ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has established the Community Development Commission ("CDC") to. among other things, designate redevelopment areas, approve redevelopment plans, and recommend the sale or lease of parcels located in redevelopment areas, subject to the approval of the City Council of the City ("City Council"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on March 27, 2002, and published at pages 81231-81457 of the Journal of the Proceedings of the City Council ("Journal") of such date, a certain redevelopment plan and project (as amended, the "Plan") for the 47th/King Drive Redevelopment Project Area ("Redevelopment Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1 et seq.) (the "Act"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on March 27, 2002, and published at pages 81458-81465 of the Journal of such date, the Redevelopment Area was designated as a "conservation area" redevelopment project area pursuant to the Act; and
WHEREAS, pursuant to an ordinance adopted by the City Council on March 27, 2002, and published at pages 81466-81472 of the Journal of such date, tax increment allocation financing was adopted pursuant to the Act as a means of financing certain Redevelopment Area redevelopment project costs (as defined in the Act) incurred pursuant to the Plan; and
WHEREAS, the City is the owner of the real property located at 446 East 47th Street, Chicago, Illinois 60653, which is legally described on Exhibit A attached hereto (the "City Land"), and which is located in the Redevelopment Area; and
WHEREAS, the City Land is located in the Grand Boulevard Community Area and is comprised of approximately .065 acres (2,887.5 s.f.); and
WHEREAS, The Guichard Project, LLC, an Illinois limited liability company (the "Grantee"), has submitted a proposal to the Department of Planning and Development (the "Department") to purchase the City Land for $ 1.00; and
WHEREAS, the appraised fair market value of the City Land is $60,000; and
WHEREAS, the Grantee owns the real property located adjacent to the City Land, and operates an art gallery thereon with a mission to expose patrons to multicultural artists specializing in the African Diaspora; and
WHEREAS, pursuant to a lease with the City, the Grantee has previously improved the City Land with a sculpture garden honoring the legacy of the Great Migration of African American people from the Jim Crow South to the North between 1916 and the 1970s; and
WHEREAS, the Grantee received a grant in the amount of SI5,000 from the City's Neighborhood Opportunity Fund to assist with the construction of the Great Migration Sculpture Garden; and
WHEREAS, the sculpture garden has helped to improve the health of the 471'1 Street commercial corridor by activating an underutilized parcel of real estate; and
WHEREAS, the Grantee intends to continue to use the City Land for a sculpture garden and events venue, which use is consistent with the purposes and objectives of the Plan; and; and
WHEREAS, the City Council finds that the conveyance of the City Land to the Grantee is in the best interests of the City; and
/ WHEREAS, pursuant to Resolution No. 18-020-21 adopted on April 19, 2018, the Chicago
Plan Commission approved the conveyance of the City Land to the Grantee; and
WHEREAS, by Resolution No. 18-CDC-7, adopted on March 13, 2018, the CDC authorized the Department to advertise its intent to negotiate a sale with the Grantee for disposition of the City Land and to request alternative proposals for redevelopment, and recommended the sale of the City Land to the Grantee if no responsive alternative proposals were received at the conclusion of the advertising period, or, if alternative proposals were received, if the Department determined in its sole discretion that it was in the best interest of the City to proceed with the Grantee's proposal; and
WHEREAS, public notices advertising the Department's intent to enter into a negotiated sale of the City Land with the Grantee and requesting alternative proposals appeared in the Chicago Sun-Times on March 19, April 2 and April 16, 2018; and
WHEREAS, no alternative proposals were received by the deadline indicated in the aforesaid notices; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City Council hereby approves the sale of the City Land to the Grantee for
$1.00.
SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the City Land to the Grantee in substantially the form attached hereto as Exhibit B.
SECTION 3. The Commissioner of the Department (the "Commissioner") or a designee of the Commissioner, is each hereby authorized, subject to the review and approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and deliver such other documents and take such other actions as may be necessary or appropriate to carry out and comply with the provisions of this ordinance.
SECTION 4. 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 nol affect any of the other provisions ofthis ordinance.
SECTION 5. AH ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict.
SECTION 6. This ordinance shall take effect upon its passage and approval.
Attachments: Exhibit A - Legal Description of City Land Exhibit B - Deed
EXHIBIT A
LEGAL DESCRIPTION
THE WEST 35 FEET OF THE SOUTH 82.5 FEET OF LOT 9 IN BLOCK 2 IN SNOW AND DICKERSON'S SUBDIVISION OF LOTS 1, 2, 3 AND 4 IN WHITCOMB AND WARNER'S SUBDIVISION OF THE SOUTH Vi OF THE SOUTHWEST '/4 OF THE SOUTHEAST % OF SECTION 3, TOWNSHIP 38 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMON ADDRESS: 446 East 47lh Street
Chicago, Illinois 60653
PROPERTY INDEX NUMBER:
EXHIBIT B DEED
QUITCLAIM DEED (Vacant Land)
(The Above Space for Recorder's Use Only)
The CITY OF CHICAGO, an Illinois municipal corporation and home rule unit of local government, having its principal offices at 121 North LaSalle Street, Chicago, Illinois 60602 ("Grantor"), for and in consideration of One Dollar ($1.00) (the "Purchase Price"'), conveys and quitclaims to THE GUICHARD PROJECT, LLC, an Illinois limited liability company, whose principal place of business is located at 436 East 47th Street, Chicago, Illinois 60653 ("Grantee"), all interest and title of Grantor in the real property legally described and identified on Exhibit A attached hereto (the "Property"), pursuant to an ordinance adopted by the City Council on June
, 2018, and published at pages [ ] through [ ] in the Journal of the Proceedings of
the City Council of such date.
Without limiting the quitclaim nature of this deed, this conveyance is subject to: (a) the standard exceptions in an ALTA title insurance policy; (b) general real estate taxes and any special assessments or other taxes; (c) all easements, encroachments, covenants and restrictions of record and not shown of record; (d) such other title defects that may exist; and (e) any and all exceptions caused by the acts of Grantee or its agents. In addition, this conveyance is subject to the following express conditions and covenants which are a part of the consideration for the Property and which are to be taken and construed as running with the land and binding on Grantee and Grantee's successors and assigns:
FIRST. Grantee shall use the Property for the "Great Migration Sculpture Garden" and events venue, and the Property shall be open to the public during Grantee's posted business hours. Grantee may not use the Property for any other purpose without the prior written consent of the City of Chicago Department of Planning and Development (the "Department"), or any successor department thereto, which consent shall be in the Department's sole discretion. This covenant shall be in full force and effect for a period of twenty (20) years from the date of this deed.
Exhibit B - Pago 1
I
SECOND. Grantee may not, without the prior written consent of the Department, which consent shall be in the Department's sole discretion, engage in any financing or other transaction which would create an encumbrance or lien on the Property. This covenant shall be in full force and effect for a period of twenty (20) years from the date ofthis deed
THIRD. Grantee shall not discriminate on the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, or source of income in the sale, lease, rental, use or occupancy of the Property or any part thereof. This covenant shall have no limitation as to time.
FOURTH. Grantee acknowledges and agrees that the Property is being conveyed, and Grantee accepts the Property, in its "as is," "where is" and "with all faults" condition without any covenant, representation or warranty, express or implied, of any kindi as to the structural, physical or environmental' condition of the Property or the suitability of the Property for any purpose whatsoever. Grantee, on behalf of itself and its successors and assigns, shall released, relinquish and forever discharge Grantor and its officers, employees, agencies, departments and officials, from and against any and all claims, causes of action, demands, legal or administrative proceedings, losses, damages, liabilities, judgments, amounts paid in settlement, interest, fines, penalties, costs and expenses (including, without limitation, reasonable attorney's fees and expenses and court costs) based upon, arising out of or in any way connected with, directly or indirectly, the structural, physical or environmental condition of the Property. This covenant shall have no limitation as to time.
If Grantee violates, breaches or fails to comply with any of the foregoing covenants and conditions, Grantee shall have thirty (30) days after written notice of default from Grantor to cure the default, or such longer period-as shall be reasonably necessary to cure such default provided Grantee promptly commences such cure and thereafter diligently pursues such cure to completion (so long as continuation of the default does not create material risk to the Project or to persons using the Project). If the default is not cured in the time period provided for herein, Grantor may exercise any and all rights and remedies available to it at law or in equity, including but not limited to, the right to reenter and take possession of the Property, terminate the estate conveyed to Grantee, and revest title to the Property in Grantor (the "Right of Reverter"); provided, however, Grantor's Right of Reverter shall be limited by, and shall not defeat, render invalid, or limit in any way, the lien of any mortgage authorized by the Department. Grantee, at Grantor's request, covenants to execute and deliver to the City a reconveyance deed to the Property to further evidence such revesting of title, and Grantee shall be responsible for all real estate taxes and assessments which accrued during the period the Property was owned by Grantee and shall cause the release of all liens and encumbrances placed on the Property (except those permitted by the Department) during the period of time the Property was owned by. Grantee. Grantee shall pay Grantor's legal fees incurred in enforcing Grantee's obligations under these covenants.
[Signature Page Follows]
Exhibit B - Page 2
IN WITNESS WHEREOF, the City of Chicago has caused this instrument to be duly
executed in its name and behalf and its seal to be hereunto affixed, by the Mayor and City Clerk,
on or as of the day of , 2018.
CITY OF CHICAGO,
an Illinois municipal corporation
Rahm Emanuel, Mayor
ATTEST:
Andrea M. Valencia, City Clerk
Approved as to form (except for legal description):
Lisa Misher,
Chief Assistant Corporation Counsel
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45(b); SECTION 3-33-060.B. OF THE MUNICIPAL CODE OF CHICAGO (CHICAGO REAL PROPERTY TRANSFER TAX ORDINANCE); AND SECTION 6 (B) OF THE COOK COUNTY REAL PROPERTY TAX ORDINANCE.
Exhibit B - Page 3
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Edward N. Siskel, personally known to me to be the Corporation Counsel of the City of Chicago, an Illinois municipal corporation (the "City") pursuant to proxy on behalf of Rahm Emanuel, Mayor, and Andrea M. Valencia, City Clerk of the City, both personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and being first duly sworn by me acknowledged that as said Corporation Counsel and said City Clerk, respectively, each person signed and delivered the said instrument and caused the corporate seal of said City to be affixed thereto, pursuant to authority given by the City, as each person's free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2018.
NOTARY PUBLIC
THIS INSTRUMENT WAS PREPARED BY: MAIL DEED AND TAX BILLS TO:
Lisa Misher The Guichard Project, LLC
Department of Law, Real Estate Division 436 East 47th Street
121 North LaSalle Street, Suite 600 Chicago, Illinois 60653
Chicago, Illinois 60602
312-742-3932
Exhibit B - Page 4
SUB-EXHIBIT A
LEGAL DESCRIPTION
THE WEST 35 FEET OF THE SOUTH 82.5 FEET OF LOT 9 IN BLOCK 2 IN SNOW AND DICKERSON'S SUBDIVISION OF LOTS 1, 2, 3 AND 4 IN WHITCOMB AND WARNER'S SUBDIVISION OF THE SOUTH J4 OF THE SOUTHWEST lA OF THE SOUTHEAST '/« OF SECTION 3, TOWNSHIP 38 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMON ADDRESS: 446 East 47th Street
Chicago, Illinois 60653
PROPERTY INDEX NUMBER: 20-03-422-027-0000
Exhibit B - Page 5
STATEMENT BY GRANTOR AND GRANTEE
The grantor or his agent affirms that, to the best of his knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire title to real estate under the laws of the State of Illinois.
City of Chicago,
by one of its attorneys:
Dated J , 2018 Signature
/ Lisa Misher
Chief Assistant Corporation Counsel
Subscribed and sworn to before me
this day of , 2018
Notary Public
The grantee or his agent affirms that the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois.
Dated , 2018 Signature
Grantee or Agent
Subscribed and sworn to before me
this day of , 2018
Notary Public
Note: Any person who knowingly submits a false statement concerning the identity of a grantee shall be guilty of a Class C misdemeanor for the first offense and of a Class A misdemeanor for subsequent offenses.
(Attach to deed or ABI to be recorded in Cook County, Illinois if exempt under provisions of Section 4 of the Illinois Real Estate Transfer Tax Act)
Exhibit B - Page 6
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:
Guichard Project, LLC.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
1. H/l the Applicant
2. a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to b' ' \as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Appi^dnt's legal
name:
OR
3. Q a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1))
State the legal name of the entity in which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 436 E. 47th Street
Chicago, IL. 60653
„ ~ . i 7087729315 _ „ ,|
Telephone: Fax: Email: I
Name of comae, person: Frances Guichard
I I
Federal Employer Identification No. (if you have one):;
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
446 E. 47 Street Chicago, IL. 60653
Which City agency or department is requesting this EDS? P^P-^rtment Of Planning
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification U and Contract #
Vcr.20l7-I Paget of 14
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Limited liability company Limited liability partnership
SJoint venture Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))? PlYes
1. Indicate the nature of the Disclosing Party: Person
[ [ Other (please specify)
Publicly registered business corporation Privately held business corporation Sole proprietorship General partnership JLimited partnership Trust
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
QjYes ___No \j\Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which/are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Frances Guichard Member Andre Guichard Member
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
Page 2 of 14
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
Frances Guichard 436 E. 47th Street1, Andre Guichard 436 E. 47th Streetj ~
SECTION III INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? Yes {j/jNo
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? QjYes j\No
If "yes" to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party's knowledge after reasonable inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party? ? Yes [7]No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(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 (as defined in MCC Chapter 2-156), 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. 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 14
Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party (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 CHILD SUPPORT COMPLIANCE
Under MCC 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?
QYes [/] No f-jNo 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?
f~|Yes QNo
FURTHER CERTIFICATIONS
1. [This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
2. The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Page 4 of 14
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) 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, during the 5 years before the date ofthis 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 subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before 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 Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) 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 Parly, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially 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 14
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date ofthis EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 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 subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any 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 a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant 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 MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
[FOR APPLICANT ONLY] The Applicant 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 Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such
Ver.20I7-l Page 6 of 14
iv M:t\:oniracU)r thai not pan u'.e such certifications ur ili.il ihc Ap plicant 'iili iv.ii.-ii i .
vl.cu' h-i> no< pros idcvl or cannm provide trulhlLl certnicnlion«
II the n<.sclcsui{i Party i< unable locemiy lo any ol'(he .iN-u' sLaieincnts tn thi-> i'.ut 11 •) uriK-i < er- :lca:;ornl. tho IV.scfo:onji Part ^ rmisi explain Ivlou.
/; ;rv iertrrs "\ V " the m ml "None, or rin (tifxi sc appears on the lines ahove if he umfiu'iiw.-i. presumed tJu»: ihc Disclosing Part_<. certified io the above itaienicnls.
¦. I o Uic Sr-VJ ot tree l>i?^c losing Party* trto\». tetfge oiler reasonable inquiry, the tollownig, is .« CvT-pictc list of al. curTcnt employees ot ihc Disclosing Partv who were, al uny time during the 1 2-nontii per.vl prevcdirtg the dale ot" th"n EDS. an employee, or elected or appointed official, ot" the C ir, ; r.:e«go ,tl"rv»ne. irvdicate vk ith *N A" or "none").
. • J o trie hes: ot Disclosing Party's knowledge atter reasonable inquiry, the following is a
¦.t::ip«--ie I—< ot all i»_is that the Disclosing Party has given or caused to be given, at any time during
„c l ? -month penixj preceding the execution date ofthis EDS, to an employee, or elected or appointed
•tVici.n:, the Oit> of Chicago. For purposes ofthis statement, a "gift" does not include: li) anything
i;aJr generally available to City employees or to the general public, or(ii) food or drink, provided in
he coarse of official Citv business and having a retail value of less than $25 per recipient, or (iii) a
-•o;it;ca. contribution otherwise duly reported as required by law (if none, indicate with "N/A" or
rone" i. As to an> girt listed below, please also list the name of the City recipient.
^ * t.\ ' ~ ¦
. l. R fir K A I ION OF STARS AS FINANCIAL INSTITUTION
:e DiscloMni: Party cerulies that the Disclosing Party (check one) 1 jis ?0t
.':.a--uiai i.-uLitLHicr." ±> denned in MCC Section 2-32-455vb>.
U ,^l<:.-:.?j Pan> IS a liruncidJ inoUUt: ;n. ibcn ihe Disclosing Party pledges.
,\ .• u^- r-! ino i ;iot r/c-ome a predatory lenee; \* defined in MCC Chapter 2-^2 We Uir'.he.
none o: our aj'f:J:aics is. ai:d none ot them will become, a predatory lender as defined m
!« > i t-.'.rier 1 v Wc understand :rui becoming a predatory lender or becoming, an affiliate::!;.!
.-.j •. ,.• .c' • ; o "he 'os- oi'the r-i". i eg; of doing business with ihe Cily
14
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary):
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 FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, 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?
Q]Yes ' f/|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), skip Items D(2) and D(3) and 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 ofthis Part D.
Does the Matter involve a City Property Sale?
QYes [7]No
3. If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name . Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
Vei\2017-1 Page 8 of 14
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 (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection 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 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 ofthis Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are nol 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, as amended, 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, as amended, 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
Ver.2017-1 Page 9 of 14
of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
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," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
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?
Q]Yes fl 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.)
QYes i [~1No
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 CZW° | [Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
QYes ON0
If you checked "No" lo question (1) or (2) above, please provide an explanation:
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SECTION VII -- FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
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 Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance 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 this ordinance.
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 City transactions. 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 Cit^-pefcy^toanakfilbja^ available to the public on its Internet site and/or upon
request. Som^ or all of the information provided in, and appended to, this EDS may be made publicly
available 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 ft may have against theXity.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 Ihe City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1 -23 and Section 2-154-020.
Page 11 of 14
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and Appendices A and B (if applicable), on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and Appendices A and B (if applicable), are true, accurate and complete as of the date furnished to the City.
Guichard Project, LLC.
(Sign here)
Frances Guichard
(Print or type name of person signing)
Andre Guichard
(Print or type title of person signing)
Signed and sworn to before me on (date)^Vvu^- SUA% ,
at _ County, ^S^Ujut^S (state).
m - - m a ~ ~ -
Notary Public
OFFICIAL SEAL BETRA BROWN Notary Public - State of Illinois My Commission Expires Apr 30.2019
Commission expires:
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant,exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% 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?
QYes
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% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
/ No
2. 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 MCC Section
2-92-416?
J The Applicant is not publicly traded on any exchange.
3. If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
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