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, 600 S. Wells (Chicago III), LLC, a Delaware limited liability company ("Developer"), is the owner of a portion of the approximately 6.5-acre site located generally at 223-313 West Harrison Street, Chicago, Illinois, which is legally described on Exhibit C attached hereto and incorporated herein (the "Property"); and
WHEREAS, Developer intends to develop the Property with a multi-phase, mixed-use residential development (the "Project"); and
WHEREAS, the Property contains certain subsurface freight tunnels (the "Tunnels"). The locations ofthe Tunnels are depicted in Exhibit B attached hereto and incorporated herein. The Tunnels are integrated into a city-wide freight tunnel system that is operated and maintained by the City (the "Tunnel System"): and
WHEREAS, Developer has determined that it is necessary to fill the Tunnels, install bulkheads, and grout between bulkheads (the "Tunnel Work") in order to facilitate construction of future phases of the Project. Developer proposes to undertake the Tunnel Work at its sole cost and expense; and
WHEREAS, the City has determined that the Tunnels are not a necessary part of the Tunnel System. The City has no objection to Developer completing the Tunnel Work, provided that City access to the Tunnel System is unimpeded by the Tunnel Work and the Project; and
WHEREAS, the City has historically used a vertical access shaft abutting the Property at Polk Street to access the Tunnels and portions of the Tunnel System near the Property (the "Tunnel Access Point"). The Tunnel Work will permanently block subsurface connections from Polk Street to the Tunnels and such portions of the Tunnel System that lie to the north and east of the Property; and
WHEREAS, in connection with the Tunnel Work, Developer has agreed to establish a new tunnel access point by installing a vertical access shaft on the Property along the northern property line (the "Access Shaft"). The Access Shaft will be physically connected to and integrated with portions of the Tunnel System that lie to the north and east ofthe Property; and
WHEREAS, Developer's contractors, Rausch Infrastructure, LLC, an Illinois limited liability company, and Lendlease (US) Construction, Inc., a Florida corporation, each intend to enter into a Chicago Freight Tunnel Construction and Maintenance Agreement providing for the bulkheading of the Tunnel System on the Property, the construction of the Access Shaft to replace the Tunnel Access Point, the turnover ofthe Access Shaft and related construction matters; and
WHEREAS, Developer and City desire to provide the City access in perpetuity to the Tunnel System via the Access Shaft, subject to the terms of an easement agreement; and
WHEREAS, the location ofthe easement is depicted in the plat of easement attached hereto as Exhibit A, and legally described in Exhibit D attached hereto, and each such exhibit is incorporated herein: and
WHEREAS, Developer owns the portion ofthe Property to be encumbered by the easement;
and
WHEREAS, the City's Department of Transportation ("CDOT") has determined that following Developer's completion of the construction ofthe Tunnel Access Shaft the Tunnels will not be a necessary part ofthe Tunnel System and it would no longer be in the best interests of the City to retain ownership of the Tunnels; and
WHEREAS, the City has agreed to convey its interests in the Tunnels to Developer; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. The sale ofthe Tunnels to Developer for the sum of Ten and 00/100 Dollars ($ 10.00) is hereby approved.
SECTION 3. The Mayor or her proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, one or more quitclaim deeds (each a "Deed", and collectively, "Deeds") conveying the Tunnels to Developer, or to an entity of which Developer is the sole owner and the controlling party.
SECTION 4. The Commissioner of CDOT (the "Commissioner") or a designee of the Commissioner is each hereby authorized, with the approval ofthe City's Corporation Counsel as to form and legality, to enter into an Easement Agreement in substantially the form attached hereto and incorporated herein as Exhibit E, and to negotiate, execute and deliver such other supporting documents as may be necessary or appropriate to cany out and comply with the provisions of the Easement Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the Easement Agreement.
SECTION 5. Within one hundred eighty (180) days after the passage of this ordinance,' Developer shall file or cause to be filed for recordation with the Office ofthe Recorder of Deeds of Cook County, Illinois (i) the Deed(s) and (ii) the fully-executed Easement Agreement.
SECTION 6. 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.
EXHIBIT A
PLAT OF EASEMENT [Attached]
EXHIBIT "A"
hjeqenb
— • • BOUNDARY LINE
EXISTING RIGHT-OF-WAY
EXISTING PIN LINE
TRAFFIC FLOW DIRECIION
= EASEMENT
HEREBY
GRANTED
PLAT OF EASEMENT
THAT PART OF BLOCK BB IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, IN COOK COUNTY, ILLINOIS
RECORD DIMENSION = 00.00 (R) OR (00.00) MEASURED DIMENSION 00.00 IM) OR 00.00
FOUND CROSS 3.«5N 1 S.7DW FOUND CROSS 2.I0W&4.0OW FOUND CROSS 1.WN t O.WE FOUND CR05S 1.02'N > 4.0TW
CDOT#16-15-20-3955 DOE
EXHIBIT "A
SEE SHEET 3 FOR LEGAL DESCRIPTIONS OF THE EASEMENT AREAS
> • BOUNDARY LINE — EXISTING RICHF-OF-WAY - EXISTING PIN LINE TRAFFIC FLOW DIRECTION
= EASEMENT HEREBY GRANTED
RECORD DIMENSION -00.00 (R) OR (00.00) MEASURED DIMENSION 00.00 IM) OR 00.00
leqend PLAT OF EASEMENT
BLOCK 08
/-ACCFSS EASE ME M7 MUCH. "B / ' HEREBY ClUWTCb
<. 29.0 CCD
16 9 CCD 0 0 CCD
h r -2000 CCD
/ -30.33 CCO J- ACCESS EASEMENT PARCEL C- HEREBY GRANT ED ^occo
SCHOOL SECTION ADDITION TO CHICAGO IN SECTION K5-J9-14 RECORDED .MARCH lb. 1S3J ANTE-FIR
NBB'28'50'E 4.W -N01'3V10'W 10.00'
N0T3V10TV 10.001
S8B-ZBWW^V 10.00' ACCESS EASEMENT HEREBY GRANTED
PARCEL"B" _rrBCC
POINT OF BEGINNING MlA.tSi ACCESS EASEMENT'B" EASEMENT
VIEW LOOKING NORTH
HEREBY GRANTED
PARCEL "C"
sbb^bso-w
N0V31'10-W 10.00' POINT OF BEGINNING ACCESS EASEMENT "C
JIT UNE OF
BLOCK 00 BLOCK BB SCHOOL SECTION ADDITION TO CHICAGO IN SECTION 16-39-14 RECORDED MARCH 15. 1833 ANTE-FIRE
- ACCESS EASEMENT HEREBY GRANTED
west line of block m—^
^o^«/S,
VIEW LOOKING SOUTHEAST
SHEET 2 01' 3
LAST REViSED: 10/30/2020
N88'28'50'E 0.75'
. ^ _ - NOT3T10-W7.02-
CDOT#16-15-20-3955 DOE
EXHIBIT "A"
PLAT OF EASEMENT affected pins
ACCESS EASEMENT DESCRIPTION: ¦ fJ7Zt&.401_QQ8_QQQQ |
PARCEL "A"i
THAT PART OF BLOC* BB IN THE SCHOOL SECTION ADOITION TO CHICAGO. BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST OUARTER OF SECTION 16. TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH IS, 1833 ANTI-FIRE DOCUMENT ANO THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING AOOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF 19.9 FEET ABOVE CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM ANO LYING WITHIN ITS H0RI20NTAL BOUNDARY PROJECTED VERTICALLY. BOUNOEO ANO DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION CF THE ORIGINAL SOUTH LINE GF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK BB AFORESAIOi THENCE SOUTH 8B DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAIO ORIGINAL WEST HARRISON STREET, 362.98 FEET: THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE. 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 11032JL025. SAID POINT ALSO BEING THE POINT OF BECINN1NC, THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAIO SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF ANO PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 11032310251 THENCE SOUTH 68 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE. 14.50 FEET, THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST. PERPENDICULAR TO SAID SOUTH LINE. 10.00 FEET TO A POINT ON A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025: THENCE NORTH 08 DEGREES 29 MINUTES 50 SECONDS EAST. ALONG SAID PARALLEL LINE, 4.50 FEETp THENCE NORTH 01 DECREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE. 17.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON PER DOCUMENT I103231025i THENCE NORTH BB DEGREES 2B MINUTES 50 SECONOS EAST. ALONG SAID SOUTH LINE. 10.00 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 5933 CUBIC FEET, MORE OR LESS
TOGETHER WITH PARCEL "B"i
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTICAST QUARTER OF SECTION 16. TOWNSHIP 39 NORTH, RANCE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15. 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT. LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAYING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND OESCRIBEO AS FOLLOWS] COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUIH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE N0RTHEA5T CORNER OF BLOCK 88 AFORESAIOi THENCE SOUTH 8B DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAIO 0RIC1NAL WEST HARRISON STREET, 3G2.98 FEETi THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE. 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025i THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE. 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE Of WEST HARRISON PER DOCUMENT 1I0323102S] THENCE SOUTH 89 DEGREES 28 MINUTES 50 SECONDS WEST. ALONG SAID PARALLEL LINE. 14.50 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING SOUTH 8B DECREES 28 MINUTES 50 SECONOS WEST. ALONG SAIO PARALLEL LINE. 10.00 FEET: THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAJO SOUTH LINE, 10.00 FEET TO A POINT ON A LINE IT.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 11032310251 THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST. ALONG SAID PARALLEL LINE. 10.00 FEETi THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAIO SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 3182 CUBIC FEET. MORE OR LESS.
TOGETHER WITH PARCEL "C"i
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO. BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER
OF SECTION 16. TOWNSHIP 39 NORTH. RANCE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND
THE F1LLE0 OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING
AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF -20.00 FEET BELOW
CHICAGO CITY DATUM AND LYMG WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY. BOUNDED AND DESCRIBED AS FOLLOWSi COMMENCING
AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WEUS STREET, SAID POINT
BEING 10,00 FEET WEST OF THE NORTHEAST CORNER OT BLOCK BB AFORESAIOi THENCE SOUTH 88 DEGREES 28 MINUTES SO SECONDS WEST. ALONG
THE SOUTH LINE OF SAIO ORIGINAL WEST HARRISON STREET, 362.38 FEETi THENCE SOUTH 01 DECREES 31 MINUTES 10 SECONDS EAST,
PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUIH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025:
THENCE CONTINUING SOUTH Ot DEGREES 31 MINUTES 10 SECONDS EAST. PERPENDICULAR TO SAID SOUTH LINE. 27.00 FEET TO A POINT ON A
LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025: THENCE SOUTH 88 DEGREES 28
MINUTES 50 SECONDS WEST. ALONG SAID PARALLEL LINE, 14.50 FEET TO THE POINT OF BEGINNING) THENCE NORTH 01 DEGREES Jl MINUTES 10
SECONDS WEST, 10.00 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREETi THENCE SOUTH 88
DECREES 29 MINUTES 50 SECONDS WEST. ALONG SAIO PARALLEL LINE. 0.73 FEETi THENCE NORTH 01 OEGREES 31 MINUTES 10 SECONDS WEST,
PERPENDICULAR TD SAID SOUTH LINE, 17.00 FEET TO A POINT ON THE SOUTH UNE OF SAIO WEST HARRISON STREETi THENCE NORTH 88 DEGREES
21 MINUTES 50 SECONOS EAST. ALONG SAID SOUTH UNE. B.00 FECT, THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONOS EAST, PERPENDICULAR
TO SAID SOUTH LINE, S3.37 FEETi THENCE SOUTH 07 DECREES 53 MIUJTES IT SECONDS EAST. 8.03 FEETi THENCE SOUTH 82 DEGREES 00
MINUTES 43 SECONOS WEST. PERPENDICULAR TO THE LAST COURSE. 8.00 FEETi THENCE NORTH 07 DECREES 59 MINUTES IT SECONDS WEST. B.4S
FEETi THENCE NORTH 01 OEGREES 31 MINUTES 10 SECONDS WEST. PERPENDICULAR TO THE SOUTH LINE OF SAJO WEST HARRISON STREET, 7.02
FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREETi THENCE NORTH 98 DECREES 29 MINUTES 50
SECONDS EAST, ALONG SAID PARALLEL LINE, 0,75 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL
CONTAINING 3399 CUBIC FEET. MORE OR LESS.
COOK COUNTr
STATE OF JLLINOISI
I :
COUNT Y OF COOK )
(VALID ONLY ir EMBOS!
COMPARE ALL DIMENSIONS'BCfcjfiE BUILDING AND REPORT ANY DISCREPANCIES AT ONCE. REFER V DEED OR TITLE POLICY FOR BUILDING LINES AN] EASEMENTS.
IN ROSEMONT, laiNOtS.
CDOT#16-15-20-395
CHICAGO DEPARTMENT OF TRANSPORTATION SURVEYOR'S NOTESi
BASIS OF BEARINGS: TRUE NORTH BASED ON GEODETIC OBSERVATION IL EAST ZONE
PREPARED FORi
RIVER SOUTH PROPERTIES, LLC 30 S. WACKER DR, 24TII FLOOR CHICAGO, 6O60G
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS urON THE PLAT.
1. LAST DATE OF FIELD WORK: JULY 16. 2015.
5. ZONING INFORMATION SHOWN HEREON BASED ON CHICAGO DEPARTMENT OK ZONING ON-LINE ZONING MAP ACCESSED MARCH 4, 2020. THE UNDERLYING PROPERTY IS ZONED PU-1296
SHEET 3 Or 3 LAST REVISE!): 10/30/2020
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RIVER SOUTH PROPERTIES 30 S. WACKER DR,
E24TH FLOOR CHICAGO. 60606
EXHIBIT B
DEPICTION OF TUNNELS [Attached]
EXHIBIT C
LEGAL DESCRIPTION OF THE PROPERTY [Attached]
THAT PARI OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO. BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NCRFH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE FILLED OLD CHANNEL OF THE SOU IH BRANCH OF THE CHICAGO RIVER. ALL TAKEN AS ONE TRACT. BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECT I OH OF THE SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE Or SOUTH WELLS STREET, SAID POINI BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 08 AFORESAID, AND RUNNING THENCE SOUTH 00 DEGREES. 01 MINUTES, 33 SECONDS WEST ALONG THE WEST LINE OF SOUTH WELLS STREET, A DISTANCE OF 326.00 FEET; THENCE NORTH 89 DEGREES, 5B MINUTES. ?.l SECONDS WEST ALONG A STRAIGHT LINE. A DISTANCE OF 220.00 FEET 10 THE POINT OF BEG INN INC FOR THAT PART HEREINAFTER DESCRIBED; THENCE CONTINUING NORTH 89 DEGREES, 58 MINUTES. 27 SECONDS WEST ALONG SAID STRAIGHT LINE, A DISTANCE OF 242.80 FEET TO AN INTERSECTION WITH THE EAST DOCK LIME OF THE NEW CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, AS ESTABLISHED HY ORDINANCE PASSED BY THE CITY COUNCIL ON JULY 8. 1926; THENCE NORTH 08 DEGREES. 19 MINUTES, 28 SECONOS WEST ALONG SAID DOCK LINE, SAID DOCK LINE BEING HERE A LINE WHICH IS 200.00 FEET EASTERLY FROM AND PARALLEL WITH THE EAST LINES OF LOTS 15. 17 AND If) IN THF RAILROAD COMPANIES RESUBDIVISION OF PART OF THE SCHOOL SECTION ADDITION TO CHICAGO. THE PLAT OF WHICH WAS RECORDED MARCH 29. 1924 AS DXUMENT NO. 8339751. A DISTANCE OF 101.08 FEET: THENCE NORTH 07 DEGREES, 11 MINUTES, 37 SECONDS WEST ALONG SAID EAST DOCK LINE, A DISTANCE OF 211 66 FEET TO A POINT 15.58 FEET SOUTH OF THE SOUTH LINE OF WEST HARRISON STREET; THENCE SOUTH 09 OEGREES, 54 MINUTES, 35 SECONOS EAST, PARALLEL WITH THE SOUTH LINE OF WEST HARRISON STREET, A DISTANCE OF 39.05 FEET TO AN INTERSECTION WITH A LINE WHICH IS PERPENDICULAR TO SAID SOUTH LINE OF WEST HARRISON STREET AT A POINT 475.01 FEET (AS MEASURED ALONG THE NORTH LINE OF BLOCK B8, BEING THE SOUTH LINE OF WEST HARRISON STREET) WEST OF THE NORTHEAST CORNER OF SAID BLOCK 88; THENCE NORTH 00 DEGREES, 05 MINUTES. 25 SECONDS EAST ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 15.58 FEET TO THE AFORESAID POINI ON THE SOUTH LINE OF WEST HARISON SIREET; THENCE SOUTH 89 DEGREES, 54 MINUTES. 35 SECONDS EAST ALONG SAID SOUTH LINE OF WEST HARRISDN STREET, A DISTANCE OF 245.01 FEET, AND THENCE SOUTH 00 DEGREES, 01 MINUTES. 33 SFCONDS WEST ALONG A LINE PARALLEL WITH SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 325.25 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING:
THAT PART Or BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO. BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER. ALL TAKEN AS ONE TRACT BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF W. HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET. SAIO POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 8fl: THENCE SOUTH 80 DEGREES 29 MINUTES 46 SECONDS WEST ALONG SAID SOUTH LINE or W. HARRISON STREET A 01 STANCE OF 220 DO FEET TO IHE POINT OF BEGINNING; THENCE SOUTH 01 DEGREE 33 MINUTES 18 SECONDS EAST 19.00 FEET TO A LINE PARALLEL WITH AND 19.00 FtEl SOUTH OF SAIO SOUTH LINE OF W. HARRISON STREET; THENCE SOUIH 88 DEGREES 29 MINUTES 46
SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 168.97 FEET; THENCE NORTH 77 DEGREES 2B MINUTES 43 SECONDS WEST A DISTANCE OF 78.40 FEET TO A POINT ON SAID SOUTH LINE OF W, HARRISON STREET. SAID POINT BEING 475.01 FEET WEST FROM THE NORTHEAST CORNER OF SAID BLOCK 88; I HENCE NORTH 88 DEGREES 29 MINUTES 46 SECONOS EAST A DISTANCt OF 240.01 FEET ALONG SAID SOUTH LINE OF W. HARRISON STREET TO THE POINT OF REG INNING.
THAT PART OF BLOCKS H7 AND 8B IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NORTH. RANGE 14, EAST OF THE IN IRO PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF WEST HARRISON STREET. WITH THE WEST LINE OF SOUTH WELLS STREET, SAIO POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 89; AND RUNNING THENCE SOUTH 00 DECREES 01 MINUTES 33 SECONDS WEST ALONG THE WEST LINE OF SOUTH WELLS STRFET, A DISTANCE OF 325.00 FEET TO A POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WEST ALONG SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 469.69 FEET TO THE NORTH LINE OF WEST POLK STREET; THENCE NORTH 89 DEGREES 53 MINUTES 25 SECONDS WEST ALONG SAID NORTH LINE OF WEST POLK STREET A DISTANCE OF 185.78 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 33 SECONDS EAST PARALLEL WITH SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 469.42 FEET TO AN INTERSECTION WITH A LINE DRAWN PERPENDICULAR TO SAID WEST LINE OF SOUTH WELLS STREET FROM THE AFORE DESCRIBED POINT OF BEGINNING: THENCE SOUTH HD DEGREES 58 MINUTES 27 SECONDS EAST ALONG SAID LAST DESCRIBED PERPENDICULAR LINE. A DISTANCF OF 185.78 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS (EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND:
THAT PART OF BLOCK 87 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NORTH. RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SOUTH WELLS STREET AND THE NORTH LINE OF WEST POLK STREET; THENCE NORTH 89 DEGREES 53 MINUTES 25 SECONDS WEST, ALONG THE NORTH LINE OF SAID WEST POLK STREET, 165.00 FEET TO A POINT ON A LINE 165.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTH WELLS STREET; THENCE NORTH 00 DEGREES 01 MINUTES 33 SECONDS EAST, ALONG SAID PARALLEL LINE 290,76 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 27 SECONDS EAST. PERPENDICULAR TO THE LAST COURSE, A DISTANCE OF 165 00 TEET TO A POINT ON THE WEST LINE OF SAID SOUTH WELLS STREET. THENCE SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WESI, ALONG SAID WEST LINE, 291.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS).
THAT PART OF BLOCK 87 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT. BOUNDARY AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SOUTH WELLS STREET AND THE NORTH LINE OF WEST POLK STREET: THENCE NORTH 89 DEGREES 53 MINUTES 25 SECONDS WEST, ALONG THE NORTH LINE OF SAID WEST POLK STREET, 165.00 FEET TO A POINT ON A LINE 165.00 FELT WEST OF AND PARALLEL WITH THE WIST LINE Or SAID SOUTH WELLS STREET; THENCE NORTH 00 DEGREES 01 MINUTES 33 SECONDS EAST, ALONG SAID PARALLEL LIME 290.76' FEET; THENCE SOUTH 09 DEGREES 58 MINUTES 27 SECONDS EAST, PERPENDICULAR TO THE LAST COURSE, A DISTANCE OF 165.00 FEET TO A POINT ON THE WEST LINE Or SAID SOUTH WELLS STREET; THENCE SOUTH CO DEGREES 01 MINUTES 33 SECONDS WEST, ALONG SAID WEST LINE, 291.00 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS.
THAT PART OF BLOCKS 87 AND 1)0 IN 1 HE SOUTH SECTION ADO III ON TO CHICAGO, BEING A SUBDIVISION OE SECTION lli, TOWNSHIP 39 NORTH, RANGE 1-1 FAST OE THE THIRD PRINCIPAL MERIDIAN ANO THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF W HARRISON STREET, WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88. AND RUNNING THENCE SOUTH 00 OEGREES 01 MINUTES 33 SECONOS WEST ALONG THE WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 325.00 FEET TO THE POINT OF BEGINNING FOR THAT PART HEREINAFTER DESCRIBED; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WEST ALONG SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 469.69 FEET TO THE NORTH LINE OF WEST POLK STREET; THENCE NORTH 89 DEGREES 53 MINUTES 25 SECONOS WEST ALONG SAIO NORTH LINE OF WEST POLK STREET 393.51 FEET TO THE DOCK LINE OF THE NEW CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER. AS ESTABLISHED BY ORDINANCE PASSED BY THE CITY COUNCIL ON JULY 8. 1926; THENCE NORTH 8 DEGREES 24 MINUTES 02 SECONDS WEST ALONG SAID EAST DOCK LINE. BEING A LINE WHICH IS 200.00 FEET EASTERLY FROM ANO PARALLEL WITH THE EAST LINES OF LOTS 15, 17 AND 18 IN THE RAILROAD COMPANY'S HLSUBDiV IS ION OF PART OF THE SCHOOL SECTION ADDITION TO CHICAGO, THE PLAT OF WHICH OF WHICH WAS RECORDED MARCH 29, 1924 AS DOCUMENT NO. 8339751. A DISTANCE OF 319.26 FEET; THENCE NORTH 8 DEGREES 19 MINUTES 28 SFCONDS WEST. CONTINUING ALONG SAIO EAST DOCK LINE, A DISTANCE OF 154.95 FEET TO AN INTERSECTION WITH A LINE WHICH IS PERPENDICULAR TO SAID WEST LINE OF SOUTH WELLS STREET AT SAID POINT WHICH IS 325.00 FEET SOUTH OF THE SOUTH LINE OF WEST HARRISON STREET, AND THENCE SOUTH 89 DEGREES 5B MINUTES 2 7 SECONDS EAST ALONG SAIO PERPENDICULAR LINE, A DISTANCE OF 462.80 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS
EXCEPTING THEREFROM THE FOLLOWING.
THAT PART OF BLOCKS 87 AND 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN ROUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF WEST HARRISON STREET.WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88, AND RUNNING THENCE SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WEST ALONG THE WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 325.00 FEET TO A POINT OF BEG INN IG OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH OO DEGREES 01 MINUTES 33 SECONDS WEST ALONG SAID WIST LINE OF SOUTH WELLS STREET, A DISTANCE OF 469.69 FEET TO THE NORTH LINE OF WEST POLK STREET; THENCE NORTH 89 DEGREES S3 MINUTES 25 SECONDS WES I ALONG SAID NORTH LINE OF WEST POLK STREET A DISTANCE OF 105.7U FEET; THENCE NORTH 00 DEGREES 01 MINUTES 33 SECONDS EAST PARALLEL WITH SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 469.42 FEET TO AN INTERSECTION WITH A LINE DRAWN PERPENDICULAR TO SAID WEST LINE OF SOUTH WELLS STREET FROM THE AFORE DESCRIBED POINT OF BECINNING; THENCE SOUTH 89 DEGREES 50 MINUTES 27 SECONDS EAST AIDNG SAID LAST DESCRIBED PERPENDICULAR LINE. A DISTANCE OF 105./O FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS.
P.I.N 17-16-401-008-0000 (Affects the foregoing described property and other property) Address 195 VV HARRISON ST, Chicago, Illinois, 60005
P.I.N 17-[6-401-020-0000 P.I.N 17-16-401-021-0000 PI.N. 17-16-401-019-0000
Address: 726 S WELLS ST. Chicago. Illinois 60654
EXHIBIT D
LEGAL DESCRIPT ION OF EASEMENT ACCESS EASEMENT DESCRIPTION: PARCEL "A":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15,1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF 18.9 FEET ABOVE CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO A POINT ON A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 4.50 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 17.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 5933 CUBIC FEET, MORE OR LESS
TOGETHER WITH PARCEL "B":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO A POINT ON A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 3182 CUBIC FEET, MORE OR LESS.
TOGETHER WITH PARCEL "C":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION
OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF -20.00 FEET BELOW CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, 10.00 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 0.75 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 17.00 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID SOUTH LINE, 8.00 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 33.57 FEET; THENCE SOUTH 07 DEGREES 59 MINUTES 17 SECONDS EAST, 8.03 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 43 SECONDS WEST, PERPENDICULAR TO THE LAST COURSE, 8.00 FEET; THENCE NORTH 07 DEGREES 59 MINUTES 17 SECONDS WEST, 8.48 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO THE SOUTH LINE OF SAID WEST HARRISON STREET, 7.02 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 0.75 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 3398 CUBIC FEET, MORE OR LESS.
EXHIBIT E
FORM OF EASEMENT AGREEMENT [Attached]
Tliis Document Prepared by:
Arthur Dolinsky, Senior Counsel City of Chicago Law Department 121 North LaSalle Street, Suite 600 Chicago, Illinois 60602 312-744-873!
After Recording Return to:
DLA Piper LLP (US) 444 West Lake Street, Suite 900 Chicago, Illinois 60606 Attn: Katie Jahnke Dale, Esq.
EASEMENT AGREEMENT (Southbank Freight Tunnel Access)
This EASEMENT AGREEMENT (the "Agreement") is entered into as ofthe day of
, 2020 (the "Effective Date"), by and between the CITY OF CHICAGO, an Illinois home
rule municipal corporation, by and through its Department of Transportation, (the "City") and 600 S. Wells (Chicago) III, LLC. a Delaware limited liability company ("Grantor"). City and Grantor together shall be referred to herein as the "Parties".
RECITALS
Grantor is the owner of a portion of the approximately 6.5-acre site located generally at 223-313 West Harrison Street, Chicago, Illinois, which is legally described on Exhibit C attached hereto and made a part hereof (the "Property").
Grantor intends to develop the Property with a multi-phase, mixed-use residential development (the "Project").
T he Property contains certain subsurface freight tunnels (the "Tunnels"). The Tunnels are integrated into a city-wide freight tunnel system that is operated and maintained by the City (the "Tunnel System").
Grantor has determined lhat it is necessary to fill the Tunnels, install bulkheads, and grout between bulkheads (the "Tunnel Work") in order to facilitate construction of future phases ofthe Project. Grantor proposes to undertake the Tunnel Work at its sole cost and expense.
H. The City has determined that the Tunnels are not a necessary part of the Tunnel System. The City has no objection to the Grantor completing the T unnel Work, provided that City access to the Tunnel System is unimpeded by the Tunnel Work and the Project.
F. The City has historically used a vertical access shaft abutting the Property at Polk Street to access the Tunnels and portions of the Tunnel System near the Properly (the "Tunnel
Access Point"). The Tunnel Work will permanently block subsurface connections from Polk Street to the Tunnels and such portions of the Tunnel System that lie to the north and east of the Property.
G. In connection with the Tunnel Work, Grantor has agreed to establish a new tunnel
access point by installing a vertical access shaft on the Property along the northern property line
(the "Access Shaft"). The Access Shaft will be physically connected to and integrated with
portions ofthe Tunnel System that lie to the north and east ofthe Property.
H. On , 2020, Rausch Infrastructure, LLC, an Illinois limited liability
company, and the City executed that certain Chicago Freight Tunnel Construction and Maintenance Agreement providing for the bulkheading of the Tunnel System on the Property, the construction of the Tunnel Access Shaft to replace the Tunnel Access Point, the turnover of the Access Shaft and related construction matters ("Construction Agreement 1").
I. On , 2020, Lendlease (US) Construction, Inc., a Florida corporation, and
the City executed that certain Chicago Freight Tunnel Construction and Maintenance Agreement providing for the bulkheading of the Tunnel System on the Property, the construction ofthe Tunnel Access Shaft to replace the Tunnel Access Point, the turnover of the Access Shaft and related construction matters ("Construction Agreement 2"; Construction Agreement 1 together with Construction Agreement 2, the "Construction Agreements").
J. Grantor and City desire to provide for perpetual City access to the Tunnel System via the Access Shaft, subject to the terms of this Agreement.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Recitals Incorporated. The recitals set forth above are incorporated herein by this reference and shall be deemed terms and provisions hereof, the same as if fully set forth in this Section 1.
Access Shaft Installation, Ownership and Maintenance. Subject to the terms and conditions of the Construction Agreements:
Grantor shall design and install the Access Shaft. Grantor agrees that the Access Shaft shall be installed in a good and workmanlike manner and in compliance with all applicable laws, statues and ordinances.
Upon completion of the Access Shaft installation, Grantor shall turn over the Access Shaft to the City. The City will own and maintain the Access Shaft as part of the Tunnel System. The City agrees that the Access Shaft shall be maintained in a good and workmanlike manner and in compliance with all applicable laws, statues and ordinances. In the event the Access Shaft becomes damaged, broken or unsafe, Grantor shall provide written notice to the City of such condition and within seven (7) days of the City's receipt of such notice, the City will secure the
Tunnel Access Easement Area (as defined below) and make the necessary repairs within sixty (60) days of the City's receipt of such notice, provided that such damage or unsafe condition was a direct result ofthe City's failure to maintain the Access Shaft. In the event such damage or unsafe condition was directly caused by the City's failure to maintain the Access Shaft, and the City fails to so timely cure the condition, Grantor may exercise its right of self-help and cure, or cause to be cured, the condition and the cost of such remedy, without any mark-up, shall be the responsibility of the City, subject to the availability of legally appropriated funds.
Grant of Tunnel Access Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants to the City a perpetual easement (the "Tunnel Access Easement") in, on, and over certain areas of the Property (the "Tunnel Access Easement Area"), as legally described in Exhibit B. and depicted in the plat of easement in Exhibit A. each such exhibit attached hereto and made a part hereof, for purposes of inspecting, using, operating, maintaining, repairing and replacing the Tunnel System, including pedestrian and vehicular access between Harrison Street and the Access Shaft, (the "City Work"). Vehicular access shall be expressly limited to support activities required to complete the City Work. Grantor warrants to the City that it has sufficient title and interest in and to the Property to enter into this Agreement, and to grant the Tunnel Access Easement.
Term. The Tunnel Access Easement shall commence on the Effective Date and shall be perpetual.
Use of Tunnel Access Easement and Access Shaft. Grantor may use the Property including the at-grade portion of the Tunnel Access Easement Area, so long as such use does not substantially interfere with the City's use of the Tunnel Access Easement, including the Access Shaft. Use of and access to the Access Shaft and the below-grade portions of the Tunnel Access Easement Area will be exclusive to the City, provided that the City may grant access to its contractors and licensees (the "City Contractors"). At all times, Grantor shall provide lateral and subjacent support for those portions of the Tunnel System in, on or adjacent to the Property, including the at-grade and below-grade portions thereof and the Access Shaft, and any failure to provide such support shall constitute substantial interference with City use of the Tunnel Access Easement.
Insurance During Citv Work. Prior to the City Contractors' entry onto the Tunnel Access Easement Area to perform any City Work to the portion ofthe Tunnel System in or on the Property, the City shall require each such contractor to procure and maintain and at all times thereafter continuing until the completion of such entry or work, the City's then-standard coverages of insurance for such City Work.
Liens. The City and Grantor acknowledge that this Easement Agreement does not authorize the City to allow or permit any City Contractor to file for any lien upon the Property. City shall keep the Property free from any and all liens and encumbrances arising out of the City Work. In case a claim ofany such lien is filed, Grantor shall promptly notify City of such lien. Upon receipt of such notice, City shall either pay and remove said lien, or undertake, in good faith, to contest such lien by appropriate legal proceedings and provide Grantor with written notice of the same. The City shall not be required to pay the lien until a final non-appealable judgment has
been rendered in the lien holder's favor for work performed for City on the Property. Ifthe City (1) fails to pay and remove such lien, and fails to contest same as provided herein, or (2) fails to comply with a final non-appealablc judgment, then Grantor, at Grantor's election following 30 days' notice and time for cure to the City, may, but is not obligated to, pay and satisfy the same, and all actual costs incurred related thereto (including, without limitation, reasonable attorneys' fees, disbursements and court costs) and such amounts paid by Grantor shall be reimbursed by the City, after review and approval by the City (which approval shall not be unreasonably delayed or withheld), within forty-live (45) days of City's receipt of a written notice detailing such costs.
Default, Termination. It shall be a "City Default" under this Agreement if the City shall fail to comply with or perform any term, covenant, agreement or condition of this Agreement, and such failure shall continue for thirty (30) days after written notice provided, however, if such default cannot be cured in 30 days, the City shall have an additional reasonable period of time (not to exceed ninety (90) additional days) to cure such failure provided that City has commenced to cure such failure within said thirty (30) day period and thereafter diligently and continuously uses commercially reasonable efforts to pursue the remedies or steps necessary to cure such failure. In the event of a City Default, Grantor shall have all remedies at law or in equity except for the right to terminate this Agreement and the Tunnel Access Easement granted herein.
Partial Invalidity. If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion hereof shall remain in full force and effect.
Notices. Any and all notices or other communications required or permitted pursuant hereto shall be in writing and shall be deemed to have been given if and when personally delivered or on the next following business day if transmitted by reputable overnight carrier. Notices shall be addressed to Grantor and the City at their respective addresses set forth below, or to such substitute address as Grantor or the City may have designed by notice in accordance herewith:
If to City: Commissioner
City of Chicago Department of Transportation 2 North LaSalle Street, Suite 1110 Chicago, Illinois 60602 Attn: Maps and Plats
With a copy to: City of Chicago Department of Law
121 North LaSalle Street, Room 600 Chicago, Illinois 60602
Attn: Deputy Corporation Counsel, Real Estate Division
If to Grantor: 600 S. Wells (Chicago III), LLC
30 S. Wacker Drive, #2400 Chicago, IL 60606 Attn: Theodore Weldon, III
With a copy to: DLA Piper LLP (US) j,
444 West Lake Street, Suite 900
Chicago, Illinois 60606 *
Attn: Katie Jahnke Dale j
Addressees may be changed by the Parties by notice given in accordance with the provisions
hereof j
Illinois Law; Venue and Jurisdiction. This Agreement has been negotiated, executed and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois. If there is a lawsuit under this Agreement, each party hereto agrees to submit
to the jurisdiction of the courts of Cook County, the State of Illinois, or the United States District li
Court for the Northern District of Illinois. H
«
Covenant Running with the Land. The terms, benefits, and privileges set forth §
in this Agreement shall be deemed and taken to be covenants running with the Property and shall \be binding upon Grantor, its successors and assigns having any interest in the Property, including h.
without limitation, any property owners association formed to succeed Grantor. jj
No Partnership; No Third-Party Beneficiaries. No provision of this Agreement, nor i
any act of the City, shall be deemed or construed by any of the parties, or by third persons, to create t
or imply to create the relationship of third-party beneficiary, or of principal or agent, or of limited fl
or general partnership, or of joint venture, or ofany association or relationship involving the City H
and Grantor.|1010|14. Indemnification. City hereby agrees to indemnify, hold harmless and defend Grantor for claims for personal injury or property damage arising from or as a result of City employees' or its contractors' performance of work at the Tunnel Access Point or in the Access Shaft, except to the extent proximately caused by a Grantor, its employees, agents, contractors, licensees, permitees, or any person claiming under Grantor.
[Signatures appear on following page. ]
[Signature page to Tunnel Access Easement Agreement I
IN WITNESS WHEREOF, the Parties have executed this Agreement as ofthe day and year first above written.
CITY
CITY OF CHICAGO, an Illinois municipal corporation Acting by and through its Department of Transportation
By:
Gia Biagi, Commissioner
Approved as to form and legality:
By:_
Department of Law
GRANTOR
600 S. WELLS (CHICAGO) 111, LLC,
a Delaware limited liability company
By:
Its:
STATE OF _ COUNTY OF
)
) ss )
I, , a notary public in and for the said County, in the State
aforesaid, DO HEREBY CERTIFY that , personally known to me to be the
, 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 acknowledged that he signed, sealed, and delivered said instrument, as his free and voluntary act and as the free and voluntary act of the Grantor, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this day of , 2020.
Notary Public
(SEAL)
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 Gia Biagi, personally known to me to be the Commissioner of the Department of Transportation of the City of Chicago, an Illinois municipal corporation, 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 the Commissioner, she signed and delivered the instrument pursuant to authority given by the City of Chicago, as her free and voluntary act and as the free and voluntary act and deed of the corporation, for the uses and purposes therein set forth.
GIVEN under my notarial seal this day of , 2020.
NOTARY PUBLIC
(SEAL)
EXHIBIT A (to Easement Agreement) PLAT OF EASEMENT
[Attached]
EXHIBIT "A"
• BOUNDARY LINE - EXISTING RIGHT-OF-WAV - EXISTING PIN LINE TRAFFIC FLO* DIRECTION
leqemd} PLAT OF EASEMENT
THAT PART OF DLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAOO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16. TOWNSHIP 39 NORTH, RANGE H EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, IN COOK COUNTY, ILLINOIS
= EASEMENT
HEREBY
GRANTED
RECORD DIMENSION = 00.00 OR (00.00) MEASURED OIMENSION 00.00 (WI OR 00.00
FOUND CROSS 3.6S'N & 5.H7W FOUND CROSS 2.10W&4.H7W FOUND CROSS 1.18'NtO.WE FOUND CROSS 1.02'N«4 3JVV
EXHIBIT "A"
•BOUNDARY LINE
EXISTING RIGHT-OF-WAY
EXISTING PIN LINE TRAFFIC FLOW DIRECTION
leqenid) PLAT OF EASEMENT
SEE SHEET 3 FOR LEGAL DESCRIPTIONS OF THE EASEMENT AREAS
= EASEMENT HEREBY GRANTED
POINT OF COMMENCEMENT ACCESS EASEMENTS "A\ 'B" AND "C"
INTERSECTION OF THE ORIGINAL 3CUTH LINE OF W HARRISON ST WrTH THE W LINE OF 9 VVELLS ST. SAID POINT BEMG 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK »8
RECORD DIMENSION = 00.00 IR) OR (00.00) MEASURED DIMENSION 00.00 IM) OR 00.00
W. HARRISON ST.
(R.O.W. WrDTH VARIES)
NORTH UNE -of lotu
POINT OF BEGINNING w , ACCESS EASEMENT "A"
* JVaCCESS EASEMENT
HEREBY GRANTED
POINT OF BEGINNING ACCESS EASEMENT "B'
SLOCK U8
SCHOOL SECTION ADDITION TO CHICAGO IN SECTION 16-3S-14 RECORDED MARCH lb. 1833 ANTE-FIRt^
N0r3V10TAf 10.00^
ACCESS EASEMENT HEREBY GRANTED
PARCEL "B" , A^«c
POINT OF BEGINNING ACC E55 ACCESS EASEMENT "B" EASEMENT
HEREBY GRANTED PARCEL"C"
S88*28'50-W 0.
N01,31'10"W10.00' POINT OF BEGINNING ACCESS EASEMENT "C"
NB8'28'S0-E 0.7S'
TRACT DECDEO TO IHE CIIY OF-CHICAGO PEH OOC. 1103231025 362.98"
A-ACCfSS EASfMFHT PAPCFL B / HEREBY GRANTED
i 24 0 CCD
189CCD 0 0 CCD
8^ 8 -20 00 CCD
/ -30.33 CCD ' ACCESS EASEMENT PARCEL 'C* HEJBBYCRAN1CO
N07-5»"17-W8.4B'
—EAST UNE OF
BLOCK U BLOCK 8B SCHOOL SECTION ADDITION TO CHICAGO IN SECTION 16-39-1-1 RECORDED MARCH 15. 1833 ANTE-FIRE
ACCESS EASEMENT HEREBY GRANTED
WEST LINE OF
BLOCK W—. .:
VlfW LOOKING SOUTHEAST
VIEW LOOKING NORTH
CDOT#16-15-20-3955 DOE
EXHIBIT "A
PLAT OF EASEMENT affected pins
ACCESS EASEMENT DESCRIPTION: " IJJ " 16" 4 0 1 ~ 008~ 0000
PARCEL "A"i
TI-'AT PART OT BLOCK 8B IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST OUARTER OF SECTION 16, TOWNSHIP 39 NORTH. RANCE H EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH IS. 1833 ANTI-FIRE OCCUMENT ANO TH.S FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICACO RIVER, ALL TAKEN AS ONE TRACT. LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF 18.9 FEE I ABOVE CHICAGO CITY DATUM. LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWSi COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WFI LS STRFFT, 5AID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAIDj THENCE SOUTH 68 OEGREES 28 MINUTES 50 SECONOS WEST, ALONG THE SOUTH LINE OF SAIO ORIGINAL WEST HARRISON STREET. 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER OOCUMENT 110323102S. SAIO POINT ALSO BEING THE POINT OF BEGINNING) THENCE CONTINUING SOUTH 01 OEGREES 31 MINUTES 10 SECONOS EAST. PERPENDICULAR TO SAID SOUTH LINE. 27.00 FEET TO A POINT ON A LINE 2T.0O FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT U03Z3IO25I THENCE SOUTH 86 DEGREES 29 UINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, H.50 FEETi THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE. 10.00 FEET TO A POINT ON A LINE 1T.00 FEET SOUTH OF ANO PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025i THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 4.50 FEETi THENCE NORTH 01 DECREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE. 17.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025) THENCE NORTH 8B DEGREES 2E UINUTES 50 SECONDS EAST. ALONG SAID SOUTH LINE. 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 5933 CUBIC FEET, MORE OR LESS
TOGETHER WITH PARCEL "B"i
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION AODITION TO CHICACO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST OUARTER OF SECTION 16. TOWNSHIP 39 NORTH, RANCE H EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDFD MARCH 15. 1833 ANTI-F1HE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTTI BRANCH OF THE CHICAGO RIVER. ALL TAKEN AS ONE TRACT. LYING ABOVE A HGHIZDNTAL PLANE HAVING AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM. LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWSi COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAIOi THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAIO 0RIC1NAL WEST HARRISON STREET, 362.98 FEETi THENCE SOUTH 01 OEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025, THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE. 2T.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE Of WEST HARRISON PER DOCUMENT 1I0323102S| THENCE SOUTH 68 DEGREES 26 MINUTES 50 SECONDS WEST. ALONG. SAIO PARALLEL LINE. 14.50 FEET TO THE POINT OF BEGINNING) THENCE CONTINUING SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAIO PARALLEL LINE, 10.00 FEET: THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST. PERPENDICULAR TO SAID SOUTH LINE. 10.00 FEET TO A POINT ON A LINE 1T.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 11O3231025) THENCE NORTH 88 OEGREES 28 MINUTES 50 SECONDS EAST. ALONG SAID PARALLEL LINE. 10.00 FEETi THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONOS EAST, PERPENDICULAR TO SAIO SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS. ABOVE DESCRIBED PARCEL CONTAINING 3182 CUBIC FEET, MORE DR LESS.
TOGETHER WITH PARCEL "C"i
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST OUARTER
OF SECTION 16, TOWNSHIP 39 NORTH, RANGE » EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15. 1833 ANTI-FIRE DOCUMENT AND
THE FILLEO OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER. ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVINC
AN ELEVATION OF -30.33 FEET BELOW- CHICAGO CITY OATUM. LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF -20.00 FEET BELOW
CHICAGO CITY DATUM ANO LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY. BOUNDED ANO DESCRIBED AS FOLLOWSi COMMENCING
AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WEU.S STREET, SAIO POINT
BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 81 AFORESAIDi THENCE SOUTH 81 DEGREES 28 MINUTES 80 SECONOS WEST, ALONG
THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEETi THENCE SOUTH 01 DECREES 31 MINUTES 10 SECONDS EAST.
PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025:
THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONOS EAST, PERPENDICULAR TO SAID SOUTH LINE. 27.00 FEET TO A POINT ON A
LINE 27.00 FEET SOUTH Of AND PARALLEL WITH THE SOUTH LINE Of WEST HARRISON PER DOCUMENT 1I0323102S| THENCE SOUTH 88 DECREES 28
MINUTES SO SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET TD THE POINT OF BEGINNING) THENCE NORTH 01 DEGREES 31 MINUTES 10
SECONDS WEST, 10.00 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREETi THENCE SOUTH 88
DECREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE. 0.75 FEtTi THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONOS WEST.
PERPENDICULAR TQ SAID SOUTH LINE, IT.00 FEEWO A POINT ON THE SOUTH LINE OF SAID WEST HARRISON STREET) THENCE NORTH 88 DEGREES
28 UINUTES 50 SECONOS CAST. ALONG SAID SOUTH UNE. 8.00 FECT, THENCE SOUTH 01 DECREES 31 MINUTES 10 SECONOS CAST, PERPENOICLTLAR.
TO SAID SOUIH LINE, 33.37 FEETi THENCE SOUTH 07 DECREES 59 MINUTES IT SECONDS EAST, 8.03 FEETi THENCE SOUTH 82 DEGREES 00
MINUTES 43 SECONOS WEST. PERPENDICULAR TO THE LAST COURSE, 8.00 FEETi THENCE NORTH 07 DECREES 59 MINUTES IT SECONDS WEST. 8.48
FEETi THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONOS WEST. PERPENDICULAR TO THE SOUTH LINE OF SAIO WEST HARRISON STREET. T.OZ
FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREET: THENCE NORTH 88 DEGREES 28 MINUTES 50
SECONOS EAST, ALONG SAIO PARALLEL LINE, 0.T5 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL
CONTAINING 3398 CUBIC FEET, MORE OR LESS.
COOK COUNTY
STATE OF ILLINOIS)
CHICAG0 Oa^TM-EXT OF FINANCE
WE. SPACECO. INC AN ILLINOIS PROFESSIONAL DESIGN FIRM. NUMBER 184-001157 DO HEREBY OECLARE THAT WE HAVE PREPARED THE PLAT HEREON DRAWN FOR THE PURPOSE OF GRANTING EASEMENTS AS SHOWN. ANO THAT THE Pl.AT IS A IS A TRUE ANO CORRECT REPRESENTATION OF SAID EASEMENTS.
ALL DIMENSIONS ARE IN FEET ANO DECIMAL PARTS THEREOF. ND DISTANCES OR ANGLES SHOWN HEREON MAY BE ASSUMED BY SCALING.
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.
GIVEN UNDER OUS HAND AND SEAL THIS 2na DAY OF NOVEMBER, 2D20 IN ROSEMONT. ILLINOIS. ,>l»lll|„
H-20-2OZ? I ill "**'0" J I
LICENSE EXPIRES! (VALID ONLY IF EMBOS:
COMPARE ALL DIMENSIONS off ORE BUILDING ANO REPORT ANY DISCREPANCIES AT ONCE. REFER Ti DEED OR TITLE POLICT FOR BUILDING LINES AM EASEMENTS.
CDOT#16-15-20-395
AFFIXED)
CHICAGO DEPARTMENT OF TRANSPORTATION SURVEYOR'S NOTESi
BASIS OF BEARINGS: TRUE NORTH BASED ON GEODETIC OBSERVATION IL EAST ZONE
PREPARED FORi
RIVER SOUTH PROPERTIES, LLC 30 S. tt ACKER DR. 24TH FLOOR CHICACO, 60606
.1. NO DIMENSIONS SHOULD DC ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT.
1. LAST DATE OF FIELD WORK: JULY 16. 2015.
5. ZONING INFORMAIION SHOWN HEREON BASED ON CHICAGO DEPARTMENT OF ZONING ON-LINE ZONING MAP ACCESSED MARCH 4, 2020. THE UNDERLYING PROPERTY IS ZONED PD-129B
SHEET 3 OF J
LAST REVISED. 10/.10/2020
EXHIBIT B (to Easement Agreement) LEGAL DESCRIPTION
OF THE TUNNEL ACCESS EASEMENT AREA
ACCESS EASEMENT DESCRIPTION: PARCEL "A":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF 18.9 FEET ABOVE CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO A POINT ON A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 4.50 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 17.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 5933 CUBIC FEET, MORE OR LESS
TOGETHER WITH PARCEL "B":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL PLANE HAVING AN ELEVATION OF 29.0 FEET ABOVE CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO A POINT ON A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 10.00 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 3182 CUBIC FEET, MORE OR LESS.
TOGETHER WITH PARCEL "C":
THAT PART OF BLOCK 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BEING A SUBDIVISION IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED MARCH 15, 1833 ANTI-FIRE DOCUMENT AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ALL TAKEN AS ONE TRACT, LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF -30.33 FEET BELOW CHICAGO CITY DATUM, LYING BELOW A HORIZONTAL
PLANE HAVING AN ELEVATION OF -20.00 FEET BELOW CHICAGO CITY DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARY PROJECTED VERTICALLY, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE ORIGINAL SOUTH LINE OF WEST HARRISON STREET WITH THE WEST LINE OF SOUTH WELLS STREET, SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK 88 AFORESAID; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG THE SOUTH LINE OF SAID ORIGINAL WEST HARRISON STREET, 362.98 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 19.00 FEET TO A POINT ON THE SOUTH LINE OF WEST HARRISON STREET PER DOCUMENT 1103231025; THENCE CONTINUING SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 27.00 FEET TO A POINT ON A LINE 27.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF WEST HARRISON PER DOCUMENT 1103231025; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 14.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, 10.00 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE SOUTH 88 DEGREES 28 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 0.75 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO SAID SOUTH LINE, 17.00 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID SOUTH LINE, 8.00 FEET; THENCE SOUTH 01 DEGREES 31 MINUTES 10 SECONDS EAST, PERPENDICULAR TO SAID SOUTH LINE, 33.57 FEET; THENCE SOUTH 07 DEGREES 59 MINUTES 17 SECONDS EAST, 8.03 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 43 SECONDS WEST, PERPENDICULAR TO THE LAST COURSE, 8.00 FEET; THENCE NORTH 07 DEGREES 59 MINUTES 17 SECONDS WEST, 8.48 FEET; THENCE NORTH 01 DEGREES 31 MINUTES 10 SECONDS WEST, PERPENDICULAR TO THE SOUTH LINE OF SAID WEST HARRISON STREET, 7.02 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID WEST HARRISON STREET; THENCE NORTH 88 DEGREES 28 MINUTES 50 SECONDS EAST, ALONG SAID PARALLEL LINE, 0.75 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL CONTAINING 3398 CUBIC FEET, MORE OR LESS.
EXHIBIT C (to Easement Agreement) LEGAL DESCRIPTION OF THE PROPERTY
that part of h.i ocx 88 i m thf school sictlltn ado i 110* to chicago, if ihe a subdivision of section is. township north, range m east of the third principal mlridian. aw mil ¦ illed old cimnnll 01 ihl souih branch of mil dhl ago rivur. all tafuen as one tract bounded amd described as follows. c4mkiicing at the intersection of the south line of west hap ft isc* street 1ith the west line of south wells street. saio point being 10.00 feet west of the northeast corner of block 88 aforesaid and running thence south 00 degrees, 01 uinutes. 3] seconds west along the wist lint or south wells street, a distance or us oo rrn,
THEfCE NORTH 89 DEGREES, 88 MINUTES. 27 SECONDS WEST ALONG A STRAIGHT LINE. A DIS1ANCL Of 220.00 FELT TO IHE POINI 01 BEGINNING FOfl IHA1 PAD I HLHLINAHIK DESCRIBED. THENCE CONTINUING NORTH 89 DECREES. SB MINUTES. Z7 SECONDS WEST ALONG SAIO STRAIGHT LINE A DISTANCE Of 242.80 F£ET TO AN INTERSECTION WITH THE EAST DOCK LINE OF THE NEW CHANNFL OF THE SOUIH BRANCH OF IHE CHICAGO RIVER. AS ESTABLISHED BY ORDINANCE PASSEO BY THE CITY COUNCIL 0* JULY 8. 1f»6; THENCE MKT 4 08 DEGREES. 19 MINUTES. 28 SECONDS 1LST ALONG SAID DOCK LINL. SAIO DOCK LINL DLIHG IILSL A LIU. WHICH IS 200.00 FEET EASTERLY FROM AMD PARALLEL 1ITHJ Tl£ EAST LINES OF LOTS 15. 17 AM) IB IN THE RAILROAD COMPAJIIES RESUBDIVISION OF PART Of THE SCHOOL SECTION ADDITION TO CHICAGO. THE PLAT OF WHICH HAS RECORDED MARCH ZS. '92* AS DOCUWHT NO 8333751. A OISTANC; OF 101.08 FEET; THENCE NORTH 07 DEGREES. V MINUTES. J7 SECONOS WEST ALONG SAID EAST DOCK LINE. A DISTANCE Or 211.fib FEET TO A POINT 1S.S8 TECT SOUTH OF THE SOUTH LINE OF WEST HARRISON STREET. THENCE SOUTH 89 DEGREES, t»4 MINUIES, IS SECONDS LAS I , PARALLEL WI1H IH- SOU IH LINE Of WtSl HAJmiSON SIHLtl, A DISTANCE OF 39.OS FEET TO AN INTERSECTION WITH A LINE WHICH IS PERPENDICULAR TO SAIO SOUTH LINE Of WEST HARRISON STREET AT A POINT 475.01 FEET (AS NEASURED ALONG THE NORTH LINE OF BLOCK B«. BEING THE SOUTH LINE OF WEST HARRISON STREET) WEST OF TI-€ NORTHEAST CORNER Of SAIO BLOCK 88: THENCE NORTH OO DEGREES. 05 NINUTES, 25 SECONDS LAST ALONG SAID PLRP1NDICULAR LINL. • DISTANCE Of 15.58 ILLI ID IHL AFORESAID POINT ONJ THE SOUTH LINE OF WEST HAH I SON STREET; THENCE SOUTH B9 DECREES. 54 MINUTES. 35 SECONDS EAST ALONG SAID SOUTH LINE OF WEST HARRISON STREET. A DISTANCE OF 245.01 FEET. ANO THENCE SOUTH 00 DEGREES 01 NINUTES. 33 SECONDS BEST ALONG A L»NE OARAl-El WITH SAID NEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 325.25 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS.
LACUMING IHLtttflOM IHL FOLLOWING:
THAT PART OF BLOCK 88 IN TIC SCHOOL SECTION ADDITION TO CHICACO. BEING A SUBDIVISION OF SECTION 18 TOWNSHIP 39 NORTH. RANGE 14 EAST DF THE THIRD PA IKCI PAL MERIDIAN, AND THE - ILLED 01.0 CHANNEL OF THE SOUTH BRANCH OF THE C4 ICAGO RIVER, ALL IAKLN AS DNL IRAL'I BOUNDED AND DLSCHIRID AS IOLLOWS; COHNLNCI NG Al IHL INILRSLC1I0N OF THE SOUTH LINE Of 1. HARRISON STREET WITH THE WEST LINE Of SOUTH WELLS STHELI SAIO POINT BEING 10 00 FEET VEST OF THE NORTHEAST CORNER OF BLOCK 88: THENCE SOUTH BB DEGREES 29 MINUTES 4S SECONOS WEST ALONG SAID SOUTH LINE DF W. HARRISON STREET A DISTANCE OF 220.00 FEET TO THE POINT OF BEG INNING; THENCE SOUTH 01 DEGREE 33 NINUTES 1B SECONDS EAST 10 00 FEET TO A LINE PARALLEL WITH AND 19.00 FEET SOUTH OF SAIO SOUIH Lilt Of W HAHRISUW SIRtbl: 1 HENCE SOUTH 8B DEGREES 29 NINUTES 4B
SECONDS WEST ALONG SAID PARALLEL LINE A DISTANCE OF 166.97 FEET; THENCE WORTH 77 OEGREES 20 UINUTES -13 SECONDS WEST A 0I5TARCE OT 70.40 TEET TO A POINT 01 SAID SOUTH 1 INF OF V HARRISON STUFF T. SAID POINT Rf I NO 47S 01 FFET NT ST FROM THF NORTHEAST CORNER OF SAID BLOCK 88; THENCE NCRIII 88 DEGREES 29 MINUTES 46 SECONDS EAST A DISTANCE Of 245 01 FEET ALONG SAID SOUTH LINE OF W. HARRISON STREET TO THE POINT Of BEGINMNC
1HAI PARI Of BLOCKS 87 AW US IN Ht SCHOOL SECTION ADDITION ID CHICACO. BEING A SUBDIVISION OF SF.CTTOW 16. TOWNSHIP 39 NORTH, RANCE 14. EAST OF THE THIRO PRINCIPAL MERIDIAN. BOUNDED AND DESCRIBED AS FOLLOWS.
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE Of WEST HARRISON STREET. NITH THE WEST LINE OT SOUTH WELLS STREET. SAID POINT DCINC 10.00 FEET WEST Cf THE NORTHEAST CORNER OF BLOCK 88, AND RUNNING THENCE SOUTH 00 DECREES 01 MINUTES 33 SECONDS WEST AIONG THr WrST UNI" Or SOUTH Wl l S STRTFT , A DlSTANCE or 325.00 rm TO A POINT Of DCGINNING OT THE LAM} HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WEST ALONG SAID WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 469,69 FEET TO THE NORTH LINE Of WEST POLK STREET. THENCE NORTH 89 DEGREES 5J MINUTES 25 SECONDS WEST ALONG SAID NORTH LINE OF WEST POLK STREET A DISTANCE OF 185.78 FFFT: THFNCr NOR'H 00 DFCREES 01 MINUIFS 3.1 SFCONOS FAST PARA1 I El WITH SAID WEST LINE OF SOUTH VELIS STREET. A DISTANCE OF 4G0.42 FEET TD AN INTERSECTION WITH a line mnm PERPENOlCUl AR TO said west line OF south wells street FROM THE AFORE DESCRIBED POINT OF BEGINNJi NGr THENCE SOUTH 88 OEGREES 58 WINUTES 27 SECONDS EAST ALONG SAL) LAS I DESCRIBED PERPENDICULAR LINE, A D" STANCE Of 185. )U fLLI 10 IHL POINI 04 BEGINNING, IN COOK CCUNIY. ILLINOIS (LXCLPIING IHEREFROM IHL FOLLOWING DESCRIBED LAND:
THAT PART OF BLOCK 87 IN THE SCHOOL SECTION ADDITION TO CHICACO. BEING A SUBDIVISION or SECTION 16, TOWNSHIP 39 NORTH. RANGE 14, EAST Of THE THIRO PRINCIPAL MERIDIAN. BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SOUTH WELLS STREET ANO THE NORTH LINE OF WEST POLK STREET; I HENCE NORTH 89 OEGREES £3 MINUTES 25 SECONDS WEST. ALONG THF NORTH I INF OF SAID WEST PM K SIRFFT. IfiS.OO FFFT TO A POINT ON A I INF 165 00 FEET WEST OF AM) PARALLEL WITH THE BEST LINE OF SAID SOUTH WELLS STREET; THENCE NORTH 00 DFGnrrS 01 MINUTES 33 SFCONOS FAST, AIONG SAID PARAl IFl I INF 290.76 FFFT: THFNCF SOUIH Rl DFfiRF FS Sfl MINUIFS H SFCONOS FAST. PERPEND ICIJI AR TO THF I AST COURSE. A UlSIANCt Uf 16b. OU fttl 10 A PUINI UN IHE WtSl LINE Of SAID SOUIH WELLS STREET. THENCE SOUTH 00 DEGREES 01 Ml MITES 33 SECONDS WEST. ALONG SAID WEST LINE, 291.00 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS),
THAT PART OF BLOCK 87 IN THE SCHOOL SECTION ADDITION TO CHICAGO. BEING A SUBDIVISION OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL NERIOI AN AND THE FILLED OLD CHANNEL OF THE SOUTH BRANCH OF THE CHICAGO RIVER. AIL TAKEN AS ONE TRACT. BOUNDARY AND DESCRIBED AS FOLLOWS:
BEGINNING Al IHL I Nil RSECT ION 01 r Ml WES I I.INI Or SOUTH Wri.l.S STRI t T AW Till NORTH I INI 01 WISI POLK SIRITI; Till NCI NCfilH 89 DIGRIfS S3 MINIMIS 25 SECOND!! WIST AIONG THE NORTH LINE Or SAID WC5T POLK STREET, 165.00 TEET TO A POINT ON A LINE 165 OO FEET WEST Or AND PARALLEL WITH THE WEST LINE Or 5AID SOUTH MTLL3 STREET. TIICNCE NORTH 00 DECREES 01 WINUTES 33 SECONDS EAST. ALONG SAID PARALLEL LINE 290.76 FEET: THENCE SOUTH 09 DECREES 50 UINUTES 27 SECONDS EAST, PERPENDICULAR TO THE LAST C0UR5I , A DISIANCl Df 165 . DO IEI1 10 A POINI ON Illi WISI LINL Cl SAIO SOU III BINS STREET. HI.NCL SOUTH 00 DECKELS 01 MINUTES 33 SECONDS WCSI , ALONG SAID WEST L I NI
291 oo Fter ro the point or beginning, in cook county, Illinois.
THAT PART OF BLOCKS 8/ AW 88 IN THE SOUTH SECTION ADDITION TO CHICAGO. BEING A SUBDIVISION DF SFCTION Id. TOWNSH P 39 NORTH. RANGE 14 FAST OF THF THIRD PRIHCIPAt MERIDIAN AND HIT I III.ID Ol 0 CHANNI I DF Till SOUTH BRAN"!! Of IHT nillfATO HIVIR. All TAKEN AS ONE TRACT. BOUNDED AND DESCRIBED AS FOLLOWS;
CnWIfNCING AT THF INTFRSFTTION OF THF SOUTH L INF OF W HARRISON STRFT T, WITH THF WEST LINE OF SOUTH WELLS STREET. SAID POINT BEING 10.00 FEET WEST OF THE NORTHEAST CORNER OF BLOCK B9. AM) RINGING THENCE SOUTH 00 DECREES 01 U NUTES 33 SECONDS WEST ALONG THE WEST LINE Of SOUTH WELLS STREET. A DISTANCE OF 325 DO FEET TO THE POINT Of BEGINNING TOR IHAI PARI HLRLINAf ItR DESCRIBED; 1 HENCE CONTINUING SOUIH DO OEGREES 01 Ni MUTES 33 SECONDS WEST ALONG SAIO WEST LINE OF SOUTH WELLS STREET, A OISTANCF DF 469 1,9 TIM TO THF NDRIH I INT OT WTST POI K STAFF7 ¦ THENCT NORTH 09 OtGREES S3 NINU1ES 25 SLCOHDS WEST ALONG SAIO NOR Hi LI Nt DF WES 1 POLK SIRLLf 393 51 FEET TO THE DOCK LINE OF THE NEW CHANNEL OF THE SOUTH BRANCH OF THE CHICACD R VER. AS ESTABLISHED BV ORDINANCE PASSED BY THE CITY COUNCIL Ofl JULY 8. 1»2«; THENCE NORTH B DEGREES 2« NINUTES 02 SECONDS WEST ALONG SAIO LAST DOCK LINE, BEINS A LINE WHICH IS 200 00 FEET EASTERLY FRON AND PARALLEL WITH THE EAST LINES OF LOIS IS. 17 AND 18 IN THE RAILROAD COMPANY'S RESUBO'VISION OF PART DF THE SCHOOL SECTION ADDITION TO CHICAGO. THE PLAT OF WHICH OF WHICH WAS RECORDED MARCH 29 1924 AS OCCtMENr NO 8339731. A DISTANCE DF 318 26 FEET ¦ THENCE NORTH 8 DEGREES 19 MINUTES 28 SECONOS WEST. CONTINUING ALONG SAID EAST DOCK LINE. A DISTANCE OF 154,95 FEET TO AN INTERSECTION WITH A LINE WHICH IS PERPENDICULAR TO SAID WEST LINE OF SOUTH WELLS STREET AT SAID POINT WHICH IS 325.00 FEET SOUTH OF THE SOUTH LINE Of WEST HARRISON STREET, AND THFNCF SOUTH 89 DFIWTS 68 MINUTFS ?? SFCSNDS FAST AIONG SAID PLRPEHDICULAH LINL. A DISIANCL Oh 4J32.80 FLLI 10 IHL POINI Of III GINNING, IN CDOK COUNTY, ILLINOIS
rXTTPTING TlirRFFROM TINT TOII OWING
THAT PART OF BLOCKS 8/ AND 88 IN THE SCHOOL SECTION ADDITION TO CHICAGO, BE INC A SUBDIVISION Dl StLIIUN IB TOWNSHIP 39 NORTH. RANGE 14 EASI Of IHL IHIR1> PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AI IHt INIERSLC1 ION 01- IKE SDU1H LINL Of WESI HARRISON SIRttl.WIIH IHE WEST LINE OF SOUTH WELLS STREET. SAID POINT BEING 10.00 FEET WEST Of THE NORTHEAST CORNER OF BLOCK 88. AND RUNNING THENCE SOUTH 00 DEGREES 01 MINUTES 33 SECONDS WEST ALONG THE WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 325.00 FEET TO A POINT Of BEGIMIC OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 3-J SECONDS KSI ALONG SAID WEST LINE Of SOUTH WELLS STREET. A DISTANCE OF 469,£9 FFFI TO THF NORTH I I NF OF WTST POIK STREET: THFNCF NORTH 89 DECREES S3 MINUTES M SECONDS WEST ALONG SAID NORTH LIME OF WEST POLK STREET A DISTANCE OF 185, ?8 FEET, THENCE NORTH 00 DEGREES 01 MINUTES 33 SECONDS EAST PARALLEL WITH SAIO WEST LINE OF SOUTH WELLS STREET. A DISTANCE OF 489.42 FEET TO AN INTERSECTION WITH A LINE DRAWN PERPENDICULAR TO SAID WEST LINE OF SOUTH WELLS STREET FROM THE AFORE DESCRIBED PO'NT CF BEGINNING; THENCE SOUTH 89 DEGREES 56 NINUTES 27 SECONDS EAST ALONG SA;U IAS I DLSCHI3LD PLRPLNUICULAH LINL. A DISTANCE Of 18S.70 FLLI TO IHE PUINI OE BtG .MNINi; IN C0C41 CDUNIY ILL NOIS.
PIN. 17-16-401-008-0000 (Affects Die fore«oiiiB described property and olher propertVl Address IV5 W HARRISON ST. Chicago. Illinois, fiOfiOS
PIN. 17-16-401-020-nOOO
P.I.N. 17-16-401-1)21-0000
P.I N.: I7-I6-40I-0I9-0OUO
Address: 726 S WELLS ST, Chicago. Illinois 60654
ANNUAL REPORT (1st PAGE)
A copy of the entire annual report is on file with the City's Law Department.
Lend lease Group 2020 Annual Report
Lendlease Group today announced its results for the year ended 30 June 2020. Attached is the 2020 Annual Report, including:
Directors' Report
> Remuneration Report
Financial Statements
ENDS
FOR FURTHER INFORMATION, PLEASE CONTACT:
Investors: Media:
Justin McCarthy Stephen Ellaway
Mob: +61 422 800 321 Mob: +61 417 851 287
Authorised for lodgement by the Lendlease Group Disclosure Committee
ni 600 S. WELLS (CHICAGO) III, LLC
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: 600 S. Wells (Chicago) III, LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
r£] the Applicant
OR
Q 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 of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party: 30 S. Wacker Dr. Floor 24
Chicago, IL 60606
Telephone: 312-368-4092 Fax: Email: elizabeth.butlcr@us.dlapiper.com
Name of contact person: Liz Butler - DLA Piper LLP
Federal Employer Identification No. (ifyou have one): j
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification // and Contract #
Vcr.20IX-| Page 1 IS
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature of the Disclosing Party:
Person Q Limited liability company
Publicly registered business corporation Limited liability partnership
Privately held business corporation Q Joint venture
Sole proprietorship Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership Yes [ |No
Trust Q Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Delaware
3. For legal entities not organized in the State of Illinois: Has the organization registered to do
business in the State of Illinois as a foreign entity?
Yes fjNo Q 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
River South Properties, LLC Manager
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 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
See attached addendum
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 |~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? Q Yes 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 ofthe 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 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[] Yes [t] 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 ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. Ifthe 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 15
ATTACHMENT TO
EDS SECTION
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) III. LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24th Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9lh Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
*Thc shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and are traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to HDS Rule l(i).
EASTU 77240653.1
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.
DLA Piper LLP (US) (retained) 444 W. Lake, Suite 900, Chicago, iL 60606 Attorney $5,000 (est.)
SpaceCo (retained) 9575 W Higgins Rd Suite 700, Rosemont, IL 60018 Civil Engineer $1,500 (est.)
(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 [x]No person directly or indirectly owns 10% or more ofthe Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
? Yes [] No
FURTHER CERTIFICATIONS
[This paragraph I 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 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, properly taxes and sales taxes, nor is the Disclosing Party delinquent in the payment ofany tax administered by the Illinois Department of Revenue.
Page 4 ol' 15
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 KDS:
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 guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity lo do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant lo the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
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)(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 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
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. Ifthe Disclosing Party is unable to certify lo any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
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 the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
None
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available lo City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
? is [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 of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand lhat 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."
Page 7 of 15
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):
Ifthe 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?
QYes f£]No
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou 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 of this Part D.
Does the Matter involve a City Property Sale?
? Yes {Z\No
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.
Page 8 of 15
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If Ihe 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.
Ixll. 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.
The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, 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( 1) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee ofany agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Vcr.2018-1 Page1) of 15
of a member of Congress, in connection with the award ofany 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 ofthe statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) 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.
Ifthe 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
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
? Yes ? No
If "Yes," answer the three questions below:
? No
1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[JYes
2. 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?
3. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
? Yes ? No
Ifyou checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 of 15
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 ofany 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 al 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 this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 ofl5
CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this HDS, 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 of the date furnished to the City.
600 S. Wells (Chicago) 111, LLC
3y: River South Properties, LLC, its managing member Lendlease Development Inc., its managing member (Print or .type-exact legakfiame of Disclosing Party)
(Print or type name of person signing) President
(Print or type title of person signing)
Signed and sworn to before me on (date) November25-2020
at County, (state).
Notary Public
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 LI.B.l.a., ifthe 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, ifthe 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?
? Yes ? 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 to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
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.
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?
QYes QNo
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?
[ | Yes ? No [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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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.comV generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 certi fy that the Applicant is in compliance with MCC Section 2-92-385(b)(1) 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.
Yes
No
U N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(1). If you checked "no" to the above, please explain.
Page 15 of 15
RIVER SOUTH PROPERTIES, LLC
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: River South Properties, LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
U the Applicant
OR
[J 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: 600 S. WELLS (CHICAGO) III, LLC
OR
[] 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:
B. Business address of the Disclosing Party: 30 South Wacker Dr., 24th Floor
Chicago, IL 60606
Telephone: 312-368-4092 Fax: Email: elizaheth.butler@us.dlapiper.com
Name of contact person: Liz Butler - DLA Piper LLP
Federal Employer Identification No. (ifyou have one):
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # Ver.2018-1
and Contract #
Page I of 15
SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
| | Limited liability partnership | [ Joint venture | [ Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))?
? Yes QNo | | Other (please specify)
1. Indicate the nature of the Disclosing Party: Person
Publicly registered business corporation Privately held business corporation Sole proprietorship General partnership Limited partnership Trust
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Delaware
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
| [ Yes 0No ?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 ofthe Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Lendlease Development Inc. Manager
2. Please provide the following infonnation 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, slate "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
See attached addendum
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? [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? rj Yes [xj 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:
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 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party?
Q Yes [j No
If "yes," please identify below the namc(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. Ifthe 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 ofl5
ATTACHMENT TO
EDS SECTION 11(B)(2)
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) III, LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24th Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9,h Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
*The shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and are traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to EDS Rule 1 (i).
EAS'P.177240653 I
Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Parly (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)
[x~| Check here ifthe 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?
| | Yes QT| No UJ No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[] Yes [] No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only ifthe 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 ofany 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 ofany fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited lo, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment ofany tax administered by the Illinois Department of Revenue.
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 of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Parly, 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 5ofl 5
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 of the City, the State of Illinois, or any agency ofthe federal government or ofany 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 Slates 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] 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 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 ofthe City, use any such
Ver.20IS-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. Ifthe Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Parly must explain below:
None
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 the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
None
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
rj is [J is not
a "financial institution" as defined in MCC Section 2-32-455(b).
Ifthe 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 of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. Wc understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
Page 7 of 15
Ifthe 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):
Ifthe 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.
J. 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?
QYes [JNo
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou 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 empjoyee 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 ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
? Yes ? No
Ifyou checked "Yes" to Item D(l), provide the names and business addresses ofthe 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.
Page 8 of 15
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.
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.
L_J2. 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: Ifthe Matter is federally funded, complete this Section VI. Ifthe Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or ifthe letters'"N A" or ifthe 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 ofthe Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay
any person or entity listed in paragraph A( 1) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee ofany agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.2018-1 Page 9 of 15
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( 1) 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.
Ifthe 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
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes [J No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
Yes ? No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
| j Yes [J No UJReports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes ? No
If you checked "No" to question (1) or (2) above, please provide an explanation:
Ver.201 8-1
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 ofany 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.orR/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 City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided 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 this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 ofl5
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 of the date furnished to the City.
River South Properties, LLC
(Print or type name of person signing)
Lendlease Development Inc, its managing member_ (Print or type exact lcaal name of Disclosing Party)
_President
(Print or type title of person signing)
Signed and sworn to before me on (date)
County,
Notary Public
Commission expires:
Page 12 of 15
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. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
? Yes [J No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of IS
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.
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?
QYes [JNo
Ifthe 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 f£] The Applicant is not publicly traded on any exchange.
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 15
CfTY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.comV generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 that 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.
[] Yes
? No
U N/A -1 am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 of 15
#3 LENDLEASE DEVELOPMENT INC.
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: Lendlease Development Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
U the Applicant
OR
[J 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: 600 S. WELLS (CHICAGO) III, LLC
OR
[] 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:
B. Business address of the Disclosing Party: 200 Park Avenue, 9th Floor
New York, NY 10166
Telephone: 312-368-4092 Fax: Email:elizabeth.butler@us.dlapiper.com
Name of contact person: Liz Butler - DLA Piper LLP
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):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
SECTION II -
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Person
Publicly registered business corporation
Privately held business corporation
Sole proprietorship
General partnership
Limited partnership
Trust
| | Limited liability company
| | Limited liability partnership
| [ Joint venture
[ | Not-for-profit corporation
(Is the not-for-profit corporation also a 501 (c)(3))?
? Yes ' ?No | | Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Delaware
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ | Yes QT] No ?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
See attachment.
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 15
Attachment to Section II.B.1 - Officers and Directors for Lendlease Development Inc.
Lendlease Development Inc.
TtttoML^ . .r,,." ^'™^}^^
Alderman, Jason Director
Biancucci, Mark Director
Walsh, Paul Director
Alderman, Jason President and Managing Director
Anderson, Bruce Executive Vice President
Biancucci. Mark CFO
Burch. Melissa Executive Vice President
Byrne, Benjamin Vice President
Donohoe,John Treasurer
Heanng, Arden Executive Vice President
Ischn. Nicolas Senior Vice President
Jackson, Mitchell Vice President
Katzenbcrger. Daniel Senior Vice President
Kiggins. Jessica Vice President
Kravetz, Gary Secretary
Kravelz, Gary Senior Vice Presidenl
Lovett. Ryan Vice Presidenl
Ley. Warren Vice President
Maraia, Joseph Executive Vice President
Reardun. Brian Vice President
Sainl Germain. Laurence Vice President
Sicgal, Peter Senior Vice President
Stutman, Scott Senior Vice President
Thakral. Samidha Vice President
Tunlli. Paul Vice President
Walsh, Scoit Vice President
Weldon. Theodore 111 Executive Vice President
Young. Erica Asst Secretary
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
See attached addendum
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 [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 [xj 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:
Does 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 defined in
Chapter 2-156 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party?
? Yes g 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 ofthe 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 Parly must cither ask the City whether disclosure is required or make the disclosure.
Page 3 of"15
ATTACHMENT TO
EDS SECTION 11(B)(2)
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) HI. LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24lh Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9,h Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9lh Floor New York, NY 10166 100%o Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100%o Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100%o Indirect Interest
*The shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and are traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to EDS Rule l(i).
HAST-.! 77240653 I
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
|~x] 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?
| | Yes [Tj No UJ 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?
[J Yes [] No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only ifthe 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 ofany 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 ofany 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 15
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 of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, dr 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 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
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 ofany 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 ofany 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 lo 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.201 S-l Page 6 of 15
cpntractor/subcontractor that docs not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
II. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
Ifthe 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 the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").
None
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name ofthe City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
| | is [x~| is not
a "financial institution" as defined in MCC Section 2-32-455(b).
Ifthe 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 of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand lhat 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."
Paac7 ofl5
Ifthe 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):
Ifthe 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 ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
Yes ? No
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Ttems D(2) and D(3). Ifyou checked "No" to Item D( I), 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 ofany other person or entity in the purchase ofany 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 ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
Yes \Z\No
Ifyou checked "Yes" to Item 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 Matter will be acquired by any City official or employee.
Page 8 oi l 5
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.
illi. 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.
LJ2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
I. 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 Parly with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or ifthe 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 ofany agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Vor.20!X-l Page 9 of 15
of a member of Congress, in connection with the award ofany 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 ofthe statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) 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
Ifthe 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.
? No
Is the Disclosing Party the Applicant?
QYes
If "Yes," answer the three questions below:
? No
1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
? Yes
2. 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?
3. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
? Yes ? No
If you'checked "No" to question (1) or (2) above, please provide an explanation:
Piigc 10 ofl 5
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 ofany 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.
Ifthe 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 City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided 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 this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 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 of the date furnished to the City.
Lendlease Development Inc.
exact legal name of Disclosing Party) By:
(Print or type name of person signing)
President
(Print or type title of person signing)
Signed and sworn to before me on (date) November 25,2020
at County, (state).
Notary Public
Commission expires:
Page 12 of 15
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 ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section 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 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.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
Yes Q No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
dppiiuduie - uibuiubiny rdiiy is nui uie /Appnudin diiu uniy nab dii iliuileoi uwlieibNip inieiebl in me Mppuudiu.
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.
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 [~| No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
| | Yes rjj No The Applicant is not publicly traded on any exchange.
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 15
CITY OF CHICACO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.com' ), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 that the Applicant is in compliance with MCC Section 2-92-385(b)(1) 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.
[J Yes
? No
|"^~| N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 of 15
LENDLEASE AMERICAS INC.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Lendlease Americas Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
1. 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: 600 S. WELLS (CHICAGO) III, LLC
OR
[] 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:
B. Business address of the Disclosing Party: 200 Park Avenue, 9th Floor
New York, NY 10166
Telephone: 312-368-4092 Fax: Email:elizabeth.butlcr@us.dlapipcr.com
Name of contact person: Liz Butler - DLA Piper LLP
Federal Employer Identification No. (ifyou have one):
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Vcr.2018-1 Page I of 15
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Person
Publicly registered business corporation
Privately held business corporation
Sole proprietorship
General partnership
Limited partnership
Trust
| | Limited liability company
| | Limited liability partnership
| [ Joint venture
| | Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
? Yes ? No ? Other (pi ease specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Delaware
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ | Yes [YJNo | [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
See attachment.
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 ofl5
Attachment to Section II.B.1
Officers and Directors of Lendlease Americas Inc.
Titlef^-V:'
Ambler, Bruce Jr. Director Director
Mickey, Denis Director Director
Walsh, Paul Director Director
Alderman. Jason Executive Vice President Officer
Ambler, Bruce Jr. Executive Vice President Officer
Bedell, Faye Vice President Officer
Benjamin, Cory Asst Secretary Officer
Boulden, Laurie A. Vice President Officer
Campbell, Peter Executive Vice President Officer
Campbell, Peter General Counsel Officer
Campbell, Peter Secretary Officer
Chung, Howard Vice President Officer
Costello, Mary Senior Vice President Officer
Donohoe, John Treasurer Officer
Exley, Meryl Large Vice President Officer
Farino^Carolyn Vice President Officer
Fix, Meridith Senior Vice President Officer
Fratianni, Michael Executive Vice President Officer
Giordano, Thomas V. Senior Vice President Officer
Hadley, P. Jason Vice President Officer
Hester, Teena Senior Vice President Officer
Hickey, Denis CEO Officer
Hoffman, Peter Vice President Officer
Hoover, Glen Vice President Officer
Jackson, Mitchell Vice President Officer
Johnston, Claire Executive Vice President Officer
Kern, Justin Vice President Officer
Kiggins, Jessica Vice President Officer
Kravetz, Gary Senior Vice President Officer
Lanza, Peter Senior Vice President Officer
Lucey, Petula Vice President Officer
Magri, Joseph Senior Vice President Officer
Mull, Kenneth Vice President Officer
Nyland, Vickie Senior Vice President Officer
Polkow, Eric Vice President Officer
Quagliano, Adam Vice President Officer
Rigden, David Vice President Officer
Roumbanis, Michael Vice President Officer
Serafino, Michael Senior Vice President Officer
Stegall, Charles Senior Vice President Officer
Walsh, Paul CFO Officer
Williams, Tolliver Senior Vice President Officer
Young, Erica Asst Secretary Officer
Zehner, Lori B. Vice President Officer
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
See attached addendum
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 [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? Qj Yes [~xj 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:
Does 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 defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
? Yes Q] No
If "yes," please identify below the namc(s) of such City elected official(s) and/or spouse(s)/domestic partncr(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 ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who arc 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 ofl5
ATTACHMENT TO
EDS SECTION 11(B)(2)
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) III. LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24th Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
*The shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and arc traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to EDS Rule l(i).
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
[x] Check here ifthe 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?
| | Yes QT] No QJ No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[] Yes [] No
FURTHER CERTIFICATIONS
[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 ofany 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 ofany 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 ofany tax administered by the Illinois Department of Revenue.
Page 4 of 15
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, slate or local unit of government;
have not, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in 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
c. 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe 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 ori5
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 of the federal government or ofany state or local government in the United Stales 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 ofthe United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on 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 lo 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
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. Ifthe Disclosing Party is unable lo certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
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 the 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-mohth 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").
None
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-monlh period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name of the City recipient.
None ¦
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
? is ? is not
a "financial institution" as defined in 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 of our 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 Ihe loss ofthe privilege of doing business with the City."
Page 7 of 15
Ifthe 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 ofthe 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 ofany other person or entity in the Matter?
Yes [£] No
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou 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 ofany other person or entity in the purchase ofany property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
Yes ? No
If you checked "Yes" to Item D(l), provide the names and business addresses ofthe City officials or employees having such 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.
Page 8 of 15
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. Ifthe 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 11. 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.
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. Ifthe Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, 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 ifthe 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 Parly 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 inlluence an officer or employee ofany agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.201 S-l Page 9 ol" 15
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 ofthe statements and infonnation 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 Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A( l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes ? No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
Yes ? No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
| [ Yes Qj No QjReports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes ? No
Ifyou checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 of 15
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.citvofchicago.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 City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided 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 infonnation 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. Ifthe Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 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 taie, accurate and complete as ofthe date furnished to the City.
Lendlease Americas Inc. (Print or
Denis Hickey
(Print or type name of person signing)
type exact legal name of Disclosing Party)
CEO
(Print or type title of person signing)
Signed and sworn to before me on (date) November 25,2020
County,
Notary Public
Commission expires:
Page 12 of 15
inoi appncaDie - uisciosing rany is not tne Applicant ana oniy nas an inaireci ownersnip interest in tne applicant.
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 (I) all executive officers ofthe Disclosing Party listed in Section IT.B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% 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 Parly or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
Q]Yes QNo
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
not appncarjie - uisciosing rany is noi ine Applicant ana oniy nas an inairect ownersnip inieresi in me Applicant.
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.
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?
Q] Yes Q No
Ifthe 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?
Q] Yes Qj No Q] The Applicant is not publicly traded on any exchange.
If yes to (I) 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.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.com ). generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 that the Applicant is in compliance with MCC Section 2-92-385(b)(1) 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.
[] Yes
? No
rj[ N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 of 15
LENDLEASE AMERICAS HOLDINGS INC.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Lendlease Americas Holdings Inc.
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
Q the Applicant
OR
Q] 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: 600 S. WELLS (CHICAGO) III, LLC
OR ,
[] 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:
B. Business address of the Disclosing Party: 200 Park Avenue, 9"1 Floor
New York, NY 10166
Telephone: ^ 12-368-4092 pax: Email: elizabeth.butlcr@us.dlapiper.com
Name of contact person: Liz Butler - DLA Piper LLP
Federal Employer Identification No. (ifyou have one):
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification #
Ver.201 S-l
and Contract //
Page I of 15
- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
Person
Publicly registered business corporation
Privately held business corporation
Sole proprietorship
General partnership
Limited partnership
Trust
| | Limited liability company | | Limited liability partnership | | Joint venture | | Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))?
? Yes QNo [ [ Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Delaware
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
| | Yes [x] No ? 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
See attached.
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 15
Attachment to Section II.B.l Officers and Directors for Lendlease Americas Holdings Inc.
Name
Bruce Ambler Peter Campbell John Donohoe Teena Hester Denis Hickey Mitchell Jackson Jessica Kiggins Peter Lanza Paul Walsh Erica Young
Title
Director
General Counsel/Secretary Treasurer
Senior Vice President CEO and Director Vice President Vice President Senior Vice President CFO and Director Assistant Secretary
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
See attached addendum
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? Q] 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? j~] Yes [xj 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 Q] 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 3ofl5
ATTACHMENT TO
EDS SECTION 11(B)(2)
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) III. LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24th Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9lh Floor New York, NY 10166 100% Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100%o Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100%o Indirect Interest
*The shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and are traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to EDS Rule ](i).
P.AST\ 17724065.1 1
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
[x"| 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?
Yes [7] No []No person directly or indirectly owns 10%> or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
Yes [] No
FURTHER CERTIFICATIONS
[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 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 15
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 of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same'management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant lo the direct ion or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of 15
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 of the City, the State of Illinois, or any agency of the federal government or ofany 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 lo those in Certifications (2) and (9) above and will not, without the prior written consent ofthe City, use any such
Vcr.2018-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. Ifthe Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
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 the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
None
13. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name of the City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
rj is (Tj 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 of our 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."
Page 7 ol lS
Ifthe 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):
Ifthe 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?
QYes QNo
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou 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 ofany property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
? Yes \3No
Ifyou checked "Yes" to Item D(l), provide the names and business addresses ofthe 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.
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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.
ru. 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.
I 12. 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: Ifthe Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, 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 behal f 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( I) above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee ofany 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 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) 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.
Ifthe 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
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes ? No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[JYes ? 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 U No rjReports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes ? No
Ifyou checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 oi 15
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 ofany 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 ofany 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 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 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. Ifthe Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 ofl 5!
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.
Lendlease Americas Inc. (Print or
By:
type exact legal name of Disclosing Party)
Denis Hickey v—¦
(Print or type name of person signing)
_CEO
(Print or type title of person signing)
Signed and sworn to before me on (date) November 25,2020
at County, (state).
Notary Public
Commission expires: "
Page 12 of 15
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 ofthe Disclosing Party listed in Section II. B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe 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?
[JYes [JNo
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
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.
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?
" [J Yes Q No
Ifthe 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 [J No [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.
Page 14 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.com ), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 that 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.
[J Yes
? No
Qj N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 ofl 5
LENDLEASE INTERNATIONAL PTY LIMITED (AUSTRALIA)
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable: Lendlease International Pty Limited (Australia)
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
U the Applicant
OR
Q] 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: 600 S. WELLS (CHICAGO) III, LLC
OR
[] a legal entity with a direct or indirect right of control ofthe Applicant (see Section 11(B)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
Level 14, Tower Three, International Towers Sydney
B. Business address ofthe Disclosing Party: Exchange Place, 300 Barangaroo Avenue
Barangaroo NSW 2000
Telephone: 312-368-4092 Fax: Email: clizabeth.butler@us.dlapiper.com
Name of contact person: Liz Butler - DLA Piper LLP
Federal Employer Identification No. (ifyou have one): N/A
Brief description ofthe Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Approval of access easement agreement for the property generally located at 223-313 W. Harrison
G. Which City agency or department is requesting this EDS? CDOT
Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification // Ver.2018-1
and Contract #
Page 1 «f15
SECTION II » DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY 1. Indicate the nature ofthe Disclosing Party:
Person U Limited liability company
Publicly registered business corporation Limited liability partnership
Privately held business corporation [J Joint venture
Sole proprietorship QJ Not-for-profit corporation
General partnership (Is the not-for-profit corporation also a 501(c)(3))?
Limited partnership Q Yes Q No
Trust Q] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Australia
3. For legal entities not organized in the State of Illinois: Has the organization registered to do
business in the State of Illinois as a foreign entity?
| | Yes [x] No U 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 N Title
see attached Annexure A
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
See attached addendum.
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? U 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? jj Yes [x] No
If "yes" to either of the above, please identify below the namc(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 ofthe 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 ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. Ifthe 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.
Rage 3 of 15
ATTACHMENT TO
EDS SECTION 11(B)(2)
OWNERSHIP INTERESTS IN 600 S. WELLS (CHICAGO) III, LLC
Name Address Percentage Interest in
Applicant
River South Properties, LLC 30 South Wacker Dr. 24th Floor Chicago, IL 60606 100% Direct Interest
Lendlease Development Inc. 200 Park Avenue, 9lh Floor New York, NY 10166 100% Indirect Interest
Lendlease Americas Inc. 200 Park Avenue, 9,h Floor New York, NY 10166 100%o Indirect Interest
Lendlease Americas Holdings Inc. 200 Park Avenue, 9th Floor New York, NY 10166 100% Indirect Interest
Lendlease International Pty Limited (Australia) Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
Lendlease Corporation Limited * Level 14, Tower Three, International Towers Sydney Exchange Place, 300 Barangaroo Avenue Barangaroo NSW 2000 100% Indirect Interest
*The shares of Lendlease Corporation Limited of Australia are combined as stapled securities with the units in Lendlease Trust and are traded as one security under the name of Lendlease Group on the Australian Securities Exchange, and is therefore exempt from providing an EDS form pursuant to EDS Rule l(i).
I-ASTM 77240653 I
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE: "
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
[x~| 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?
| | Yes |~xj No Q] No person directly or indirectly owns 10% or more ofthe Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[JYes QNo
FURTHER CERTIFICATIONS
[This paragraph 1 applies only ifthe 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 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 ofany lax administered by the Illinois Department of Revenue.
Page 4 of 15
The Disclosing Party and, ifthe 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 of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in 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 Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee 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").
Page 5 of 15
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 lo 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 ofthe federal government or ofany 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] 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 lo be hired in connection with the Mailer 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.201 8-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. Ifthe Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
None
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 the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").
None
13. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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 list the name ofthe City recipient.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
J is [x] is not
a "financial institution" as defined in MCC Section 2-32-455(b).
Ifthe 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 of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. Wc 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."
Page 7 of 15
Tf 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):
Ifthe 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? .
QYes |JNo
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou checked "No" to Item D(I), 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 ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
? Yes ? No
Ifyou checked "Yes" to Item 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 Matter will be acquired by any City official or employee.
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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 11. 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.
I I 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 Parly 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: Ifthe Matter is federally funded, complete this Section VI. Ifthe Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, 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 ifthe 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 ofany agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.2018-1 Page 9 of 15
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 ofthe statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) 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.
Ifthe 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 lo the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
Yes ? No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[JYes ? 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 Qj No J [Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
Yes ? No
If you checked "No" to question (1) or (2) above, please provide an explanation:
Page 10 of 15
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 ofany 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 ofany 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. '
Ifthe 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 City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided 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 this EDS and also authorizes the City to verify the accuracy ofany 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. Ifthe Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to 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 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.
Lendlease International Pty Limited (Australia) (Print or type exact legal name of Disclosing Party)
By: _
(Sign here)
Susan Ann Westlake (Print or type name of person signing)
Company Secretary and Group Legal Counsel (Print or type title of person signing)
Notary Public
Commission expires:
Page 12 of 15
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. I.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5% 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?
[JYes QNo
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Page 13 of 15
i>jul djjpit^riuit; - ui^oiubii ly rdiiy ii> nui u ic n\jy\t^a\H diiu unty uas ctn niuiieui uwnei bi up iiueiebi tn u m Mppiiodi il.
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.
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?
QJ Yes r-j No
Ifthe 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 Qj No |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.
Page 14 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amleual.com ), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the 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 that 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.
Yes
No
U N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
Page 15 of 15
"Annexure A" to EDS for Lendlease International Pty Limited - Section II.B.l dated 27 November 2020
Name Title
Paul James Hooper Director, Group Head of Tax and Special Projects
Frank Robert Knle ' Director, Acting Group CFO
Simon Gerrard Benson Director, Group Financial Controller
Michael Larkin Group Treasurer
Susie Westlake Company Secretary and Group Legal Counsel
Lendlease International Pty Limited (LLI) is the direct owner of all ultimate parent entities in each Region in which Lendlease operates. As an Australian legal entity, LLI does not have traditional executive officer roles as found in legal entities in the United States.
Susan Ann Westlake
Company Secretary, Lendlease International Pty Limited 27 November 2020