OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
July 26, 2017
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Fleet and Facility Management, I transmit herewith ordinances authorizing the sale of property on behalf of the Board of Education.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Board of Education of the City of Chicago (the "Board") is a body corporate and politic, organized under and existing pursuant to Article 34 of the School Code of the State of Illinois, 105 ILCS 5/1-1, etseq. (the "School Code"); and
WHEREAS, the Board is the beneficial owner of the real estate commonly known as 5055 South State Street, Chicago, Illinois, which is legally described on Exhibit A attached hereto (the "School Site"); and
WHEREAS, the School Site is comprised of an approximately 63,779 square foot parcel of land improved with an approximately 63,200 square foot building - the former Attucks/Farren elementary school; and
WHEREAS, title to a portion of the School Site is held by the City, as Trustee, in Trust for the Use of Schools (such portion, the "Property"); and
WHEREAS, title to the rest of the School Site is held by the Public Building Commission of Chicago, a municipal corporation of the State of Illinois (the "PBC"), in trust for the Board; and
WHEREAS, the Board advertised the School Site for sale in early 2017, and received two bids; and
WHEREAS, the bids were opened on March 13, 2017; and
WHEREAS, one appraisal was made for the School Site indicating a disposition range of value as follows:
Appraiser: KMD Valuation Group LLC As of March 1, 2017
Disposition Value Range: $100,000 to $120,000
WHEREAS, the disposition value range takes into consideration the existing interior condition of the former school building, which requires substantial capital investment and renovation work, as well as the Restrictive Covenant (as hereinafter defined); and
WHEREAS, pursuant to Resolution Number 17-0524-0P3 (the "Resolution"), adopted by the Board by a vote of not less than two-thirds of its full membership at its meeting on May 24, 2017, the Board determined that the School Site is not needed for school purposes, and recommended the acceptance of the bid from KMIS Developers LLC ("KMIS"), in the amount of One Hundred Thousand and No/100 Dollars ($100,000) (the "Purchase Price"); and
WHEREAS, KMIS intends to convert the former school building into a light manufacturing facility offering apprenticeships and a youth entrepreneurial incubator providing|1010|
students with the opportunity to earn money and develop light manufacturing skills, including silk screening, embroidery and e-commerce; and
WHEREAS, the best and final offer from KMIS was $5,000 less than the best and final offer of the second bidder, but the Board determined that the KMIS bid was the highest responsible bid due to the job opportunities, apprenticeship and entrepreneurial programs that KMIS would offer on the School Site and in response to the Restrictive Covenant that will be incorporated into the deed; and
WHEREAS, the Resolution requires the deed to the School Site to include a restrictive covenant (the "Restrictive Covenant"), stating as follows:
All or a portion of the building on the property must be used for one or more of the following purposes and for no other purpose without the prior written approval of the Chief Operating Officer of the Board of Education of the City of Chicago:
1. Youth and/or adult recreational, educational, counseling and mentoring
programs;
2. Career, trade and entrepreneurial business training programs;
Housing;
Retail; and
Manufacturing and/or technology space. In addition, the property may not be used for:
the sale or manufacturing of liquor; or
K-12 public, charter or tuition free school purposes.
In addition, the Grantee must use the property for one or more of the required uses within three (3) years of the date of this deed. Title to the property will revert back to the City of Chicago, in Trust for Use of Schools, as legal title holder of record for the benefit of the Chicago Board of Education if this restriction is breached without the prior written approval of the Board's Chief Operating Officer; and
WHEREAS, the Resolution authorizes the City, as Trustee, in Trust for the Use of Schools, and the PBC to convey the School Site to KMIS; and
WHEREAS, the City Council finds that the sale of the School Site will benefit the City by revitalizing a vacant building; putting property back on the real estate tax rolls; encouraging investment and improvements by the new owner; and eliminating maintenance and security costs to the Board; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. The City hereby accepts the bid of KMIS to purchase the Property (a portion of the School Site) for a proportionate share of the Purchase Price, which proportionate share shall be based on the size of the Property relative to the size of the School Site as a|1010|
whole, as reasonably determined by the Commissioner of the Department of Fleet and Facility Management (the "Commissioner") in consultation with the Board.
SECTION 3. The Mayor or his proxy is authorized to execute, and the City Clerk or the Deputy City Clerk is authorized to attest, a quitclaim deed conveying to KMIS all right, title and interest of the City, as Trustee, in Trust for the Use of Schools, in and to the School Site, subject to the Restrictive Covenant in substantially the form set forth herein. The interest of the City, as Trustee, in Trust for the Use of Schools, in and to the School Site shall be conveyed in its "as is-where is" condition, and the deed conveying such interest shall provide that the City and the Board are to be released and discharged from any and all responsibility or liability with respect to the School Site's physical, structural and environmental condition.
SECTION 4. The Mayor, the City Clerk, and the Commissioner, or a designee of the Commissioner, are authorized to execute and deliver on behalf of the City such supporting documents and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to implement the provisions of this Ordinance.
SECTION 5. If any provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 7. This ordinance shall take effect immediately upon its passage and approval.
Attachments: Exhibit A - Legal Description of School Site
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EXHIBIT A
LEGAL DESCRIPTION OF SCHOOL SITE
(SUBJECT TO FINAL SURVEY AND TITLE COMMITMENT)
THAT PART OF LOTS 1 TO 48, BOTH INCLUSIVE, IN BLOCK 3 AND LOTS 5 TO 48, BOTH INCLUSIVE, IN BLOCK 4 IN WILLIAM M DERBY'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SUB-LOTS 1,2 AND 3 IN HARRIS AND MC GIMSIE'S RESUBDIVISION OF LOTS 1,2,3 AND 4 IN BLOCK 4 IN WILLIAM M. DERBY'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WILL ALL OF THE VACATED NORTH AND SOUTH 20 FOOT ALLEYS LYING BETWEEN THE LOTS IN SAID BLOCKS 3 AND 4 IN WILLIAM M. DERBY'S SUBDIVISION AFORESAID, AND TOGETHER WITH THE VACATED PART OF 50TH STREET LYING BETWEEN SAID BLOCKS 3 AND 4 IN WILLIAM M. DERBY'S SUBDIVISION AND THE VACATED ALLEYS IN SAID BLOCKS, TAKEN AS A TRACT, LYING SOUTH OF AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE NORTH LINE OF VACATED 50TH STREET AND THE EAST LINE OF SOUTH STATE STREET; THENCE SOUTH ALONG SAID EAST LINE OF SOUTH STATE STREET, 16.00 FEET TO THE POINT OF BEGINNING; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 238.04 FEET; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SOUTH WABASH AVENUE, 294.97 FEET; THENCE EAST AND PERPENDICULAR TO THE WEST LINE OF SOUTH WABASH AVENUE, 103.36 FEET TO THE WEST LINE OF SOUTH WABASH AVENUE; THENCE SOUTH ALONG SAID WEST LINE OF SOUTH WABASH AVENUE, 238.32 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 167.67 FEET; THENCE NORTHWESTERLY ALONG A CURVE TANGENT TO THE LAST DESCRIBED LINE HAVING A RADIUS OF 8.00 FEET, DELTA 76 DEGREES 48 MINUTES 52 SECONDS AND AN ARC OF 10.73; THENCE NORTHERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, 7.80 FEET; THENCE NORTHWESTERLY ALONG A CURVE TANGENT TO THE LAST DESCRIBED LINE HAVING A RADIUS OF 12.00 FEET, DELTA 63 DEGREES 40 MINUTES 24 SECONDS AND AN ARC LENGTH OF 13.34 FEET; THENCE NORTHERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 11.90 FEET; THENCE NORTHWESTERLY ALONG A CURVE TANGENT TO THE LAST DESCRIBED COURSE HAVING A RADIUS OF 16.00 FEET, DELTA 64 DEGREES 08 MINUTES 15 SECONDS AND AN ARC LENGTH TO THE LAST 17.91 FEET; THENCE NORTHERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, 11.99 FEET; THENCE NORTHWESTERLY ALONG A CURVE TANGENT TO THE LAST DESCRIBED LINE HAVING A RADIUS OF 12.00 FEET, DELTA 64 DEGREES 07 MINUTES 04 SECONDS, AND AN ARC LENGTH OF 13.43; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, 11.28 FEET; THENCE NORTH ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTH STATE STREET, 148.66 FEET; THENCE WEST AND PERPENDICULAR TO THE EAST LINE OF SOUTH STATE STREET, 108.50 FEET TO THE EAST LINE OF SOUTH STATE STREET; THENCE NORTH ALONG THE EAST LINE OF SOUTH STATE STREET, 323.69 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINING 1.464 ACRES (63,779 SQ.FT.), MORE OR LESS.
|1010|
ADDRESS: 5055 SOUTH STATE STREET, CHICAGO, ILLINOIS
LOCATION: NORTHEAST CORNER of 51st STREET AND SOUTH STATE STREET
PIN(s): 20-10-118-001 and 20-10-118-004 (Part of)
|1010|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:
>NE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
1. the Applicant
OR
I ] 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:
)R
[j ] a legal entity with a right of control (see Section TLB. 1.) State the legal name of the entity in
Which the Disclosing Party holds a right of control:
B. Business address of die Disclosing Party:
C. Telephone: Si*- ^6 ge?67 Fax:Tig £$\ 1o<>~Name of contact person: I'CfMA-u? A\u r/"fl-v|
Federal EmDlover Identification No. fif von have one):
F. Brief jlescription 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):
fVcUCfS L^\X lo^ fit \\7- KX>. Oi^M %ws>
G. Whicr! City agency or department is requesting this EDS?
complete the following:
Specifi ;ation #
If the IV 'after is a contract being handled by the City's Department of Procurement Services, please
and Contract #
Page 1 of 13
SECtIoN n - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Indicate the nature of the Disclosing Party:
1.
on
icly registered business corporation
? Per:} []Pub
[]Sol []Gen| (3))? [ ] Lim; [ ] Trusjt
[ ] Privlately held business corporation
proprietorship jral partnership
ted partnership
\$ Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)
[ ] Yes [ ] No
[ ] Other (please specify)
2. i?or legal entities, the state (or foreign country) of incorporation or organization, if applicable:
3. , 7ot 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?
[]Y'i;s []No j#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: jFor not-for-profit corporations, also list below all members, if any, which are legal entities. If there ar| no such members, write "no members." For trusts, estates or other similar entities, list below the legal titlcholder(s).
If the'entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party. NOTE: jiach legal entity listed below must submit an EDS on its own behalf.
Name
K 4 r>\A.y fi\
. ease provide the following information concerning each person or entity having a direct or beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples interest include shares in a corporation, partnership interest in a partnership or joint venture,
Page 2 of 13
any
of a member or manager in a limited liability company, or interest of a beneficiary of a trust, r other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the pal Code of Chicago ("Municipal Code"), the City may require any such additional information applicant which is reasonably intended to achieve full disclosure.
Business Address Percentage Interest in the
Disclosing Party ^
SECTION IH - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS
Has tie 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?
HNo
Ifyes.p
ease 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
Hie 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 expec; s 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 employe;s 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 Di
closing 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)
Business Relationship to Disclosing Party Fees (indicate whether
Address (subcontractor, attorney, paid or estimated.) Note:
lobbyist, etc.) "hourly rate" or "tbd" is
not an acceptable response.
(Add sheets if necessary)
[ ] Chec k here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
A. CO JRT-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 niinois court of competent jurisdiction?
j^No [ ] No person directly or indirectly owns 10% or more of the
Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the peson in compliance with that agreement?
[]Yes []No
B. FUR rHER 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 submittirg this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies £ .s follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or las 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 Applican: 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 JJ.B. 1. of this EDS:
a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
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;
b ave 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
e. have not, within a five-year period preceding the date of mis 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. ' Tie certifications in subparts 3, 4 and 5 concern:
the Disclosing Party;
an> "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in conne ;tion with the Matter, including but not limited to all persons or legal entities disclosed under Sectio i TV, "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 comm m control of another person or entity. Indicia of control include, without limitation: interlo:king 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
ineligi jility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 13
or any respecl before Matter
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the.Disclosing Parry Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the
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;
b.
c.
d. 4.
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 engagiig in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 JXCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
5.
maintai
Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists
.^ned 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 Design ited Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.
6. fhe Disclosing Party understands and shall comply with the applicable requirements of Chapters 2-55 (Lagislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.
'. f the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certificitions), the Disclosing Party must explain below:
Page 6 of 13
If the let presume 8. " complet month p of the C! ters "NA," the word "None," or no response appears on the lines above, it will be conclusively d that the Disclosing Party certified to the above statements. "o the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a e list of all current employees of the Disclosing Party who were, at any time during the 12-eriod preceding the execution date of this EDS, an employee, or elected or appointed official, ity of Chicago (if none, indicate with "N/A" or "none").
9. complet 12-mon official, made ge course c with "N To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a s list of all gifts that the Disclosing Party has given or caused to be given, at any time during the h period preceding the execution date of tin's EDS, to an employee, or elected or appointed of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything nerally available to City employees or to the general public, or (ii) food or drink provided in the f official City business and having a retail value of less than $20 per recipient (if none, indicate /A" or "none"). As to any gift listed below, please also list the name of the City recipient. f\r> AO
C. CEI 1. 1 []is a "finan 2. I "We are Code. W lender a; predator privilegs If the Di Section 2-32 of f TIFICATION OF STATUS AS FINANCIAL INSTITUTION 'he Disclosing Party certifies that the Disclosing Party (check one) ^is not ;ial institution" as defined in Section 2-32-455(b) of the Municipal Code. ¦the Disclosing Party IS a financial institution, then the Disclosing Party pledges: not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal 'e further pledge that none of our affiliates is, and none of them will become, a predatory s defined in Chapter 2-32 of the Municipal Code. We understand that becoming a y lender or becoming an affiliate of a predatory lender may result in the loss of the i of doing business with the City." ; closing Party is unable to make this pledge because it or any of its affiliates (as defined in I:-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter tie Municipal Code, explain here (attach additional pages if necessary):
Page 7 of 13
If Ihe lejtters "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 wc rds or terms that are denned in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.
the City the Matter?
xi accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of
have a financial interest in his or her own name or in the name of any other person or entity in
No
NOTE: Item D.
Lf you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. If you checked "No" to , proceed to Part E.
2. 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 c r 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"). C ompensation for property taken pursuant to the City's eminent domain power does not constitute a financi al interest within the meaning of this Part D.
Does the Sale?
Matter involve a City Property [ ] Yes KN°
or employees having such interest and identify the nature of such interest:
Business Address Nature of Interest
be E. CER'
The Disclosing Party fiirther certifies that no prohibited financial interest in the Matter will acquirsd by any City official or employee.
TFICATION 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.
Page 8 of 13
Failure to comply with these disclosure requirements may make any contract entered into with the City in conr ection with the Matter voidable by the City.
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 :o slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disposing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclos ng 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:
NOTE: funded
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
If the Matter is federally funded, complete this Section VI. If the Matter is not federally
proceed to Section VTJ. 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. CEP TIF1CATION 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 lo the Matter: (Add sheets if necessary):
tlar^U '
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, i; 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. 1. above for his or her lobbying activities or to pay any perse n or entity to influence or attempt to influence an officer or employee of any agency, as defined by applic ible federal law, a member of Congress, an officer or employee of Congress, or an employee of a membe ¦ 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, anend, or modify any federally funded contract, grant, loan, or cooperative agreement.
Page 9 of 13
3. 1 which th in pan g 4. ' 501(c) \i 501(c)(4 Activitii 5. 1 in fonr subcont dnratio i B. CE] If the to subcont negotia Is the D []Y If "Yes, 1. federal []Ye 2. Contrac under tl []Yc 3. Ha equal oj []Ye If you c lie Disclosing Party will submit an updated certification at the end of each calendar quarter in ere occurs any event that materially affects the accuracy of the statements and information set forth raphs A.l. and A.2. above. Dhe Disclosing Party certifies that either: (i) it is not an organization described in section ¦) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section ) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying 3S". f the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal and substance to paragraphs A. 1. through A.4. above from all subcontractors before it awards any ract and the Disclosing Party must maintain all such subcontractors' certifications for the of the Matter and must make such certifications promptly available to the City upon request. OTFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY atter is federally funded, federal regulations require the Applicant and all proposed •actors to submit the following information with their bids or in writing at the outset of ions. isclosing Party the Applicant? ' is [ ] No " answer the three questions below: lave you developed and do you have on file affirmative action programs pursuant to applicable egulations? (See 41 CFR Part 60-2.) » []No Have you filed with die Joint Reporting Committee, the Director of the Office of Federal t Compliance Programs, or the Equal Employment Opportunity Commission all reports due a applicable filing requirements? < []No ve you participated in any previous contracts or subcontracts subject to the 3 jortunity clause? s []No hacked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VII - ACKNOWLEDGMENTS, CONTRACT
DNCO EIPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Party understands and agrees that:
fvick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully applicable ordinances.
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.ora/Ethics . and may also be obtained from the City's Board of Ethics, 740 N.Sedg with the;
By completing and signing this EDS, the Disclosing Party waives and releases any possible 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.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any com ract 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 ;l false statement of material fact may include incarceration and an award to the City of treble damages.
It is he 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 av lilable to the public on the Internet, in response to a Freedom of Information Act request, or otherwis rights or
E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1 -23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, a; : required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.
osing Party represents and warrants that:
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F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Depariment 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, ncr 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 die Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written consent of the City, tse 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. 1., 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 diat he/she is authorized to execute diis EDS and Appendix A (if applicable) on behalf of die Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and coi iplete as of the date furnished to die City.
(L>rs ceo
(Print or typejranoaof Disclosing Parry)'
(Print of type name of person signing)
(Print or type title of person signing)
Signed iind sworn to before me on (date) V^CXft^ \?) . 9lOY~~l
at " ~ ~* ' ' *
d ooV>, County, "X\\\^oif> (state).
CN ,
r>-^\jDrr^ Q \3u\X_^~> Notary Public.
Commission expires: ^Oo^Q^ t ^Q\°
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
Thi: 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.
Und^r 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 aiW elected city official or department head. A "familial relationship" exists if, as of the date this EDS is sign ;d, 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. La, if the Disclosing Party is a corporation; all partners of tire 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
XNo
such
such
please identify below (1) the name and title of such person, (2) the name of the legal entity to person is connected; (3) the name and title of the elected city official or department head to 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 CERTD7ICATION
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
f the Applicant is a legal entity publicly traded on any exchange, is any officer or director of he Applicant identified as a building code scofflaw or problem landlord pursuant to Section : '-92-416 of the Municipal Code?
[ ] Not Applicable
S
f yes to (1) or (2) above, please identify below the name of the person or legal entity identified as a uilding 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 REPRESENFATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
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(DO NOT SUBMIT THIS PACK WITH YOUR L:DS. The purpose of this page is fo to
recer tify your I.iDS prior to submission to City Council or on the date of closing if J \°l lo
recertify truthfully, the Disclosing Party must complete a new EDS with correct n,- information) 1 or corrected
RECERTIFICATION
Generally, for use with City Council matters. Not for City procurements unless request d
This recertification is being submitted in connection with 5055 S. State Street, Chicago, Illinois [identify the Matter]. Under penalty of perjury, the person signing below. (JTw^aruTthat he/she is authorized to execute this EDS recertification on behalf of the Disclosing Partv (2) warrants that all certifications and statements contained in the Disclosing Party's original EDS are true, accurate and complete as of the date furnished to the City and continue to be true accurate and complete as of the date of this recertification, and (3) reaffirms its ac kn owledgmcnts.
(Print or type legal name of Disclosing Party)
r
Print or type name of signatory
Title of signatory:
vWs [state].
Signed and sworn to before me on [date] -July St f, <3 0 (~? by vyn^xvx HbJiray , at O.tjdW County, ~JZ-\\\v>
Notary Public.
"OFFICIAL SEAL" KAREN A.TOTH
? ? ? ? ? ? ?,? ygift * * * t
X Notefy PubHc, Stst° °',IUnoi8 X
Vtr- H-fll-05