OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
MAYOR
January 27, 2021
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Planning and Development, I transmit herewith an ordinance authorizing a Class 7B tax status for property located at 1534 South Western Avenue.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Section 6(a), Article VII of the 1970 Constitution of the State of Illinois authorized to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Tax Incentive Ordinance, Classification System for Assessment, as amended from time to time (the "County Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County, Illinois and which is used primarily for industrial or commercial purposes; and
WHEREAS, the City, consistent with the County Ordinance, desires to induce industrial and commercial development to locate and expand in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, pursuant to an ordinance adopted on February 5, 1998 by the City Council of the City ("City Council"), the City established the "Western/Ogden Redevelopment Project Area" in accordance with the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., finding, among other things, that the Western/Ogden Redevelopment Project Area is a depressed area; and
WHEREAS, certain real estate generally located at 1534-38 South Western Avenue in the City, as more precisely described on Exhibit A attached hereto and hereby made a part hereof (the "Project Site"), is located within the boundaries of Western/Ogden Redevelopment Area; and
WHEREAS, RM 1534 S. Western, LLC, an Illinois limited liability company ("Applicant"), proposes to rehabilitate the approximately 65,000 square foot Project Site and redevelop it into multi-use commercial space including restaurant-brewery, commercial office space and retail space (the "Project"); and
WHEREAS, the Applicant purchased the Project Site for value; and
WHEREAS, the Project Site has been abandoned for approximately six years; and
WHEREAS, the City's Department of Planning and Development ("DPD") has determined that the property contains numerous depressed conditions that continue to impede the development of the property, including but not limited to functionally and economically obsolete buildings and site improvements, deteriorated structures, inadequate utilities, excessive site coverage and deleterious land use and layout (the "Special Circumstances") which DPD has determined justify a finding that the Project Site is abandoned for the purpose of the Class 7b designation; and
WHEREAS, the Project will increase employment opportunities, economic activity in the area and growth in the real property tax base; and
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WHEREAS, the Applicant has applied to the Office of the Assessor of Cook County, Illinois (the "Assessor") for designation of the Project Site as a Class 7b classification eligible for certain real estate tax incentives; and
WHEREAS, Section 74-65(b) of the Cook County Real Estate Classification Ordinance, as amended, (the "Classification Ordinance"), provides that prior to filing an eligibility application with the Assessor, an applicant for Class 7b classification must obtain an ordinance or resolution from the municipality in which the real estate is located expressly stating that (a) the municipality has determined that eligibility factors (1) through (5) under Section 74-65(a) of the Classification Ordinance are present, and (b) the municipality supports and consents to the Class 7b application to the Assessor; and
WHEREAS, DPD has reviewed the proposed Project, has determined that it meets the necessary eligibility requirements for Class 7b designation, and hereby recommends to City Council that the City expressly determine by ordinance that (a) the required eligibility factors are present, and (b) the City supports and consents to the Class 7b application to the Assessor by the Applicant for the Project; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are hereby expressly incorporated as if fully set forth
herein.
SECTION 2. The City hereby determines that the Project meets eligibility factor (1) under Section 74-65(a) of the Classification Ordinance in that the Project Site is located in an area in need of commercial development and designated by the City as the Western/Ogden Redevelopment Project Area.
SECTION 3. The City hereby determines that the Project meets eligibility factor (2) under Section 74-65(a) of the Classification Ordinance in that real estate taxes in the area during the last six years have either declined, remained stagnant and/or potential real estate taxes are not being fully realized due to the depressed condition of the area, and/or the Project Site, or property values as determined by the assessed value ("AV") or equalized assessed value ("EAV") for the redevelopment area or the Project Site have declined over the last six years, or property values as determined by the AV or EAV are increasing at a rate that is less than the balance of the City's AV or EAV for the last six years; or property values as determined by the AV or EAV for the redevelopment area/Project Site are increasing at a rate that is less than Consumer Price Index (CPI) for All Urban Consumers as published by the US Department of Labor for the last six years.
SECTION 4. The City hereby determines that the Project meets eligibility factor (3) under Section 74-65(a) of the Classification Ordinance in that there is a reasonable expectation that the Project is viable and likely to go forward on a reasonably timely basis if granted Class 7b designation and will therefore result in the economic enhancement ofthe area.
SECTION 5. The City hereby determines that the Project meets eligibility factor (4) under Section 74-65(a) of the Classification Ordinance in that certification of the Project for Class 7b designation will materially assist development, redevelopment or rehabilitation of the area and the Project would not go forward without the full incentive offered under Class 7b.
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SECTION 6. The City hereby determines that the Project meets eligibility factor (5) under Section 74-65(a) of the Classification Ordinance in that certification of the Project for Class 7b designation is reasonably expected to ultimately result in an increase in real property tax revenue and employment opportunities within the area.
SECTION 7. The City hereby expressly determines that eligibility factors (1) through (5) under Section 74-65(a) of the Classification Ordinance are present for the Project, and hereby' expressly supports and consents to the Class 7b application of the Applicant to the Assessor for Class 7b designation ofthe Project and the Project Site.
SECTION 8. The City determines that the Special Circumstances justify finding that the Project Site is deemed "abandoned" for the purpose of the Class 7b designation.
SECTION 9. The City has received and filed the Applicant's Economic Disclosure Statement, as defined in the County Ordinance.
SECTION 10. The Commissioner of DPD (the "Commissioner"), or a designee of the Commissioner, are each hereby authorized to deliver a certified copy of this ordinance to the Assessor and to furnish such additional information as may be required in connection with the filing of the application by the Applicant with the Assessor for Class 7b designation of the Project.
SECTION 11. This ordinance shall be effective from and after its passage and approval.
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EXHIBIT A
Legal Description of the Project Site:
PARCEL1: LOTS 1 TO 5 BOTH INCLUSIVE, (EXCEPT THAT PART OF SAID LOTS LYING EAST OF A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THIRD PRINCIPAL MERIDIAN) IN THE RESUBDIVISION OF LOTS 1 TO 5 INCLUSIVE IN BLOCK 2 OF T.M. JORDAN'S RESUBDIVISION OF LOTS 13, 14, 15, 17 AND 18 IN OGDEN'S SUBDIVISION OF THE EAST 1/2 OF THE NORTHEAST % OF SECTION24, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDINAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: LOTS 6 TO 21 BOTH INCLUSIVE, AND THE EASTERLY 8 1/2 INCJES OF LOT 22 IN BLOCK 2 IN T.M. JORDAN'S RESUBDIVISION OF LOTS 13, 14, 15, 17 AND 18 IN OGDENS SUBDIVISION OF THE EAST 1/2 OF THE NORTHEAST % OF SAID SECTION 24 TOGETHER WITH VACATED ALLEY LYING BETWEEN SAID LOT 6 IN SAID BLOCK 2 ON THE WEST AND LOTS 1, 2, 3, 4 AND 5 IN THE RESUBDIVISION OF LOTS 1 TO 5 BOTH INCLUSIVE, IN SAID BLOCK 2 ON THE EAST IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY, ILLINOIS.
PROPERTY ADDRESS OF REAL ESTATE:
1534-38 South Western Avenue, Chicago, Illinois 60608
PERMANENT TAX IDENTIFICATION NUMBERS:
16-24-227-002-0000
16-24-227-015-0000
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECT ION I - GENERAL INFORMATION
A. Legal name ofthe Disclosing Parly submitting this EDS. Include d/b/a/ if applicable: RM 1534 S. Western, LLC
Cheek ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
|X] the Applicant
OR
| J a legal entity currently holding, or anticipated to hold within six months alter 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: _
OK
| | a legal entity with a direct or indirect right of control ofthe Applicant (see Section 11(B)(1)) State the legal name ofthe entity in which the Disclosing Party holds a right of control:
13. Business address ofthe Disclosing Party: 527 S Wells St., Suite 700
Chicago, IL 60607
Telephone: 312-264-6027 pux: 312-987-4604 Email' pcacciatore@jos-cacciatore com
Name of contact person: Peter C. Cacciatore
Federal Employer Identification No. (ifyou have one):
I-. Brief description ofthe Matter to which this EDS pertains. (Include project number and location of properly, if applicable):
Ordinance in support of Class 7b Classification for property located at 1534-38 S. Western Avenue
( Which Ciiy agency or department is requesting this EDS? DePartment of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification" and Contract ii
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SECTION 11 - DISCLOSURE OE OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate ihe nature of the Disclosing Parly:
| ] Person |>4 Limited liability company
| | Publicly registered business corporation | J Limited liability partnership
f ] Privately held business corporation [ J Joint venture
| | Sole proprietorship [ j Not-for-profit corporation
| | General partnership (Is the not-for-profit corporation also a 501(c)(3))?
| | Limited partnership | J Yes [ | No
| J Trust [ | Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:
Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the Slate of Illinois as a foreign entity?
| | Yes | | No |X| Organized in Illinois
M. 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 ol 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 "enersil 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 ihe Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title
Peter C Cacciatore Co-Manager
Darren Pulliam Co-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% ofthe Applicant. Examples of such an interest include shares in a coi poration. partnership interest in a partnership or joint venture, interest of a member or manager in a
Pavie 2 of 15
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. II 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
Peter C Cacciatore 527 S Wells Si, Suite 700. Chicago. IL 60607 ' _
Dairen Pulliam 527 S Wells St , Suite 700, Chicago. IL 60607
SECTION III -- INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED Ol IIC I AIS
Has the Disclosing Parly provided any income or compensation lo any Ciiy elected official during the
12-monih period preceding the date of this EDS? | J Yes |>4 No
Docs the Disclosing Parly reasonably expect lo provide any income or compensation lo any Ciiy
elected official during the 12-month period following the date of this EDS? | | Yes (X No
If "yes" io cither ofthe above, please identify below the namc(s) of such Ciiy 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 Ciiy 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?
I | Yes (X No
If "yes." please identify below the name(s) of such City elected ofTicial(s) and/or spouse(s)/domcslic pai'incn's) and describe the financial interest(s).
SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Parly must disclose the name and business address of each subcontractor, altornc}. lobbyist (as defined in MCC Chapter 2-156). accountant, consultant and any other person or entity w hom the Disclosing Party has retained or expects to retain in connection wilh the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Parly is not required lo 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 ihe disclosure
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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 "l b.d." is
nol an acceptable response.
Retained ERS Enterprises. Inc. 100 N LaSalle St. Chicago, IL 60602- consultant partilally paid flat fee of S1 8,000 00
( Add sheets if necessary)
| | Check here ifthe Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V - CERTIFICATIONS
COUKT-ORDFRED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities lhat 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 ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
| | Yes |X No | | No person directly or indirectly owns 10% or more ofthe Disclosing Parly.
If "Yes." has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with lhat agreement?
| J Yes | | No
FURTHER CERTIFICATIONS
1 | 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 dale 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 he considered for agency contracts in the future, or continue wilh a contract in progress).
2. The Disclosing Party and its Affiliated Entities are not delinquent in the payment ofany (Inc. 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 m the payment ofany tax administered by the Illinois Department of Revenue.
V'ci 2018-1
3. The Disclosing Parly and, if the Disclosing Parly is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this EDS:
a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, slate or local unit of government:
b have nol. during the 5 years before the date of this HDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting io 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 properly;
c. arc not presently indicted for, or criminally or civilly charged by. a governmental entity (federal, state or local) wilh committing any ofthe offenses set forth in subparagraph (b) above;
d 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
e 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 stale, or any other unit of local government.
¦t. The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
5. Certifications (5). (6) and (7) concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parly in connection with the Matter, including but not limited lo all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parlies"):
any "Affiliated Entity" (meaning a person or entity lhat, 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 lacililies and equipment; common use of employees; or organization of a business entitv following the ineligibility of a business entity to do business wilh 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 lhat 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 Entitv or anv 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 Partv. any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Partv 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:
a 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 Slate of Illinois, or any agency ofthe federal government or ofany stale or local government in the United States of America, in that officer's or employee's official capacity;
b. agreed or colluded wilh other bidders or prospective bidders, or been a parly 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
c made an admission of such conduct described in subparagraph (a) or (b) above thai is a mailer of record, hut have not been prosecuted for such conduct; or
d. violated the provisions referenced in MCC Subsection 2-92-32()(a)(4)(Contracls Requiring a Base Wage): (a)p)(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 II .CS 5/33E-3; (2) bid-roialing in violation of 720 ILCS 5/33E-4; or (3) any similar offense ofany slate or ofthe United Stales of America thai 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 Stales Department of Commerce, Stale, or Treasury, or any successor federal agency.
N. | 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. NO TE: If MCC Chapter 1-23. Article I applies lo the Applicant, lhat 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 nol. without the prior written consent ofthe City, use any such
Vc:.20 I S-l Page 6 of 15
contracior/subconiractor thai does nol provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
1 1. Ifthe Disclosing Party is unable to certify to any ofthe above statements in this Part B (Further Certifications), the Disclosing Party must explain below:
NA
Ifthe letters "NA." the word "None." or no response appears on the lines above, it will be conclusively presumed lhat the Disclosing Parly certified to the above statements.
I 2. To the best of the Disclosing Parly's knowledge after reasonable inquiry, the following is a complete list of all current employees ofthe Disclosing Parly who were, at any time during the 12-nionth period preceding the dale oflhis EDS, an employee, or elected or appointed official, ofthe Ciiy of Chicago ( if none, indicate with "N/A" or "none").
NA
I 3. fo the best ofthe Disclosing Party's knowledge after reasonable inquiry, ihe following is a complete list of all gifts lhat the Disclosing Party has given or caused to be given, at any lime during the 12-month period preceding the execution date of this EDS. to an employee, or elected or appointed official, ofthe City of Chicago. For purposes oflhis statement, a "gift" does not include: (i) anything made generally available to City employees or lo the general public, or (ii) food or drink provided in ihe 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 lisl the name ofthe City recipient. NA
C. CERTIFICATION OF STATUS AS FINANCIAL. INSTITUTION
The Disclosing Parly certifies that the Disclosing Party (check one)
!' | is IX] is not
a "financial institution" as defined in MCC Section 2-32-455(b).
Ifthe Disclosing Party IS a financial institution, then the Disclosing Part/pledges:
"We arc nol and will not become a predatory lender as defined in MCC Chapter 2-32. Wc 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 wilh the Ciiy."
Page 7 of 15
If ihe Disclosing Parly is unable lo make this pledge because il 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):
NA
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 2-156-1 10: To the best ofthe 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 ofany other person or entity in the Matter?
|' | Yes X] 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 oilier person or entity in the purchase ofany properly lhat (i) belongs lo the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the Ciiy (collectively. "Ciiy Properly Sale"). Compensation for properly taken pursuant to the City's eminent domain power does nol constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
I" I Yes | | No
Ifyou checked "Yes" to Item D(l). provide the names and business addresses oflhe Citv officials
or employees having such financial interest and identify ihe nature ofthe financial interest-
Name Business Address Nature of Financial Interest
4. The Disclosing Parly further certifies thai no prohibited financial interest in the Mailer will be acquired by any City official or employee.
PageX of 15
!•. CI-R 1 11 ICA1T0N 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.
_X_1. I he Diselosing Party verifies that the Disclosing Party has searched any and all reeords of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
_ 2. The Disclosing Party verifies that, as a result of conducting the search in step (I) 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 ofany 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 oflhis Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf of the Disclosing Party wilh respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or ifthe letters "NA" or ifthe word "None" appear, ii 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 lo 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 infiuence 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-1 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.
,v The Diselosing 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) ofthe Internal Revenue Code of 1986: or (ii) it is an organization described in section 501(c)(4) ofthe Internal Revenue Code of 1986 but has nol engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995. as amended.
Ifthe Disclosing Parly is the Applicant, the Disclosing Parly must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.
Ii. CRATIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
Ifthe Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the followiim information wilh their bids or in writing al the outset of negotiations.
Is the Disclosing Party the Applicant?
| ] Yes ~ | | No
If "Yes." answer the three questions below:
Flave you developed and do you have'on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
j | Yes | | No
Flave you filed with the Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
I I Yes |' | No | | Reports not required
I lave you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
| | Yes |" | No
II you checked "No" to question (1) or (2) above, please provide an explanation:
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SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Parly understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become pari ofany contract or oilier agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and arc material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156. imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text oflhis ordinance and a training program is available on line at w vv w. c i t vo fc h i c a go. o r g/1"i I h i c s. and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500. Chicago, IL 60610, (3 1 2) 744-9660. The Disclosing Party must comply fully with this ordinance.
Ifthe City determines lhat any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law. or in equity, including terminating Ihe Disclosing Party's participation in the Matter and/or declining lo 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.
I). ll 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 ihe 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 il 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.
E. The information provided in this EDS must be kept current. In ihe event of changes, the Disclosing Parts 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 Parly 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 I -23 and Section 2-1 54-020.
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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.
RM 1534 S. Western, LLC
(Print or type exact legal name of Disclosing Party)
By: PofiiA, CZa^C^a^&/L(Sign here)
Peter C. Cacciatore
(Print or type name of person signing)
Co-Manager
(Print or type title of person signing)
Signed and sworn to before me on (date)
^^jfT^- County, ^L^t¥frtA(state).
Au6
Notary Public
Commission expires: fjfrjy- Iip^ 2-0
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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.
RM 1534 S. Western, LLC
(Print or type exact legal name of Disclosing Party)
By: DairYPM 'VlAlljaM
(Sign here)
Darren Pulliam
(Print or type name of person signing)
Co-Manager
(Print or type title of person signing)
state).
Signed and sworn to before me on (date) bt./D ZD-ZD ,
at County, -fe&HrCd_^(s
ROSHAWN DU80SE
' Official Seal
Notary Public - State of Illinois My CommMion E*pir
/ Notary Public
Commission expires: /UlJlf-^. j(f, 1
Page 12 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STAT EM ENT AND A FFI DA VI I
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS A N I) D E PA R I M ENT I IE A DS
This Appendix is to he 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 he 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 lo 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 Parly" means (1) all executive officers ofthe Disclosing Parly listed in Section II.B. 1 .a., if the Disclosing Party is a corporation; all partners ofthe Disclosing Party, ifthe Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members andmcmbers ofthe Disclosing Party, ifthe Disclosing Parly 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 Parly. "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" wilh an elected city official or department head?
| | Yes |X No
11" 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.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAYV/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 lo be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-1 54-010, is the Applicant or any Owner identified as a building code scoi'llaw or problem landlord pursuant lo MCC Section 2-92-416?
| J Yes 0II"the Applicant is a legal entity publicly traded on any exchange, is any officer or director ol" ihe Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
| | Yes [ ] 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.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is lo he completed only by an Applicant lhat 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 parly to any agreement pursuant lo 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, I 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.
I I Yes
! J No
I^N'/A - 1 am not an Applicant that is a "contractor1 as defined in MCC Section 2-92-385. This certification shall, serve as the affidavit required by MCC Section 2-92-385(c)(I'). If you checked "no" to the above, please explain.
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