE: MAY 19, 2016
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APPLICANT: RZR LLC, WABASH ADDRESS: 171 NORTH WABASH DATE: SEPTEMBER 24, 2015 CPC DATE: MAY 19, 2016
APPLICANT RZR LLC, WABASH ADDRESS 171 NORTH WABASH DATE SEPTEMBER 24, 2015 CPC DATE MAY 19, 2016
APPLICANT RZR LLC, WABASH ADDRESS 171 NORTH WABASH DATE SEPTEMBER 24 2015 CPC DATE MAY 19.2016
\WL FOR PUBLICATION
APPLICANT RZR LLC, WABASH ADDRESS 171 NORTH WABASH DATE SEPTEMBER 24. 2015 CPC DATE MAY 19. 2016
COMPOSITE SOUTH ELEVATION
APPLICANT. RZR LLC, WABASH ADDRESS: 171 NORTH WABASH DATE: SEPTEMBER 24, 2015 CPC DATE MAY 19, 2016
Department of Planning and Development
city of chicago
MEMORANDUM
Alderman Daniel S. Solis
Chairman, City Council Committee on Zoning
David L. Reifmarr Secretary
Chicago Plan Commission May 20, 2016
RE: Proposed Amendment to Residential Business Planned Development No. 1116 for property generally located at 171 North Wabash Avenue.
On May 19, 2016, the Chicago Plan Commission recommended approval ofthe proposed amendment submitted by RZR LLC Wabash. A copy of the proposed planned development is attached. I would very much appreciate your assistance in having this introduced at the next possible City Council Committee on Zoning hearing.
Also enclosed is a copy of the staff report to the Plan Commission which includes the Department of Planning and Development, bureau of Planning and Zoning recommendation and a copy ofthe Resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-5777.
cc: Steve Valenziano
PD Master File (Original PD, copy of memo)
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602
REPORT TO THE CHICAGO PLAN COMMISSION FROM
THE DEPARTMENT OF PLANNING AND DEVELOPMENT
MAY 19, 2016
AMENDMENT TO RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1116 AND LAKEFRONT PROTECTION ORDINANCE APPLICATION NO. 678
APPLICANT: LOCATION:
RZR LLC WABASH
171 NORTH WABASH AVENUE
Pursuant to the provisions ofthe Chicago Zoning Ordinance, Title 16 and 17 of the Municipal Code of Chicago, the Department of Planning and Development hereby submit this report and recommendation on a proposed amendment to Residential Business Planned Development No. 1116 for your review and recommendation to the Chicago City Council. The application for the amendment to the Chicago Zoning Ordinance was introduced into the City Council on September 24, 2015 and a Lakefront Protection Application was filed with the Department on September 16, 2015. Proper legal notice of the public hearing on the application was published in the Chicago Sun Times on May 4, 2016. The Applicant was separately notified of this hearing.
This application is submitted as a mandatory planned development pursuant to section 17-8-0515 Expansion of Existing Development. The applicant proposes to amend Subarea B to allow a residential use, containing a maximum of 60 units, within a proposed seven-story building with ground floor retail and accessory and related uses.
SITE AND AREA DESCRIPTION
i i
The project consists of Subarea B of Planned Development No. 1116 and consist of 7,795 square feet and is bounded on the north by a multi-story commercial and residential building, on the east by Subarea A with a multi-story residential building, on the south by East Benton Court and on the west by a North Wabash Avenue.
i Sub Area A tCEIOtKHAL USE
Planned DevelopiTierii Site
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1. PD Boundary and Existing Land Use Map. 2. Photo of existing conditions.
PROJECT DESCRIPTION AND BUILDING DESIGN
The applicant proposes to rezone the site from a Residential Business Planned Development No. 1116 to Residential Business Planned Development No. 1116 as Amended. The proposal will establish a seven-story masonry building with approximately 5,000 square feet of ground floor retail and 60 residential dwelling units. The top floor will be a partial floor and allow for a vestibule with access to the roof level and a green roof. The base ofthe building is defined by an aluminum store front system with stone accent arid the mid portion ofthe building is defined by brick masonry with stone accents and a typical Chicago Style Window for each residential unit. The top of the building is accentuated with a natural sand stone color style brick with double hung aluminum windows for the residential units.
ACCESS/CIRCULATION
The pedestrian access point for the 7-story residential building is located on East Benton Court Loading will occur along a private drive along the north side ofthe proposed building.
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LANDSCAPING and SUSTAIN ABILITY
The applicant must comply with the City of Chicago's Landscape Ordinance. In addition the proposed building is required to achieve building certification and provide a 50% green roof as defined by the City of Chicago Sustainable Matrix.
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THE PROPOSED GREEN ROOF
APPLICANT: RZR LLC,WABASH ADDRESS. L71 North WABASH DATE MAY 19, 2016 CPC Date: May 19, 2016
CALCULATIONS FOR GREf N ROOF SUB AREA '8'
GROSS ROOF AREA 6,536 SF
NET ROOf AREA 6.216 SF
TOTAL ACCESSIBLE GREEN 3,108 SF
ROOF AREA
TOTAL GREEN ROOF AREA 3.1S0 SF
4. Green Roof, Roof Deck and Amenity level.
BULK/USE/DENSITY
This PD amendment application does not trigger the 2007 ARO as it does not seek to increase the FAR of existing PD 1116. PD 1116 has a total amount of Bonus Far of 2.40 pursuant to the Affordable Housing FAR Bonus. This FAR Bonus was utilized by the Subarea A and the Developer paid $1,482,941.00 for Subarea A; the FAR for Subarea B is 7.24 or 56,436 sf of build-able square feet. The gross square footage of the development as proposed is approximately 54,000 sq. ft. which is within the permitted FAR. Neither the FAR of Subarea A or B is being changed by this PD Amendment and therefore the FAR of Subarea B remains unchanged at 7.24 and the Minimum Lot Area also permits the 60 residential dwelling units. This amendment application does not trigger the 2007 ARO as it does not seek to increase the FAR of this planned development.
Reference attached Bulk and Data Table Exhibit.
RECOMMENDATION
The Department of Planning and Development has reviewed the project materials submitted by the applicant and has concluded that the proposed amendment to Residential Business Planned Development No. 1116 would be appropriate for the site and that the project meets the review criteria for planned developments set forth in the Zoning Ordinance (Section 17-13-0900).
The project complies with the Standards and Guidelines for Planned Developments in the Zoning Ordinance (Section 17-8-0900).
Approved Plans. The project conforms to the State Street/Wabash Avenue Commercial Corridor Plan approved by Plan Commission on January 2000.
Transportation, Traffic Circulation and Parking. The pedestrian access point for the 7-story residential building is located on East Benton Court. Loading will occur along a private drive along the north side of the proposed building. The proposed building is not required to provide parking.
Pedestrian Orientation. The proposed project will allow unimpeded pedestrian flow on North Wabash Avenue. The entire street frontage of the building is enlivened by an aluminum storefront base looking directly onto the street frontage.
Urban and Building Design. The building's design emphasizes the contrast among the various types of architectural vocabulary along both East Lake Street and North Wabash Avenue.
The proposed development is compatible with the character of the surrounding area in terms of uses, density, and building scale.
a. The proposed amended Planned Development would increase the maximum net site area but the Floor Area Ratio (F.A.R.) stipulated by the existing Planned Development for Sub-Area B would remain at the previously approved maximum F.A.R of 7.24. This project would have similar uses as the surrounding areas, which include residential, commercial, and accessory parking.
Also, the Department of Planning and Development has reviewed the proposal with regard to the requirements ofthe Lake Michigan and Chicago Lakefront Protection Ordinance and have concluded that the proposed development would be in compliance with the applicable Policies of the Lakefront Plan of Chicago and the Purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance as they apply to development in the Private Use Zone, particularly:
Policy No. 3 (Continue to improve the water quality and ecological balance of Lake Michigan) and Purpose No. 3 (To maintain and improve the quality ofthe waters of Lake Michigan). A green roof system and on-site storm water retention systems will reduce storm water run-off.
Policy No. 10 (Ensure a harmonious relationship between the lakeshore parks and the community edge, but in no instance will further private development be permitted east of Lake Shore Drive). The proposed project will provide an active frontage along
North Wabash Avenue by providing an uninterrupted pedestrian flow along Lake Street allowing pedestrian to connect to Michigan Avenue and the Lakefront Park system.
Purpose No. 10 (To insure that development of properties adjacent to the Lake or Lakefront Parks is so defined as to implement the above-stated purposes). The proposed project would comply with the accompanying proposed amendment to the site's Residential Business Planned Development No. 1116 for uses (residential uses and ground floor retail)
Policy No. 14 (Coordinate all public and private development within the water, park, and community zones). The public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy. The proposed development has been reviewed by the Chicago Department of Transportation and all requested changes have been made.
With respect to the Policies and Purposes not enumerated here, the Department of Planning and Development has determined that they are either not applicable to development in the Private Use Zone or that the proposed project will not have a detrimental affect on the Lake Michigan shoreline or any wildlife habitats therein. In addition, no new roadways are proposed as part of this project.
Based on the foregoing, it is the recommendation of the Department of Planning and Development that the revised application for a Residential Business Planned Development No. 1116 be approved and the recommendation to the City Council Committee on Zoning, Landmarks and Building Standards be "As-Revised, Passage Recommended"
Further, based on the findings in this report, it is also the recommendation ofthe Department of Planning and Development that the Chicago Plan Commission approve Lake Michigan and Chicago Lakefront Protection Ordinance Application No. 678, as revised, as being in conformance with the provisions of the Lake Michigan and Chicago Lakefront Protection Ordinance subject to the terms ofthe corresponding Planned Development.
Department of Planning and Development
|1010|
FINAL
Department of Planning and Development
CITY OF CHICAGO
AMENDMENT TO RESIDENTIAL BUSINESS PLANNED DEVELOPMENT NO. 1116 171 NORTH WABASH AVENUE
WHEREAS, the applicant, RZR LLC WABASH, proposes to amend Residential Business Planned Development No. 1116. The application for the amendment to the Chicago Zoning Ordinance was introduced into the City Council on September 24, 2015; and
WHEREAS, The applicant proposes to amend Subarea-B of Planned Development No.
1116 to allow for 60 dwelling units, one loading berth, within a proposed seven-story building with ground floor retail and accessory and related uses. This applicant is submitted as a mandatory planned development pursuant to section 17-8-0515 Expansion of Existing Development; and
WHEREAS, proper legal notice of a hearing before the Chicago Plan Commission on the amendment to the Planned Development was published in the Chicago Sun-Times on May 4, 2016; the applicant was separately notified of this hearing; the proposed Planned Development application were considered at a public hearing by this Plan Commission on May 19, 2016; and
WHEREAS, the Department of Planning and Development recommends approval of the Planned Development application, which recommendation and the reasons therefore are contained in the Department's written report dated May 19, 2016, a copy of which is attached hereto and made a part hereof; and
WHEREAS, this Plan Commission has fully reviewed the Planned Development application and ail information submissions associated with the proposed development, the report and recommendation of the Commissioner of the Department of Planning and Development, and all other testimony presented at . the public hearing held on May 19, 2016, giving due consideration to the Planned Development Standards and Guidelines contained in the Chicago Zoning Ordinance; and
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO ILLINOIS 60602
FINAL
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
THAT the final application dated May 19, 2016 be approved as being in conformance with the provisions, terms and conditions of the corresponding Zoning application; and
THAT this Plan Commission recommends approval-to the -City Council Committee on Zoning, Landmarks and Building Standards of the final zoning application dated May 19, 2016; and
THAT the above-stated recitals to this resolution together with the report of the Commissioner of the Department of Planning and Development be adopted as the findings of fact of the Chicago Plan Commission regarding the zoning map amendment for Residential Business Planned Development No. 1116 application.
Martin Cabrera, Jr. Chairman
Chicago Plan Commissi
Approved: May 19, 2016 RBPD No. 1116, as
amended
FINAL
Department of Planning and Development
CITY OF CHICAGO
171 NORTH WABASH AVENUE LAKE MICHIGAN AND CHICAGO LAKEFRONT PROTECTION ORDINANCE
APPLICATION No. 678
WHEREAS, the applicant, RZR LLC WABASH, proposes to construct 60 dwelling units, one loading berth, within a proposed seven-story building with ground floor retail and accessory and related uses. The property is located within the Private Use Zone of the Lake Michigan and Chicago Lakefront Protection District and therefore requires Chicago Plan Commission approval under the Lake Michigan and Chicago Lakefront Protection Ordinance; and
WHEREAS, Application No. 678 for approval under the Lake Michigan and Chicago Lakefront Protection Ordinance was filed with the Department of Planning and Development on September 16, 2015; and
WHEREAS, proper legal notice of a hearing before the Chicago Plan Commission on the Lake Michigan and Chicago Lakefront Protection Ordinance application was published in the Chicago Sun-Times on May 4, 2016; the applicant was separately notified of this hearing; the Lake Michigan and Chicago Lakefront Protection Ordinance application were considered at a public hearing by this Plan Commission on May 19, 2016; and
WHEREAS, the Department of Planning and Development recommends approval of the Lake Michigan and Chicago Lakefront Protection Ordinance Application No. 678, which recommendation and the explanation thereof is contained in the Department's written report dated May 19, 2016, a copy of which is attached hereto and made a part hereof; and
WHEREAS, this Plan Commission has reviewed the application with respect to the Lake Michigan and Chicago Lakefront Protection Ordinance and finds that the proposal would be consistent with the Purposes of that Ordinance and the Policies ofthe Lakefront Plan of Chicago; and
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO ILLINOIS 60602
FINAL
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
1. THAT the above-stated recitals to this resolution together with the report of the Commissioner of the Department of Planning and Development be adopted as the findings of fact of the Chicago Plan Commission regarding this application; and
THAT Lake Michigan and Chicago Lakefront Protection Ordinance Application
No. 678, dated May 19, 2016 as revised, be approved as being-jn conformance
with the provisions of the Lake Michigan and Chicago Lakefront Protection
Ordinance.
Martin Cabrera, Jp Chairman Chicago Plan Commission
Approved: May 19, 2016 LF No. 678
¦ir-:.
v.. v CITY OF CHICAGO RECEIVED
• • :;. ¦., .} "pi".
"'~.-)"\' > N APPLICATION FOR AN AMENDMENT TO MAY 1 9 2015
, • \rvA,u, \ U;t THE CHICAGO ZONING ORDINANCE - J
1 ADDRESS of thc property Applicant is seeking to rezone 171 N. Wabash Avenue
Ward Number that property is located in: 42nd Ward
APPLICANT RZR LLC Wabash
ADDRESS 333 S. DesPlaines. Suite 207 CITY Chicago
STATE JL ZIP CODEJ0661 PHONE 312-441-0620
EMAIL mark@ogdenpartnors.com CONTACT PERSON Mark R. Ordower
4, Is the applicant the owner of the property? YES NO_*_
If the applicant is not the owner of the property, please provide thc following information regarding the owner and attach written authorization from the owner allowing the application to proceed.
OWNER Consolidated Equities III LLC
ADDRESS 1025 W. Addison Street CITY Chicago .
STATEJL ZIP CODE 60613 _ PHONE 773-868-3780
EMAIL preferredequities@aol.com CONTACT PERSON Steven A. Schultz
If the Applicant/Owner of the property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORNEY ^onn J- George/Chris A.J-each, Schuyler, Roche & Crisham, P.C.
ADDRESS 180 N- Stetson Ave., Suite 3700
CITY Chicago STATE ZIP CODE 60601
PHONE (312) 565-8439 FAX (312) 565-8300 EMAIL igeorge@srcattorneys.com
cleach@srcattorneys.com
If the applicani is a legal entity (Corporation, LLC, Partnership, etc ) please provide the names of all owners as disclosed on the Economic Disclosure Statements.
Mark Ordower, Barry Sidel and William Warman
On what date did the owner acquire legal title to the subject property? Y^'pus Partes
Has the present owner previously rezoned this property? If yes, when? Yes, February 15, 2012.
Present Zoning District RBPD 1116 Proposed Zoning District RBPD 1116, as amended
Lot size in square feet (or dimensions') 7.795 sq. ft. _
Current Use of the property Sub-Area B surface parking lot.
Reason for rezoning the property.10 change the permitted uses of Sub-Area B.
13. Describe the proposed use of the property after the rezoning. Indicate thc number of dwelling units; number of parking spaces; approximate square footage of any commercial space; and height of the proposed building. (BE SPECIFIC)
To permit the construction of a 7 story residential building 80 feet In height containing 60 dwelling units with commercial / retail space on the ground floor.
14 On May 14 , 2007, the Chicago City Council passed thc. Affordable Requirements Ordinance (ARO) that requires on-site affordable housing units or a financial contribution if residential housing projects receive a zoning change under certain circumstances. Based on the lot size of the project in question and the proposed zoning classification, is this project subject to the A ffordable Requirements Ordinance? (See Fact Sheet for more information)
YES . NO.x_
APPLICATION NUMHKU
"^Vl CITY OF CHICAGO
AN APPLICATION TO THE CHICAGO PLAN COMMISSION UNDER THE LAKE MICHIGAN AND CHICAGO LAKEFRONT PROTECTION ORDINANCE
(This Application Must Be Typewritten)
The Chicago Plan Commission has provided this Application Form in accordance with Section 1940-6.1 (a) ofthe Lake Michigan and Chicago Lakefront Protection Ordinance. The Conditions under which the provisions of this Ordinance are applicable are stated m Section 194B-5.I ofthe Ordinance. The process of Plan Commission review and public hearing on each proposal within the Lake Michigan and Chicago Lakefront Protection District will commence with the Applicant's submission to the Chicago Plan Commission of a completed Application Form and thc required proof of notice. Strict compliance with Section 194F3-6.1(c) is required.
The staff of the Department of Planning is available to provide technical assistance to the Applicant, before preparation of his application, during the processing stages, and to review the application at submission to the Chicago Plan Commission. Copies ofthe Ordinance and this Application Form and examples of forms for both notification and proof of notice, are available from the Commissioner of Planning, in Room 1003, Lakefront Unit, City Hall, 121 N. La Salle Street, Chicago, Illinois 60602. Phone 744-6551.
This Application Form consists of Five Parts on 17 pages:
Part One: General Information
Part Two: Character of Proposal
Part Three: Zoning Information
Part Four: Potential Impact of Proposal (2 Sections)
Part Five: Disclosure Forms (6 Sections)
A copy of this Application will be available for public inspection in the office ofthe Commissioner of Planning, Room 1000, five days prior to the date of which the public hearing on this Application before the Chicago Plan Commission is to commence.
-SECTION BELOW FOR OFFICE USE ONLY-
Dalc of receipt in DP. _ . . ZBA kctlon necessaiy? yes no Type and
In Bldgs - Status:
Date of Applicant Notice Disclosure necessary7 yes r.n
Co taxpayers of record: ,
Simultaneous Planned Development
Date set fot 'public hearing' . processing _ yes no
Date on which Plan Commission Previous Application this address1'
published newspaper notice; _ . _ „>'es no, number:
Date of publication of report Zoning map amendment? jes .to ft_
otToRTnissionerof !>!'
DISPOSITION
Date forwarded to; DIS_ USS ' Approved
DPW . Pl< D. _: Disapproved,
Oilier . Continued
Date Applicant notified of decision: _
SITE ADDRESS 171 N. Wabash Ave.
|1010|
GUIDELINES FOR COMPLETING PART ONE OF THE APPLICATION
Part One of this A pplication provides general information to lhe Plan-Commission for use in preparing its public notices of the proposal set forth in the Application and in preparing its review of that proposal.
The date entered in I. should be the date on which tlie Application is filed.
The location of the site ofthe proposal should be given by street address; if there is no address, the location must be described in relation to existing streets, rights-of-way or other fixed points of reference.
The Applicant must state his own name, address and telephone number and the name, address and telephone number ofthe owner of the subject property. The Applicant must be either the owner of the subject property or his duly authorized agent or representative, and, if thc Applicant is an agent or representative, the Applicant must submit proof to the Commission that he is authorized to represent the owner ofthe subject property.
Whenever the ownership ofthe subject property is complex - a partnership, corporation, land trust or association - the Applicant shall so indicate. Further, the Commission may require disclosure of all real parties of interest in the subject property.
Thc description of a proposal should include, at a minimum, types of land uses and space uses, floor area, number of dwelling units and height of proposed structures in feet or stories. Additional concise information may also be included.
Under the provisions of Section 194B-6.1(c) ofthe Lake Michigan and Chicago Lakefront Protection Ordinance, the Applicant must submit to the Commission at the time of filing an Application a list ofthe names and last known addresses ofthe owners of all properly on which notice must be served, the method of service employed, the names and addresses of persons so served, and a statement certifying that the Applicant has complied with the noticing provisions of Section 194B-6.1(c) ofthe Lake Michigan and Chicago Lakefront Protection Ordinance. The Commission will not accept an application unless and until the Applicant furnishes the required list and certificate.
6. If there are any other approvals required from other public agencies before the Applicant
can proceed with his proposal, they should be listed; except that other City of Chicago
licenses and permits may be omitted as items requiring listing herein. If no other
approvals are required, enter "NONE" under VI A. Examples of items which should be
listed include approval of FHA financing, a U.S. Corps of Engineers permit, Federal
Aviation Authority Approval, among others.
|1010|
PART ONE: GENERAL INFORMATION
Dale of Application: Se^jnber 16 ; , 20 15
Address or location of the Site of the Proposal: 17-1 Nv Wabash Ave. -
III. Information on the Applicant and the Owner A. Applicant
!. Name: RZR LLC WABASH Phone: 312-441-0620
2. Address: 333 S. Des Plaines, Suites 207, Chicago, IL 60661
B. Owner
Name; Consolidated Equities III LLC Phone: .773-868-3780
Address: 1025 W.Addison sjroot, Chicago IL 60613
C. If the Applicant is not thc owner, check here X that proof has been attached
to this Application that the Applicant is thc duly authorized agent or representative of thc owner.
D. If the ownership of the subject property is complex, the Applicant shall indicate
thc type of ownership:
1. Land Trust 2. Partnership or Association
3. Corporation 4. Limited Liability Company
IV Brief Description of the Proposal: _____
Snh-Araa R tn hft improvp.rl with a 7 stnry mslriftntial hnilrling with a height nf BO' mntalnlng_fiQ.
dwelling units, with commercial and retail space on the ground floor.
The noticing provisions of Section l94B-6.1(c) have been completed as they apply to the
Applicant: Check here _X .
The Applicant must also obtain the following approvals in addition to the approval ofthe Plan Commission:
A. Nature of Approval: Zoning Amendment for Planned Development
Agcncy:JDPD
B. Nature of Approval:
Agency:
C. Nature of Approval:
Agency:
Address: 171 N. Wabash Ave.
|1010|
GUIDELINES FOR COMPLETING PART TWO OF THE APPLICATION
All graphic materials must be submitted in an 8.5" x I I " format and must be suitable for clear and sharp, black and white reproduction Each map or diagram should have a scale and a north arrow. Each sheet of graphic material must be labeled with the appropriate, figure number. If there are multiple sheets comprising one figure - for example figure 4 - those sheets should be labeled consecutively, for example Figure 4-1, Figure 4-2, etc., and each sheet should contain the address of the site ofthe proposal in thc lower left corner.
For Figure 1, the Applicant should consider thc "vicinity ofthe site" to be at least as extensive as the area for which he is required to give notice plus any intervening streets or otlter public rights-of-way.
For Figures 3 and 4, the Applicant should consider that "recreation areas" and "recreation space and facilities" include game courts, swimming pools and pool areas, game rooms, exercise rooms, party rooms, community rooms, observation decks and sun decks.
The required narrative statement should describe the features ofthe proposed development, including size and mix of dwelling units, mix of uses on the site, etc. It should present a basic rationale for the development.
For Figure 6, thc Applicant is urged to provide any materials at 8.5" x 11" which will facilitate the review of his Application.
|1010|
PART TWO: CHARACTER OF THE PROPOSAL
This portion ofthe Application must be completed "by 'altachihg'thcfollowing items, correctly sized and labeled, to the Application:
Figure 1: A Map ofthe Vicinity ofthe Site, showing Lake Michigan, lakefront parks, preferential streets, schools, parks, major institutions. All streets on this map should be named, and thc outline and height on all structures on properties immediately adjacent to thc site ofthe proposal must be shown.
Figure 2: A Map ofthe Existing Site, showing locations and dimensions of lot lines; contour intervals (5-foot); existing structures, walkways, driveways, special features.
Figure 3: The Proposed Site Plan, showing locations and dimensions of proposed structures, driveways and walkways; proposed exterior parking areas; proposed exterior open space and recreation areas.
Figure 4: Proposed Floor Plans, including the ground floor, a typical floor, any floor with recreation space or facilities.
Figure 5: An Elevation or Cross-section, showing the height and number of stories for all proposed structures.
Narrative: A Statement Describing the Proposed Development.
In addition, tlie Applicant is encouraged to provide additional graphic materials, visual aids; e.g., photographs, renderings, data tables, among others. Any such exhibits shall be labeled Figure 6.
|1010|
ZONING INFORMATION
The Applicant shall provide the basic data on zoning considerations for the site.of the proposal Calculations may be shown below on this page and on page 8.
I. Is a planned development ordinance or an amendment to an existing planned development required or permitted for the subject site?
X required permitted no
If a planned development approach is required, or if it is permitted and the Applicant chooses to seek a planned development amendment, the Applicant is not required to complete the remainder of Part Three of this Application Form.
Address: 171 N. Wabash Ave.
II Is Zoning Board of Appeals approval a variation or a special use either necessary or
|1010|
contemplated in relation to the Applicant's proposal? yes no.
If "yes," please explain the nature ofthe approval.
111. Net Site Area and Existing Zoning District Classification (list that portion ofthe net site area in each):
District Classification Area
A . _ _sq. ft.
D. "" sq. ft.
c. _' ' Z .L*q. ft-
D. Total Net Site Area: sq. ft.
IV. Dwelling Units
Maximum units allowed
Without efficiency units: .
With maximum percent of efficiency units:
Proposed number of units
1. Dwelling units:. .
2, Efficiency Units: .
. 3. Total Units:
C Does tlie Applicant intend to increase allowable floor area by reducing the number of
units constructed below the maximum allowed?
yes no.
If "yes" there will be units fewer than the maximum allowed, and the Floo
Area Ratio for the site will be increased by %.
Address: 171 N. Wabash Ave.
This page for calculations.
Address: 171 N. Wabash Ave.
Bulk
A. B. C.
1. |1010|3¦' ~ ~'~~~.
Proposed Floor Area: sq. ft.
Percentage of floor area devoted to interior recreation space, meeting rooms, etc. :
%.
Off-street Parking and Loading
Minimum Required Number Proposed
Parking Spaces , ,
Loading Docks
Setbacks
Minimum Proposed
Front
Side
Rear .
Address: 171 N.Wabash Ave.
PART FOUR: POTENTIAL IMPACT OF THE PROPOSAL
|10 10|
The Chicago Plan Commission requires thai the Applicant address the Fourteen Basic Policies of the Lakefront Plan of Chicago and the Thirteen Purposes of the Lake Michigan and Chicago Lakefront Protection Ordinance, as listed below, in a written statement to the Commission attached to this Application Form alid labeled Part'FourrThe statement should indicate which policies or purposes are or are not applicable to the Applicant's proposal, and, for those policies and purposes which are applicable, the statements should discuss the potential impact ofthe proposal.
1. Fourteen Basic Policies
Complete the publicly owned and locally controlled park system along thc entire Chicago lakefront.
Maintain and enhance the predominantly landscaped, spacious and continuous character ofthe lake shore parks.
Continue to improve the water quality and ecological balance of Lake Michigan,
Preserve the cultural, historical, and recreational heritage of the lakeshore parks.
Maintain and improve the formal character and open water vista of Grant Park with no new above-ground structures permitted.
Increase thc diversity of recreational opportunities while emphasizing lake-oriented leisure time activities.
7. Protect and develop natural lakeshore park and water areas for wildlife habitation,
S. Increase personal safety.
Design all lake edge and lake construction to prevent detrimental shoreline erosion.
Ensure a harmonious relationship between the lakeshore parks and the community edge, but in no instance will further private development be permitted East of Lake Shore Drive.
Improve access to the lakeshore parks and reduce through vehicular traffic on secondary park roads.
Strengthen the parkway characteristics of Lake Shore Drive and prohibit and roadway of expressway standards.
Ensure that all port, water supply, and public facilities arc designed to enhance lakefront character,
Coordinate all public and private development within tlie water, park, and community zones.
PART FOUR: POTENTIAL IMPACT OF THE PROPOSAL II Thirteen Purposes
1. To promote and protect the health, safety, comfort, convenience, and the general welfare
10
of thc people, and to conserve our natural resources;
To identify and establish the Lake Michigan and Chicago Lakefront Protection District and to divide that District into several zones wherein any and all development or construction, as specified in Article V hereinafter, shall be specifically restricted and regulated;
To maintain and improve the purity and quality ofthe waters of Lake Michigan;
To insure that construction in the Lake or modification ofthe existing shoreline shall not be permitted if such construction or modification would cause environmental or ecological damage to the Lake or would diminish water quality; and to insure that the life patterns offish, migratory birds and other fauna are recognized and supported;
To insure that the Lakefront Parks and the Lake itself are devoted only to public purposes and to insure the integrity of and expand the quantity and quality ofthe Lakefront Parks;
To promote and provide for continuous pedestrian movement along thc shoreline;
To promote and provide for pedestrian access to thc Lake and Lakefront Parks from and through areas adjacent thereto at regular intervals of one-fourth mile and additional places wherever possible, and lo protect and enhance vistas at these locations and wherever else possible; 1
To promote and provide for improved public transportation access to the Lakefront;
To insure that no roadway of expressway standards, as hereinafter defined, shall be permitted in thc Lakefront Parks;
To insure that development of properties adjacent to the Lake or thc Lakefront Parks is so defined as to implement the above-stated purposes, provided, however, that with respect to property located within the Private Use Zone as established by Article V, VI, and IX of this Ordinance, the permitted use, special use, lot area per dwelling unit, and floor area ratio provisions of Ihe Chicago Zoning Ordinance, Chapter 194A ofthe Municipal Code of Chicago, shall govern except where such provisions arc in substantial conflict with lhc purposes of this Ordinance or the Fourteen Basic Policies of the Lakefront Plan of Chicago;
To achieve the above-stated purposes, the appropriate public agency should acquire such properties or rights as may be necessary' and desirable;
To define and limit thc powers and duties of the administrative body and officers as provided herein;
13. Nothing contained in thc Lake Michigan and Chicago Lakefront Protection Ordinance
shall be deemed to be a waiver or consent, license or permit to use any property or tc
locate, construct or maintain any building, structure or facility or to carry on any trade,
industry, occupation or activity which may be otherwise required by law.
11
I'OTKNTl AL IMPACT 01? TUP; PROPOSAL
I. Fourteen Basic Policies
Complete the publicly owned nnd locally controlled park system alonu: lhc_c.iUi.rc : Chicago lakefront.
Since the site is remote from lake and the adjacent lake front, the proposal does not remove any publicly owned and locally controlled park areas from the lakefront.
Maintain and enhance.the predominantly landscaped, spacious and continuous character of tlie lakeshore parks.
The proposal does not impact the open, landscaped character of the lakeshore parks.
3. Continue to improve the water quality and ecological balance of Lake Michigan.
Since tlie site is remote from Lake Michigan, the proposal has no direct impact upon the water quality and ecological balance of Lake Michigan. All infrastructure and building development will conform to all applicable regulations concerning water purity and quality.
Preserve the cultural, historical and recreational heri tage of the lakeshore parks.
This heritage will be respected under thc proposal.
Maintain and improve thc formal character and open water vista of Grant Park with no new above, ground structures permitted.
The proposal is remote from and docs not affect thc formal character or the open water vista of Grant Park,
Increase the diversity of recreational opportunities while emphasizing lake- ' oriented leisure time activities.
The ultimate residents of the project will enjoy a diversity of recreational activities. Nearby pedestrian routes to the Lakefront
Applicant: RZR LLC WABASH
Premises: 171 N. WABASH AVE.
Date: SEPTEMBER 16,2015
CPC Date: May 19, 2016
Parks arid the Chicago River will enhance the recreational activities of residents and visitors.
Protect and develop natural lakeshore park and water area for wildlife .
habitation. -
Existing lakeshore park and water areas for wildlife habitation are not adversely impacted. The site contains no natural lakeshore park or water areas.
Increase Personal Safety,
The proposed development will add to safety and security in the area. The presence of residents and visitors in the area will transform a surface parking lot into a vibrant and safe part of the neighborhood.
Design all lake edge and lake construction to prevent detrimental shoreline erosion
Thc Applicant's proposal includes no lake edge or in-lake construction.
Ensure a harmonious relationship between the lakeshore parks and the comrnunitv eclue. bt.il iii.no instance will further private •development be permitted cast of Lake Shore Drive.
Although the site includes no land cast of Lake Shore Drive or border any of the lakeshore parks, the proposed development will enhance the pedestrian routes to the lakeshore parks and the surrounding comniunity.
Improve access to the lakeshore parks and reduce- through vehicular traffic- on secondary park roads.
The proposal does not include vehicular access to Lakeshore parks and will not contribute to vehicular traffic on secondary park roads.
Strengthen the parkway characteristics of Lake Shore Drive and prohibit any roadway of expressway standards.
Applicant: RZR LLC WABASH
Premises: 171 N. WABASH AVE.
Date: SEPTEMBER 16, 2015
CPC Date: May 19, 2016
The proposal docs not include any roadway of expressway standards.
13. I irisiucTlli.it all port; water supply and public facilities aiv, designed to enhance lakefront character.
There are no port activities for the site. All water supply and public facilities will be designed so as to preserve and where possible enhance tlie character ofthe lakefront.
14. Coordinate all public and private development within the water, park and community zones.
The Applicant has engaged in extensive discussions with a wide variety of authorities, government agencies and private entities to ensure the proper coordination of this proposal,
The City's Department of Housing and Economic Development has been the coordinating agency for this undertaking and it is expected that the Department will continue to function in lhat role.
Applicant: RZR LLC WABASH
Premises: 171 N. WABASH AVE.
Date: SEPTEMBER 16, 2015
CPC Date: May 19, 2016
POTENTIAL IMPACT OF THE PROPOSAL
11. Thirteen Purposes:
E To promote and protect the health, safety.; comfort, con veniencc-and the general welfare ofthe people and conserve our natural resources.
The public health, safety and welfare will be promoted by implementation of the Applicant's proposal. The proposal will transform a surface parking lot into a vibrant residential component ofthe neighborhood,
To Identify and establish the Lake Michigan nnd Chicago Lakefront Protection District and to divide that District into several zones wherein any and all development or construction, as specified in Article V hereinafter, shall be specifically restricted and regulated,
The Applicant's site lies in the private use zone of the Lake Michigan and Chicago Lakefront Protection Ordinance. The Applicant is complying with the requirements of thc Ordinance by seeking approval hereunder for its proposed activities on the site in accordance with the policies and purposes set forth in the Ordinance.
To maintain and improve the purity and quality of the waters of Lake Michigan.
The proposal will have no negative impact on the water quality of Lake Michigan, All infrastructure and building development will conform to all applicable regulations concerning water purity and quality.
To insure that construction in the Lake or modification ofthe existing shoreline, shall not be permitted if such construction or modification would cause environmental Or ecological dainauc to the Lake or would diminish water quality, and to insure thai the, life patterns of fish. ininralory birds and other fauna are recognized and supported.
There will be no construction activities in the Lake. No ecological or environmental damage nor any adverse impact on water quality will result from this proposal.
Applicant: RZR LLC WABASH
Premises: 171 N. WABASH AVE.
Date: SEPTEMBER 16,2015
CPC Date: May 19, 2016
5. To insure that thc Lakefront Parks and thc Lake are devoted only to
public purposes and to insure llic inlccr'Hy ot'ond expand the quantity and
quality ofthe Lakefront Parks.
These purposes'" arc respected in the Applicant's proposal. Public access to ihe Lakefront is promoted in thc proposal.
6- To promote- and provide for continuous pedestrian movement alorm thc shoreline.
None of the subject property is at or in direct contact with the Lakefront shoreline.
7- To promote and provide for pedestrian access to the Lake and Lakefront Parks from and through areas ndiacenl Ihercto at reKular intervals of one -fourth mile and, additional places wherever possible, and to protect and enhance vistas at these locations and wherever else possible.
The Applicant's proposal does not impact access to the Lake and the Lakefront Parks. The site is planned for development in a manner which will encourage pedestrian movement within the site and to the adjacent lakefront areas.
8. To promote and provide for improved public transportation access to the. Lakefront.
To the extent possible, the Applicant will coordinate with the City and CTA to insure a system of appropriate public transportation improvements from tlie site and lo the Lakefront.
To ensure that no roadway of expressway standards, as hereinafter defined, shall be permitted in thc Lakefront Parks.
Applicant: Premises: Dale:
CPC Date:
The Applicant's proposal does not call for construction of any roadway of expressway standards in the Lakefront Parks.
To ensure that development of properties adjacent to the Lake or thc Lakefront Parks is so designed as to implement (lie above stated purposes, •provided, however, that with respect to property located within the private use zone as established bv Article V. VI and IXofihis ordinance, the permitted vise, special use, lot area per dwelling unit and floor area ratio provisions of (he Chicago Zoning. Ordinance. Chapter |"94 A. of the Municipal Code of Chicago, shall.govern
RZR LLC WABASH 171 N.WABASH AVE. SEPTEMBER 16,2015
May 19, 2016
except where such provisions are in substantial conflict with the purposes of this Ordinance or the Fourteen Basic Policies ofthe Lakefront Plan of Chicago.
The Applicant's proposal is governed by and complies with all
provisions of the Chicago Zoning Ordinance. Thc Applicant's
proposal is included within a Planned Development Amendment to tlie Chicago Zoning Ordinance.
To achieve the above-stated purposes, thc appropriate public anency should acquire such properties or rights as may be necessary or desirable;
This section is not applicable because Applicant is not a public agency,
To define and limit the powers and duties of tlie administrative body and officers as provided herein.
This section is not applicable because Applicant's proposal is for property in the Private Use Zone.
Nothing contained in thc Lake Michigan and Chicago Lakefront Protection Ordinance shall be deemed to be a waiver or consent, license or permit to use any property or to locate, construct or maintain any buildinc,. structure or facility or to carry on any trade, industry, occupation or activity which may be otherwise required by law.
Applicant will obtain all applicable permits related to its proposal.
Applicant: RZR LLC WABASH
Premises: 171 N. WABASH AVE.
Date: SEPTEMBER 16, 2015
CPC Date: May 19, 2016
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: RZR LLC WABASH
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
^[ the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe
Applicant in which the Disclosing Party holds an interest:
OR
3. [] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 333 S. DESPLAINES, SUITE 207, CHICAGO, IL 60661
Telephone: 312-441-0620 Fax: 312-441-0624 Email: mark@ogdenpartners.com
Name of contact person: MARK R. ORDOWER
Federal Employer Identification No. (if you have one):j . . ....... ¦ "\
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):
AMEND PD 1116
G. Which City agency or department is requesting this EDS?
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 ofthe Disclosing Party:
Person j)^£ 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:
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?
[ J Yes [JNo t^N/A
B. TF 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
MARK R. ORDOWER, MANAGER .
BARRY SIDEL, 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.
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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
MARK R. ORDOWER, 333 S. DESPLAINES, #207, CHICAGO, IL 60661 51%
BARRY SIDEL, 2030 W. WABANSIA, CHICAGO, ILLINOIS 60647 49% .
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 rp(No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (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.
SCHUYLER, ROCHE & CRISHAM, PC, TWO PRUDENTIAL PLAZA, #3700, CHICAGO 60601, ATTORNEY, $5,000
FSTIMATED '
WW ARCHITECTS & CONSULTING. LLC, 9853 TAMiAMI TRAIL N #209. NAPLES, FL 34110, ARCHITECT $225,000 G^T)MnTETJ>
(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
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes
[ ] No person directly or indirectly owns 10% or more ofthe
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
B. 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 thc Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 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 ofthe 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:
* lhe 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 lo 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-Conlractor or any Affiliated Entity or any other official, agent or employee of thc.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 lo bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
a
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).
4. 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.
. 5. 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 thc U.S. Department of the 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 List, the Unverified List, thc 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) ofthe 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:
f. i s
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 thc best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe 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").
Jh±<
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
1 2-month period preceding the execution date of this EDS, to an employee, or elected or appointed
official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything
made generally available to City employees or to the general public, or (ii) food or drink provided in the
course of official City business and having a retail value of less than $20 per recipient (if none, indicate
with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
/V<
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is ^js 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 arid will notbecome 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 pri vilege 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 thc 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 ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[JYes ./ yKNo
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 properly 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
3. 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.
J_^_L_1. The Disclosing Party verifies that thc 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 ofthe 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) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to.paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain ail such subcontractors' certifications for thc duration ofthe 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, federa} 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 [JNo
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[JYes [JNo
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection 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.citYofchicagb.orfl/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 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent ofthe 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 ofthe date furnished to the City.
RZR LLC WABASH
MARK R. ORDOWER
(Print or type name of person signing)
MANAGER
(Print or type title of person signing)
Page 12 of 13
Signed and sworn to before me on (date) S^^.^v^-W.y'- .^XcVT^
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 2454-015, 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 byblood 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 halfrsister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section ILB.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, treasurcr-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 |^No
If yes, please identify belpw (l) 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.
Page 13 of 13
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 thc 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 ofthe Municipal Code?
[ ]Yes [^No
If the 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 of the Municipal Code?
. [ ] Yes [ ] No [Al_Not Applicable
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 APPENDIX 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 CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
(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.
ED 1116 Amendment Application
This recertification is being submitted' in .correction with m n-. wafcasti street:
[identify the Matter]. Under pepalfy of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS .recertification on behalf ofthe 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.
RZR LLC Wabash Date: Hay , 2016
(Print or type lega l name of Disclosing Party)
(sign here)
Print or type name of signatory:
Mark R. Orripwe.c
Title of signatory:,
Manager
Signed and sworn to before-rne on [date] May ^ , 2016 ,.ty
Mark R. Ordower at Coo;k County., Illinois . [state].
^ \&XX\^vbf& ^Yi aM Notary Public.
Commission expires: ;.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal-name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Central Management Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OR
j^a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe Applicant in which the Disclosing Party holds an interest: Cfti/a/ipiafTfl/ Aaurfrej- /ff LLC
OR
3. [] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address ofthe Disclosing Party: jQ25JW^ddisQn^tr.eGJLChi{agolL_60fiia
Telephone: 773-868-3780 Fax: 773-868-0059 Email: preferredequities@aol.com
Name of contact person: Steven A. Schultz
r : ¦—: r—r-t
Federal Employer Identification No. (if you have one)| !
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Planned Development application for 171 N. Wabash
G. Which City agency or department is requesting this EDS? Depl of Housing and Economic Development
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 thc nature of the Disclosing Party: [ ] Person [
Publicly registered business corporation [
M Privately held business corporation [
[ ] Sole proprietorship [
[ ] General partnership (
[ ] Limited partnership
[ ] Limited liability company [ ] Limited liability partnership [] Joint venture [ ] Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))?
[ ] Trust [
[ ] 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?
[]N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
-—If the entity is a-general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
^tsveaA-Schullz.- President
Steven A. Schultz Treasurer
Steven A. Schultz 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% ofthe 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
£levfin.Al.Sd.iu!lz_J.Q25Jfl/^diSQn.St^.Ghicago.lL-.60613 _ 1.0.0% _ _ '
SECTION HI - 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 fyj No
If yes, please identify below the namc(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, oh 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 lo Disclosing Parly Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
pfy 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
LInder 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?
[JYes [ ] 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 1 is a continuing requirement for doing business with the Cily. NOTE: If Article I applies to the Applicant, thc permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
Thc Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 1I.B.1. of this EDS:
arc 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 thc 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, instimted 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 ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, thc State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of M unicipal 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 ofthe 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-oflndustry and Security ofthe 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.
Thc Disclosing Party understands and shall comply with thc applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.
If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
Page 6 of 13
If thc letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
8. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, tlie following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").
None
9. To the best ofthe 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 thc 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list tlie name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is f)4 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 thc lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes 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 ofthe City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check cither I. 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 thc 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 ofthe 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):
None
(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 thc 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.
Thc Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of thc Matter and must make such certifications promptly available to thc City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If thc 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 thc 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 thc 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.cityofchicaKO.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. Thc 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 ofthe information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
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 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants lhat:
Page 11 of 13
F.l. Thc Disclosing Party is not delinquent in thc 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 ofthe items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Steven A. Schultz
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 dale fiimi^fed to the City.
(Print or type name of person signing)
President
(Print or type title of person signing)
/<¦/
Signed and sworn to before me on (date) Sa-p^- - %' C^
at Cleo(c_. County, f ^r-rN (state).'
Notary Public.
1 //// ^rPage 12 of 13
Commission expires:
MARGARET SCOTT NOTARY PU8LIC - STATE Of ILLINOIS MY COMMISSION EXPIRES:05/14/16
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 thc 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 Parmer 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 Parmer 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 ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section HB.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if die 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 ofthe 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 |>q No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe 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.
Page 13 of 13
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.
1. 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 the Municipal Code?
[ ]Yes CXI No
If the 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 | JNo [X] 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 tlie building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX 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 CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
(DO NOT SUBMIT THIS PAGE Wi l l 1 YOUR CDS, Tlie purpose of Ihis p-ige is for you to recertify your liDS prior lo submission to Cily Council or on thc dale ofclosing. If unablu to recertify trudifully, Ihe Disclosing Party musl complete a new EDS with correct or corrected information)
RRCKRT1HCATION
Generally, for u.se widt City Council matters. Not for City procurements unless requested.
PD JUG Amendment: Application
This recertification is being submitted in connection with 171 H. waba:;» Strfiet.
[identify the Matler). Under penalty of perjury, thc person signing below; (' I) warrants that he/she is authorized lo execute this EDS rccefl.i lication on behalf ofthe Disclosing Party, (2) warrants that all certifications and sUitemertts contained in the Disclosing Party's-original EDS arc true, accurate and complete as ofthe date furnished U> the City and continue to be true, accurate and complete as of lhe date of tin's recodification, and (3) reaffirms its acknowledgments.
/
. 201 (>
Print or type name of signatory:
Steven A. Schultz Title of signatory: President
Signed and swom to before me on |datc| m«v H'_r, 20j6 , by
Steven a, S<.-ttult._2, , at _ Co«k_; County,_Illinois.
-.y—r 1 ynr~;:^.J ¦• :/
r
Commission expires:
OFFICIAL SEAL
W*«6A.^ETSCCnT NOTARY PU5UC . StATE OFiLiW0|S MY OOMMSSKW EXP^S=3.VH"G
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Consolidated Equities 111 LLC
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
|K1 the Applicant
OR
[ ] a legal entity holding a direct or indirect interest in the Applicant. State thc legal name of the
Applicant in which the Disclosing Party holds an interest:
OR
3. [ ] a legal entity with a right of control (sec Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
B. Business address ofthe Disclosing Party: JQ25JW.AddisGn^txeel_Ghicago4lL_60ai3
Telephone: ,773-868-3780 Fax: 773-868-0059 Email: preferredequities@aol.com _
Name of contact person: Steven A. Schultz
Federal Employer Identification No. (if you have one):
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Planned Development application for 171 N. Wabash
G. Which City agency or department is requesting this EDS? Dopt of Housing and Economic Development
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 ptf
Publicly registered business corporation [ ]
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 j>JN/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 arc legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titlcholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below musl submit an EDS on its own behalf.
Name Title
^lEYsnA-Sctmltz Member. :
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 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
:Ce^aLMaoageirifiri<; Inn, 10?SJaLAcfci»soo^L.Cbica9oll fflfiiff- 1.0%
Preferred Equities LLC 1025 W. Addison St., Chicago, IL 60613 90%
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes ft 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. Thc 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.
(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 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) thc 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 permancnl 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 thc Disclosing Party is a legal entity, all of those persons or entities identified in Section IJ.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 thc 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 thc 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 ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Parly, 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 thc 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 thc five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency ofthe federal government or of any slate or local government in thc 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 thc Disclosing Party nor any Affiliated Entity is listed on any of thc following lists maintained by the Office of Foreign Assets Control of the U.S. Department ofthe Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
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 ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe 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").
Nnne,
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that thc Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient.
A/Die-
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is M 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 ofthe Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe 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
Jf the letters "NA," the word "None," or no response appears on thc 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 thc 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 thc name of any other person or entity in the Matter?
[ ] Yes |y3 No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" lo Item D.l., proceed to Part E.
Unless sold pursuant lo 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 thc 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 &4No
If you checked "Yes" to Item D.l., provide thc 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. Thc Disclosing Parly 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 thc 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 thc 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):
None
(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 thc 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 thc 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) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of thc Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is thc 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 tlie 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 thc Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes t ] 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 thc 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 lo 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 wwwci tyofch icago.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 lhe 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 thc Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
E. Thc 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 Cily's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
Thc Disclosing Party represents and warrants that:
Page 11 of 13
F.l. Thc Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor arc tbe 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 ofthe items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Steven A. Schultz
Under penalty of perjury, the person sighing 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 fiu^nisly«l to the City.
(Print or type name of person signing)
Member
(Print or type title of person signing)
Signed and sworn to before me on (date) "fiT^/yf" yL, pQl-b's
at CooK _ County, rj^( (^p^s (state).
'-' (--<^7-
Commission expires: *r)'J/
,.7_ .........
OFFICIAL SEAL MARGARET SCOTT
NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPiRESiOS/lwe
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 ILB.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 ofthe Disclosing Party, if the Disclosing Party is a limited partnership; al) managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes f/j No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe 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.
Page 13 of 13
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 the Municipal Code?
[ ]Yes LV]No
If the 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 [ ]No Not Applicable
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 thc address ofthe building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX 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 CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
(DO NOT SUBMIT THIS PAGE WIT 11 YOUR liDS. i he purpose of this page is for you to recertify your EDS prior lo .submission ro City Council or on Lhe date of closing. If unable to recertify truth fully, the Disclosing Party must complete a new FIXS with correct or corrected informal ioii)
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless requested.
PD 1116 ftiaendnent. Application
This reosrtificalioti is being submitted in connection with 17j h. -ft.-tbash street: _
[identify the Matter]. Under penalty ol perjury, the person signing below: (I) wanants that he/she is authorized to execute this liDS recertification on behalf of Ihe Disclosing Party, (2) warrants that all certifications and statements eoniaincd in the Disclosing Party's original EDS are true, accurate and complete as of the dale furnished to thc City and continue 10 be true, accurate and complete as of (be dale oI'lJus rccertificatsoti. and (3) reaffirms its acknowledgments,
/
Conaol id-at<^1^$?«sitw>v--r5I elc Date: Hay 2010
("Print or tvT^i>'^fn':nne oj^Discloslnti Party)
/I—-
(sign here) f' ^
Print or ty^irnainc of signatory; St.evon A. Schultz
Title of signal ory:
Hembe*
Signed and sworn lo before mc on [date] Kay . 201G > by
Steven A. Schultz a/S:^,k~ ¦ ' - County, Jlllnol-: • (slate|,
Notary Public.
Corrmiiss!on expires:.
v«. 1 (-01-0?
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Preferred Equities LLC ^
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OR
(XI 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: Cjd/iro/i^aJ-ecJ fcc u / /// I.CC
OR " *
3. [ ] a legal entity with a right of control (see Section II.B.l.) State the legal name ofthe entity in
which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: jn25^AddisonStre.et_ChicagQ.JL .60613
Telephone: 773-868-3780 Fax: 773-868-0059 Email: prelerredequities@aol.com
Name of contact person: Steven A. Schultz
! 7 A
i . ¦ f
E. Federal Employer Identification No. (if you have one):i ...
F. 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):
Planned Development application for 171 N. Wabash
G. Which City agency or department is requesting this EDS? Dept of Housing and Economic Development
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 ofthe Disclosing Party:
Person f)4
Publicly registered business corporation [ ]
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 thc organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes ^ No [ ] 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 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 the legal titlcholder(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
JSleven-A^Schultz Member ,
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% ofthe 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 thc
Disclosing Party
Steven A. Schultz 1025 W. Addison St., Chicago IL 60613 90% Justin A. Schultz Trust 1025 W. Addison St., Chicago IL 60613 6% Ryan A. Schultz Trust 1025 W. Addison St., Chicago IL 60613 4%
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of thc Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. Thc 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 cither ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
Name (indicate whether Business Relationship to Disclosing Parly Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
t^jCheck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
A. 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?
[1 Yes [ ] No " "
B. 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 thc 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 1 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 11.13.1. of this EDS:
a. 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;
b. 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 ofthe 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:
thc 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 thc Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Parly, 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 thc 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 thc 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 thc 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, thc Denied Persons List, thc Unverified List, the Entity List and thc Debarred List.
Thc Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
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 thc 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 thc 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").
None
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 thc 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than S20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is $ is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe 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) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that thc Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of thc Municipal Code: Does any official or employee ofthe 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 $ 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 properly 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 oi" thc 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 04 No
If you checked "Yes" to Item D.l., provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If thc 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 thc City.
x 1. Thc 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):
None
(If no explanation appears or begins on the lines above, or if thc 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 thc 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
Thc 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 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) ofthe Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is thc 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
If the Matter is federally funded, federal regulations require thc 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 ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[JYes [3 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
Thc 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 Cily's execution of any contract or taking other action with respect to thc 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 w ww.cityofchicago.org/Ethies, and may also be obtained from thc 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 thc 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 thc City takes action on the Matter. If the Matter is a
contract being handled by the City's Department of Procurement Services, the Disclosing Party must
update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of
Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified
offenses), the information provided herein regarding eligibility must be kept current for a longer period,
as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.
The Disclosing Party represents and warrants that:
Page II of 13
F.I. 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 thc 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 ofthe items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) arc true, accurate and complete as of the date furnished^tcTthe City.
Preferred E^quiUi
By:
^ ("Sign here) Steven A. Schultz
(Print or type name of person signing)
Member ¦
(Print or type title of person signing)
(Print oiAypcA^^^&^Disc^mg, Party)
signed and sworn to before me on (date) jS«^>i_.S"v.2:Oi. at (^/0et- County, Z2T/1\\a^V^ (state)
"Hrir1"
Commission expires: /y^v/z^... •
Page 12 of 13
OFFICIAL SEAL MARGARET SCOTT NOTARY PUBLIC - STATE OF ILLINOIS MT COMMISSION £XPIR£S:05M4/i6
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 thc 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 Parmer 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 thc mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section ILB.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 Pariy 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 ^ No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 13
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 thc Applicant.
1. 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 the Municipal Code?
[ ]Yes [yJNo
If the 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 | | No rjQ Not Applicable
3. If yes to (1) or (2) above, please identify below the name of thc person or legal entity
identified as a building fcode 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 APPENDIX 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 CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
(00 NOT SUBMIT THIS PAGE WITH YOUR EDS. Tbe purpose of this page is for you ro recertify your EDS prior to submission lo City Council or on tbe riate of closing. If unable to recertify truth Cully, die Disclosing Party must complete a new EDS with correcL or corrected information)
RECERTIFICATION
Generally, for use with City Council matters. Not for Cily procurements unless requested.
PD 1116 Amendment Application
This recertification is being submitted in connection with _r?j, w. Wabash titr<:nt. .
[identify thc Matter], Under penalty of perjury, ihe person signing below: (I) warrants that he/she is authorized to execute this EDS ^certification on behalf ofthe Disclosing Party, (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS arc true, accurate and complete as ofthe date furnished to die City and continue ro be true, accurate and complete as of thc dale of Ibis recertification, and (3) reaffirms its acknowledvrmeriis. /
Pic<2t{Print orjyj^fijga! ua:iTp^£Di5closi,i>g Parly)
Print or Type name of signatory:
Stovers A. :lf:hvii?
Title of signatory:
Signed and sworn to before me on ldale] Moy H ..., 20i6. .- by
Stfivrcsn A. schultz at Cook Counly» mi no Jr. [state].
Vc<: 1.1 in -u5