OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
MAYOR
April 27, 2022
TO i llK HONORABLE. THE CITY COUNCIL OF THF CITY OF CHICAGO
Ladies and Gentlemen:
Al the request ofthe Commissioner of Planning and Development, 1 transmit herewith ordinances authorizing a favorable tax siatus for specified properties located in the City.
Your favorable consideration of these ordinances will be appreciated.
Ordinance
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Section 6(a), Article Vll ofthe 1970 Constitution ofthe State of Illinois authorized to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Tax Incentive Ordinance, Classification System for Assessment, as amended from time to time (the "County Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance, and occupy property which is located within Cook County, and which is used primarily for industrial purposes; and
WHEREAS, the City, consistent with the County Ordinance, wishes to induce industry to locate, expand and remain in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, on July 7, 1999, the City Council ofthe City (the "City Council") enacted a resolution supporting and consenting to the Class 6b classification of certain real estate located generally at West 77th Street and West Columbus Avenue in Chicago, Illinois (the "Property") by the Office of the Assessor of Cook County, Illinois (the "Assessor"); and
WHEREAS, on or about December 1999, Gateway Park, LLC, an Illinois limited liability company ("Applicant") took title to the Property, and the 6b application for a portion of the Property was not filed until March 2000; and
WHEREAS, on or about September 2003, Applicant completed construction of a 669,000 square foot industrial building (the "Building") on a part of the Property and leased it to tenants; and
WHEREAS, on June 9, 2010, the City Council enacted an ordinance, which, among other actions, approved, supported, and consented to renew the Class 6b classification for certain real estate within the Property owned by Applicant; and
WHEREAS, Applicant is the owner of certain real estate located generally at 2800-2850 W. Columbus Avenue, Chicago, Illinois 60629 (the "Subject Property"), with the Subject Property located within the Property area, and containing the Building, with the Subject Property legally described in Exhibit A; and
WHEREAS, Applicant presently leases most of the Building to a single tenant who uses its space for light assembly, processing, and distribution; and
WHEREAS, contingent on approval of the 6b classification renewal, Applicant's tenant plans to renew its current lease in the Building, expand its leasehold to lease the entire Building to expand its operations, invest approximately $5,000,000 in leasehold and equipment upgrades, and hire approximately 50 new employees: and
WHEREAS, the Applicant has filed an application for renewal ofthe Class 6b classification with the Assessor pursuant to the County Ordinance; and
WHEREAS, it is the responsibility of the Assessor to determine that an application for a Class 6b classification or renewal of a Class 6b classification is eligible pursuant to the County Ordinance; and
WHEREAS, the County Ordinance requires that, in connection with the filing of a Class 6b renewal application with the Assessor, an applicant must obtain from the municipality in which such real estate is located an ordinance expressly stating, among other things, that the municipality has determined that the industrial use of the property is necessary and beneficial to the local economy and that the municipality supports and consents to the renewal of the Class 6b classification; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: The above recitals are hereby expressly incorporated as if fully set forth
herein.
SECTION 2: The City hereby determines that the industrial use of the Subject Property is necessary and beneficial to the local economy in which the Subject Property is located.
SECTION 3: The City supports and consents to the renewal ofthe Class 6b classification with respect to the Subject Property.
SECTION 4: The Economic Disclosure Statement, as defined in the County Ordinance, has been received and filed by the City.
SECTION 5: The Clerk of the City of Chicago is authorized to and shall send a certified copy of this ordinance to the Assessor, and a certified copy of this ordinance may be included with the Class 6b renewal application filed with the Assessor by the Applicant, as applicant, in accordance with the County Ordinance.
SECTION 6: This ordinance shall be effective immediately upon its passage and approval.
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EXHIBIT A
Legal Description of Subject Property: GATEWAY PARK LEGAL DESCRIPTION OF DOUBLE DRIVE-IN PARCEL
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE CHICAGO AND WESTERN INDIANA BELT RAILROAD RIGHT-OF-WAY IN WABASH ADDITION TO CHICAGO, BEING A SUBDIVISION IN SAID SOUTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1890, AS DOCUMENT NUMBER 1269284, WITH THE EAST LINE OF THE WEST HALF OF VACATED SACRAMENTO AVENUE; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID SOUTH LINE, 97.25 FEET TO A POINT OF BEGINNING ON THE NORTHERLY EXTENSION OF THE WEST FACE OF THE WEST WALL OF A CONCRETE BUILDING; THENCE CONTINUING NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID SOUTH LINE, 236.53 FEET TO THE EAST LINE OF THE WEST HALF OF VACATED RICHMOND STREET; THENCE SOUTH 1 DEGREE 38 MINUTES 30 SECONDS EAST, ALONG SAID EAST LINE, 82.00 FEET TO THE SOUTH LINE EXTENDED WEST OF THE NORTH 82.00 FEET OF BLOCKS 21 AND 22 IN SAID WABASH ADDITION TO CHICAGO; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID EXTENSION AND SOUTH LINE, 634.52 FEET TO THE EAST LINE OF SAID BLOCK 22; THENCE SOUTH 1 DEGREE 37 MINUTES 22 SECONDS EAST, ALONG SAID EAST LINE, 0.39 FEET; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, PARALLEL TO SAID SOUTH LINE, 66.00 FEET TO THE WEST LINE OF BLOCK 23 IN SAID WABASH ADDITION TO CHICAGO; THENCE NORTH 1 DEGREE 37 MINUTES 22 SECONDS WEST, ALONG SAID WEST LINE, 0.30 FEET TO THE NORTHWEST CORNER OF LOT 46 IN SAID BLOCK 23; THENCE NORTH 88 DEGREES 22 MINUTES 28 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 46, 125.88 FEET TO THE WEST LINE OF THE NORTH-SOUTH ALLEY IN SAID BLOCK 23; THENCE SOUTH 1 DEGREE 37 MINUTES 5 SECONDS EAST, ALONG SAID WEST LINE, 0.30 FEET TO THE SOUTH LINE OF THE NORTH 82.39 FEET OF SAID ALLEY; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID SOUTH LINE, 8.00 FEET TO THE WEST LINE OF THE EAST HALF OF SAID ALLEY; THENCE NORTH 1 DEGREE 37 MINUTES 5 SECONDS WEST, ALONG SAID WEST LINE, 82.39 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT B IN SAID BLOCK 23; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID NORTH LINE AND THE EASTERLY EXTENSION THEREOF, 138.89 FEET TO THE EAST LINE OF THE WEST 5 FEET OF VACATED CALIFORNIA AVENUE; THENCE SOUTH 1 DEGREE 36 MINUTES 48 SECONDS EAST, ALONG SAID EAST LINE, 862.67 FEET TO THE NORTHWEST LINE OF COLUMBUS AVENUE; THENCE SOUTH 58 DEGREES 52 MINUTES 16 SECONDS WEST, ALONG SAID NORTHWEST LINE, 878.50 FEET TO THE NORTH LINE OF 77TH STREET; THENCE SOUTH 88 DEGREES 22 MINUTES 52 SECONDS WEST, ALONG SAID NORTH LINE, 422.72 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 23.41 FEET EAST OF AFORESAID WEST FACE OF THE WEST WALL OF A CONCRETE BUILDING; THENCE NORTH 1 DEGREE 34 MINUTES 47 SECONDS WEST, ALONG SAID PARALLEL LINE, 336.22 FEET TO A POINT LYING 823.91 FEET (AS MEASURED ALONG SAID PARALLEL LINE) SOUTH OF THE NORTH WALL OF SAID CONCRETE BUILDING; THENCE SOUTH 88 DEGREES 25 MINUTES 13 SECONDS WEST 23.41 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF AFORESAID WEST FACE OF THE WEST WALL OF A CONCRETE BUILDING, SAID POINT LYING 823.91 FEET (AS MEASURED ALONG SAID WALL AND SOUTHERLY
EXTENSION) SOUTH OF THE NORTHWEST CORNER OF SAID CONCRETE BUILDING; THENCE NORTH 1 DEGREE 34 MINUTES 47 SECONDS WEST, ALONG SAID WALL AND THE SOUTHERLY AND NORTHERLY EXTENSIONS THEREOF, 958.97 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS.
Common address1 2800-2850 W. Columbus Avenue, Chicago, Illinois 60629 PINs:
19-25-305-002; 19-25-306-002; 19-25-307-002; 19-25-307-003; 19-25-313-001; 19-25-314-001; 19-25-315-001; Part of 19-25-304-002; Part of 19-25-312-002
PARCEL 4 (Owned by Gateway Park, LLC)
THAT PAR T OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE CHICAGO AND WESTERN INDIANA BELT RAILROAD RIGHT-OF-WAY IN WABASH ADDITION TO CHICAGO, BEING A SUBDIVISION IN SAID SOUTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1890, AS DOCUMENT NUMBER 1269284, WITH THE EAST LINE OF THE WEST HALF OF VACATED SACRAMENTO AVENUE; THENCE NORTH 88 DEGREES 22 MINUTES 21 SECONDS EAST, ALONG SAID SOUTH LINE, 97.25 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST FACE OF THE WEST WALL OF A CONCRETE BUILDING; THENCE SOUTH 1 DEGREE 34 MINUTES 47 SECONDS EAST, ALONG SAID WEST FACE AND THE NORTHERLY AND SOUTHERLY EXTENSIONS THEREOF, 958.97 FEET TO A POINT LYING 823.91 FEET (AS MEASURED ALONG SAID WEST FACE AND THE SOUTHERLY EXTENSION THEREOF) SOUTH OF THE NORTHWEST CORNER OF SAID CONCRETE BUILDING; THENCE NORTH 88 DEGREES 25 MINUTES 13 SECONDS EAST 23.41 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 23.41 FEET EAST OF AFORESAID WEST FACE OF THE WEST WALL OF A CONCRETE BUILDING; THENCE SOUTH 1 DEGREE 34 MINUTES 47 SECONDS EAST, ALONG SAID PARALLEL LINE, 336.22 FEET TO A POINT ON THE NORTH LINE OF 77TH STREET; THENCE SOUTH 88 DEGREES 22 MINUTES 52 SECONDS WEST, ALONG SAID NORTH LINE, 101.05 FEET TO THE WEST LrNE OF THE EAST 15.00 FEET OF AFORESAID VACATED SACRAMENTO AVENUE; THENCE NORTH 1 DEGREE 39 MINUTES 4 SECONDS WEST, ALONG SAID WEST LINE, 35.00 FEET; THENCE SOUTH 88 DEGREES 22 MINUTES 52 SECONDS WEST, PARALLEL TO THE NORTH LINE OF 77™ STREET, 18.00 FEET TO AFORESAID EAST LINE OF THE WEST HALF OF VACATED SACRAMENTO AVENUE; THENCE NORTH 1 DEGREE 39 MINUTES 4 SECONDS WEST, ALONG SAID EAST LINE, 1260.20 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS.
Common Address: 2800-2850 W. Columbus Avenue, Chisago, Illinois 60629 PINs:
Part of 19-25-304-002 Part of 19-25-312-002
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I -- GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable: GATEWAY PARK LLC
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[X] the Applicant
OR
[ ] a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name:
OR
[ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 11(B)(1)) State the legal name ofthe entity in which the Disclosing Party holds a right of control:
B. Business address ofthe Disclosing Party: 2800-285Q W. Columbus Avenue
Chicago, Illinois
Telephone: (708) 583-1000 Fax: MA Email: Wbailes@regentproducts.com
Name of contact person: William Bailes
Federal Employer Identification No. (if you have one): N/A
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
6b Tax Incentive Renewal at 2800-2850 W. Columbus Avenue
G. Which City agency or department is requesting this EDS? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
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SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing
[ ] Person
[ ] Publicly registered business corporation
[ ] Privately held business corporation
[ ] Sole proprietorship
[ ] General partnership
[ ] Limited partnership
[ ] Trust
^ Limited liability company
[ ] Limited liability partnership
[ ] Joint venture
[ ] Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
[ ] Yes [ ] No [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable: Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?
[ ] Yes [ ] No ^ Organized in Illinois
B. IF TFIE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management ofthe Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title William Bailes Manager
Michael DePaul Manager
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
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limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interestjn the Applicant
William Bailes 8999 Palmer Street, River Grove, IL ,
Michael DePaul 8999 Palmer Street, River Grove, IL !
Nancy Douglas 8999 Palmer Street, River Grove, IL
SECTION III - INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? [ ] Yes ^ No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? [ ] Yes ^ No
If "yes" to either of the above, please identify below the name(s) of such City elected official(s) and describe such income or compensation:
Does any City elected official or, to the best of the Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 ofthe Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[ ] Yes >0 No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(s).
SECTION IV DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist (as defined in MCC Chapter 2-156), accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
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Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE:
to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is
not an acceptable response.
Liston & Tsantilis, P.C (Retained) 33 N. LaSalle Street, Chicago, IL 60608 Attorney $5,000 (est.)
(Add sheets if necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V -- CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly, or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ ] Yes ^ No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
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The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) ofthis EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties");
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date ofthis EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity, of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or .
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4)(Contracts Requiring a Base Wage); (a)(5)(Debarment Regulations); or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any "sister agency"; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such
Ver.2018-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
11. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further
Certifications), the Disclosing Party must explain below: N/A
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). N/A
13. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For puiposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or
"none"). As to any gift listed below, please also list the name ofthe City recipient. N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ ]is M is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory lender as defined in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
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If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary): N/A
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, does any official or employee of the City have a financial interest in his or her own name or in the name ofany other person or entity in the Matter?
f ]Yes |X No
NOTE: Ifyou checked "Yes" to Item D(l), proceed to Items D(2) and D(3). Ifyou checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name ofany other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes M No
If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest:
Name Business Address Nature of Financial Interest
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
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E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party must disclose below or in an attachment to this EDS all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay
any person or entity listed in paragraph A(l) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee of any agency, as defined
by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee
Ver.2018-1 Page 9 of 15
of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
f ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No [ ] Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question (1) or (2) above, please provide an explanation:
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SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with this ordinance.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the 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.
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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.
GATEWAY PARK LLC
(Print or type exact legal name of Disclosing Party)
By; \JJ KjjJ^h^^ "Vp CUSbU-J
(Sign here) William Bailes
(Print or type name of person signing)
Manager of GATEWAY PARK LLC (Print or type title of person signing)
LpQ V— County, ^PLG k>q , 3 (state).
Signed and sworn to before me on (date) 03b-g-hr?r at
Notary Public f
Commission expires: 6 %/ 3£ [?r0 as
Official Seal Phil Ann Scully Notary Public State of Illinois My Commission Expires 8/30/2025
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and liinited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.
Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?
[ ] Yes X No
If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAVWPROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ] Yes (X No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ] Yes [ ] No ^ The Applicant is not publicly traded on any exchange.
3. If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www.amlegal.coin ), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify that the Applicant is in compliance with MCC Section 2-92-385(b)(1) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history from current or former employers. 1 also certify that the Applicant has adopted a policy that includes those prohibitions.
[ ] Yes
[ ]No
^ N/A -1 am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(1). If you checked "no" to the above, please explain.
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