2-02/2-
ORDINANCE
/r ORDAINED B Y THE CITY COUNCIL OF THE CITY OF CHICA GO: SECTION I. Title 17, of the Municipal Code of Chicago, the Chicago Zoning Ordinance be amended by changing all the Ml-2 Limited Manufacturing/Business District symbols and indications as shown on Map No. 1-1 in the area bounded by
A line 152.50 feet north of and parallel to West Huron. Street ;the alley east of and parallel to North Kedzie Avenue; a line 102.50 feet north of and parallel to West Huron Street; and North Kedzie Avenue,
to those of a B2-3 Neighborhood Mixed-Use District.
SECTION 2. This ordinance shall be in force and effect from and after its passage and due publication.
Common address of properties:
17-13-0303-C(l) Narrative & Plans - 711 N. Kedzie. Chicago, IL
B2-3 Neighborhood Mixed-Use District
6,335 square feet
Proposed Land Use: The Applicant is proposing to develop the subject property with a new four-
story residential building that will contain eight (8) dwelling units. The proposed building will be masonry in construction and measure 44 feet in height. The subject property is a Transit Served Location based on its proximity to the Chicago Ave. Bus Route. The proposed residential building will be supported by seven (7) off-street surface parking spaces located at the rear of the subject lot.
The Project's Floor Area Ratio: 15,216 square feet (2.402 FAR)
The Project's Density (Minimum Lot Area Per D.U.): 791.875 square feet per D.U.
(8 dwelling units proposed)
The amount of off-street parking: 7 vehicle parking spaces
Setbacks:
Front Setback: 3.7 feet
Rear Setback: 42 feet
c.
Side Setbacks:
North: 1 foot South: 1 foot
Building Height: 44 feet in height
17-3-0403-B Transit Served Location (TSL) - Supplemental Narrative Zoning Analysis
711 N. Kedzie, Chicago. Illinois THE SITE
The subject property consists of a single zoning lot measuring 50 ft. wide by 126.7 ft. deep. The subject property contains approximately 6,335 sq. ft. of lot area. It is currently vacant and unimproved. The subject property is located within the Chicago Ave. Bus Route. The existing neighboring improvements in the immediate area vary in scale and use - from one-story to four-stories in height, some with ground floor retail uses and residential uses above, and others that are entirely residential in character. There is also a public park located north of the subject property on the west side of N. Kedzie St.
THE PROJECT
The Applicant is seeking a Type 1 Zoning Map Amendment to establish a B2-3 Neighborhood Mixed-Use District, in order to permit a four-story residential building containing eight (8) dwelling units. Based on the subject property's immediate proximity to the Chicago Ave. Bus Route, the Applicant is seeking to reduce the minimum off-street automobile parking for the proposed residential building, from eight (8) parking spaces to seven (7) parking spaces, pursuant to Section 17-10-0102-B of the Zoning Ordinance.
Pursuant to Section 17-10-0102-B and Section 17-13-0905-F of the Zoning Ordinance, in order to qualify the proposed reduction of off-street automobile parking, the Project:
Must be located in a transit-served location. The subject property is located immediately adjacent to and wholly within 1,320 linear feet of the Chicago Ave. Bus Route.
Must comply with the standards of Section 17-3-0500 pertaining to pedestrian streets and pedestrian retail streets. The proposed four-story residential building was designed to comply with the standards and design guidelines for pedestrian streets, as reflected on the architectural plans prepared by Red Architects and submitted with the Applicant's Type 1 Zoning Map Amendment. The proposed building's front facade will face N. Kedzie Ave. and will provide a 3.7 ft. front setback (less than 5 ft.) [17-3-0504-B and 17-3-0504-D]. Lastly, because vehicle access to the parking area is limited to the rear of the subject lot, there is no potential for any vehicular interference with the pedestrian walkway (sidewalk) [17-3-0504-E-F-G]. Please note the Applicant will seek a Variation to reduce the window .transparency requirement should the Zoning Administrator deem such relief necessary.
Must comply with the general goals set forth in the Transit Friendly Development Guide: Station Area Typology, and any other station-specific plans, designs or guidelines adopted by the Chicago Plan Commission. The
Transit Friendly Development Guide defines 'transit friendly development' as
[djevelopment which is oriented towards and integrated with adjacent transit. The proposed four-story residential building incorporates accessibility and connectivity to the Chicago Ave. Bus Route, which runs to the north of the subject property. The project also features an onsite bicycle storage area, the Applicant believes it will-help activate the pedestrian way for other commuters traveling in the subject area by developing a currently vacant piece of land.
Must actively promote public transit and alternatives to automobile ownership. In order to promote public forms of transportation, and to mitigate vehicular congestion and traffic in this pedestrian-oriented neighborhood, the project relies on a reduced off-street parking ratio. The Applicant's building design provides for onsite bicycle parking and the Applicant (who will maintain ownership and management of the property) is committed to working with the Alderman and representatives from the CTA and CDOT, toward providing additional public bicycle racks, should such features be desired.
Must include enhancements to the pedestrian environment that are not otherwise required. The subject property is currently vacant, unimproved, and non-contributing to the pedestrian environment in the subject area. The proposed residential building will comply with the guidelines for improvements on a Pedestrian Street by developing a property with a building that will be located within 5 ft. of the property's front lot line, that will not require any vehicle access points at the front of the lot, and that will provide onsite bicycle amenities. These design elements will help enhance the pedestrian experience at and around the subject property.
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PROPERTY ADDRESS. 711 N KEDZIE AVENUE, CHICAGO, ILLINOIS 60612
FIELD WORK DATE 4/14/2022 REVISION DATE(S) (REV04/15/2022)
20042723
BOUNDARY SURVEY COOK COUNTY
LOTS i 57 AND i 5S IN' SUBDIVISION' 0'= TriE \Yc5~ 112 0,: Tl"!; NORTMWES" MA 0'= TMi; NOHTI-'WEST 1/4 0= SICTfOK I 2. TOWNSHIP 33 KCKX.1 SANG? I 3 (KCIf' THE RAILROAD), EA5"~ Or THF THRD PRINCIPAL MERIDIAN. IN COOK. COUNTY. ILLINOIS
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GRAPHIC SCALE (In Feet) 1 inch = 30' ft.
THE ABOVE SURVEY 15 A PROFESSIONAL SERVICE IN COMPLIANCE WITH THE MINIMUM STANDARDS OF THE STATE OF ILLINOIS NO IMPROVEMENTS SHOULD BE MADE ON THE BASIS OF THIS PLAT ALONE PLEASE REFER ALSO TO YOUR DEED. TITLE POLICY AND LOCAL ORDINANCES COPYRIGHT BY EXACTA ILLINOIS SURVEYORS THIS DOCUMENT MAY ONLY BE USED BY THE PARTIES TO WHICH IT IS CERTIFIED PLEASE DIRECT QUESTIONS OR COMMENTS TO EXACTA ILLINOIS SURVEYORS, INC AT THE NUMBER IN THE BOTTOM RIGHT CORNER
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CERTIFIED TO- JRD LLC, OLD REPUBLIC TITLE
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LEGAL DESCRIPTION'
LOTS 157 AND 158 IN SUBDIVISION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 39 NORTH, RANGE 13 (EXCEPT THE RAILROAD), EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
JOB SPECIFIC SURVEYOR NOTES-
GENERAL SURVEYOR NOTES
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This survey is exclusively fo; the us? of the parties to w-cm it !S cert tied
Any dCoiiions o; deleters to tins 1-pag? survey document art1 strictly prohibited
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LfJIt 1840(18059 316 Jaclreon SVwt, Morris., II 601.W Phone- 773.305.1011
CITY OF CHICAGO APPLICATION FOR AN AMENDMENT TO THE CHICAGO ZONING ORDINANCE
ADDRESS of the property Applicant is seeking to rezone:
711 N. Kedzie Chicago. IL
Ward Number that property is located in: 27
APPLICANT: Happy River. LLC - 711
ADDRESS:^ ; CITY:
STATE: / ZIP CODE:f " PHONE: 312-782-1983
EMAIL: nick@sambankslaw.com CONTACT PERSON: Nicholas J. Ftikas
Is the Applicant the owner of the property? YES X NO
If the Applicant is not the owner of the property, please provide the following information regarding the owner and attach written authorization from the owner allowing the application to proceed.
OWNER: Same as Above
ADDRESS: CITY:
STATE: ZIP CODE: PHONE:
EMAIL: nick@sambankslaw.com CONTACT PERSON: Nicholas J. Ftikas
If the Applicant/Owner of the property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORNEY: Law Offices of Samuel V.P. Banks. Nicholas Ftikas
ADDRESS: 221 N. LaSalle St 38th Floor
CITY: Chicago STATE: Illinois ZIP CODE: 60601
PHONE: (312) 782-1983 FAX: 312-782-2433 EMAIL: nick@sambankslaw.com
If the Applicant is a legal entity (Corporation, LLC, Partnership, etc.), please provide the names of all owners as disclosed on the Economic Disclosure Statements.
Jonas DaSilva, Manager
On what date did the owner acquire legal title to the subject property? 1/26/2021
Has the present owner previously rezoned this property? If Yes, when? No
Present Zoning District: Ml-2 Proposed Zoning District: B2-3
Lot size in square feet (or dimensions): 6,335 square feet (50 ft. by 126.69 ft.)
Current Use of the Property: The subject property is currently vacant and unimproved.
Reason for rezoning the property: The Applicant is proposing to develop the subject
property with a new four-story, eight (8) unit residential building.
Describe the proposed use of the property after the rezoning. Indicate the number of
dwelling unit number of parking spaces; approximate square footage of any commercial
space; and height of the proposed building. (BE SPECIFIC): The Applicant is proposing
to develop the subject property with a new four-story residential building that will contain
eight (8) dwelling units. The proposed building will be masonry in construction and
measure 44 feet in height. The subject property is a Transit Served Location based on its
proximity to the Chicago Ave. Bus Route. The proposed residential building will be
supported by seven (7) off-street surface parking spaces located at the rear of the subject
lot
14. The Affordable Requirements Ordinance (ARO) requires on-site affordable housing units and/or a financial contribution for residential housing projects with ten or more units that receive a zoning change which, among other triggers, increases the allowable floor area, or, for existing Planned Developments, increases the number of units (see attached fact sheet or visit www.cityofchicago.org/ARO for more information). Is this project subject to the ARO?
YES NO X
COUNTY OF COOK STATE OF ILLINOIS
I, Jonas DaSilva, in my capacity as Manager of Happy River, LLC -711, being first duly sworn on oath, state that all of the above statements and the statements contained in the documents submitted herewith are, to "the best of my knowledge, true and correci
Subscribed and Sworn to before me*this
day of ^\osa^
Date of Introduction:
FileNumber: Ward:
Written Notice, Form of Affidavit: Section 17-13-0107
July 20, 2022
Honorable Thomas Tunney
Acting Chairman, Committee on Zoning
121 North LaSalle Street
Room 304 - City Hall
Chicago, Illinois 60602
To Whom It May Concern:
The undersigned, Nicholas Ftikas, being first duly sworn on oath, deposes and says the following:
That the undersigned certifies that he has complied with the requirements of Section 17-13-0107 of the Zoning Code of the City of Chicago, by sending written notice to such property owners who appear to be the owners of the property within the subject area not solely owned by the Applicant, and on the owners of all property within 250 feet in each direction of the lot line of the subject property, exclusive of the public roads, streets, alleys and other public ways, or a total distance limited to 400 feet. That said written notice was sent by USPS First Class Mail no more than 30 days before filing the application.
That the undersigned certifies that the notice contained the address of the property sought to be rezoned as 711 N. Kedzie, Chicago, Illinois; a statement of intended use of said property; the name and address of the Applicant and Owner; and a statement that the Applicant intends to file an application for a change in zoning on approximately July 20, 2022.
That the Applicant has made a bonafide effort to determine the addresses of the parties to be notified under Section 17-13-0107 of the Zoning Code of the City of Chicago and that the Applicant certifies that the accompanying list of names and addresses of surrounding property owners within 250 feet is a complete list containing the names and last known addresses of the owners of the property required to be served.
Law Offices of Samuel V.P. Banks
Nicholas J. Ftikas Attorney for Applicant
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1 -------- I
OFFICIAL SEAL
VINCENZO SERGIO • NOTARY PUBLIC, STATE OF ILLINOIS ' My Commission Expires JANUARY 6. 2024 1
Via USPS First Class Mail
July 20, 2022
Dear Sir or Madam:
In accordance with the Amendment to the Chicago Zoning Code enacted by the City Council, Section 17-13-0107-A, please be informed that on or about July 20, 2022, I, the undersigned, intend to file an application for a change in zoning from a Ml-2 Limited Manufacturing/Business Park District to a B2-3 Neighborhood Mixed-Use District, on behalf of the Applicant/Property Owner, Happy River, LLC - 711, for the property located at 711N. Kedzie, Chicago, IL.
The Applicant is proposing to develop the subject property with a new four-story residential building that will contain eight (8) dwelling units. The proposed building will be masonry in construction and measure 44 feet in height. The subject property is a Transit Served Location based on its proximity to the Chicago Ave. Bus Route. The proposed residential building will be supported by seven (7) off-street surface parking spaces located at the rear of the subject lot.
Tb^^ppjicant/Property Owner, Happy River, LLC - 711, maintains principal offices at
I am the attorney for the Applicant/Property Owner. I will serve as the contact person for this zoning application. My address is 221 N. LaSalle St., 38th Floor, Chicago, IL 60601. My telephone number is (312) 782-1983.
Sincerely,
Law Offices of Samuel V.P. Banks
Nicholas J. Ftikas Attorney for the Applicant
*Please note the Applicant is NOT seeking to purchase or rezone your property.
*The Applicant is required by Ordinance to send this notice to you because you are shown to own property located within 250 feet of the property subject to the proposed Zoning Amendment.
To whom it may concern:
J, Jonas DaSilva, in my capacity as Manager of Happy River, LLC - 711, the Applicant/Owner of the subject property located at 711 N. Kedzie, Chicago- IL, authorize the Law Offices of Samuel V.P. Banks to file a Zoning Amendment Application with the City of Chicago for that property.
": <£
Happy River, LLC - 711|1010|FORM OF AFFIDAVIT
Chairman, Committee on Zoning Room 304 - City Hall » Chicago, IL 60602 t "'
To Whom It May Concern:
I, Jonas DaSilva, understand" that the Law Offices of Samuel V.P. Banks has filed a sworn affidavit identifying Happy River, LLC - 711, as the Owner holding interest in Tahd subject to the proposed zoning amendment for the property identified as 711 N. Kedzie, Chicago, IL.
Jonas DaSilva Happy River, LLC-711
I, Jonas DaSilva, in my capacity as Manager of Happy River, LLC - 711, being first duly sworn oinder oath, depose and say that Happy River, LLC - 711, holds that interest for itself and no other person, association, or shareholder.
Date
Subscribed and Sworn to before me s
this o day of "~3^>o^, 12022.
OFFICIAL SEAL
JONAH A DASILVA NOTARY;RUBLIC#STATE OF ILLINOIS, v v - COMMISSION WIRES' 8/12/2025
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Parly submitting this EDS. Include d/b/a/ if applicable:
Happy Ri ver. LLC -711
Check ONE of the following three boxes:
Indicate whether the Disclosing Parly submitting this EDS is:
[ X) the Applicant
OR
[ | a legal entity currently holding, or anticipated to hold within six months alter City action on
the coniract, 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. Slate the Applicants legal
name:
OR
[ | a legal entity with a direct or indirect right of control of the Applicant (see Section 1.1(B)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
B. Business address of the Disclosing Party:
n -r i i 31 ">-7X~>-l QfU i- 31°-78°-'74:53 i- -i nick@sambankslaw.com
( . 1 elephone: J^-/o^--i^ l ax: - l- /rt_-.~ Email:
I). Name of contact person: Nicholas Ftikas - Attorney E. federal Employer Identification No. (if you have one):
P. Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Zoning Map Amendment concerning 711 N. Kedzie, Chicago, 11,.
G. Which City agency or department is requesting this EDS? DPD COZ
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver.2018-1 Pane I of 15
SECTION II -- DISCLOSURE OK OWNERSHIP INTERESTS
A. NATURE OI; THE DISCLOSING PART
I. Indicate the nature of the Disclosing Pi
[ ] Person
[ ] Publicly registered business corporation
[ ] Privately held business corporation
[ | Sole proprietorship
f ] General partnership
[ ] Limited partnership
f | Trust
1X1 Limited liability company
[ j Limited liability partnership
[ ] Joint venture
f J Not-for-profit corporation
(Is the not-for-profit corporation also a 501(c)(3))?
I I Yes f | 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 [X| Organized in Illinois
B. IF THE DISCLOSING PARLY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all execulive officers and all directors of the entity: (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below7 must submit an EDS on its own behalf.
Name Title
Jonas Da Silva Manager Jonah Da S i 1 va 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 v enture, interest of a member or manager in a
Page 2 of 15
limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. Jf none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf.
Name Business Address Percentage Interest in the Applicant
Jonas Da Silva 3115 W. Augusta Blvd., Chicago. IL 60622 50%
Jonah Da Silva 3115 W. Augusta Blvd., Chicago, IL 60622 50%
SECTION 111 -- INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Parly provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? | | Yes [X) No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-monlh period following the date of this EDS? [ | Yes [X| No
If "yes" to either of the above, please identi fy below the name(s) of such City elected official(s) and describe such income or compensation:
N/A
Docs any City elected official or, to the best of the Disclosing Party's knowledge after reasonable
inquiry, any City elected official's spouse or domestic partner, have a financial interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
I J Yes [X| No .
If "yes." please identify below the name(s) of such City elected officials) and/or spouse(s)/domestic partners) and describe the financial interest(s).
N/A
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 Parly is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll. If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 ofl5
Name (indicate whether Business retained or anticipated Address to be retained)
Relationship to Disclosing Party (subcontractor, attorney, lobbyist, etc.)
Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is
not an acceptable response.
(Add sheets if necessary)
| ] 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 ow ns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
| ] Yes (Xj No | | 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
1. [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).
2. The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
Page 4 of 15
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;
have not. during the 5 years before the date of this EDS. been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes: fraud: embezzlement: theft; forgery; bribery: falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not. during the 5 years before the date of this FDS. 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 Citv or bv the federal government, anv state, or anv 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 1 allies).
5. Certifications (5), (6) and (7) concern:
° the Disclosing Party;
<» any "Contractor" (meaning any contractor or subcontractor used bv the Disclosing Partv 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 oJ 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").
Page 5 of 15
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date of this EDS. or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractors 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 stale 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 Partv nor anv Affiliated Entity is listed on a Sanctions List maintained bv 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 1 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, w ithout the prior written consent of the City, use any such
Vcr.2018-1 Page 6 ofl 5
contractor/subcontractor that docs not provide sueli 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:
II"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 know ledge 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 of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago, for purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $25 per recipient, or (iii) a political contribution otherwise duly reported as required by law (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.
N/A
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Parly certifies that the Disclosing Party (check one)
t ]'s Pvl is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party IS a financial institut ion, 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 thai 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."
Page 7 ofl5
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 necessarv):
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 w ith MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
| ] Yes [X| No
NOTE: If you checked "Yes" to Item D(l), proceed to Items D(2) and D(3). If you checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i ) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes |X| 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
N/A
4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
Page 8 ot'l5
E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check either (1) or (2) below. If the Disclosing Party checks (2), the Disclosing Party must disclose below or in an attachment to this EDS all information required by (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
The Disclosing Party verifies that the Disclosing Parly has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery-' era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
N/A
SECTION VI ~ CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section V I. 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 Parly with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay-
any person or entity listed in paragraph A( 1) above for his or her lobbying activities or to pay any
person or entity to influence or attempt to influence an officer or employee 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(T) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) ol'the Internal Revenue Code of 1986; or (ii) il is an organization described in section 501(c)(4) ol 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.
Tf 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. \ ,\ . Not Federally Funded
Is the Disclosing Party the Applicant?
| ] Yes ~ ! | No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 (T R Part 60-2.)
[ ] Yes [ | No
Have you filed with the Joint Reporting Committee, the Director of the Of fice of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
I ] Yes [ J No [ | Reports not required
I lave you participated in any previous contracts or subcontracts subject to the equal oppoilunitv clause?
[ | Yes ' | ] No
If you checked "No" to question (1) or (2) above, please provide an explanation:
N/A
Page 10 of 15
SECTION VII - FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. T he 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. cilyofch i cago. org/E ih i cs. and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, If 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 Parly must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by ihe 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 specilied offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1-23 and Section 2-154-020. '
Page 11 of 15|1010|
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. f o
(Print or type exact legal name of Disclosing Party)
(Print or type name of person signing)
(Print or type Me of person signing)
Signed and sworn to before me on (date) Ch~C2-' £KTVS
at ^County, ZXZ- (state).
Commissioniexpires: c^y/J^/()oriS
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any " Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law. daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party"' means (1) all executive officers of the Disclosing Party listed in Section 11.B. 1 .a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership: all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing Parly. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority .
Does the Disclosing Parly or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship"' with an elected city official or department head?
| | Yes [X] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3 ) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
N/A
Page 13 of 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010. is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
I ! Ves [X| No
If the Applicant is a legal entity publicly t raded 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 [X| The Applicant is not publicly traded on any exchange.
If yes to (1) or (2 ) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
N/A
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is lo 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.a tn 1 e gal .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)(l) and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants" wage or salary history from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
f | Yes I I No
[X] N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)(l). If you checked "no" to the above, please explain.
N/A
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