RESOLUTION
CLASS 6(B) REAL ESTATE TAX INCENTIVE FOR THE BENEFIT OF SCANNELL PROPERTIES #204, LLC, AN INDIANA LIMITED LIABILITY COMPANY, AND
REAL ESTATE LOCATED GENERALLY AT 3000 SOUTH DAMEN AVENUE IN CHICAGO, ILLINOIS PURSUANT TO COOK COUNTY, ILLINOIS REAL PROPERTY ASSESSMENT CLASSIFICATION ORDINANCE
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Real Property Assessment Classification Ordinance, as amended from time to time (the "Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used primarily for industrial purposes; and
WHEREAS, the City of Chicago (the "City"), consistent with the Ordinance, wishes to induce industry to locate and expand in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, Scannell Properties #204, LLC, an Indiana limited liability company (the "Applicant"), owns certain real estate located generally at 3000 South Damen Avenue, Chicago, Illinois 60608, as further described on Exhibit A hereto (the "Subject Property"); and
WHEREAS, the Applicant intends to construct an approximately 219,501 square foot industrial facility located on the Subject Property; and
WHEREAS, the Applicant intends to lease the Subject Property to FedEx Ground Package System, Inc., a Delaware corporation (the "Tenant"), and Tenant intends to use said property as a package distribution and storage facility, including outside parking, storage of tractors, trailers, trucks and other vehicles; and
WHEREAS, the Applicant has filed with the Office of the Assessor of Cook County (the "Assessor") an eligibility application for a Class 6(b) tax incentive under the Ordinance; and
WHEREAS, the Subject Property is located within (i) the Chicago Empowerment Zone (created pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66)), and (ii) the Pilsen Redevelopment Project Area (created pursuant to the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et. seg_., as amended, and pursuant to an ordinance enacted by the City Council of the City), and the purposes of the Chicago Empowerment Zone and Redevelopment Project Areas are also to provide certain incentives in order to stimulate economic activity and to revitalize depressed areas; and
WHEREAS, it is the responsibility of the Assessor to determine that an application for a Class 6(b) classification or renewal of a Class 6(b) classification is eligible pursuant to the Ordinance; and|1010|
WHEREAS, the Ordinance requires that, in connection with the filing of a Class 6(b) eligibility application with the Assessor, the applicant must obtain from the municipality in which such real estate that is proposed for Class 6(b) designation is located a resolution expressly stating that the municipality has determined that the incentive provided by Class 6(b) is necessary for development to occur on such real estate and that the municipality supports and consents to the Class 6(b) classification by the Assessor; and
WHEREAS, the intended use of the Subject Property will provide significant present and future employment; and
WHEREAS, notwithstanding the Class 6(b) status of the Subject Property, the redevelopment and utilization thereof will generate significant new revenues to the City in the form of additional real estate taxes and other tax revenues; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: That the City determines that the incentive provided by Class 6(b) is necessary for the development to occur on the Subject Property.
SECTION 2: That the City supports and consents to the Class 6(b) classification by the Assessor with respect to the Subject Property.
SECTION 3: That the Clerk of the City of Chicago is authorized to and shall send a certified copy of this resolution to the Office of the Cook County Assessor, Room 312, County Building, Chicago, Illinois 60602 and a certified copy of this resolution may be included with the Class 6(b) eligibility application filed with the Assessor by the Applicant, as applicant, in accordance with the Ordinance.
lorable Daniel Alderman, 25th Ward
SECTION 4: That this resolution shall jzfe effective imrpe^a^ly upon its passage and approval.
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EXHIBIT A
Legal description
PARCEL 1:
A TRACT OF LAND IN THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING¦ ON THE EAST LINE OF SAID SECTION 30, AT A POINT 606.10 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID SECTION, AND RUNNING THENCE SOUTHWESTWARDLY, MAKING A SOUTHWESTERLY ANGLE OF 63 DEGREES, 14 MINUTES, 30 SECONDS, WITH THE SAID EAST LINE OF SECTION 30, A DISTANCE OF 75.03 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 67.00 FEET OF SAID SECTION 30; THENCE SOUTHWESTWARDLY ALONG A LINE DEFLECTING 5 DEGREES, 08 MINUTES, 57 SECONDS, TO THE RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 379.11 FEET; THENCE WESTWARDLY ALONG A LINE DEFLECTING 24 DEGREES, 42 MINUTES, 00 SECONDS TO THE RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 629.58 FEET TO THE POINT OF BEGINNING FOR SAID HEREINAFTER DESCRIBED TRACT OF LAND;
THENCE WESTWARDLY, CONTINUING ALONG A WESTWARD EXTENSION OF SAID LAST DESCRIBED COURSE, A DISTANCE OF 513.10 FEET; THENCE NORTHWARDLY ALONG A LINE DEFLECTING 87 DEGREES, 04 MINUTES, 00 SECONDS, TO THE RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED (SAID LINE BEING A SOUTHWARD EXTENSION OF THE EAST LINE OF THE PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED DATED OCTOBER 25, 1928, AND RECORDED NOVEMBER 15, 1928, AS DOCUMENT 10206804), A DISTANCE OF 173.51 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THE PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS BY DEED DATED JANUARY 2, 1935, AND RECORDED JANUARY 8, 1935, AS DOCUMENT 11540678; THENCE SOUTH 60 DEGREES, 17 MINUTES, 45 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 98.32 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS; THENCE SOUTH 30 DEGREES, 56 MINUTES, 20 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS, A DISTANCE OF 545.40 FEET TO A POINT WHICH IS 17.10 FEET (MEASURED ALONG A SOUTHEASTWARD EXTENSION OF SAID SOUTHWESTERLY LINE) NORTHWEST FROM A SOUTHWESTWARD EXTENSION OF THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND; THENCE NORTH 83 DEGREES, 56 MINUTES, 29 SECONDS EAST, A DISTANCE OF 43.19 FEET TO A POINT ON SAID SOUTHEASTERLY LINE WHICH IS 39.20 FEET (MEASURED ALONG SAID SOUTHWESTWARD EXTENSION OF SAID SOUTHEASTERLY LINE) NORTHEAST FROM SAID SOUTHEASTWARD EXTENSION OF SAID SOUTHWESTERLY LINE; THENCE NORTH 60 DEGREES, 37 MINUTES, 45 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 394.60 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL OF|1010|
LAND; AND THENCE NORTH 30 DEGREES, 49 MINUTES, 15 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 136.54 FEET TO THE POINT OF BEGINNING;
IN COOK COUNTY, ILLINOIS.
PARCEL 2:
A TRACT OF LAND IN THE SOUTH 1/2 OF SECTION 30 AND IN THE NORTHWEST 1/4 OF SECTION 31, BOTH IN TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST LINE OF SAID SECTION 30, AT A POINT 606.10 FEET NORTH FROM THE SOUTHEAST CORNER THEREOF, AND RUNNING THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF THE RIGHT-OF-WAY OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, MAKING A SOUTHWESTERLY ANGLE OF 63 DEGREES, 14 MINUTES, 30 SECONDS, WITH SAID EAST LINE OF SECTION 30, A DISTANCE OF 75.03 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 67.00 FEET OF SAID SECTION 30, AND THE POINT OF BEGINNING FOR SAID HEREINAFTER DESCRIBED TRACT OF LAND;
THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, AND ALONG SAID LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 333.81 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 2824 FEET, A DISTANCE OF 529.03 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 21.85 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ON A CURVE TO THE RIGHT WITH A RADIUS OF 2742.68 FEET, A DISTANCE OF 503.35 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE DRAWN FROM A POINT ON THE EAST LINE OF SAID SECTION, 133 FEET NORTH FROM THE SOUTHEAST CORNER THEREOF, TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION, 133 FEET NORTH OF THE SOUTH LINE OF SAID SECTION; THENCE WESTERLY ALONG SAID LAST DESCRIBED LINE, SAID LINE BEING THE NORTHERLY LINE OF SAID RIGHT-OF-WAY OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, A DISTANCE OF 1985.62 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THE NORTHWESTERLY RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, AS SAID NORTHWESTERLY LINE HAS BEEN MONUMENTED BY THE STATE OF ILLINOIS TRANSPORTATION DEPARTMENT, DIVISION OF WATERWAYS; THENCE SOUTHWESTWARDLY ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 14.88 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY (AS DEFINED IN DEED DATED AUGUST 1, 1898, AND RECORDED JULY 3, 1900, AS DOCUMENT 2981685) AT A POINT 360.00 FEET, MEASURED ALONG SAID NORTHWESTERLY LINE, NORTHEAST FROM THE POINT OF INTERSECTION OF SAID NORTHWESTERLY LINE WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE WESTWARDLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SAID NORTHERLY LINE BEING HERE THE ARC OF A|1010|
CIRCLE, CONVEX TO THE NORTH AND HAVING A RADIUS OF 1433 FEET, A DISTANCE OF 410.59 FEET TO A POINT 100 FEET, MEASURED PERPENDICULARLY, NORTHWEST FROM THE NORTHWESTERLY LINE OF SAID NORTHWESTERLY RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, AND DISTANT 240.00 FEET (MEASURED ALONG A LINE 100 FEET NORTHWESTERLY FROM AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID NORTHWESTERLY RESERVE) NORTHEASTERLY FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE WESTWARDLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, WHICH IS HERE A STRAIGHT LINE, A DISTANCE OF 230.35 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 30, DISTANT 42.00 FEET, MEASURED ALONG SAID EAST LINE AND SOUTHWARD EXTENSION THEREOF, NORTH FROM THE MIDWAY MONUMENT LINE, SO CALLED, MARKING THE LINE BETWEEN THE LANDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THOSE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, AS DEFINED IN SAID DEED RECORDED AS DOCUMENT 2981685; THENCE WESTWARDLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, WHICH IS HERE A STRAIGHT LINE, A DISTANCE OF 927.03 FEET TO A POINT 32.00 FEET, NORMALLY DISTANT, NORTHERLY FROM SAID MIDWAY MONUMENT LINE; THENCE WESTWARDLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, WHICH IS HERE THE ARC OF A CIRCLE, CONVEX TO THE NORTH AND HAVING A RADIUS OF 2900.00 FEET, A DISTANCE OF 94.50 FEET TO THE MOST WESTERLY CORNER OF PARCEL "C" OF THE LAND CONVEYED TO CHICAGO PRODUCE TERMINAL COMPANY BY DEED DATED DECEMBER 24, 1928, AND RECORDED SEPTEMBER 10, 1929, AS DOCUMENT 10476076; THENCE NORTHEASTWARDLY ALONG THE NORTHWESTERLY LINE OF SAID PARCEL OF LAND CONVEYED BY SAID DEED RECORDED AS DOCUMENT 10476076, AND ALONG THE NORTHWESTERLY LINE OF THE PARCEL OF LAND CONVEYED TO CHICAGO PRODUCE TERMINAL COMPANY BY DEED DATED JUNE 12, 1929, AND RECORDED SEPTEMBER 10, 1929, AS DOCUMENT 10476074, A DISTANCE OF 889.58 FEET; THENCE CONTINUING NORTHEASTERLY ON A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, WITH A RADIUS OF 459.28 FEET, A DISTANCE OF 109.016 FEET; THENCE CONTINUING NORTHEASTERLY ON A STRAIGHT LINE, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 1009.52 FEET; THENCE EASTERLY ON A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, WITH A RADIUS OF 600.00 FEET, A DISTANCE OF 227.29 FEET; THENCE CONTINUING EASTERLY ON A STRAIGHT LINE, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 342.48 FEET TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 30, WHICH IS 771.50 FEET (MEASURED ALONG SAID NORTH AND SOUTH CENTER LINE) NORTH OF THE SOUTH LINE OF SAID SECTION 30, SAID POINT BEING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED DATED OCTOBER 25, 1928, AND RECORDED NOVEMBER 15, 1928, AS DOCUMENT 10206804; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS (SAID SOUTHERLY LINE BEING A STRAIGHT LINE MAKING A SOUTHEASTERLY ANGLE OF 89 DEGREES, 56 MINUTES, 15 SECONDS, WITH SAID NORTH AND SOUTH CENTER LINE OF SAID SECTION 30), A DISTANCE OF 236.69 FEET; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE, ON A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED LINE, WITH A RADIUS OF 800 FEET, A DISTANCE OF 302.81 FEET; THENCE CONTINUING NORTHEASTERLY ALONG SAID SOUTHERLY|1010|
LINE, ALONG A STRAIGHT LINE TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 520.84 FEET; THENCE CONTINUING EASTERLY ALONG SAID SOUTHERLY LINE, ALONG A STRAIGHT LINE MAKING AN ANGLE TO THE RIGHT OF 21 DEGREES, 48 MINUTES, 25 SECONDS, WITH THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 89.14 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS; THENCE SOUTH 00 DEGREES, 09 MINUTES, 27 SECONDS WEST, ALONG A SOUTHWARD EXTENSION OF THE EAST LINE OF SAID PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS, A DISTANCE OF 327.65 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THE PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS BY DEED DATED JANUARY 2, 1935, AND RECORDED JANUARY 8, 1935, AS DOCUMENT 11540678; THENCE SOUTH 60 DEGREES, 17 MINUTES, 45 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 98.32 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS; THENCE SOUTH 30 DEGREES, 56 MINUTES, 20 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO PETER COOPER CORPORATIONS, A DISTANCE OF 545.40 FEET TO A POINT WHICH IS 17.10 FEET (MEASURED ALONG A SOUTHEASTWARD EXTENSION OF SAID SOUTHWESTERLY LINE) NORTHWEST FROM A SOUTHWESTWARD EXTENSION OF THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND; THENCE NORTH 83 DEGREES, 56 MINUTES, 29 SECONDS EAST, A DISTANCE OF 43.19 FEET TO A POINT ON SAID SOUTHEASTERLY LINE WHICH IS 39.20 FEET (MEASURED ALONG SAID SOUTHWESTWARD EXTENSION OF SAID SOUTHEASTERLY LINE) NORTHEAST FROM SAID SOUTHEASTWARD EXTENSION OF SAID SOUTHWESTERLY LINE; THENCE NORTH 60 DEGREES, 37 MINUTES, 45 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 394.60 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL OF LAND; THENCE NORTH 30 DEGREES, 49 MINUTES, 15 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL OF LAND, A DISTANCE OF 136.54 FEET; THENCE SOUTH 86 DEGREES, 54 MINUTES, 33 SECONDS EAST, A DISTANCE OF 629.58 FEET; AND THENCE NORTH 68 DEGREES, 23 MINUTES, 27 SECONDS EAST, A DISTANCE OF 379.11 FEET TO THE: POINT OF BEGINNING;
IN COOK COUNTY, ILLINOIS.
PARCEL 3:
A TRACT OF LAND IN THE SOUTH 1/2 OF SECTION 30 AND IN THE NORTHWEST 1/4 OF SECTION 31, BOTH IN TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST LINE OF SAID SECTION 30, AT A POINT 606.10 FEET NORTH FROM THE SOUTHEAST CORNER THEREOF, AND RUNNING THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF THE RIGHT-OF-WAY OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, MAKING A SOUTHWESTERLY ANGLE OF 63 DEGREES, 14 MINUTES, 30 SECONDS, WITH SAID EAST LINE OF SAID SECTION 30, A DISTANCE OF 75.03 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE|1010|
EAST 67.00 FEET OF SAID SECTION 30, AND THE POINT OF BEGINNING FOR SAID HEREINAFTER DESCRIBED TRACT OF LAND;
THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, AND ALONG SAID LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 333.81 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 2824 FEET, A DISTANCE OF 529.03 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 21.85 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ON A CURVE TO THE RIGHT WITH A RADIUS OF 2742.68 FEET, A DISTANCE OF 503.35 FEET, MORE OR LESS, TO AN INTERSECTION WITH A LINE DRAWN FROM A POINT ON THE EAST LINE OF SAID SECTION, 133 FEET NORTH FROM THE SOUTHEAST CORNER THEREOF, TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 SAID SECTION, 133 FEET NORTH FROM THE SOUTH LINE OF SAID SECTION; THENCE WESTERLY ALONG SAID LAST DESCRIBED LINE, SAID LINE BEING THE NORTHERLY LINE OF SAID RIGHT-OF-WAY OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, A DISTANCE OF 1985.62 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF THE NORTHWESTERLY RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, AS SAID NORTHWESTERLY LINE HAS BEEN MONUMENTED BY THE STATE OF ILLINOIS TRANSPORTATION DEPARTMENT, DIVISION OF WATERWAYS; THENCE SOUTHWESTWARDLY ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 14.88 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY (AS DEFINED IN DEED DATED AUGUST 1, 1898, AND RECORDED JULY 3, 1900, AS DOCUMENT 2981685) AT A POINT 360.00 FEET, MEASURED ALONG SAID NORTHWESTERLY LINE, NORTHEAST FROM THE POINT OF INTERSECTION OF SAID NORTHWESTERLY LINE WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 30; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SAID NORTHERLY LINE BEING HERE THE ARC OF CIRCLE, CONVEX TO THE NORTH AND HAVING A RADIUS OF 1433 FEET, A DISTANCE OF 410.59 FEET TO A POINT 100 FEET, MEASURED PERPENDICULAR, NORTHWEST FROM THE NORTHWESTERLY LINE OF SAID NORTHWESTERLY RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, AND DISTANT 240.00 FEET (MEASURED ALONG A LINE 100 FEET NORTHWESTERLY FROM AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID NORTHWESTERLY RESERVE) NORTHEASTERLY FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE WESTWARDLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, WHICH IS HERE A STRAIGHT LINE, A DISTANCE OF 230.35 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 30, DISTANT 42.00 FEET, MEASURED ALONG SAID EAST LINE AND SOUTHWARD EXTENSION THEREOF, NORTH FROM THE MIDWAY MONUMENT LINE, SO CALLED MARKING THE LINE BETWEEN THE LANDS OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THOSE OF THE ILLINOIS CENTRAL GULF RAILROAD COMPANY, AS DEFINED IN SAID DEED RECORDED AS DOCUMENT 2981685; THENCE WESTWARDLY, CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE (WHICH IS HERE A STRAIGHT LINE, AND DEFINED AS BEING 927.03 FEET IN LENGTH AND DRAWN TO A POINT 32.00 FEET, NORMALLY DISTANT, NORTHERLY FROM SAID MIDWAY MONUMENT LINE) FOR A DISTANCE OF 445.61 FEET|1010|
TO A POINT 898.74 FEET EAST OF (AS MEASURED AT RIGHT ANGLES) THE WEST LINE OF THE NORTHWEST 1/4 OF THE AFORESAID SECTION 31; THENCE SOUTH 15 DEGREES, 06 MINUTES, 33 SECONDS EAST, AT RIGHT ANGLES TO THE ABOVE DESCRIBED LINE, 8.03 FEET TO A POINT 98.52 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES) THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE AFORESAID SECTION 30, AND 900.61 FEET EAST OF THE WEST LINE OF THE NORTHWEST 1/4 OF THE AFORESAID SECTION 31; THENCE NORTH 75 DEGREES, 25 MINUTES, 08 SECONDS EAST, 630.84 FEET TO A POINT 50.65 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 30, AND 1148.78 FEET EAST OF (AS MEASURED AT RIGHT ANGLES) THE WEST LINE OF THE SOUTHWEST 1/4 OF THE AFORESAID SECTION 30, SAID POINT BEING ON A CIRCLE CONVEX NORTHWESTERLY AND HAVING A RADIUS OF 2353.33 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CIRCLE, 276.11 FEET, THE CHORD OF WHICH BEARS NORTH 78 DEGREES, 46 MINUTES, 48 SECONDS EAST, FOR 275.96 FEET, TO A POINT 100.07 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE AFORESAID SECTION 30, AND 876.74 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) THE EAST LINE OF THE AFORESAID SOUTHWEST 1/4 OF SAID SECTION 30; THENCE NORTH 88 DEGREES, 08 MINUTES, 41 SECONDS EAST, 876.75 FEET TO THE AFORESAID EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 30, AT A POINT 114.65 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 30; THENCE CONTINUING NORTH 88 DEGREES, 08 MINUTES, 41 SECONDS EAST, 1053.78 FEET TO A POINT 110.98 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE AFORESAID SECTION 30; THENCE NORTH 1 DEGREE, 51 MINUTES, 19 SECONDS WEST (AS MEASURED RADIALLY TO THE FOLLOWING DESCRIBED CIRCLE) 2.60 FEET TO A POINT ON A CIRCLE CONVEX SOUTHERLY AND HAVING A RADIUS OF 2678.74 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CIRCLE, 655.04 FEET, THE CHORD OF WHICH BEARS NORTH 81 DEGREES, 08 MINUTES, 22 SECONDS EAST, FOR 653.41 FEET, TO A POINT 191.01 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 30, AND 962.40 FEET WEST OF THE EAST LINE OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTHEAST 1/4 OF SECTION 30; THENCE NORTH 74 DEGREES, 08 MINUTES, 03 SECONDS EAST, 23.64 FEET TO A POINT 196.66 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 30, AND 939.50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) THE EAST LINE OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 30, SAID POINT BEING ON A CIRCLE CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 2870.42 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CIRCLE, 586.27 FEET, THE CHORD OF WHICH BEARS NORTH 68 DEGREES, 16 MINUTES, 58 SECONDS EAST, FOR 585.25 FEET, TO A POINT 393.59 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE SOUTH LINE OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 30, AND 390.17 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) THE EAST LINE OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 30; THENCE NORTH 62 DEGREES, 25 MINUTES, 54 SECONDS EAST, 359.66 FEET TO A POINT ON THE WEST LINE OF THE EAST 67.00 FEET OF THE SOUTHEAST 1/4 OF THE AFORESAID SECTION 30, AND DISTANT 548.53 NORTH OF (AS MEASURED ALONG SAID PARALLEL LINE) THE SOUTH LINE OF THE AFORESAID SOUTHEAST 1/4 OF SECTION 30; THENCE NORTH 1 DEGREE, 32 MINUTES, 14 SECONDS WEST, ALONG THE AFORESAID WEST LINE OF THE EAST 67.00 FEET OF|1010|
SECTION 30, FOR A DISTANCE OF 24.15 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING;
IN COOK COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT LAND OF THE LAND CONVEYED IN SPECIAL WARRANTY DEED RECORDED JULY 31, 2013 AS DOCUMENT NUMBER 1321239079 LEGALLY DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 30, IN TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST LINE OF SAID SECTION 30, AT A POINT 606.10 FEET NORTH FROM THE SOUTHEAST CORNER OF SAID SECTION, AND RUNNING THENCE SOUTHWESTWARDLY, MAKING A SOUTHWESTERLY ANGLE OF 63 DEGREES, 14 MINUTES, 30 SECONDS, WITH THE SAID EAST LINE OF SECTION 30, A DISTANCE OF 75.03 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 67.00 FEET OF SAID SECTION 30, SAID POINT BEING THE SOUTHEAST CORNER OF PROPERTY CONVEYED BY SPECIAL WARRANTY DEED RECORDED MARCH 17, 2000 AS DOCUMENT 00192953 AND A NORTHEASTERLY CORNER OF PROPERTY CONVEYED BY SPECIAL WARRANTY DEED RECORDED DECEMBER 16, 2005 AS DOCUMENT 0535003091, SAID POINT ALSO BEING THE POINT OF BEGINNING FOR SAID HEREINAFTER DESCRIBED TRACT OF LAND;
THENCE SOUTHWESTWARDLY ALONG A LINE DEFLECTING 5 DEGREES 08 MINUTES 57 SECONDS, TO THE RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED, SAID LINE BEING A COMMON LINE BETWEEN SAID PROPERTY CONVEYED BY DOCUMENTS 00192953 AND 0535003091, A DISTANCE OF 379.11 FEET TO A BEND POINT; THENCE WESTWARDLY ALONG A LINE DEFLECTING 24 DEGREES 42 MINUTES 00 SECONDS TO THE RIGHT FROM THE LAST DESCRIBED COURSE EXTENDED, SAID LINE ALSO BEING A COMMON LINE BETWEEN SAID PROPERTY CONVEYED BY DOCUMENTS 00192953 AND 0535003091, A DISTANCE OF 254.75 FEET TO THE SOUTHWEST CORNER OF PROPERTY CONVEYED BY SPECIAL WARRANTY DEED RECORDED MARCH 17, 2000 AS DOCUMENT 00192953, ALSO THE SOUTHEAST CORNER OF PROPERTY DESCRIBED IN EXHIBIT A OF DECLARATION OF CONDOMINIUM OWNERSHIP AND OF EASEMENTS, RESTRICTION AND' COVENANTS FOR THE DAMEN I-55 COMMERCIAL CONDOMINIUM RECORDED MARCH 20, 2002 AS DOCUMENT 0020316711 AND ON A NORTHERLY LINE OF PROPERTY CONVEYED BY SPECIAL WARRANTY DEED RECORDED DECEMBER 16, 2005 AS DOCUMENT 0535003091; THENCE WESTWARDLY, CONTINUING ALONG A WESTWARD EXTENSION OF SAID LAST DESCRIBED COURSE, ALSO BEING A COMMON LINE BETWEEN SAID PROPERTY DESCRIBED IN DOCUMENTS 0020316711 AND SAID PROPERTY CONVEYED BY DOCUMENT 0535003091, A DISTANCE OF 887.93 FEET TO A POINT ON THE SOUTHWARD EXTENSION OF THE EAST LINE OF THE PARCEL OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED DATED OCTOBER 25, 1928, AND RECORDED NOVEMBER 15, 1928, AS DOCUMENT 10206804; THENCE SOUTHWARDLY ALONG A LINE DEFLECTING 92 DEGREES 56 MINUTES 00 SECONDS TO THE LEFT FROM THE LAST DESCRIBED COURSE EXTENDED, SAID LINE ALSO BEING THE|10 10|
SOUTHWARD EXTENSION OF THE EAST LINE OF THE PARCEL ORLAND CONVEYED TO THE STATE OF ILLINOIS BY DEED DATED OCTOBER 25, 1928, AND RECORDED NOVEMBER 15, 1928, AS DOCUMENT 10206804, A DISTANCE OF 224.73 FEET; THENCE EASTWARDLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 65.00 FEET TO A POINT ON A LINE 65.00 FEET EAST OF AND PARALLEL WITH THE SOUTHWARD EXTENSION OF SAID EAST LINE; THENCE SOUTHWARDLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 167.49 FEET TO A POINT ON A CIRCLE CONVEX SOUTHERLY AND HAVING A RADIUS OF 2678.74 FEET, SAID POINT ALSO BEING ON A SOUTHERLY LINE OF PROPERTY CONVEYED IN SPECIAL WARRANTY DEED RECORDED DECEMBER 16, 2005 AS DOCUMENT 0535003091; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG THE SOUTHERLY, SOUTHEASTERLY AND EASTERLY LINES OF SAID PROPERTY FOR THE NEXT FIVE COURSES: (1) THENCE EASTERLY ALONG THE ARC OF SAID CIRCLE, 540.98 FEET, THE CHORD OF WHICH BEARS NORTH 79 DEGREES 55 MINUTES 11 SECONDS EAST, FOR 540.06 FEET, TO A POINT 191.01 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 30, AND 962.40 FEET WEST OF THE EAST LINE OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTHEAST QUARTER OF SECTION 30; (2) THENCE NORTH 74 DEGREES, 08 MINUTES, 03 SECONDS EAST, 23.64 FEET TO A POINT 196.66 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE AFORESAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 30, AND 939.50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) THE EAST LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 30, SAID POINT BEING ON A CIRCLE CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 2870.42 FEET; (3) THENCE EASTERLY ALONG THE ARC OF SAID CIRCLE, 586.27 FEET, THE CHORD OF WHICH BEARS NORTH 68 DEGREES, 16 MINUTES, 58 SECONDS EAST, FOR 585.25 FEET, TO A POINT 393.59 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) THE SOUTH LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 30, AND 390.17 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) THE EAST LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 30; (4) THENCE NORTH 62 DEGREES, 25 MINUTES, 54 SECONDS EAST, 359.66 FEET TO A POINT ON THE WEST LINE OF THE EAST 67.00 FEET OF THE SOUTHEAST QUARTER OF THE AFORESAID SECTION 30, AND DISTANCE 548.53 NORTH OF (AS MEASURED ALONG SAID PARALLEL LINE) THE SOUTH LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 30; (5) THENCE NORTH 1 DEGREE, 32 MINUTES, 14 SECONDS WEST, ALONG THE AFORESAID WEST LINE OF THE EAST 67.00 FEET OF SECTION 30, FOR A DISTANCE OF 24.15 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Permanent Index Number(s): 17-30-301-021-0000, 17-30-301-022-0000, 17-30-400-019-0000,17-30-400-020-0000, 17-30-401-022-0000, 17-30-401-023-0000, 17-30-401-024-0000, 17-30-401-025-0000, 17-30-401-026-0000
10
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Scannel! Properties #204. LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
|x] the Applicant
OR
[] a legal entity holding a direct or indirect interest in the Applicant State the legal name of the
Applicant in which the Disclosing Party holds an interest: .
OR
3. [] a legal entity with a right of control (see Section II.B.l.) State the legal name of the entity in
which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 800 E. 96th Street, Suite 175
Indianapolis, IN 46240
C. Telephone: (317)843'5972 Fax: Email: courtneyl@scannellproperties.com
Name of contact person: Courtney Lehman ____
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):
Application for Class 6B tax incentive for property located at 3000 S Damen Ave.
G. Which City agency or department is requesting this EDS'? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
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-SEGT-IOIN-n-->DISGLOSURE-OF-0-W-N-ERSH-I-B-IN-T-E-RES-TS-
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Person
Publicly registered business corporation
Privately held business corporation
Sole proprietorship
General partnership
Limited partnership
Trust
Party:
[X] Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is 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:
Indiana
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?
pq Yes
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations,,,also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Robert J. Scannell [ Manager
Douglas L. Snyder < Manager
James C. Carlino Manager
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
interest/ofa-mernber-ormanager in aiimitediiability company, or interest-of a b -
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 Scannell Chicago-Damen I, LLC 800 East 96th Street, Ste 175 100%
Indianapolis, IN 46240
SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [x] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (l).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 J 3
¦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.
***SEE ATTACHED***
(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 |X] No person directly or indirectly owns 10% or more of the
Disclosing Party,
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
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—2t—The-DiscIosing-Party-an^ all of "thro se persons or entities
identified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
3. The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility ofa business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
• any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization ofa responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
-Neitherthe-fJ is^^
or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
7 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:
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 the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. . N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lendeT or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[]Yes |X] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.L, proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D.L, provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
TSffinT)1y"With~t^
connection with the Matter voidable by the City.
_X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
.[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[]Yes - []No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www .cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up lo 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 1 of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Scannell Properties #204, LLC
(Print or type name of Disclosing Party)
(Print or typo-mrme of person signing)
(Print or type title of person signing)
Signed and sworn to before me on (date)
at J^k^llll&'L^- County, _2jd/k/)ifL^ Estate).
Conlm'lssion expires:
Page 12 ol" 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section H.B.I .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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 [X]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 [ 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 the building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDLX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
Attachment to Citv of Chicago Economic Disclosure Statement
And Affidavit
Insert to Section IV- Disclosure of Subcontractors and Other Retained Parties
NAME ADDRESS RELATIONSHIP FEES
Meridian Design Build LLC 790 Estate Drive, Suite 200 Deerfield, IL 60015 Contractor $1,118,046
DLA Piper LLP 203 North LaSalle Street, Suite 1900 Chicago, IL 60601-1293 Lawyer Est. $75,000
Faegre Baker Daniels LLP 600 E. 96th Street, Suite 600 Indianapolis, IN 46240 Lawyer Est. $20,000
SpaceCo, Inc. 9575 W. Higgins Road, Suite 700 Rosemont, IL 60018 Civil Engineer $100,000
DAI Environmental, Inc. 27834 N. Irma Lee Circle Lake Forest, IL 60045-5130 Environmental Engineer $45,000
Duff & Phelps 311S. Wacker Drive, Suite 4200 Chicago, IL 60606 Economic Consultant $17,000
Testing Service Corporation 360 South Main Place Carol Stream, OK 60188-2404 Material Testing Not to exceed $153,000
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: Scannell Chicago-Damen I, LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[ ] the Applicant
OR
[X] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the
Applicant in which the Disclosing Party holds an interest: Scannell Properties #204, 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 of the Disclosing Party: 800 E. 96th Street, Suite 175
' Indianapolis, IN 46240
C Telephone- (317)843-5972 pax; Email: courtneyl@scannellproperties.com
Name of contact person: Courtney Lehman
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):
Application for Class 6B tax incentive for property located at 3000 S Damen Ave.
G. Which City agency or department is requesting this EDS? Department of Planning and 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 [X] Limited liability company
Publicly registered business corporation [ ] Limited liability partnership
Privately held business corporation [ ] Joint venture
Sole proprietorship [ ] Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501 (c)(3))?
Limited partnership [ ] Yes [ ] No
Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Indiana
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 pqNo []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 liabibty 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 Robert J. Scannell Manager
Douglas L Snyder Manager
James C. Carlino Manager
2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
...Jnterest.of.a.memb.ec^ or.interest of aibcncficiary^f 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
Robert J. Scannell Revocable Trust dated September 9, 2002 as amended
Business Address
800 E. 96th Street, Suite 175
Indianapolis, IN 46240
Percentage Interest in the Disclosing Party
71%
800 E 96th Street, Suite 175
Indianapolis, IN 46240
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 fx] No
If yes, please identify below the narae(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
Name (indicate" whether retained or anticipated to be retained)
None
BusinessRelationship" to Disclosing Party Address (subcontractor, attorney, lobbyist, etc.)
"Fees (indicate whether paid or estimated.) NOTE: "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 CHJXD 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 [X] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[]Yes []No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined TermF"(e."gT, "amnglmsmess") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
|109|T.he-D.isclosing-Ea^ or entities
dentified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
3. The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official 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 ofa responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
-~Neithertfte"D^ 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 ofa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
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 the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [X] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes [X] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.L, proceed to PartE.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D.L, provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
complywith these disclosure requirements-may-make any-contract-e
connection with the Matter voidable by the City.
X l. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[]Yes []No If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[JYes [JNo
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?
[JYes []No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy, of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Scannell Chicago-Damen, LLC
(Print or type name of person signing)
(Print or type name of Disclosing Party) By: X 4€»<
(Print or type title of person signing)
Signed and sworn to before me on (date) A&6f/lf ZO^.
at County, ^ZaHamilton County My Commission Expires November 23,2016
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section H.B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary ofa legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
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?
[ JYes [XjNo
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?
[JYes [JNo [XJ Not Applicable
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofflaw or problem landlord and the address of the building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS 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.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable: The Robert J. Scannell Revocable Trust U/A dated September 9, 2002 as amended
Check ONE of the 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 of the
Applicant in which the Disclosing Party holds an interest:
OR
3. 1x1 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: scannell cnicago-Damen i. llc
Business address of the Disclosing Party: 800 E. 96th Street, Suite 175
Indianapolis, IN 46240
Telephone: (317)843-5972 pax. Email: courtneyi@scannellproperties.com
Name of contact person: Courtney Lehman
Federal Employer Identification No. (if you have one)1
Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Application for Class 6B tax incentive for property located at 3000 S Damen Ave.
G. Which City agency or department is requesting this EDS? Department of Planning and 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 INTEREST'S
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing [ ] Person
[ ] Publicly registered business corporation [ ] Privately held business corporation [ ] Sole proprietorship [ ] General partnership [ ] Limited partnership [X] Trust
Parry:
[ ] Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is 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:
Indiana
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?
[X] N/A
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).
If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Robert J. Scannell Settlor & Trustee & Beneficiary
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
interesFof~a~memberorm — 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
Rnhprt.l Sr.annRll RflO F flfith Strspf, Suits 17fi 100%
Indianapolis. IN 46240
SECTION III BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?
[ ] Yes [X] No
If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.
"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.
If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 13
Namenyh-dicate wfietrler Business ReTi.~tibnsh^ Fe^Ti^ic^tFwMtEer
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.
None
(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 |X] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[]Yes []No
FURTHER CERTIFICATIONS
1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant, and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.
Page 4 of 13
The Disclosing Party and, if "the Disclosing Party is a legal entity, all of "those persons Or entities identified in Section II.B.l. of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;
have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization ofa responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
Neither ^
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 ofa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
The Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
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 the Disclosing Party certified to the above statements.
8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed <¦ official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ] is [xl 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 ofa predatory lender may result in the loss of the privilege of doing business with the City."
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes |X] No
NOTE: If you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D.l., provide the names and business addresses of the City officials or employees having such interest and identify the nature of such interest:
Name Business Address Nature of Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to
Page 8 of 13
comply with thewdiscto^^
connection with the Matter voidable by the City.
_X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A.l. and A.2. above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer die 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.)
[JYes []No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question 1. or 2. above, please provide an explanation:
Page 10 of 13
SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N.
Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
The Disclosing Party represents and warrants that:
Page 11 of 13
F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.
F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.
F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.
NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.
Robert J. Scannell
(Print or type name of Disclosing Party)
(Print or type name of person signing) (Print or type title of person signing)
Signed and sworn to before me on (date) fc\-{.{ £nlfrl j^j cZOjfo'
at rfftMirW. County, '7~~M / (sttfte).
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX L
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?
[ JYes [X]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?
[ JYes [ JNo [x J Not Applicable
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofflaw or problem landlord and the address of the building or buildings to which the pertinent code violations apply.
FILLING OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS 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.