OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
Mav 26. 2021
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Housing, 1 transmit herewith an ordinance expanding the TIF Vacant Building Purchase Rehabilitation Program to include multi-use buildings.
Your favorable consideration ofthis ordinance will be appreciated.
Very truly yours.
ORDINANCE
WHEREAS, the City of Chicago ("City"), a home rule unit of government under Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservaÂtion area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by an ordinance adopted by the City Council on May 4, 2011, and published in the Journal of Proceedings of the City Council (the "Journal") for said date at pages 117057 to 117064, inclusive (the "Establishment Ordinance"), the City developed a "Vacant Building TIF Purchase and Rehabilitation Program" ("Program") to assist in the stabilization of neighborÂhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing; and
WHEREAS, in accordance with the Establishment Ordinance and pursuant to an ordiÂnance adopted by the City Council of the City on March 14, 2012 and published in the Journal for said date at pages 21748 to 21775, inclusive, the City entered into an agreement on April 12,
with NHS (the "NHS Program Agreement") under which NHS performs certain administraÂtive services for the Program for single-family homes ("SFH Program") in the Chicago/Central Park redevelopment project area; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on July 24,
and published in the Journal for said date at pages 57346 to 57350, inclusive, the City and NHS executed the First Amendment to the NHS Program Agreement to reflect that allowable closing costs under the SFH Program relate to the overall project costs of each individual project in order to enhance the successful implementation ofthe SFH Program; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on June 12, 2019 and published in the Journal for said date at pages 625 to 638, inclusive (the "2019 Ordinance"), the City and NHS executed the Second Amendment to the NHS Program AgreeÂment with NHS to add the 119th and Halsted, 63rd/Ashland, 79th/Vincennes, Englewood NeighÂborhood and Midwest redevelopment project areas to the SFH Program and allocate additional funding for the SFH Program; and
WHEREAS, the City now desires to further amend the NHS Program Agreement with NHS to modify certain requirements to make the SFH Program operate more efficiently and efÂfectively by authorizing the execution of a Third Amendment to the NHS Program Agreement in substantially similar form to Exhibit A attached hereto and made a part hereof (the "Third NHS Amendment"); and
WHEREAS, the City, in accordance with the Establishment Ordinance and an ordinance adopted by the City Council on May 28, 2014 and published in the Journal for said date at pages 80956 to 80997, inclusive, entered into an agreement (the "Chicago/Central Park MFH Program Agreement") with Community Investment Corporation, an Illinois not-for-profit corporaÂtion ("CIC") to implement the Program for multi-family homes in the Chicago/Central Park RedeÂvelopment Project Area (the "Chicago/Central Park MFH Program"); and
WHEREAS, the City, in accordance with the 2019 Ordinance, entered into the First Amendment to the Chicago/Central Park MFH Program Agreement to increase the amount of funds available for the Chicago/Central Park MFH Program by an additional $1,000,000 to a total, collective amount of $2,000,000; and
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WHEREAS, the Department of Housing ("DOH") now desires to further increase the amount of funds available for the Chicago/Central Park MFH Program by an additional $2,000,000 to a total, collective amount of $4,000,000; and
WHEREAS, the City, in accordance with the Establishment Ordinance and an ordinance adopted by the City Council on September 14, 2016 and published in the Journal for said date at pages 30245 to 30295, inclusive, entered into an agreement (the "Midwest MFH Program Agreement") with CIC to implement the Program for multi-family homes in the Midwest RedeÂvelopment Project Area (the "Midwest MFH Program"); and
WHEREAS, the City, in accordance with the 2019 Ordinance, entered into the First Amendment to the Midwest MFH Program Agreement to increase the amount of funds available for the Chicago/Central Park MFH Program by an additional $1,000,000 to a total, collective amount of $2,000,000; and
WHEREAS, DOH now desires to further increase the amount of funds available for the Midwest MFH Program by an additional $1,500,000 to a total, collective amount of $3,500,000; and
WHEREAS, the City and CIC have determined that a second amendment to the ChicaÂgo/Central Park MFH Program Agreement with CIC substantially in the form of Exhibit B atÂtached hereto and made a part hereof ("Second Amendment to the Chicago/Central Park MFH Program Agreement) and a second amendment to Midwest MFH Program Agreement with CIC substantially in the form of Exhibit C attached hereto and made a part hereof ("Second AmendÂment to the Midwest MFH Program Agreement) are necessary to provide the additional funding to these programs authorized by this ordinance and to modify certain requirements to make each program operate more efficiently and effectively; and
WHEREAS, the City and CIC also have entered into agreements for multi-family proÂgrams in the Division/Homan, Humboldt Park, Ogden/Pulaski and Pulaski Corridor redevelopÂment project areas pursuant to ordinances previously adopted by City Council ("Other Existing MFH Program Agreements"); and
WHEREAS, the City and CIC wish to amend the Other Existing MFH Program AgreeÂments by entering into first amendments substantially in the form of the Second Amendment to the Chicago/Central Park MFH Program Agreement attached as Exhibit B hereto (excluding paragraphs 1 and 2 of Article III of Exhibit B) to make each program operate more efficiently and effectively ("First Amendments to the Other Existing MFH Program Agreements"); and
WHEREAS, DOH desires to add the eleven new redevelopment project areas identified in Exhibit D attached hereto and made a part hereof to the Program for multi-family homes ("New MFH Programs") and to authorize funding ("Maximum Authorized Funding") for the New MFH Programs in the amounts identified in Exhibit D; and
WHEREAS, the City and CIC wish to enter a Program agreement for each of the New MFH Programs in substantially similar form to the Form Agreement attached as Exhibit E and made a part hereof with the Program-specific information contained in Exhibit D, whereby the City shall pay for or reimburse CIC for its administrative services for each New MFH Program (the "New MFH Program Agreements"); and
WHEREAS, the City's obligation to provide funds under the Second Amendment to Chicago/Central Park MFH Program Agreement, the Second Amendment to Midwest MFH ProÂgram Agreement, and the New MFH Program Agreements will be met through (i) incremental taxes deposited in the Special Tax Allocation Funds of the applicable areas or (ii) any other funds legally available to the City for this purpose; now, therefore,|1010|
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.
SECTION 2. The Commissioner of DOH (the "Commissioner") or designee are each hereby authorized, with the approval ofthe City's Corporation Counsel as to form and legality, to negotiate, execute and deliver the Third NHS Amendment and such other supporting docuÂments as may be necessary to carry out and comply with the provisions thereof, with such changes, deletions and insertions as shall be approved by the persons executing the amendÂment.
SECTION 3. The Commissioner or designee are each hereby authorized, with the apÂproval of the City's Corporation Counsel as to form and legality, to negotiate, execute and delivÂer the Second Amendment to Chicago/Central Park MFH Program Agreement and such other supporting documents as may be necessary to carry out and comply with the provisions thereof, with such changes, deletions and insertions as shall be approved by the persons executing the amendment.
SECTION 4. The Commissioner or designee are each hereby authorized, with the apÂproval of the City's Corporation Counsel as to form and legality, to negotiate, execute and delivÂer the Second Amendment to Midwest MFH Program Agreement and such other supporting documents as may be necessary to carry out and comply with the provisions thereof, with such changes, deletions and insertions as shall be approved by the persons executing the amendÂment.
SECTION 5. The Commissioner or designee are each hereby authorized, with the apÂproval of the City's Corporation Counsel as to form and legality, to negotiate, execute and delivÂer the First Amendments to the Other Existing MFH Program Agreements and such other supÂporting documents as may be necessary to carry out and comply with the provisions thereof, with such changes, deletions and insertions as shall be approved by the persons executing the amendments.
SECTION 6. The Commissioner or designee are each hereby authorized, with the apÂproval of the City's Corporation Counsel as to form and legality, to negotiate, execute and delivÂer the New MFH Program Agreements and such other supporting documents as may be necesÂsary to carry out and comply with the provisions thereof, with such changes, deletions and inserÂtions as shall be approved by the persons executing the agreements.
SECTION 7. CIC is hereby designated to administer the New MFH Programs, subject to the supervision of DOH.
SECTION 8. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.
SECTION 9. This ordinance shall be effective as of the date of its passage and apÂproval.
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EXHIBIT A TO THE ORDINANCE
Form of THIRD AMENDMENT to
VACANT BUILDING TIF NEIGHBORHOOD PURCHASE AND REHABILITATION PROGRAM AGREEMENT FOR SINGLE-FAMILY HOMES
This Third Amendment to the Vacant Building TIF Neighborhood Purchase and Rehabili-
tation Program Agreement for Single-Family Homes (the "Agreement") is made as of this
day of , 2021 by and between the City of Chicago, a municipal corporation and home
rule unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Housing ("DOH"), and Neighborhood Housing Services of Chicago, Inc., an Illinois not-for-profit corporation ("NHS").
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on May 4, 2011, the City established a "Vacant Building TIF Purchase and Rehabilitation Program" to asÂsist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing (the "Program"); and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on March 14, 2012, the City entered into the Agreement on April 12, 2012 with NHS under which NHS perÂforms certain administrative services for the Program in the Chicago/Central Park redevelopÂment project area; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on July 24, 2013, the City and NHS executed the First Amendment to the Agreement to reflect that allowÂable closing costs under the Program relate to the overall project costs of each individual project in order to enhance the successful implementation ofthe Program; and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on June 12, 2019, the City and NHS executed the Second Amendment to the Agreement to add the 119th and Halsted, 63rd/Ashland, 79th/Vincennes, Englewood Neighborhood and Midwest redevelopÂment project areas to the Program and allocate additional funding for the Program, including an increase of funding for the Chicago/Central Park area from $1,000,000 to $2,000,000; and
WHEREAS, the City now desires to further amend the Agreement with NHS to modify certain requirements to make the Program operate more efficiently and effectively (the "Third Amendment"); and
WHEREAS, pursuant to an ordinance adopted by the City Council of the City on
, 2021, the City Council of the City has approved the execution and delivery of this
Third Amendment to the Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties hereto agree as follows:
ARTICLE I|1010|
INCORPORATION AND RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE II
REAFFIRMATION OF REPRESENTATIONS. WARRANTIES AND COVENANTS
NHS reaffirms each and every representation, warranty and covenant made in Article III of the Agreement. NHS reaffirms that it has insurance in force that conforms to the requireÂments of Section 4.8 of the Agreement.
ARTICLE III AMENDMENTS TO AGREEMENT
The Agreement, as previously amended, is further amended as follows:
substitute the definition of "Eligible Homebuyer" in Article II thereof with the folÂlowing:
'"Eligible Homebuyer' means a Homebuyer with a Household Income of up to 150% of the PMSA Median Income."
substitute the definition of "Maximum Program Assistance" in Article II thereof with the following:
'"Maximum Program Assistance' means the total amount of Purchase Price Assistance and Substantial Rehabilitation Assistance granted to an Eligible Homebuyer for the purÂchase and Substantial Rehabilitation of an Eligible Property, but which shall be a perÂcentage of the sum of the Base Purchase Price approved by NHS in consultation with DOH plus the cost of the Substantial Rehabilitation ofthe Eligible Property."
substitute the definition of "Substantial Rehabilitation" in Article II thereof with the following:
'"Substantial Rehabilitation' means the reconstruction, enlargement, installation, repair, alteration, improvement or renovation of a building, structure or portion thereof requiring a permit issued by the city and costing $10,000.00 or more per Housing Unit to rehabiliÂtate."
substitute the definition of "Substantial Rehabilitation Assistance" in Article II thereof with the following:
'"Substantial Rehabilitation Assistance' means the amount of assistance granted to an Eligible Homebuyer under the Program that shall be used for the Substantial RehabilitaÂtion of the Eligible Property, which shall also include costs associated with contracting with an architect, engineer and/or project manager for the Substantial Rehabilitation."
substitute the definition of "Vacant" in Article II thereof with the following:
"'Vacant' means a Residential Building, or a Housing Unit in a condominium or cooperaÂtive building, which is lacking the habitual presence of human beings who have a legal|1010|
right to be on the premises, or at which substantially all lawful residential occupancy has ceased; provided that a Residential Building or a Housing Unit in a condominium or coÂoperative building shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least one month within the previous nine months and a person entitled to possession intends to resume residing at the property."
substitute the text in Article IV, Section 4.3(c) thereof with the following:
"(c) Potential Eligible Homebuyers who are interested in receiving funds through the Program shall be required to contact NHS to receive Pre-Approval. Prior to issuing the Pre-Approval, NHS shall verify that the Household Income of the potential Eligible Homebuyer is no more than 150% of the PMSA Median Income. The Pre-Approval would be valid for 90 days. After receiving the Pre-Approval, the prospective Eligible Homebuyer would begin his/her search for an Eligible Property to purchase. NHS shall provide a list to the potential Eligible Homebuyer of the Eligible TIF Areas in which the Program is active."
substitute the text in Article IV, Section 4.3(n) thereof with the following:
"(n) Upon determination by NHS that an applicant is an Eligible Homebuyer, NHS may provide the Eligible Homebuyer a conditional Grant for the Purchase Price Assistance and Substantial Rehabilitation Assistance, consistent with the provisions of this AgreeÂment, up to the Maximum Program Assistance. As a condition of receiving such asÂsistance, the Eligible Homebuyer shall occupy the Eligible Property as the Eligible Homebuyer's Principal Residence, as follows:
Amount of Assistance For a term of
$0 - $40,000 not less than 5 consecutive years
$40,001 or greater not less than 10 consecutive years
Provided that if a longer term is required by any other applicable law, the longer term shall apply.
The term shall commence no later than180 days after the date the Eligible Homebuyer takes title to the Eligible Property. A Recapture Mortgage shall be recorded after closing to secure the occupancy requirement condition stated above."
insert the following text into a new Section 4.3(r) in Article IV:
(r) "Up to thirty percent (30%) of Program Funds may be utilized by NHS to make loans to Eligible Homebuyers under the Program that unable to secure lending from othÂer sources, with such material terms and documentation for making such loans that are approved by DOH."
insert the following text into a new Section 4.3(s) in Article IV:
(s) "Program Funds may be disbursed on a pro-rata basis with an Eligible Home-buyer's other funds during the construction period."
Except as set forth herein, the Agreement is not amended.
ARTICLE IV
OBLIGATION TO PROVIDE DOCUMENTS
NHS shall execute and deliver to DOH such documents as may be required by the Cor-|1010|
poration Counsel of the City, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in a form acceptable to the Corporation CounÂsel.
IN WITNESS WHEREOF, the City and NHS have executed this Second Amendment as of the date first set forth above.
CITY OF CHICAGO
By:
Commissioner Department of Housing
NEIGHBORHOOD HOUSING SERVICES OF CHICAGO, INC., an Illinois not-for-profit corporation
By: Its:
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EXHIBIT B TO THE ORDINANCE
Form of SECOND AMENDMENT TO VACANT BUILDING TIF PURCHASE AND REHABILITATION PROGRAM AGREEMENT FOR MULTI-FAMILY HOMES IN THE CHICAGO/CENTRAL PARK REDEVELOPMENT PROJECT AREA BETWEEN THE CITY OF CHICAGO AND COMMUNITY INVESTMENT CORPORATION
This Second Amendment to Vacant Building TIF Neighborhood Purchase and RehabilitaÂtion Program Agreement for Multi-Family Homes (the "Second Amendment") is made on
, 2021 by and between the City of Chicago, a municipal corporation and home rule
unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Housing ("DOH" or "Department"), and Community Investment Corporation, an Illinois not-for-profit corporation ("CIC").
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seq., as amended from time to time (the "TIF Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by an ordinance adopted by the City Council of the City ("City Council") on May 4, 2011, the City authorized the Commissioner of DOH to establish a "Vacant Building TIF Purchase and Rehabilitation Program" to assist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing (the "Program"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on May 28, 2014, the City and CIC executed an Agreement to implement the multi-family Program in the Chicago/ Central Park Redevelopment Project Area (the "Agreement"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on June 12, 2019, the City and CIC executed the First Amendment to the Agreement to increase funding available for the Program in the Chicago/Central Park area from $1,000,000 to $2,000,000; and
|1010|
WHEREAS, the City and CIC have determined that this Second Amendment to the Agreement is necessary to increase the funding available for the Program in the Chicago/CenÂtral Park area by an additional $2,000,000 to a total, collective amount of $4,000,000 and to make changes to the Program to make it operate more efficiently and effectively;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties.hereto agree as follows:
ARTICLE I INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
|10 10|
ARTICLE II
REAFFIRMATION OF REPRESENTATIONS. WARRANTIES AND COVENANTS
CIC reaffirms each and every representation, warranty and covenant made in Article III of the Agreement. CIC reaffirms that it has insurance in force that conforms to the requirements of Section 4.11 of the Agreement.
ARTICLE III AMENDMENTS TO THE AGREEMENT
The Agreement, as amended, is further amended, as follows:
Replace the text in ARTICLE IV, Section 4.2(b) with the following:
"(b) CIC agrees that the total amount of funds available for the Program in the Eligible TIF Area shall be up to a maximum of $4,000,000 and that there have been no representations, assurances or agreements that any other assistance shall be forthcomÂing from the City. CIC shall provide written notice to the City when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CIC pursuant to Section 6.5, equals 80% of the Program Funds authorized for the Eligible TIF Area and thereafter when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CIC pursuant to Section 6.5, equals 100% of the Program Funds auÂthorized for the Eligible TIF Area. Program Funds are deemed committed for purposes of this Section when CIC has determined the amount of Program Funds to be the subject of a Grant and sent notice of final approval of an Application pursuant to Section 4.3(e) to an eligible Developer. No Grants shall be made or committed to be made by CIC hereunder when sucb commitment would result in the aggregate amount of Grants, toÂgether with all administrative costs related to such Grants paid to CIC pursuant to SecÂtion 6.5, exceeding the amounts authorized for the Eligible TIF Area. No Grants shall be made or committed to be made by CIC hereunder when such commitment occurs after the date of receipt of the notice from the City described in Section 6.2 hereof regarding the termination of this Agreement."
Replace the text in ARTICLE IV, Section 4.2(c) with the following:
"(c) The amount of Program Funds authorized for the Eligible TIF Area may be changed from time to time upon written notice by DOH to CIC, provided that the aggreÂgate amount shall not exceed $4,000,000 (or such other amount as the City may deterÂmine from time to time)."
substitute the definition of "Affordable Rent" in Article II thereof with the following:
"Affordable Rent' shall mean the rent amounts determined by the City for rental housing pursuant to 24 C.F.R. 570.208(a)(3), as may be adjusted for unit size, based on an inÂcome level not to exceed 80% of PMSA Median Income."
substitute the definition of "Affordable Rental Housing" in Article II thereof with the following:
"Affordable Rental Housing' means a housing unit that is rented at a rental price that is affordable to Households earning up to 80% of the PMSA Median Income."
10
(5) substitute the definition of "Eligibility Criteria" in Article II thereof with the follow-
'"Eligibility Criteria' means, at the time of the first rental by that Household, a Household earning up to 80% of the PMSA Median Income."
(6) substitute the definition of "Eligible Multi-Family Residential Development" in Arti-
cle II thereof with the following:
'"Eligible Multi-Family Residential Development' means a Multi-Family Residential DeÂvelopment that is:
either (i) vacant or foreclosed (meaning foreclosure proceedings have been completed under State law) and purchased by a Developer; (ii) that is currently occupied and in need of assistance and purchased by a Developer; or (iii) that is currently occupied and owned by a Developer and in need of assistance;
located in the Eligible TIF Area; and
in need of substantial rehabilitation."
substitute the definition of "Eligible Multi-Family Residential Development" in ArtiÂcle II thereof with the following:
'"MultiFamily Residential Development' means a residential or mixed-use (residential and commercial) building or group of buildings that contains 5 or more Housing Units and that are designed, arranged, used or intended to be used primarily for residential occupancy."
substitute the definition of "Substantial Rehabilitation" in Article II thereof with the following:
'"Substantial Rehabilitation' means the reconstruction, enlargement, installation, repair, alteration, improvement or renovation of a building, structure or portion thereof (including commercial space in a residential/commercial mixed-use building) requiring a permit isÂsued by the City and costing $10,000.00 or more per Housing Unit to rehabilitate."
insert the following text into a new Section 4.3(j) in Article IV:
"(j) Commercial Space Renovation: Program Funds may be used to for the build out of commercial space as part of the Substantial Rehabilitation of an Eligible Multi-Family Residential Development for identified commercial tenants moving into the Eligible Multi-Family Residential Development. In addition, in situations where the commercial tenants will not be identified until after the Substantial Rehabilitation is completed, CIC may (but is not required to), in consultation with DOH, reserve Program Funds (either as part of or in addition to the Maximum Program Assistance in DOH's sole discretion) on a condiÂtional basis in addition to the Grant already awarded to the Developer for the Developer to use when a tenant is identified for the commercial space. A signed lease and a scope of work approved by CIC will be required before CIC may award the additional Program Funds being held in reserve to the Developer. The amount of Program Funds that may be set aside shall be limited to a maximum of $80/square foot of the actual cost to build out the commercial space. However, for good cause shown, in situations when the reaÂsonable costs for building out the commercial space exceed this limit (particularly with restaurants), DOH may approve, in its sole discretion, based on a request by CIC for additional Program Funds exceeding this limit be approved. If Program Funds that are reserved go, unused they shall be returned to the Program to be reallocated."
11
Except as set forth herein, the Agreement is not amended.
ARTICLE IV
OBLIGATION TO PROVIDE DOCUMENTS
CIC shall execute and deliver to DOH such documents as may be required by the CorÂporation Counsel of the City, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in a form acceptable to the Corporation CounÂsel.
IN WITNESS WHEREOF, the City and CIC have executed this First Amendment as of the date first set forth above.
CITY OF CHICAGO
By:
Commissioner Department of Housing
COMMUNITY INVESTMENT CORPORATION, an Illinois not-for-profit corporation
By: Its:
12
EXHIBIT C TO THE ORDINANCE
Form of SECOND AMENDMENT TO VACANT BUILDING TIF PURCHASE AND REHABILITATION PROGRAM AGREEMENT FOR MULTI-FAMILY HOMES IN THE MIDWEST REDEVELOPMENT PROJECT AREA BETWEEN THE CITY OF CHICAGO AND COMMUNITY INVESTMENT CORPORATION
This Second Amendment to Vacant Building TIF Neighborhood Purchase and RehabilitaÂtion Program Agreement for Multi-Family Homes (the "First Amendment") is made on
, 2021 by and between the City of Chicago, a municipal corporation and home rule
unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Housing ("DOH" or "Department"), and Community Investment Corporation, an Illinois not-for-profit corporation ("CIC").
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seq as amended from time to time (the "TIF Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by an ordinance adopted by the City Council of the City ("City Council") on May 4, 2011, the City authorized the Commissioner of DOH to establish a "Vacant Building TIF Purchase and Rehabilitation Program" to assist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing (the "Program"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on September 14, 2016 the City and CIC executed an agreement with CIC (the "Agreement") to implement the multi-family Program in the Midwest Redevelopment Project Area; and
WHEREAS, pursuant to an ordinance adopted by the City Council on June 12, 2019, the City and CIC executed the First Amendment to the Agreement to increase funding available for the Program in the Midwest area from $1,000,000 to $2,000,000; and
WHEREAS, the City and CIC have determined that this Second Amendment to the AgreeÂment is necessary to increase the funding available for the Program in the Midwest area by an adÂditional $1,500,000 to a total, collective amount of $3,500,000 and to make changes to the ProÂgram to make it operate more efficiently and effectively;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth beÂlow, the parties hereto agree as follows:
ARTICLE I INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
13
ARTICLE II
REAFFIRMATION OF REPRESENTATIONS. WARRANTIES AND COVENANTS
CIC reaffirms each and every representation, warranty and covenant made in Article III of the Agreement. CIC reaffirms that it has insurance in force that conforms to the requirements of Section 4.11 of the Agreement.
ARTICLE III AMENDMENTS TO THE AGREEMENT
The Agreement is amended, as follows:
Replace the text in ARTICLE IV, Section 4.2(b) with the following:
"(b) CIC agrees that the total amount of funds available for the Program in the Eligi-
ble TIF Area shall be up to a maximum of $ and that there have been no repre-
sentations, assurances or agreements that any other assistance shall be forthcoming from
the City. CIC shall provide written notice to the City when the aggregate amount of Pro-
gram Funds committed or paid, including Grants and administrative costs paid to or for the
account of CIC pursuant to Section 6.5, equals 80% of the Program Funds authorized for
the Eligible TIF Area and thereafter when the aggregate amount of Program Funds commit-
ted or paid, including Grants and administrative costs paid to or for the account of CIC pur-
suant to Section 6.5, equals 100% of the Program Funds authorized for the Eligible TIF
Area. Program Funds are deemed committed for purposes of this Section when CIC has
determined the amount of Program Funds to be the subject of a Grant and sent notice of
final approval of an Application pursuant to Section 4.3(e) to an eligible Developer. No
Grants shall be made or committed to be made by CIC hereunder when such commitment
would result in the aggregate amount of Grants, together with all administrative costs relat-
ed to such Grants paid to CIC pursuant to Section 6.5, exceeding the amounts authorized
for the Eligible TIF Area. No Grants shall be made or committed to be made by CIC here-
under when such commitment occurs after the date of receipt of the notice from the City
described in Section 6.2 hereof regarding the termination of this Agreement."
Replace the text in ARTICLE IV, Section 4.2(c) with the following:
"(c) The amount of Program Funds authorized for the Eligible TIF Area may be changed from time to time upon written notice by DOH to CIC, provided that the aggregate
amount shall not exceed $ (or such other amount as the City may determine
from time to time)."
substitute the definition of "Affordable Rent" in Article II thereof with the following:
"Affordable Rent' shall mean the rent amounts determined by the City for rental housing pursuant to 24 C.F.R. 570.208(a)(3), as may be adjusted for unit size, based on an income level not to exceed 80% of PMSA Median Income."
substitute the definition of "Affordable Rental Housing" in Article II thereof with the following:
'"Affordable Rental Housing' means a housing unit that is rented at a rental price that is afÂfordable to Households earning up to 80% of the PMSA Median Income."
14
substitute the definition of "Eligibility Criteria" in Article II thereof with the following:
'"Eligibility Criteria' means, at the time of the first rental by that Household, a Household earning up to 80% of the PMSA Median Income."
substitute the definition of "Eligible Multi-Family Residential Development" in Article II thereof with the following:
"'Eligible Multi-Family Residential Development' means a Multi-Family Residential DevelÂopment that is:
either (i) vacant or foreclosed (meaning foreclosure proceedings have been completed under State law) and purchased by a Developer; (ii) that is currently ocÂcupied and in need of assistance and purchased by a Developer; or (iii) that is curÂrently occupied and owned by a Developer and in need of assistance;
located in the Eligible TIF Area; and
in need of substantial rehabilitation."
substitute the definition of "Eligible Multi-Family Residential Development" in Article II thereof with the following:
'"MultiFamily Residential Development' means a residential or mixed-use (residential and commercial) building or group of buildings that contains 5 or more Housing Units and that are designed, arranged, used or intended to be used primarily for residential occupancy."
substitute the definition of "Substantial Rehabilitation" in Article II thereof with the following:
'"Substantial Rehabilitation' means the reconstruction, enlargement, installation, repair, alÂteration, improvement or renovation of a building, structure or portion thereof (including commercial space in a residential/commercial mixed-use building) requiring a permit issued by the City and costing $10,000.00 or more per Housing Unit to rehabilitate."
insert the following text into a new Section 4.3(j) in Article IV:
"(j) Commercial Space Renovation: Program Funds may be used to for the build out of commercial space as part of the Substantial Rehabilitation of an Eligible Multi-Family ResiÂdential Development for identified commercial tenants moving into the Eligible Multi-Family Residential Development. In addition, in situations where the commercial tenants will not be identified until after the Substantial Rehabilitation is completed, CIC may (but is not required to), in consultation with DOH, reserve Program Funds (either as part of or in addition to the Maximum Program Assistance in DOH's sole discretion) on a conditional basis in addition to the Grant already awarded to the Developer for the Developer to use when a tenant is identified for the commercial space. A signed lease and a scope of work approved by CIC will be required before CIC may award the additional Program Funds being held in reserve to the Developer. The amount of Program Funds that may be set aside shall be limited to a maximum of $80/square foot of the actual cost to build out the commercial space. However, for good cause shown, in situations when the reasonable costs for building out the comÂmercial space exceed this limit (particularly with restaurants), DOH may approve, in its sole discretion, based on a request by CIC for additional Program Funds exceeding this limit be approved. If Program Funds that are reserved go, unused they shall be returned to the ProÂgram to be reallocated."
Except as set forth herein, the Agreement is not amended.
15
ARTICLE IV
OBLIGATION TO PROVIDE DOCUMENTS
CIC shall execute and deliver to DOH such documents as may be required by the CorporaÂtion Counsel of the City, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in a form acceptable to the Corporation Counsel.
IN WITNESS WHEREOF, the City and CIC have executed this First Amendment as of the date first set forth above.
CITY OF CHICAGO
By:
Commissioner Department of Housing
COMMUNITY INVESTMENT CORPORATION, an Illinois not-for-profit corporation
By: Its:
EXHIBIT D TO THE ORDINANCE
New MFH Programs and Authorized Funding
Redevelopment Project Area: Englewood Neighborhood Maximum Authorized Funding: Up to $1,000,000
Redevelopment Project Area: 47th/Ashland Maximum Authorized Funding: Up to $500,000
Redevelopment Project Area: 79th Street Corridor Maximum Authorized Funding: Up to $500,000
Redevelopment Project Area: Avalon Park/South Shore Maximum Authorized Funding: Up to $1,500,000
Redevelopment Project Area: Commercial Avenue Maximum Authorized Funding: Up to $2,000,000
Redevelopment Project Area: 43rd Street/Cottage Grove Avenue Maximum Authorized Funding: Up to $2,000,000
Redevelopment Project Area: Austin Commercial Maximum Authorized Funding: Up to $1,500,000
Redevelopment Project Area: Roseland/Michigan Maximum Authorized Funding: Up to $500,000
Redevelopment Project Area: 63rd/Ashland Maximum Authorized Funding: Up to $1,500,000
Redevelopment Project Area: 47th and King Drive Maximum Authorized Funding: Up to $1,000,000
Redevelopment Project Area: South Chicago Maximum Authorized Funding: Up to $1,500,000
17
EXHIBIT E TO THE ORDINANCE
Form of
VACANT BUILDING TIF PURCHASE AND REHABILITATION PROGRAM AGREEMENT FOR MULTI-FAMILY HOMES IN THE [INSERT] REDEVELOPMENT PROJECT AREA BETWEEN THE CITY OF CHICAGO AND COMMUNITY INVESTMENT CORPORATION
This Vacant Building TIF Neighborhood Purchase and Rehabilitation Program Agreement
for Multi-Family Homes (the "Agreement") is made on , 2021 by and between the
City of Chicago, a municipal corporation and home rule unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Housing ("DOH" or "Department"), and Community Investment Corporation, an Illinois not-for-profit corporaÂtion ("CIC").
WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation ReÂdevelopment Act, 65 ILCS 5/11-74.4-1 et seg,., as amended from time to time (the ATIF Act@), to
finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and
WHEREAS, by an ordinance adopted by the City Council ofthe City ("City Council") on May 4, 2011, the City authorized the Commissioner of DOH to establish a "Vacant Building TIF PurÂchase and Rehabilitation Program" to assist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing (the "Program"); and
WHEREAS, numerous homes and residential buildings in the City are vacant; and
WHEREAS, it is in the best interest of the City to promote and assist in the development of affordable rental housing by establishing programs whereby the City assists in the purchase and rehabilitation of vacant buildings to be developed as affordable rental housing; and
WHEREAS, by an ordinance adopted by the City Council on , 2021, the City
has approved the execution and delivery of this Agreement to implement a portion of the Pro-
gram in the Redevelopment Project Area; and
18
WHEREAS, DOH desires to implement a portion of the Program by using the services of CIC, and CIC desires to administer a portion of the Program in accordance with the provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties hereto agree as follows:
ARTICLE I - Incorporation and Recitals
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE II - Definitions
"Affordable Rent" shall mean the rent amounts determined by the City for rental housing pursuant to 24 C.F.R. 570.208(a)(3), as may be adjusted for unit size, based on an income level not to exceed 80% of PMSA Median Income.
"Affordable Rental Housing' means a housing unit that is rented at a rental price that is affordable to Households earning up to 80% of the PMSA Median Income.
"Base Purchase Price" means the purchase price of an Eligible Multi-Family Residential Building, excluding any taxes, insurance, closing costs, or other such costs.
"CIC" means Community Investment Corporation, an Illinois not-for-profit corporation, and its successors and assigns.
"Closing Costs" means reasonable and customary costs, not to exceed 6% of the Base Purchase Price, associated with the closing of the purchase of the Eligible Multi-Family ResiÂdential Development, including, but not limited to, transfer taxes, title company charges and recording fees.
"Commissioner" means the commissioner of DOH.
"Corporation Counsel" means the Corporation Counsel ofthe City.
"Department" or "DOH" means the Department of Housing.
"Developer" means any person who develops an Eligible Multi-Family Residential DeÂvelopment, but does not include a lender or any governmental entity, and its successors or asÂsigns.
"Development" or "develop" means the substantial rehabilitation of an Eligible Multi-FamÂily Residential Development.
"Eligibility Criteria" means, at the time of the first rental by that Household, a Household earning up to 80% of the PMSA Median Income.
"Eligible Multi-Family Residential Development" means a Multi-Family Residential DeÂvelopment that is:
(1) either (i) vacant or foreclosed (meaning foreclosure proceedings have been completed under State law) and purchased by a Developer; (ii) that is currently occupied and in need of assistance and purchased by a Developer; or (iii) that is currently occupied and owned by a Developer and in need of assistance;
19
located in the Eligible TIF Area; and
in need of substantial rehabilitation.
"Eligible TIF Area'' means the Redevelopment Project Area.
"Event of Default" means any event of default as set forth in Section 5.1 hereof.
"Grant" means any conditional grant of funds made by CIC to a Developer from Program
Funds.
"Grant Documents" means the agreements entered into between CIC and a Developer in connection with a Grant, the Recapture Mortgage, and any other documents required by eiÂther DOH or CIC to be executed in connection with a Grant, which documents shall be in subÂstantially the form approved by the Corporation Counsel.
"Household" means, collectively, all the persons who occupy a Housing Unit as their primary residence.
"Household Income" means the combined income of the members of a Household for the calendar year preceding the date that the application for the Program is filed with CIC.
"Housing Unit" means a room or suite of rooms designed, occupied or intended for ocÂcupancy as a separate living quarter with cooking, sleeping and sanitary facilities provided withÂin the unit for the exclusive use of the occupants of the unit; provided that a "housing unit" does not include dormitories, or hotels as that term is defined in Section 13-4-010 ofthe Chicago MuÂnicipal Code.
"Maximum Program Assistance" means the total amount of Purchase Price Assistance and Substantial Rehabilitation Assistance granted to a Developer for the purchase and SubstanÂtial Rehabilitation of an Eligible Multi-Family Residential Development, but which shall be limited to no greater than 50% of the sum of the Base Purchase Price plus the cost of the Substantial Rehabilitation of the Eligible Multi-Family Residential Development.
"MultiFamily Residential Development" means a residential or mixed-use (residential and commercial) building or group of buildings that contains 5 or more Housing Units and that are designed, arranged, used or intended to be used primarily for residential occupancy.
"PMSA Median Income" means the Primary Metropolitan Statistical Area median inÂcome, for the Chicago-Naperville-Joliet, Illinois, Metropolitan Fair Market Rent Area, as deterÂmined by the United States Department of Housing and Urban Development from time to time.
"Program" means the Vacant Building TIF Purchase and Rehabilitation Program estabÂlished pursuant to an Ordinance adopted by the City Council of the City on May 4, 2011, as amended from time to time, and this Agreement.
"Program Funds" means those funds which will be used by the City to implement the Program in accordance with this Agreement.
"Purchase Price Assistance" means financial assistance awarded by the Department to a Developer to be used for the base purchase price and closing costs associated with the'purÂchase of an Eligible Multi-Family Residential Development.
20
"Recapture" means the recapture by CIC or the City of Program Funds from Developers under the Grant Documents as described in Section 4.8.
"Recapture Mortgage" means the recapture mortgage, in a form to be approved by the Corporation Counsel, that shall be recorded with the Office of the Cook County Recorder of Deeds following the closing of a Grant to secure the continuing occupancy requirements set forth in Sections 4.3(h) and 4.8(e) of this Agreement.
"Reservation of Program Funds" means the conditional reservation of funds issued by CIC upon an initial determination of eligibility for the Program by CIC, pursuant to Section 4.3 of the Agreement.
"State" means the State of Illinois.
"Substantial Rehabilitation" means the reconstruction, enlargement, installation, repair, alteration, improvement or renovation of a building, structure or portion thereof (including comÂmercial space in a residential/commercial mixed-use building) requiring a permit issued by the City and costing $10,000.00 or more per Housing Unit to rehabilitate.
"Substantial Rehabilitation Assistance" means the amount of assistance granted to a Developer under this Program that shall be used for the Substantial Rehabilitation of an Eligible Multi-Family Residential Building.
"Supportive Housing" means a residential development that combines housing with soÂcial services, including, but not limited to: job training, life skills training, alcohol and drug abuse counseling, educational programs, and case management.
"TIF Act" means the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended from time to time.
"TIF Area" means a redevelopment project area designated pursuant to the TIF Act.
"Vacant" means a Multi-Family Residential Development, which is lacking the habitual presence of human beings who have a legal right to be on the premises, or at which substantialÂly all lawful residential occupancy has ceased.
ARTICLE III - REPRESENTATIONS. WARRANTIES AND COVENANTS
3.1 Representations and Warranties. In connection with the executions and delivery of this Agreement, CIC represents and warrants to the City that:
(a) CIC is incorporated in the State as a not-for-profit corporation; and is in good stand-
ing in the State;
CIC is financially solvent and able to pay its debts as they mature;
CIC, its' employees, agents and officials are competent and qualified to perform the services required under this Agreement;
CIC has the right, power and authority to execute, deliver and perform, or cause to be performed, this Agreement under the terms and conditions stated herein; CIC has obtained and received all necessary approvals from its Board of Directors and any other required ap-
21
provals which are necessary for CIC to execute and deliver this Agreement and to perform its duties hereunder;
no member of the governing body of the City and no other elected official, appointed official, officer, agent, consultant or employee of the City is employed by CIC or has a financial or economic interest directly in this Agreement or the compensation to be paid hereunder except as may be permitted by the Board of Ethics established pursuant to the Municipal Code of Chicago;
CIC is not in default on any contract or Grant awarded to CIC by the City at the time of the execution of this Agreement, and CIC has not been, within five years preceding the date hereof, in default on any contract or Grant awarded to CIC by the City;
CIC has carefully examined and analyzed the provisions and requirements of this Agreement and, from this analysis, CIC has satisfied itself as to the nature of all things needed for the performance of this Agreement; and the time available to CIC for such examination, analysis, inspection and investigation has been adequate;
this Agreement is feasible of performance by CIC as appropriate, in accordance with all of its provisions and requirements;
(i) except only for those representations, statements or promises expressly contained in
this Agreement and any exhibits attached hereto and incorporated by reference herein, no rep-
resentation, statement or promise, oral or in writing, or of any kind whatsoever, by the City, its
officials, agents or employees, has induced CIC to enter into this Agreement or has been relied
upon by CIC including any with reference to: (A) the meaning, correctness, suitability or com-
pleteness of any provisions or requirements of this Agreement; (B) the general conditions which
may in any way affect this Agreement or its performance; (C) the compensation provisions of
this Agreement; or (D) any other matters, whether similar to or different from those referred to in
(A) through (C) immediately above, affecting or having any connection with this Agreement, the
negotiation hereof, any discussions hereof, the performance hereof or those employed herein or
connected or concerned herewith;
(j) CIC was given ample opportunity and time and was requested by the City to review thoroughly this Agreement prior to execution of this Agreement in order that CIC might request inclusion in this Agreement of any statement, representation, promise or provision which is deÂsired or on which CIC wished to place reliance, that it did so review said documents, and either every such statement, representation, promise or provision has been included in this Agreement or else, if omitted, CIC expressly hereby relinquishes the benefit of any such omitted statement, representation, promise or provision and CIC is willing to perform this Agreement in its entirely without claiming reliance thereon or making any other claim on account of such omission;
(k) there are no actions or proceedings by or before any court or governmental commisÂsion, board, bureau or other administrative agency pending or, to the knowledge of CIC, threatÂened, against or affecting CIC which if adversely determined could materially and adversely afÂfect the ability of CIC to perform hereunder or which might result in any material, adverse change to the financial condition of CIC or may materially affect the property or assets of CIC; and
(I) this Agreement has been executed and delivered by authorized officers of CIC and constitutes a legal, valid and binding obligation of CIC, enforceable in accordance with its terms.
3.2 Covenants. In connection with the execution and delivery of this Agreement, CIC
22
covenants to the City that:
except for its own employees (and except for appraisers and construction inspectors serving as independent contractors), CIC will not use any individual, organization, partnership or corporation to carry out any of the duties or obligations of CIC hereunder, unless (1) CIC first obtains a certification of such individual, organization, partnership or corporation substantially the same as the representations, warranties and covenants contained in this Article III and in Article IV hereof, (2) such certifications shall be addressed and delivered to the City and (3) the City approves, in writing, the use of such individual, organization, partnership or corporation;
all warranties and representations of CIC contained in this Agreement will be true, accurate and complete at the time of each Grant made pursuant to this Agreement, and shall survive the execution, delivery and acceptance hereof by the parties hereto for the length of this Agreement;
CIC shall be subject to, obey and adhere to any and all federal, State and local laws, statutes, ordinances, rules, regulations and executive orders as are now or may be in effect durÂing the term of this Agreement which may be applicable to CIC;
CIC shall remain solvent and able to pay its debts as they mature;
no member of the governing body of the City and no other elected official, appointed official, officer, agent, consultant or employee of the City shall have any personal interest, direct or indirect, in the business of CIC or shall participate in any decision relating to the business of CIC which affects his/her personal interests or the interests of any corporation, partnership or association in which he/she is directly interested;
no former member of the governing body of the City and no former other elected offiÂcial, appointed official, officer, agent, consultant or employee of the City shall, for a period of one year after the termination of such person's term of office or employment, assist or represent CIC in any business transaction involving the City or any of its agencies, if the person participated personally and substantially in the subject matter of the transaction during his/her term of office or employment, provided that if the person exercised contract management authority with reÂspect to this Agreement (including any Grant), this prohibition shall be permanent as to this Agreement;
CIC shall immediately notify the City of any and all events or actions which may maÂterially adversely affect the ability of CIC to carry on its operations or perform any or all of its obligations under this Agreement at any time while this Agreement is in effect;
CIC shall not enter into any other agreement or transaction which would conflict with the performance of the duties of CIC hereunder or under any of the Grant Documents;
(i) during the term of this Agreement, CIC shall continue as an Illinois not-for-profit cor-
poration in good standing under the laws of the State; and
(j) CIC shall enforce all provisions of the Grant Documents in accordance with the terms thereof and shall provide to the City all notices required hereunder or thereunder.
ARTICLE IV - Duties and Obligations 4.1 CIC shall execute and deliver to DOH such documents as may be required by the
23
Corporation Counsel to evidence CIC's participation in the Program, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in substanÂtially the form of Exhibit A attached hereto and incorporated herein.
4.2 (a) In the Eligible TIF Area, CIC shall use Program Funds authorized by the City for
the Eligible TIF Area to provide Purchase Price Assistance and Substantial Rehabilitation As-
sistance to a Developer for the purchase and Substantial Rehabilitation of an Eligible Multi-Fam-
ily Residential Development, consistent with the provisions of this Agreement.
CIC agrees that the total amount of funds available for the Program in the Eligible TIF Area shall' be up to a maximum of $1,000,000 and that there have been no representations, assurances or agreements that any other assistance shall be forthcoming from the City. CIC shall provide written notice to the City when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CIC pursuant to Section 6.5, equals 80% of the Program Funds authorized for the Eligible TIF Area and thereÂafter when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CIC pursuant to Section 6.5, equals 100% of the Program Funds authorized for the Eligible TIF Area. Program Funds are deemed committed for purposes of this Section when CIC has determined the amount of Program Funds to be the subject of a Grant and sent notice of final approval of an Application pursuant to Section 4.3(e) to an eligible Developer. No Grants shall be made or committed to be made by CIC hereunder when such commitment would result in the aggregate amount of Grants, together with all adminÂistrative costs related to such Grants paid to CIC pursuant to Section 6.5, exceeding the amounts authorized for the Eligible TIF Area. No Grants shall be made or committed to be made by CIC hereunder when such commitment occurs after the date of receipt of the notice from the City described in Section 6.2 hereof regarding the termination of this Agreement.
The amount of Program Funds authorized for the Eligible TIF Area may be changed from time to time upon written notice by DOH to CIC, provided that the aggregate amount shall not exceed $1,000,000 (or such other amount as the City may determine from time to time).
4.3 CIC shall manage the Program in the following manner (or as otherwise agreed to
by DOH and CIC):
CIC will work with DOH to provide information to potential Developers about the availability of the Program, including explaining what the Program offers and the income, propÂerty and residency requirements. Program Funds shall be available on a first-come, first-served basis.
CIC shall inform potential Developers of the process and documentation that is reÂquired in order for them to both obtain a Reservation of Program Funds and to receive final apÂproval for the Grant.
Before potential Developers can be declared eligible to receive a Reservation of Program Funds, the potential Developer must complete an Application. CIC shall accept and process Applications in the following manner (or as otherwise agreed to by DOH and CIC):
CIC shall make Application forms available at its main office. CIC shall make emÂployees available in person or over the phone to answer inquiries;
Applications shall also be available by calling CIC, which will mail applications to poÂtential applicants;
24
(iii) Applications must include a sworn statement of contractor and a narrative of the
construction work. Attached to every application shall be a copy of an inspection report for the
proposed property prepared by a licensed and bonded contractor, and any other information
deemed necessary by CIC or DOH; and
(iv) All Applications shall be returned directly to CIC; the City will not accept Ap-
plications.
When Applications are received by CIC, they will be time-stamped and reviewed in the order received. Applications must be complete to be reviewed. CIC shall review all ApÂplications for eligibility, completeness and compliance with the Agreement.
For each potential Developer, CIC shall obtain title information regarding the DevelÂoper and the Multi-Family Residential Development, respectively, and shall verify that rent being charged in the building is, or will be, an Affordable Rent. CIC shall forward the name, address and Social Security number of every applicant to DOH for a scofflaw check. CIC shall perform an initial site visit to verify that the property will qualify. CIC shall approve a scope of work and shall order an appraisal for the property. CIC shall not approve any Application unless a comÂmitment for matching funds required hereunder has been obtained by the Developer.
CIC will notify applicants if their Application has been approved or rejected. Within 10 days of approving or rejecting an Application, CIC shall notify the applicant in writing of such approval or rejection and shall provide the City with a copy of each such notice. All notices of rejection shall include the reasons for such rejection.
While Applications will be reviewed in the order of receipt, funds will be provided to Developers in the order in which the Developers meet all the requirements for funding a Grant hereunder.
If all Program funds in an Eligible TIF Area are fully reserved, CIC will establish a wait list for additional Reservations of Program Funds on a first-come, first-served basis. If a Developer does not use its reserved funds within the required time period, CIC will notify the Developer that the funds are no longer reserved and contact the next Developer on the wait list.
(d) Upon determination by CIC that a Developer is eligible to participate in the ProÂgram, CIC may provide the Developer Purchase Price Assistance and Substantial Rehabilitation Assistance, consistent with the provisions of this Agreement, in the applicable amount as set forth in subsection 4.3(e). As a condition of receiving such assistance, the Developer shall be required to establish at least 50% of the Housing Units in the Multi-Family Residential DevelopÂment as Affordable Rental Housing. If the Development meets one or more of the following criÂteria, then CIC may provide, if approved by DOH, an amount of assistance greater than the Maximum Program Assistance:
Will provide Housing Units for Households earning up to 30 percent of the PMSA Median Income;
Will provide Supportive Housing;
Is located within 500 feet of a school, park, library, or church;
Has been designated as a National or City of Chicago Historic Landmark, is listed on the National Register of Historic Places, or is orange- or red-
25
rated in the Chicago Historic Resources Survey; or
(v) Is located on a block where fifty percent or more of the properties are vacant or foreclosed.
(e) The amount of the Purchase Price Assistance and Substantial Rehabilitation As-
sistance granted to any Developer for an Eligible Multi-Family Residential Development shall be
limited to no greater than 50% of the sum of the Base Purchase Price plus the cost to Substan-
tially Rehabilitate the Eligible Multi-Family Residential Development. Grant funds awarded un-
der this Program shall be provided on a pro-rata basis with the amount of funds required from
the Developer to complete the Development.
The Affordable Rental Housing required by this subsection shall continue to be affordÂable for a period of 15 years after the time of the issuance of the certificate of occupancy (or afÂter the first day of the initial lease, if no such certificate is issued); provided that if a longer term is required by any other applicable law, the longer term shall apply.
The rental of such Affordable Rental Housing created pursuant to this Agreement shall be made only to Households meeting the eligibility criteria.
Prior to the issuance of a building permit to a Developer for any Eligible Multi-Family Residential Development, CIC shall cause a lien, regulatory agreement or similar instrument ("Recapture Mortgage") to be recorded to secure the requirements of this Agreement and the Recapture of the following amounts:
(i) Upon the rental of any Housing Unit required to be Affordable Rental Housing under
this Agreement at a rental price that renders the Housing Unit not Affordable Rental Housing, or
to a Household that does not meet the eligibility criteria, the Developer shall pay a fee of
$500.00 per unit per day for each day that the Developer is in noncompliance; provided that pri-
or to the assessment of the penalty, the Developer shall have 90 days, after written notice from
DOH, to cure the noncompliance. If after 90 days the Developer fails to cure the noncompliance,
the fees shall be assessed from the first day of noncompliance. The 90day time period to cure
the noncompliance may be extended by DOH, for good cause.
(j) Commercial Space Renovation: Program Funds may be used to for the build out of commercial space as part of the Substantial Rehabilitation of an Eligible Multi-Family ResiÂdential Development for identified commercial tenants moving into the Eligible Multi-Family ResÂidential Development. In addition, in situations where the commercial tenants will not be identiÂfied until after the Substantial Rehabilitation is completed, CIC may (but is not required to), in consultation with DOH, reserve Program Funds (either as part of or in addition to the Maximum Program Assistance in DOH's sole discretion) on a conditional basis in addition to the Grant alÂready awarded to the Developer for the Developer to use when a tenant is identified for the commercial space. A signed lease and a scope of work approved by CIC will be required before CIC may award the additional Program Funds being held in reserve to the Developer. The amount of Program Funds that may be set aside shall be limited to a maximum of $80/square foot of the actual cost to build out the commercial space. However, for good cause shown, in situations when the reasonable costs for building out the commercial space exceed this limit (particularly with restaurants), DOH may approve, in its sole discretion, based on a request by CIC for additional Program Funds exceeding this limit be approved. If Program Funds that are reserved go, unused they shall be returned to the Program to be reallocated. .
4.4 CIC shall provide the following services:
26
Technical/Rehabilitation Services. CIC shall assist the Developer in the preparation of detailed plans and specifications for the renovation work. CIC must approve the contractor selected, which must be licensed and properly insured; in its approval, CIC shall consider the financial strength and the technical capability of the contractor. CIC shall review the contract(s) between the Developer and the contractor(s) for the renovation work. While the Developer is not required to use Minority Business Enterprises or Women Business Enterprises for the renoÂvation work, the City shall supply to CIC, and CIC shall make available to each Developer, a current list of contractors and subcontractors which are certified by the City as Minority Business Enterprises or Women Business Enterprises. While the requirements of Section 2-92-330 of the Municipal Code of the City of Chicago (City Resident Employment Requirement) will not apply to the renovation work done pursuant to the Program, CIC shall use its best efforts to recruit and encourage the use of qualified contractors based in Chicago (particularly in the Eligible TIF Area) for the renovation work being funded pursuant to this Agreement.
Requirements for Grants for Eligible Multi-Family Residential Developments. After approving an Application, CIC shall promptly prepare and execute Grant Documents for each Grant. The Grant Documents shall require that:
Program Funds finance only TIF-eligible costs; and
the Grant Funds shall not be provided unless loan proceeds or other funds from the Developer (which loans may, but shall not be required to, be made by CIC) are available to fully finance the purchase and/or rehabilitation of the Multi-Family Residential Development.
Closing. CIC shall promptly close each Grant. Prior to disbursement of any ProÂgram Funds by CIC, CIC shall require each Developer to enter into the Grant Documents. The Grant Documents shall require that the renovation of the Multi-Family Residential Development commences within six months of the date on which a Grant closes. CIC shall provide in all Grant Documents that the City is a third-party beneficiary of the Grant Documents. CIC shall not close each Grant, or provide any Program Funds unless the matching funds described in subsection (b) above are available to the Developer. CIC shall not provide Program Funds to any Developer in an amount in excess of the applicable Maximum Program Assistance; providÂed, that the maximum amount so provided may be increased with the approval of DOH in acÂcordance with Section 4.3(d).
Disbursement of Grant Funds. The City will place the Grant funds for each Eligible TIF Area into an interest-bearing segregated or escrow account established by CIC for this purÂpose. Any income earned on amounts held in the account shall be used at the sole discretion of the City: (i) to make Grants hereunder, or (ii) in such other manner as the City determines. CIC shall disburse funds from this account to the City at the written request of the City if income is earned on amounts held in the account. CIC shall make any such disbursement within 30 days of its receipt of the City=s request. CIC agrees that any disbursements from this account which are later determined to have been made in violation of this Agreement will be repaid to this account by CIC. Pursuant to the Grant Documents, CIC will draw funds from the segregatÂed account as needed to pay for approved TIF-eligible costs to Developers. Prior to disbursing any funds from this account, CIC shall obtain evidence that the costs being paid for are TIF-eliÂgible costs. Each Grant shall be accounted for separately in the records maintained by CIC.
Monitoring.
27
(1) CIC shall specify an employee directly responsible for working on each Grant. CIC
shall provide DOH with notice of the person(s) responsible for these duties and the respective
Grants.
If a Developer breaches any covenant or agreement under the applicable Grant Documents, CIC shall mail notice of such breach to the Developer as provided in the Grant Documents (with a copy to DOH) and shall take such further action consistent with the terms of this Agreement.
CIC shall monitor the progress of the renovation work to confirm compliance with this Agreement and the Grant Documents. CIC shall make a final inspection of the renovation work at its completion to confirm compliance with this Agreement and the Grant Documents.
Reporting. On a quarterly basis during the term hereof, CIC shall submit to the City a report in a form approved by DOH and containing the following information for each Grant closed during the previous quarter, and for each Developer whose Application has been apÂproved: (i) the address of the Multi-Family Residential Development; (ii) the name and address of each Developer for such Multi-Family Residential Development; (iii) the amount ofthe applicÂable Grant and the date of the Grant; (iv) the status of the renovation work on such Multi-Family Residential Development; and (vi) evidence that the maximum rental rates charged in any Multi-Family Residential Development do not exceed the maximum amount permitted under this Agreement. In addition, CIC shall also include the following in such report regarding the ProÂgram as of the end of the preceding quarter: (i) total number of matching loans approved by CIC; (ii) number of renovations in process; (iii) number of renovations completed; (iv) total amount of Grant funds disbursed hereunder, with a description to include how much was disÂbursed for each Multi-Family Residential Development; (v) the total amount of interest earned on Grant funds held by CIC; (vi) evidence that no disbursement would result in the funds disÂbursed by CIC hereunder for any Multi-Family Residential Development exceeding the applicaÂble Maximum Program Assistance; and (vii) the total amount of fees paid to CIC pursuant to Section 6.5. At the end of every quarter, CIC shall deliver a report to the City regarding the apÂplication process and listing (A) the total number of Applications, and (B) the total dollar amount of Grants requested, along with any other information requested by the City.
Marketing. CIC shall make information about the Program, including Applications, readily available to persons applying to become Developers. In connection therewith, CIC shall prepare and distribute brochures and other written materials describing the Program. CIC shall also make appropriate personnel available to speak at seminars to promote and explain the Program and shall conduct other affirmative outreach efforts (including organizing or participatÂing in seminars, conferences and public meetings) to disseminate information about the ProÂgram to the public. CIC shall cooperate (and shall bind its contractors to cooperate) with DOH in any event which DOH may undertake to promote and explain the Program. CIC shall dediÂcate sufficient employee time and resources to respond promptly to inquiries from potential apÂplicants.
The Grant Documents shall require that each rental unit in a Eligible Multi-Family Residential Development bear rents not greater than the Affordable Rent for such unit at any time during the Affordability Period.
The Grant Documents shall require that each Developer who renovates housing asÂsisted with Program Funds maintain the premises in compliance with all State and City code reÂquirements.
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CIC shall be responsible for all actions of any agents, employees, officers of CIC performing any duties or obligations of CIC hereunder.
(a) The Program Funds to be provided to CIC hereunder by the City are a condiÂtional grant, and the use of such funds by CIC and Developers is subject to the compliance by CIC and Developers with certain provisions of this Agreement. The Grant Documents shall provide that Program Funds provided for a Eligible Multi-Family Residential Development shall be subject to Recapture if, at any time during the Affordability Period, the requirements of SecÂtion 4.5 are not met (subject to any applicable cure periods in the Grant Documents) with reÂspect to such unit. The amount subject to Recapture shall be calculated as follows, based on when the requirements of Section 4.5 are not met (subject to cure periods as indicated above): if the event of noncompliance takes place within the first year after the applicable Grant has been fully disbursed, then the full amount of the Grant will be subject to Recapture; on the first anniversary of the date that the applicable Grant was fully disbursed, the amount so subject to Recapture will be reduced by 1/15 of the amount of the applicable Grant; and the amount subÂject to Recapture will be reduced by a like amount each succeeding anniversary, so that on the fifteenth anniversary the amount subject to Recapture will be zero.
Upon the occurrence of any event set forth in paragraph (a) of this Section, CIC shall immediately notify DOH of the occurrence of such event and shall take any or all necessary acÂtion to Recapture the aggregate amount of Program Funds provided to each Developer with reÂspect to the Eligible Multi-Family Residential Development, including any late payment penalties due under any of the Grant Documents.
Any monies Recaptured by CIC shall be returned to the City. Funds so recaptured with respect to any Eligible Multi-Family Residential Development may be used only with reÂspect to costs in the tax increment financing redevelopment area in which the Eligible Multi-Family Residential Development is located.
CIC shall include the provisions ofthis Section in the Grant Documents.
The Recapture right of the City will be secured by a lien, recorded at the time the Grant Documents are signed against the real property on which each Eligible Multi-Family ResiÂdential Development is located ("Recapture Mortgage"). The lien shall be in a form acceptable to the City and will be recorded by CIC at no expense to the City. The lien will reflect that the amount subject to Recapture will decline over time.
4.9 The City authorizes CIC to act, subject to the limitations contained herein and in ac-
cordance with the provisions of this Agreement: (i) to manage and service the Grants; (ii) to en-
force or to refrain from enforcing the Grant Documents for each Grant; (iii) to give consents or
approvals in connection with the Grant Documents for each Grant; (iv) to take or refrain from
taking any action and make any determination provided for herein or in the Grant Documents;
and (v) to exercise all such powers as are incidental thereto.
In its marketing efforts regarding the Program, the City shall notify potential ProÂgram applicants that there will be a matching funds requirement (as set forth in Section 4.4(b) hereof).
Insurance.
(a) CIC must provide and maintain at its own expense, except as may be otherwise proÂvided herein, during the term of this Agreement and during the time period following expiration if CIC is required to return and perform any of the work or services under the agreement, the in-
29
surance coverages and requirements specified below, insuring all operations related to the Agreement.
Workers Compensation and Employers Liability
Workers Compensation Insurance, as prescribed by applicable law covering all employÂees who are to provide work under this Contract and Employers Liability coverage with limits of not less than $500,000 each accident, illness or disease.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent with limits of not less than $2,000.000 per occurrence for bodily injury, personal injury, and property damage liabiliÂty. Coverages must include the following: All premises and operations, products/comÂpleted operations and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City of Chicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work or serÂvices.
Subcontractors performing work for CIC must maintain limits of not less than $1,000.000 with the same terms herein.
Automobile Liability (Primary and Umbrella)
When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, CIC must provide Automobile Liability Insurance with limits of not less than $1,000,000 occurrence for bodily injury and property damage. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis.
Errors & Omissions/Professional Liability
When any Program Managers/Administrators or any other professional consultants perÂform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $1.000.000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claim-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
Valuable Papers
When any media, data, records, reports, application and other documents are produced or used under this Contract, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re-creation and reconstruction of such records.
Blanket Crime
CIC must provide Blanket Crime coverage covering all persons handling funds under this Agreement against loss by dishonesty, robbery, burglary, theft, destruction, or disapÂpearance, computer fraud, credit card forgery, and other related crime risks. The policy limit must be written to cover losses in the amount of maximum monies/funds collected, received and in the possession of CIC at any given time.
Property
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CIC is responsible for all loss or damage to City property at full replacement cost that results from this Agreement.
CIC is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by CIC.
b) CIC must furnish the City of Chicago, Department of Housing, City Hall, Room 1006, 121 North LaSalle Street 60602, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. CIC must submit evidence of insurance on the City of Chicago Insurance CertifiÂcate Form (copy attached) or equivalent prior to execution of the Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements. The failure of the City to obtain certificates or other insurance evidence from CIC is not a waiver by the City of any requirements for CIC to obtain and mainÂtain the specified coverages. CIC must advise all insurers of the Agreement provisions regardÂing insurance. Non-conforming insurance does not relieve CIC of the obligation to provide inÂsurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violaÂtion of the Agreement, and the City retains the right to stop work until proper evidence of insurÂance is provided, or the Agreement may be terminated.
The insurance must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed.
Any deductibles or self-insured retentions on referenced insurance coverages must be borne by CIC.
CIC hereby waives and agrees to require their insurers to waive their rights of subrogaÂtion against the City of Chicago, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by CIC in no way limit CIC's liabilities and responsiÂbilities specified within this Agreement or by law.
Any insurance or self-insurance programs maintained by the City of Chicago do not conÂtribute with insurance provided by CIC under this Agreement.
The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
If CIC is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
CIC must require all subcontractors to provide the insurance required herein, or CIC may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of CIC unless otherwise specified in this Agreement.
If CIC or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost.
Notwithstanding any provision in the Agreement to the contrary, the City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these require-
31
merits, and the City shall promptly notify CIC of any such changes.
ARTICLE V - Events of Default; Remedies
5.1 Events of Default Defined. The following, subject to the notice and cure proviÂsions of Section 5.2 hereof, shall each constitute an Event of Default hereunder:
any material misrepresentation, whether negligent or willful and whether in the inÂducement or in the performance of this Agreement, made by CIC to the City;
failure by CIC to perform any of its duties or obligations under this Agreement;
any change in ownership or control of CIC without prior written notification to the
City;
(d) the dissolution of CIC or the entry of a decree or order for relief by a court having
jurisdiction with respect to CIC in an involuntary case under the federal bankruptcy laws, as now
or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other
similar law, or appointing a receiver, liquidator, assignee, custodian, trustee or sequestrator (or
other similar official) of CIC or for any substantial part of the property thereof or ordering the
winding-up or liquidation of the affairs of CIC and the continuance of any such decree or order
unstayed and in effect for a period of 30 consecutive days;
the commencement by CIC of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by CIC to the appointment of or taking possession by a reÂceiver, liquidator, assignee, trustee, custodian or sequestrator (or other similar official) of CIC or of any substantial part of the property of CIC or of any royalties, revenues, rents, issues or profÂits therefrom, or the making by CIC of any assignment for the benefit of creditors or the failure of CIC generally to pay its respective debts as such debts become due or the taking of action by CIC in furtherance of any of the foregoing;
a final judgment for the payment of money in excess of $100,000 shall be rendered by a court of competent jurisdiction against CIC, and CIC shall not discharge the same or proÂvide for its discharge in accordance with its terms, or procure a stay of execution thereof, within 60 days from the date of entry thereof, or such longer period during which execution of such judgment shall have been stayed;
default by CIC under any other agreement which CIC may currently have or may enÂter into with the City during the term of this Agreement; or
a failure by CIC to fulfill its obligations under any Grant Documents.
5.2 Remedies. If any event referred to in Section 5.1 hereof cannot reasonably be cured within 30 days after receipt of notice given in accordance with the terms of this AgreeÂment, or if CIC has failed, in the sole opinion of the City, to commence and continue diligent efÂforts to cure such event, the City may, at its sole option, declare an Event of Default hereunder. Whether to declare an Event of Default hereunder is within the sole discretion of the City and neither that decision nor the factual basis for it is subject to review or challenge under this Agreement. Written notification of, or that results in, an Event of Default, and any intention of the City to terminate this Agreement, shall be provided to CIC and such decision shall be final and effective upon receipt of such notice pursuant to Section 6.14 hereof and failure to cure
32
within the stated applicable cure period. Upon the giving of such notice, the City may invoke any or all of the following remedies:
the right to terminate this Agreement as to any or all of the services yet to be perÂformed effective at a time specified by the City;
the right of specific performance, an injunction or any other appropriate equitable remedy;
the right to money damages;
the right to withhold all or any part of the compensation of CIC hereunder; and
the right to deem CIC non-responsible in future contracts to be awarded by the
City.
If the City considers it to be in its best interests, it may elect not to declare an Event of Default hereunder or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of the City and that if the City permits CIC to continue to provide the serÂvices despite one or more Events of Default, CIC shall in no way be relieved of any of its reÂsponsibilities, duties or obligations under this Agreement nor shall the City waive or relinquish any of its rights thereby.
The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No deÂlay or failure to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed as a waiver of any Event of Default or acquiesÂcence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient.
ARTICLE VI - General Provisions
Duration of the Agreement. This Agreement shall commence on the date of execuÂtion and delivery hereof and, unless earlier terminated pursuant to this Agreement, shall termiÂnate when the last Grant payment is made by CIC hereunder.
Termination. The City may terminate this Agreement for convenience upon thirty (30) days written notice from the City. In such event, all rights and obligations running to and from each party shall be terminated and of no further force and effect; provided that CIC shall be obligated to maintain all records and monitoring obligations with respect to any Grant made in accordance with the terms of this Agreement for a period of five years after the date of the Grant and provided that the City pays for all grant commitments properly made up to the point of terÂmination pursuant to this Agreement.
Indemnification. CIC shall pay, indemnify and save the City and the City's officers, employees and agents harmless of, from and against, any and all losses incurred by any such party under this Agreement and any claim brought by reason of any such loss due to CIC's negÂligence, bad faith or willful misconduct. In the event that any claim is brought against the City or any of the City's officers, employees or agents, by reason of any such loss, CIC, upon notice from the City, covenants to resist and defend such claim on behalf of the City and the City's offiÂcers, employees and agents.
33
6.4 Non-Liability of Public Officials. No official, employee or agent of the City shall be charged personally by CIC or by any assignee or subcontractor of CIC with any liability or exÂpenses of defense or shall be held personally liable to CIC, or any assignee or subcontractor of CIC under any terms or provisions of this Agreement because of the City's execution or atÂtempted execution hereof or because of any breach hereof.
Compensation. CIC shall not charge any Eligible Homebuyer any fees or charges for a Grant hereunder. The only compensation received by CIC for performance under this Agreement shall be in accordance with this Section 6.5, as follows:
CIC shall be entitled to compensation hereunder in an amount equal to 3 percent (3%) of the aggregate Program Funds paid by the City for each Eligible Property if CIC is the senior lender or an amount equal to 5 percent (5%) if CIC is not the senior lender.
The City shall not be responsible for the payment of any fees other than as set forth in this Section.
Documentation of Costs and Income: Records and Availability. All TIF-eligible costs paid from the proceeds of a Grant shall be supported by properly executed invoices, contracts or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the TIF-eligible costs. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be maintained by CIC and shall be clearly identified and readily accessible to the City upon written request.
CIC shall maintain records evidencing compliance with the all requirements of the ProÂgram for each Eligible Property which is the subject of a Grant, including the provisions of SecÂtion 4.5. Such records shall be maintained for a period of five years after the date of the Grant. All Grant Documents shall be held by CIC for the benefit of the City during the term of this Agreement and for five years thereafter. Upon the written request of the City, CIC shall provide the City with access to and copies of such records.
At any time during normal business hours and as often as the City may deem necessary, CIC shall make available to the City (i) all of its records with respect to matters covered by this Agreement and (ii) access to its employees who have knowledge about the matters covered by this Agreement. CIC shall permit the City to audit, examine and make excerpts or transcripts from such records, and to make copies of records relating to personnel, conditions of employÂment and other data covered by this Agreement.
At any time during normal business hours and as often as the City may deem necessary, each Eligible Homebuyer shall make available to the City the Eligible Property and records relatÂing to tenants of the unit, if any, in order for the City to verify compliance with this Agreement, including Section 4.5. CIC shall include this requirement in the Grant Documents.
Non-discrimination. CIC agrees it shall be an unlawful employment practice for CIC (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, or the terms, conditions, or privileges of his emÂployment, because of such individual's race, color, religion, sex, age, handicap or national oriÂgin; or (2) to limit, segregate, or classify its employees or applicants for employment in any way which would deprive or tend to deprive any individual in any way of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color religion, sex, age, handicap or national origin.
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CIC shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity clause, 56 III. Admin. Code 2520 Appendix G. Furthermore, CIC shall comply with and shall cause any contractor utilized under this Agreement to comply with the Discrimination in Public Contracts Act, 775 ILCS 10/0.01, et seq.
Citv Requirements. CIC shall comply with the Chicago Human Rights Ordinance, ch. 2.160, Section 2-160-010 et seg. of the Chicago Municipal Code (1990); and the Chicago Fair Housing Regulations ch. 5-8, Section 5-8-010 et seq. of the Chicago Municipal Code (1990).
CIC agrees to furnish and to cause each of its subcontractor(s) to furnish such reports and information as requested by the Chicago Commission on Human Relations.
Assignment. CIC may not assign, sell, transfer or delegate any of its duties or obligations under this Agreement without the prior written consent of the City. The City may asÂsign, sell, transfer or otherwise dispose of any of its rights hereunder, in whole or in part, without the permission of CIC.
Savings Clause. In case any provision of this Agreement is held to be invalid, illeÂgal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
Entire Agreement. This Agreement and the incorporated Exhibits constitute the entire Agreement and may not be modified, altered or amended unless agreed to by both parÂties in writing. Any waiver or any provision of this Agreement must be executed in writing by the party granting the waiver and such waiver shall not affect any other rights of the party granting the waiver or act to affect any other duty or obligation of the party receiving the waiver.
Counterparts. This Agreement is composed of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal efÂfect.
Headings. The headings and titles of this Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement.
Notices. Unless otherwise specified, any notice, demand or request hereunder shall be given in writing at the addresses set forth below, by any of the following means: (a) personal service; (b) electronic communications, whether by telex, telegram or telecopy; (c) overnight courier; or (d) registered or certified mail, return receipt requested.
IF TO CITY:
Department of Housing City of Chicago
121 North LaSalle Street, Room 1006 Chicago, Illinois 60602 Attention: Commissioner
35
WITH COPIES TO:
Office of the Corporation Counsel City of Chicago City Hall, Room 600 121 North LaSalle Street Chicago, Illinois 60602
Attention: Finance & Economic Development Division and
Department of Finance City of Chicago
33 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attention: Comptroller
IF TO CIC:
Community Investment Corporation 222 South Riverside Plaza, Suite 2200 Chicago, Illinois 60606 Attention: President
Such addresses may be changed by notice to the other parties given in the same manÂner provided above. Any notice, demand or request sent pursuant to either clause (a) or (b) above shall be deemed received upon such personal service or upon dispatch by electronic means. Any notice, demand or request sent pursuant to clause (c) above shall be deemed reÂceived on the business day immediately following deposit with the overnight courier and any notice, deemed or request sent pursuant to clause (d) above shall be deemed received two business days following deposit in the mail.
6.15 Governing Law. This Agreement shall be governed by and construed in accorÂdance with the internal laws of the State without regard to its conflict of laws principles.
Approval. Wherever in this Agreement provision is made for the approval or conÂsent of the City, or any matter is to be to the City's satisfaction, or the like, unless specifically stated to the contrary, such approval, consent, satisfaction or the like shall be made, given or determined by the City in its sole discretion, subject to the review by the Corporation Counsel. Any such approval, consent or other determination shall be made by the Commissioner of the Department of Housing, or any designee thereof, in his or her role as administering this AgreeÂment for the City.
Standard of Performance. CIC shall at all times act in the best interest of the City, consistent with the professional obligations assumed by it in entering into this Agreement. CIC shall perform, or cause to be performed, all services hereunder in accordance with the terms and conditions of this Agreement and to the reasonable satisfaction of the City. Any review, apÂproval, acceptance or payment for any and all of the services by the City shall not relieve CIC of its responsibility for the professional accuracy and due diligence of its services. This provision in no way limits the City's rights against CIC either under this Agreement or otherwise, at law or in equity.
6.18 References to Statutes, etc. All references herein to statutes, regulations, rules,
36
executive orders, ordinances, resolutions or notices or circulars issued by any governmental body shall be deemed to include any and all amendments, supplements and restatements from time to time to or of such statutes, regulations, rules, executive orders, ordinances, resolutions, notices and circulars.
6.19 No Contractor Inducements. CIC shall comply with Chapter 2-156 of the Municipal
Code of Chicago, "Governmental Ethics", including but not limited to Section 2-156-120 of such
Chapter, pursuant to which no payment, gratuity or offer of employment shall be made in con-
nection with any City contract, by or on behalf of a subcontractor to the prime contractor or
higher tier subcontractor or any person associated therewith, as an inducement for the award of
a subcontract or order. Any contract negotiated, entered into, or performed in violation of any of
the provisions of such Chapter 2-156 shall be voidable as to the City.
6.20 No Business Relationship with Citv Elected Officials. Pursuant to Section
2-156-030(b) of the Municipal Code of Chicago, it is illegal for any elected official of the City, or
any person acting at the direction of such official, to contact, either orally or in writing, any other
City official or employee with respect to any matter involving any person with whom the elected
official has a ABusiness Relationship© (as defined in Section 2-156-080 of the Municipal Code
of Chicago), or to participate in any discussion of any City Council committee hearing or in any
City Council meeting or to vote on any matter involving the person with whom an elected official
has a Business Relationship. Violation of Section 2-156-030(b) by any elected official, or any
person acting at the direction of such official, with respect to this Agreement, or in connection
with the transactions contemplated hereby, shall be grounds for termination of this Agreement
and the transactions contemplated hereby. CIC hereby represents and warrants that, to the
best of its knowledge after due inquiry, no violation of Section 2-156-030(b) has occurred with
respect to this Agreement or the transactions contemplated hereby.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the City and CIC have executed this Agreement as of the date first set forth above.
CITY OF CHICAGO
By:
Commissioner of Housing
COMMUNITY INVESTMENT CORPORATION
By:
Its: President
38
EXHIBIT A to the Agreement
Form of Counsel's Opinion
[to be placed on attorney's letterhead]
, 2021
Office of the Corporation Counsel City of Chicago City Hall, Room 600 121 North LaSalle Street Chicago, Illinois 60602
Attention: Finance & Economic Development Division
RE: Vacant Building TIF Purchase and Rehabilitation Program Agreement (the "Agreement") Ladies and Gentlemen:
I have acted as Corporate General Counsel for Community Investment Corporation, an Illinois not-for-profit corporation ("CIC"), in connection with the execution and delivery of the Agreement by and among CIC and the City of Chicago, acting by and through its Department of Housing (the "City"). CIC has requested that this opinion be furnished to the City.
In so acting as Corporate General Counsel for CIC I have examined:
an executed original of the Agreement;
the Articles of Incorporation, including all amendments thereto, of CIC as furÂnished and certified by the Secretary of State of the State of Illinois;
the By-Laws of CIC, as certified by the Secretary of CIC as of the date hereof;
and
the Certificate of Good Standing dated , issued by the Office of the
Secretary of State of the State of Illinois, as to the good standing of CIC.
In my capacity as Corporate General Counsel, I have also examined such other docuÂments or instruments as I have deemed relevant for the purposes of rendering the opinions hereinafter set forth.
I have also assumed, but have no reason to question, the legal capacity, authority and the genuineness of the signatures of and due and proper execution and delivery by the respecÂtive parties other than CIC which has made, executed or delivered or will make, execute and deliver the agreements and documents examined by me.
I express no opinion as to (i) the laws of any state or jurisdiction other than the State of Illinois (and any political subdivisions thereof) and the United States of America; and (ii) any matters pertaining or relating to the securities laws of the United States of America, the State of Illinois or any other state.
Based upon and subject to the assumptions and qualifications herein stated, it is my opinion that:
39
CIC is a not-for-profit corporation, duly organized and validly existing under the laws of the State of Illinois, CIC has made all filings required by the laws of the State of Illinois in respect of its formation and continuing existence, and has all requisite authority to carry on its business and to execute and deliver, and to consummate the transactions contemplated by, the Agreement.
The Agreement has been duly executed and delivered on behalf of CIC, and constitutes a legal, valid and binding obligation of CIC, enforceable against CIC in accordance with its terms, except to the extent that enforcement of any such terms may be limited by: (a) applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) judicial and public policy limitations upon the enforceÂment of certain remedies including those which a court of equity may in its discretion decline to enforce.
To my knowledge, there is no action, suit or proceeding at law or in equity pendÂing, nor threatened, against or affecting CIC, before any court or before any governmental or administrative agency, which if adversely determined could materially and adversely affect the ability of CIC to perform under the Agreement or any of its business or properties or financial or other conditions.
The transactions contemplated by the Agreement are governed by the laws of the State of Illinois.
The execution and delivery of the Agreement and the consummation of the transactions contemplated thereby will not constitute:
a violation or breach of (i) the Articles of Incorporation of CIC, (ii) the By-Laws of CIC, (iii) any provision of any contract or other instrument to which CIC is bound, or (iv) any orÂder, writ, injunction, decree, statute, rule or regulation binding on CIC; or
a breach of any of the provisions of, or constitute a default under, or result in the creation or imposition of any lien or encumbrance upon any of the property of either CIC purÂsuant to, any agreement or other instrument to which CIC is a party or by which CIC is bound.
40
6. No action of, or filing with, any governmental or public body is required to authorize, or is otherwise required for the validity of, the execution, delivery and performance of any of the Agreement.
This opinion is furnished for your benefit and may be relied upon by you and any such other party in connection with the Agreement, but may not be delivered to or relied upon by any other person or entity without written consent from the undersigned.
Very truly yours,
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT and AFFIDAVIT Related to Contract/Amendment/Solicitation EDS # 162545
SECTION I -- GENERAL INFORMATION
Legal name of the Disclosing Party submitting the EDS:
Community Investment Corporation Enter d/b/a if applicable:
The Disclosing Party submitting this EDS is:
the Applicant
Business address of the Disclosing Party:
222 S. Riverside Plaza, Suite 380 Chicago, IL 60606 United States
Telephone:
312-371-1367 Fax:
Name of contact person:
Jonah Hess
F. Brief description of contract, transaction or other undertaking (referred to below the "Matter") to which this EDS pertains:
Vacant Building TIF Purchase and Rehabilitation Program
G. Which City agency or department is requesting this EDS?
DEPARTMENT OF HOUSING
Specification Number
Contract (PO) Number
Revision Number
Release Number
User Department Project Number
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
Not-for-profit corporation
Is the Disclosing Party also a 501(c)(3) organization?
Yes
Is the Disclosing Party incorporated or organized in the State of Illinois?
Yes
DISCLOSING PARTY IS A LEGAL ENTITY:
1 .a.1 Does the Disclosing Party have any directors?
Yes
1 .a.3 List below the full names and titles of all executive officers and all directors, if any, of the entity. Do not include any directors who have no power to select the entity's officers.
Officer/Director: John G . Markowski
Title: Director / President
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Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Officer/Director: Title: Role:
Officer/Director:
Both
Michael Ciaccia
Treasurer
Off icer
Karen B. Case
Director
Director
David A. Dykstra
Chairman
Officer
Mitchell Feiger Di rector Director
Scott Ferris
Director
Director
Timothy C. Hadro
Director
Director
John C. Hein
Director
Director
R. Patricia Kelly
Director
Director
Robert S. Marjan
Director
Director
Angelica Marks
Director
D i. rector
Frank Pettaway
Title: Role:
Vice Chairman Officer
Officer/Director:
Title:
Role:
Andy Salk
Director
Director
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Thurman Smith
Director
Director
Daniel G. Watts Director-Director
Officer/Director:
Title:
Role:
Nicholas J. Brunick Secretary & General Counsel Officer
Officer/Director:
Title:
Role:
John Crane
Senior Vice President Officer
Officer/Director:
Title:
Role:
Marie Doladee Vice President Officer
Officer/Director:
Title:
Role:
Giuseppe R. Papavero
Controller
Officer
Officer/Director:
Title:
Role:
Monica Kirby Assistant Secretary Officer
Officer/Director:
Title:
Role:
Collete English Dixon
Director
Director
Officer/Director: Title: Role:
Jeff C. Newcom
Director
Director
Officer/Director:
Vice President
Officer
Officer/Director:
Vice President
Officer
1 .a.5 Are there any members of the not-for-profit Disclosing Party which are legal entities?
No
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
A. 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?
No
B. 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?
No
D. 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 ("MCC")) in the Disclosing Party?
No
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.
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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.
1. Has the Disclosing Party retained or does it anticipate retaining any legal entities in connection with the Matter?
No
3. Has the Disclosing Party retained or does it anticipate retaining any persons in connection with the Matter?
No
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 of any child support obligations by any Illinois court of competent jurisdiction?
Not applicable because no person directly or indirectly owns 10% or more of the Disclosing Party
FURTHER CERTIFICATIONS
[This certification 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 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).
I cert.i i:y the- above to be true
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
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taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
I certify the above to be true
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.
I certify the above to be true
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapter 2-56 (Inspector General) and Chapter 2-156 (Governmental Ethics).
I certify the above to be true
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 Aff|liatedJEntity, 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 of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
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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)i6)iM_LniLmum Wage Ordinance).
I certify the above to be true
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
bid-rigging in violation of 720 ILCS 5/33E-3;
bid-rotating in violation of 720 ILCS 5/33E-4: or
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.
I certify the above to be true
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.
I certify the above to be true
[FOR APPLICANT ONLY]
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
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.
I certify the above to be true
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9. [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")
I certify the above to be true
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/ subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
I certify the above to be true
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.
None
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.
None
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies, as defined in MCC Section 2-32-455(b), the Disclosing Party
is a "financial institution" 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 of the privilege of doing business with the City."
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The Disclosing Party
makes the above pledge
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.
1. In accordance with MCC Section 2-156-11.0: 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?
No
CERTIFICATION REGARDING SLAVERY ERA BUSINESS
If the Disclosing Party cannot make this verification, the Disclosing Party must disclose all required information in the space provided below or in an attachment in the "Additional Info" tab. 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.
I can make the above verification
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
Is the Matter federally funded? For the purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
Mo
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
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The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with this ordinance.
I acknowledge and consent to the above
The Disclosing Party understands and agrees that:
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.
T acknowledge and consent to the above
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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, 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?
No
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.
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1. Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416??
No
APPENDIX C-PROHIBITION ON WAGE & SALARY HISTORY SCREENING
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. 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.
This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(1).
N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385.
ADDITIONAL INFO
Please add any additional explanatory information here. If explanation is longer than 1000 characters, you may add an attachment below. Please note that your EDS, including all attachments, becomes available for public viewing upon contract award. Your attachments will be viewable "as is" without manual redaction by the City. You are responsible for redacting any non-public information from your documents before uploading.
List of vendor attachments uploaded by City staff
None .
List of attachments uploaded by vendor
None .
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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. Submission of this form constitutes making the oath associated with notarization.
/s/ 05/03/2021 Jonah Hess Director of CM
Community Investment Corporation
This is a printed copy of the Economic Disclosure Statement, the original of which is filed electronically with the City of Chicago. Any alterations must be made electronically, alterations on this printed copy are void and of no effect.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT and AFFIDAVIT Related to Contract/Amendment/Solicitation EDS # 162639
SECTION I - GENERAL INFORMATION
Legal name of the Disclosing Party submitting the EDS:
Neighborhood Housing Services of Chicago, Inc. Enter d/b/a if applicable:
The Disclosing Party submitting this EDS is:
the Applicant
Business address of the Disclosing Party:
1279 N. Milwaukee Avenue 4th Floor Chicago, IL 60622 United States
Telephone:
773-329-4203 Fax:
773-329-4062
Name of contact person:
Danketta Holt
F. Brief description of contract, transaction or other undertaking (referred to below the "Matter") to which this EDS pertains:
TIF PR
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G. Which City agency or department is requesting this EDS?
DEPARTMENT OF HOUSING
Specification Number
Contract (PO) Number
Revision Number
Release Number
User Department Project Number
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
Not-for-profit corporation
Is the Disclosing Party also a 501(c)(3) organization?
Yes
Is the Disclosing Party incorporated or organized in the State of Illinois?
Yes
DISCLOSING PARTY IS A LEGAL ENTITY: 1.a.1 Does the Disclosing Party have any directors?
Yes
1 .a.3 List below the full names and titles of all executive officers and all directors, if any, of the entity. Do not include any directors who have no power to select the entity's officers.
Officer/Director: Mr. Bruce Martin
Title: Director
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Di rector
Officer/Director:
Title:
Role:
Officer/Director:
Title:
Role:
Mr. William Towns
Director
Di rector
Mr. Robert McGhee
Chairperson
Both
Officer/Director:
Title:
Role:
Mr. Tony Smith
Director
Director
Officer/Director:
Title:
Role:
Mr. Matthew Roth Treasurer/Director Both
Officer/Director:
Title:
Role:
Mr. Steven J. Casey
Director
Director
Officer/Director:
Title:
Role:
Mr. Ramon Cepeda
Director
Director
Officer/Director:
Title:
Role:
Ms. Angela Hu.r.l.ock
Director
Director
Officer/Director:
Title:
Role:
Mr. Abraham Lacey
Director
Director
Officer/Director:
Title:
Role:
Ms. Donna Clarke Chief Operating Officer-Officer
Officer/Director:
Title:
Role:
Mrs. Robin Coffey Chief Credit Officer Officer
Mrs. Cynthia Love
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Title: Role:
Board Member Officer
Mr. Lawrence Grisham
Board of Director
Officer
Officer/Director:
President
Officer
1 .a.5 Are there any members of the not-for-profit Disclosing Party which are legal entities?
No
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
A. 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?
No
B. 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?
No
D. 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 ("MCC")) in the Disclosing Party?
No
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
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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.
1. Has the Disclosing Party retained or does it anticipate retaining any legal entities in connection with the Matter?
No
3. Has the Disclosing Party retained or does it anticipate retaining any persons in connection with the Matter?
No
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 of any child support obligations by any Illinois court of competent jurisdiction?
Not applicable because no person directly or indirectly owns 10% or more of the Disclosing Party
FURTHER CERTIFICATIONS
1. [This certification 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 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).
I certify the above to be true
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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.
I certify the above to be true
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.
I certify the above to be true
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapter 2-56 (Inspector General) and Chapter 2-156 (Governmental Ethics).
I certify the above to be true
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:
a. 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
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any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
I certify the above to be true
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
bid-rigging in violation of 720 ILCS 5/33E-3:
bid-rotating in violation of 720 ILCS 5/33E-4; or
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.
I certify the above to be true
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.
I certify the above to be true
[FOR APPLICANT ONLY]
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
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.
J. certify the above to be true
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9. [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")
I certify the above to be true
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/ subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
I certify the above to be true
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.
None
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.
None
CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies, as defined in MCC Section 2-32-455(b), the Disclosing Party
is not a "financial institution"
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.
1. 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
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financial interest in his or her own name or in the name of any other person or entity in the Matter?
No
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
If the Disclosing Party cannot make this verification, the Disclosing Party must disclose all required information in the space provided below or in an attachment in the "Additional Info" tab. 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.
I can make the above verification
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
Is the Matter federally funded? For the purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
No
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from
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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.
J. acknowledge and consent to the above The Disclosing Party understands and agrees that:
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.
I acknowledge and consent to the above
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
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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 M.B.I .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?
No
APPENDIX B - BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
1. Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416??
No "
APPENDIX C-PROHIBITION ON WAGE & SALARY HISTORY SCREENING
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
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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, 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.
This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(1).
N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385.
ADDITIONAL INFO
Please add any additional explanatory information here. If explanation is longer than 1000 characters, you may add an attachment below. Please note that your EDS, including all attachments, becomes available for public viewing upon contract award. Your attachments will be viewable "as is" without manual redaction by the City. You are responsible for redacting any non-public information from your documents before uploading.
None
List of vendor attachments uploaded by City staff
None .
List of attachments uploaded by vendor
None .
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. Submission of this form constitutes making the oath associated with notarization.
/s/ 05/05/2021 Danketta Holt
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Accounting Manager
Neighborhood Housing Services of Chicago, Inc.
This is a printed copy of the Economic Disclosure Statement, the original of which is filed electronically with the City of Chicago. Any alterations must be made electronically, alterations on this printed copy are void and of no effect.
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CERTIFICATE OF FILING FOR
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT
EDS Number: 162545 Certificate Printed on: 05/03/2021
Disclosing Party: Community Investment
Corporation
Filed by: Jonah Hess
Matter: Vacant Building TIF Purchase and Rehabilitation Program
Applicant: Community Investment Corporation Specification //: Contract #:
Date of This Filing:05/03/2021 04:15 PM Original Filing Date:05/03/2021 04:15 PM
TitIe:Director of CII
The Economic Disclosure Statement referenced above has been electronically filed with the City. Please provide a copy of this Certificate of Filing to your city contact with other required documents pertaining to the Matter. For additional guidance as to when to provide this Certificate and other required documents, please follow instructions provided to you about the Matter or consult with your City contact.
A copy of the EDS may be viewed and printed by visiting .chicago.gov/eds and entering the EDS number into the EDS Search. Prior to contract award, the filing is accessible online only to the disclosing party and the City, but is still subject to the Illinois Freedom of Information Act. The filing is visible online to the public after contract award.
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