OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
March 13, 2019
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinance authorizing a removal of deed restrictions associated with property located at 4911 South Cicero.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "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, pursuant to an ordinance adopted by the City Council of the City (the "City Council") on October 8, 2014, and published at pages 92203 through 92206 in the Journal of the Proceedings of the City Council ("Journal") of such date, the City conveyed the real property located at 4911-4913 S. Cicero Avenue, as legally described on Exhibit A attached hereto (the "Property"), to Pace Property Group, L.L.C, an Illinois limited liability company (the "Owner"), for Sixty Thousand and No/100 Dollars ($60,000) (the "Purchase Price"); and
WHEREAS, the City transferred the Property by Quitclaim, Deed dated November 24, 2014, and recorded in the Office of the Recorder of Deeds of Cook County, Illinois, on that same date, as Document No. 1432816013 (the "Deed"); and
WHEREAS, the conveyance of the Property to the Owner was subject to the express conditions that: 1) the Property be improved with a surface parking lot within twelve (12) months from the date of the Deed; and 2) the Property be maintained and used as parking lot in perpetuity (collectively, the "Parking Lot Restrictions"); and
WHEREAS, the Deed provides that, in the event that the Parking Lot Restrictions are not met, the City may re-enter the property and revest title in the City; and
WHEREAS, this right of reverter and re-entry in favor of the City shall terminate forty years from the date of the Deed; and
WHEREAS, the Property has been improved with a surface parking lot; and
WHEREAS, the Owner seeks to expand its adjacent commercial building onto the Property (the "Improvements"); and
WHEREAS, the Department of Planning and Development (the "Department") has reviewed these plans and finds them to be in the best interests of the City; and
WHEREAS, the appraised value of the Property, free and clear of all deed restrictions, was One Hundred Thousand and No/100 Dollars ($100,000) as of December 5, 2018 (the "Appraised Value"); and
WHEREAS, the Owner has agreed to pay to the City the Forty Thousand and No/Dollars ($40,000) difference between the Appraised Value and the Purchase Price; and
WHEREAS, the City has agreed to amend the Deed to permit the Improvements to the Property; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made part of this ordinance as though fully set forth herein.
SECTION 2. The Commissioner of the Department (the "Commissioner") or a designee of the Commissioner is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and record a First Amendment to Deed Restrictions in substantially the form attached hereto as Exhibit B (the "First Amendment"), and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the First Amendment, with such changes, deletions and insertions as shall be approved by the persons executing the First Amendment.
SECTION 3. 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 4. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall take effect upon its passage and approval.
EXHIBIT A
Legal Description (Subject to Title Commitment and Survey):
Lots 4 and 5 in Block 9 in Frederick H. Bartlett's Centerfield, a Subdivision of the West Half of the Northwest Quarter of Section 10, Township 38 North, Range 13, East of the Third Principal Meridian, (except the East 158 feet) in Cook County, Illinois.
Address: 4911-13 S. Cicero Avenue
Chicago, Illinois 60632
Property Index Number: 19-10-113-004-0000
19-10-113-005-0000
EXHIBIT B
[Attached]
FIRST AMENDMENT TO DEED RESTRICTIONS
THIS FIRST AMENDMENT TO DEED RESTRICTIONS ("First Amendment") is made
on this day of , 2019, by and between the CITY OF CHICAGO, an Illinois municipal
corporation ("City"), acting by and through its Department of Planning and Development, having its principal offices at City Hall, 121 North LaSalle Street, Chicago, Illinois 60602, and PACE PROPERTY GROUP, L.L.C., an Illinois limited liability company ("Grantee").
RECITALS
WHEREAS, pursuant to an ordinance adopted by the City Council of the City (the "City Council") on October 8, 2014, and published at pages 92203 through 92206 in the Journal of the Proceedings of the City Council ("Journal") of such date, the City conveyed the real property located at 4911-4913 S. Cicero Avenue, as legally described on Exhibit A attached hereto (the "Property"), to Grantee for Sixty Thousand and No/100 Dollars ($60,000) (the "Purchase Price"); and
WHEREAS, the City transferred the Property by Quitclaim Deed dated November 24, 2014, and recorded in the Office of the Recorder of Deeds of Cook County, Illinois, on that same date, as Document No. 1432816013 (the "Deed"); and
WHEREAS, the Deed required Grantee to build a parking lot on the Property within twelve (12) months from the date of the Deed and imposed certain additional conditions and restrictions running with the land (collectively, the "Deed Restrictions"); and
WHEREAS, a parking lot has been constructed on the Property as required; and
WHEREAS, Grantee seeks to expand its adjacent commercial building onto the Property (the "Improvements") and has asked the City to amend the Deed Restrictions to allow for the Improvements to be constructed on the Property; and
WHEREAS, the appraised value of the Property, free and clear of all deed restrictions, was One Hundred Thousand and No/100 Dollars ($100,000) as of December 5, 2018 (the "Appraised Value"); and
WHEREAS, the Owner has paid to the City the Forty Thousand and No/Dollars ($40,000) difference between the Appraised Value and the Purchase Price by certified or
cashier's check; and
WHEREAS, the City Council, pursuant to an ordinance adopted on ,
2019, and published at pages through in the Journal of such date, authorized
the execution of this First Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements of the parties, the parties agree as follows:
The foregoing recitals constitute an integral part of this First Amendment and are incorporated herein by this reference with the same force and effect as if set forth herein as agreements of the parties. Capitalized terms not otherwise defined herein shall have the same meanings given to said terms in the Deed.
The second paragraph of the Deed is hereby deleted in its entirety and the following is substituted in lieu thereof:
Environmental Remediation. Grantee agrees that it is solely responsible for all aspects of any investigation, cleanup, monitoring, remedial, removal or restoration work necessary to put the Property in a suitable condition for its intended use, including without limitation constructing the Improvements. Without limiting the foregoing, Grantee further agrees that, at the request of the City's Department of Fleet and Facility Management ("2FM"), it shall perform a Phase I environmental site assessment and other studies or tests necessary to determine whether any environmental or health risks would be associated with the development of the Project. 2FM shall have the right to review and approve the sufficiency of any such studies and tests, and, if the results disclose the presence of contaminants exceeding residential remediation objectives (in the case of a residential project) or commercial remediation objectives (in the case of a commercial project), may require Grantee to enroll the Property (or the applicable portion thereof) in the Illinois Environmental Protection Agency's Site Remediation Program ("SRP") and complete the remediation of the Property in accordance with SRP requirements
Release. Grantee, on behalf of itself and any affiliate, and the respective officers, directors, employees, agents,, successors and assigns of Grantee and its affiliates ("Grantee Parties"), or anyone claiming by, through, or under Grantee Parties, hereby releases, relinquishes and forever discharges the City from and against any and all debts, liens, claims, actions, suits, demands, complaints, legal or administrative proceedings, losses, damages, obligations, liabilities, judgments, amounts paid in settlement, arbitration or mediation awards, interest, fines, penalties, costs, expenses and disbursements of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees and expenses, consultants' fees and expenses, costs of investigation, and court costs) (collectively, "Losses") which Grantee or any of Grantee Parties ever had, now have, or hereafter may have, whether grounded in tort or contract or otherwise, in any and all courts or other forums, of whatever kind or nature, whether known or unknown, arising out of or in any way connected with, directly or indirectly, (a) the structural, physical or environmental condition of the Property, and (b) any investigation, cleanup, monitoring, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision or other third party in connection or associated with the Property or any improvements, facilities or operations located or formerly located thereon (collectively, "Released Claims"). This covenant of
release shall run with the Property, and shall be binding upon all successors and assigns of Grantee with respect to the Property, including, without limitation, each and every person, firm, corporation, limited liability company, trust or other entity owning, leasing, occupying, using or possessing any portion of the Property under or through Grantee following the date of this Deed. It is expressly agreed and understood by and between Grantee and the City that, should any future obligation of Grantee, or any of Grantee Parties, arise or be alleged to arise in connection with any environmental, soil or other condition of the Property, neither Grantee, nor any of Grantee Parties, will assert that those obligations must be satisfied in whole or in part by the City because this paragraph contains a full, complete and final release of all such claims.
The fourth paragraph of the Deed is hereby deleted in its entirety and the following is substituted in lieu thereof:
Grantee acknowledges that if Grantee (or its successors or assigns) develops the Property with a "residential housing project," as that term is defined in Section 2-44-070 of the Municipal Code of the City (the "2007 Affordable Requirements Ordinance"), Grantee (or its successors or assigns) shall be obligated to comply with the 2007 Affordable Requirements Ordinance.
Except as otherwise provided in this First Amendment, the terms and conditions of the Deed remain in full force and effect.
(Signature Page Follows)
IN WITNESS WHEREOF, this First Amendment to Deed Restrictions has been signed as of the date first written above.
CITY OF CHICAGO, an Illinois municipal corporation and home rule unit of government
By:
David L. Reifman
Commissioner of Planning and Development
PACE PROPERTY GROUP, L.L.C, an Illinois limited liability company
By:
Name: Title:
THIS INSTRUMENT WAS PREPARED BY, AND AFTER RECORDING, PLEASE RETURN TO:
City of Chicago Department of Law 121 North LaSalle Street, Suite 600 Chicago, Illinois 60602
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 David L. Reifman, the Commissioner of the Department of Planning and Development of the City of Chicago, an Illinois municipal corporation ("City"), and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that, as said Commissioner, he signed and delivered the foregoing instrument pursuant to authority given by the City as his free and voluntary act and as the free and voluntary act and deed of the City, for the uses and purposes therein set forth.
Given under my hand and notarial seal on , 2019.
Notary Public
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 , the of Pace Property Group, L.L.C, an Illinois
limited liability company (the "Company"), personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and, being first duly sworn by me, acknowledged that he signed and delivered the foregoing instrument pursuant to authority given by the Company, as his free and voluntary act and as the free and voluntary act and deed of the Company, for the uses and purposes therein set forth.
Given under my hand and notarial seal on , 2019.
Notary Public
EXHIBIT A
LEGAL DESCRIPTION Legal Description (Subject to Title Commitment and Survey):
Lots 4 and 5 in Block 9 in Frederick H. Bartlett's Centerfield, a Subdivision of the West Half of the Northwest Quarter of Section 10, Township 38 North, Range 13, East of the Third Principal Meridian, (except the East 158 feet) in Cook County, Illinois.
Address: 4911-13 S. Cicero Avenue
Chicago, Illinois 60632
Property Index Number: 19-10-113-004-0000
19-10-113-005-0000
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: Pace Property Group, L.L.C.
Check ONE ofthe following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant
OR
[ ] 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 below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name:
OR
[ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) State the legal name ofthe entity in which the Disclosing Party holds a right of control:
B. Business address ofthe Disclosing Party: 200 West Madison, Suite 4200
Chicago, IL 60606
Telephone: 312.332.4172 Fax: 312.332.2119 Email: gdh48@aol.com
Name of contact person: George Hanus
Federal Employer Identification No. (if you have one): N/A
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Amendment of deed restriction at 4911-4913 S. Cicero Avenue
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 #
Ver.2018-l Page 1 of 15
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OFTHE DISCLOSING PARTY
I. Indicate the nature ofthe Disclosing Party:
[ ] Person [X| Limited liability company
[ ] Publicly registered business corporation [ ] Limited liability partnership
| J Privately held business corporation i [ ] Joint venture
| J Sole proprietorship [ ] Not-for-profit corporation
j ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?
| | Limited partnership [ ] Yes [ ] No|109|| Trust [ J Other (please specify)
For legal entities, the slate (or foreign country) of incorporation or organization, if applicable: Illinois
I-'or 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?
[ i Yes I 1 No ; [xj Organized in Illinois
B. II' Ti ll- DISCLOSING PARTY IS.A LEGAL ENTITY:
]. . List below the full.-names and titles, if applicable, of: (i) all executive officers and all directors of ihe 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 ofthe Applicant.
NOTE: Lach legal entity listed below must submit an FDS on its own behalf.
Name Title
George Hanus Managing 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% ofthe 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 15
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
George Hanus 200 West Madison, Suite 4200
Chicago, IL 60606
SECTION III -- INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
I las the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the dale of this EDS? [ J Yes [x] No
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? [ ] Yes [X]No
If "yes" to either ofthe above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Docs any City elected official or, to the best ofthe Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as definedin
Chapter 2-156 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[ ] Yes IX] 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 intcrest(s).
SECTION IV ~ DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Part}- 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 ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Parly is not required to disclose employees who are paid solely through the Disclosing Pariy's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, ihe Disclosing Parly must either ask ihe City whether disclosure is required or make the disclosure.
Page 3 of 15
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.
Taft Stettinius & Hollister LLP 111 E. Wacker. Chicago Atty. (retained) $5,000.00 estimated
(Add sheets if necessary)
| | Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.
SECTION V - CERTIFICATIONS
A. COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under 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.
I las any person who directly or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
( | Yes | Xj No { j 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 [ i No
11. FURTHER CERTIFICATIONS
[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).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any line, fee, tax or other source of indebtedness owed lo 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.
Pagc4ofl5
3. The Disclosing Parly and. if the Disclosing .Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this CDS:
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 of this EDS, been convicted of a criminal offense, adjudged guilt}', or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes: fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in subparagraph (b) above;
have not, during the 5 years before the dale 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 Parly, 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 thai 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 ofllcial, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Ver.2018-1 Page 5 of IS
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 of this 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 ofthe City, the State of Illinois, or any agency ofthe federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity:
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
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)(Conlracts Requiring a Base Wage): (a)(5)(Debarmcnt 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 i-23. Article I for applicability and defined terms] ofthe 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 ofthe City or any "sister agency"; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If 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 ofthe City, use any such
Ver.2018-1 Page 6 of 15
coniractor'subcontractor that docs not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. If the Disclosing Party is unable lo certify to any of the above statemenis in this Part B (Further Certifications), the Disclosing Party must explain below:
see attached Exhibit A
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.
12. To ihe best ofthe 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-momh period preceding the 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
I 3. To the best ofthe Disclosing Parly'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 ihe execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available lo City employees or to the general public, or (ii) food or drink provided in the course of ofllcial City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "none"). As to any gift listed below, please also lisl the name ofthe City recipient.
N/A
C. CER TIFICATION 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 MCC Section 2-32-455(b).
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 MCC Chapter 2-32. We further pledge that none ofour affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss ofthe privilege of doing business with the City."
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If ihe 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 lo 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, docs any official or employee of the City have a financial interest in his or her own name or in ihe name of any other person or entity in the Matter?
[ J Yes [X] No
NOTE: 1 If you checked "Yes" to Item D(I), proceed to Items D(2) and D(3). If you checked "No" to Item D( 1), 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 properly that (i) belongs to the City, or (ii) is sold for (axes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "Cily Properly Sale"). Compensation for property taken pursuant to the City's eminent domain power does nol constitute a financial interest within the meaning of this Part D.
Does the Matier involve a City Property Sale?
( ] Yes [ ] No
If you checked "Yes" lo hem D(l), provide the names and business addresses ofthe City officials or employees having such financial interest and identify the nature ofthe financial interest:
Name , Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matier will be acquired by any City official or employee.
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i:. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (F) or (2) below. If the Disclosing Parly 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 Cily.
I. The Disclosing Party verifies thai 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 Parly has found no such records.
2. 'fhe 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 fo Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, 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 lhat 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 lo 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
Vcr.2018-1 Page 9 of 15
of a member of Congress, in connection wilh 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) ofthe 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 Parly is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.
H, CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors ro submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant? 1
[ | Yes 1 J No
If "Yes," answer the three questions below:
I. Have you developed and do you have on file affirmative action programs pursuant lo applicable-
federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes | J 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 [ ] Reports not required
Have you participated in any previous contracts or subcontracts subject to ihe equal opporlunilv clause?
| ] Yes ' I J No
If you checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 ofl 5
SECTION VII -- FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
A. 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 arc 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. T he 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, (3 12) 744-9660. The Disclosing Party must comply fully with this ordinance.
If the Cily determines lhat 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 Mailer 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 City's policy to make this document available to the public on its Internet site and/or upon request. Some or all ofthe information provided 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 it may have against the City in connection with the public release of information contained in ihis 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 (he 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 subjecl 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 II of 15
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and all applicable Appendices, on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and all applicable Appendices, are true, accurate and complete as ofthe date furnished to the City.
(Sign here) George Hanus
(Print or type name of person signing)
Managing Member of Pace Property Group, L.L.C. (Print or type title ofperson signing)
Notary Public
Signed and sworn to before me on (date) CC\Cva>cA- ^, *^I£),
al County, X11 t ^oi (state).
Commission expires: Q-t>/ QL? j -2,cj>
Page 12 of 15
Exhibit A
Within the preceding 5 years, neither the Disclosing Party, Pace Property Group, L.L.C, nor its Sole Member identified in Section ILB.l, Mr. George Hanus, has been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action instituted by the City or by any federal government, any state, or any other unit of local government.
To satisfy the intent of full disclosure, please note that:
Mr. Hanus is the Sole Member of, or owns or controls, not only the Disclosing Party but also many other entities holding real property or operating retail or other businesses. From time to time, these entities have received citations or notices of violation or noncompliance (including building code/environmental violations), audit inquiries, fines, fees invoices, water and sewer charge invoices, license fee invoices, property tax bills and sales tax bills. To the best of his recollection, Mr. Hanus was not named personally on these citations, notices, inquiries, fines, invoices and bills and has, without exception, responded promptly and completely in each instance. Mr. Hanus personally has also received parking and moving vehicle citations and audit inquiries and, again, to the best of his recollection, Mr. Hanus has, without exception, responded promptly and completely in each instance.
Relative to Section B.IO ofthe disclosure document, Disclosing Party has retained a law firm to assist it with the disclosure document but has not obtained certifications like those in Section B.2 and B.9 ol' the disclosure document from such law firm as Disclosing Part\' does not consider its legal counsel to be a "contractor/subcontractor" as such term is used in such Section B.IO.
1597639.V2
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 dale this EDS is signed, the Disclosing Parly or any ''Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, ihe city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, faihcr-in-Iaw. 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 M.B.l.a if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Part)- is a genera! partnership; all general partners and limited partners ofthe Disclosing Party, if ihe Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5% 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.
Docs ihe 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?
f ] Yes [Xl No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head lo 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
I his 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.
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?
( ]Yes [jIf 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?
[ | Yes [ | No [ ^ 'fhe 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.
Page 14 of IS
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is lo be completed only by an Applicant that is completing this EDS as a "contractor"' as delined in MCC Section 2-92-385. That section, which should be consulted (www.amleqal.com ). generally covers a party to any agreement pursuant to which they: (i) receive Cily of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay ihe City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify lhai the Applicant is in compliance with MCC Section 2-92-385(b)(l) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
I I Ves
I J No
fX] N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. I his certification shall serve as the affidavit required by MCC Section 2-92-385(c)(T). If you checked "no" to the above, please explain.
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