city of chicago ordinance so2013-2478

7/24/2019 City of Chicago Ordinance SO2013-2478

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City of

Chicago

Office of the City Clerk

Document Tracking Sheet

SO2013-2478

Meeting Date:

Sponsor(s):

Type:

Title:

Committee(s)

Assignm ent:

4/10/2013

Misc. Transm ittal

Ordinance

Zoning Reclassification Map Nos. 11-F and 11-G at 4400-

4458 N Clarendon Ave and 4401-4415 N Clarendon Ave -

App No. 17707

Committee on Zoning, Landmarks and Building Standards



FINAL

FOR

PUBLICATiO

AMENDED ORDINANCE

B E

I T O R D A I N E D B Y T H E

C I T Y

C O U N C I L O F T H E

C I T Y

O F C H I C A G O :

SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the

Institutional Planned Development No. 138 and RM-5 Residential Mult i -Unit

District

symbols

and indications as shown on Map Numbers 11-F and 11-G in the area bounded by:

West Sunnyside Avenue;

North

Clarendon Avenue; a line approximately 176.96 feet north of

and parallel to West Montrose Avenue; a line approximately 85.01 feet east of and parallel to

North

Clarendon Avenue; a line approximately 162.96 feet north of and parallel to West

Montrose Avenue; a line approximately 136.61 feet east of and parallel to North Clarendon

Avenue; West Montrose Avenue; the public alley next west of and parallel to

North

Clarendon

Avenue; a line approximately 154.33 feet south of and parallel to West Agatite Avenue; a line

approximately 472.54 feet west of and parallel to

North

Clarendon Avenue; West Agatite

Avenue; the public alley next west of

and

parallel to North Clarendon Avenue;

to those of B 3-5 Community Shopping

District.

SECTION 2. That the Chicago Zoning Ordinance be amended by changing

all of

the B3-

5 Community Shopping

District

symbols and indications as shown on Map Numbers 11-F and

11-G in the

area

bounded by:

West Sunnyside Avenue;

North

Clarendon Avenue; a line approximately 176.96 feet north of

and parallel to West Montrose Avenue; a line approximately 85.01 feet east of and parallel to

North Clarendon Avenue; a line approximately 162.96 feet north of and parallel to West

Montrose Avenue; a line approximately 136.61 feet

east

of and parallel to

North

Clarendon

Avenue; West Montrose Avenue; the public alley next west of and parallel to

North

Clarendon

Avenue; a line approximately 154.33 feet south of and parallel to West Agatite Avenue; a line

approximately 472.54 feet west of and parallel to

North

Clarendon Avenue; West Agatite

Avenue; the public alley next west of and parallel to

North

Clarendon Avenue;

to those o f Residential-Business Planned Development N o. 138.

SECTION 3. This ordinance shall be in force and effect from and after its passage and

due publication.



FINAL FOR PUBLICATION

PLANNED DEVELOPMENT NUMBER 138

STANDARD

PLANNED DEVELOPMENT STATEMENTS

1.

The area delineated herein as Planned Development Number 138 (Planned Development)

consists

of approximately 195,591 gross square feet (approximately 131,186 net square feet)

o f

property

which

is depicted on the attached Planned Development Boundary and Property

Line Map (the Property). For

purposes

o f this Planned Development, the Property consists of

three

sub-areas, delineated on the attached Planned Development Boundary/Sub-Area Map

as Sub-Area A, Sub-Area B and Sub-Area C. The Property is owned by the Missionary

Sisters of the Sacred Heart (Owner). The "Applicant" for

purposes

of this Planned

Development

with

respect to Sub-Area A and Sub-Area C is Montrose Clarendon

Partners,

L L C ,

with the authorization of the Owner. The Ovraer is the "Applicant" for purposes of this

Planned Development with

respect

to Sub-Area B.

2. The requirements, obligations and conditions contained

within

this Planned Development

shall

be binding upon the Applicant, its successors and

assigns

and, i f different than the

Applicant,

the legal

title

holders and any ground

lessors.

All

rights granted

hereunder

to the

Applicant shall inure to the benefit ofthe Applicant's successors and

assigns

and,

i f

different

than the Applicant, the legal title holder and any ground lessors. Furthermore, pursuant to the

requirements of Sec. 17-8-0400 of the Chicago

Municipal

Code

(Municipal

Code), the

Property, at the time of application for amendments, modifications or changes

(administrative, legislative or otherwise) to this Planned Development are made, shall be

under single ownership or designated

control.

Single designated control is defined in Sec. 17-

8-0400 ofthe

Municipal

Code.

3. All applicable o f f ic i a l reviews, approvals or permits are required to be obtained by the

Applicant or its successors,

assignees

or

grantees.

Any dedication or vacation of streets or

alleys or

grants

of

easements

or any adjustment of the

right-of-way

shall require a

separate

submittal to the Department of Transportation (CDOT) on behalf of the Applicant or its

successors, assigns

or grantees. Any

requests

for

grants

of privilege, or any items

encroaching on the public way, shall be in compliance with the

Plans. Ingress

or

egress

shall

be pursuant to the Plans and may be subject to the review and approval ofthe Department of

Planning and Development (DPD) and CDOT. Closure of all or any public street or alley

during demolition or construction shall be subject to the review and approval of CDOT.

All

work proposed in the public way must be designed and constructed in accordance with the

CDOT Construction Standards for

Work

in the Public Way and in compliance

with

the

Municipal

Code. Prior to the issuance of any Part I I approval, the submitted plans must be

approved by CDOT.

4. This Plan of Development

consists

of these 17

Statements,

a

Bulk

Regulations and Data

Table, a Sub-Area A Affordable Housing Profile Form, a Sub-Area B Affordable Housing

Profile Form and the

fo l lowing

exhibits, prepared by Hartshorne Plunkard Architecture: an

Existing Aerial Map, an Existing Land-Use Map, an Existing Zoning Map; a Planned

Development Boundary/Sub-Area Map; an Overall Site/Landscape Plan; a Sub-Area A Site

Plan; a Sub-Area A Landscape Plan; a Sub-Area B Site Plan; a Sub-Area B Landscape Plan;

Applicant. Monlrosc Clarendon Parincrs. LL C and Missionary Sisters orthe Sacred Heart

Address • 4400-58 and 4401-15

North

Clarendon Avenue

In l roduced.

Apri l

3, 2013

Plan Commission: Janiiar\'21, 2016

1



FINAL

FOR PUBLICATiON FINAL

a Sub-Area

B

Interim Site/Landscape Plan; a Sub-Area C Site Plan; a Sub-Area C Landscape

Plan; a Sub-Area A Green Roof

Plan;

a Sub-Area B Green Roof

Plan;

a Sub-Area C Green

Roof Plan; a Sub-Area A 4* Floor Plan; a Sub-Area A Typical Floor Plan; a Sub-Area B

Typical Floor Plan; Sub-Area A East Elevation; Sub-Area A North Elevation; Sub-Area A

South Elevation; Sub-Area A West Elevation; Sub-Area B

East

and West Elevations; Sub-

Area

B North and South Elevations; and, Sub-Area C Elevations dated January 21, 2016

submitted herein (collectively, the Plans). Full-sized copies of the Site/Landscape Plans and

Building Elevations are on file with DPD. In any instance where a

provision

of

this

Planned

Development conflicts

with

the Chicago

Building

Code, the

Building

Code shall control.

This

Planned Development confonns to the intent and purpose of the Municipal Code, and

all requirements thereof, and satisfies the established criteria for approval as a Planned

Development. In case of a conflict between the terms of this Planned Development

Ordinance and the Municipal Code, this Planned Development Ordinance shall control.

5. The fol lowing uses are permitted w ithin the Planned Development:

Sub-Area

A:

dwelling

units located at or above the ground

floor

(multi-unit

residential and

townhouse); cultural exhibits and libraries; day care; postal service;

business

support

services; eating and drinking establishments; banks; food and

beverage

retail sales (liquor

sales as package goods and

accessory

use); medical service;

office;

personal service; dry

cleaning (drop-off or pick-up);

retail

sales (general); sports and recreation (participant,

indoor, physical fitness center); wireless communication facilities (co-located);

accessory

parking;

non-accessory

parking;

and,

accessory

and related

uses.

Sub-Area B: dwelling units located at or above the ground

floor

(multi-unit residential);

accessory parking;

construction staging directly related to the provision of the improvements

proposed

for

Sub-Areas A and C; and,

accessory

and related uses.

Sub-Area C: day care; postal, service;

business

support services; eating and. drinking

establishments; banks; food and

beverage

retail sales (liquor sales as

package

goods and

accessory

use); medical service; office; personal service; dry cleaning (drop-off or

pick-up);

retail sales (general); sports and recreation (participant, outdoor, indoor, physical fitness

center, children's play center); wireless communication facilities (co-located);

accessory

parking;

and,

accessory

and related uses.

6.

Subsequent

to the completion of

construction

of the

provision

of the improvements proposed

for

Sub-Areas A and C and

prior

to the

issuance

of

the

final

Certificate

of Occupancy

for

the

improvements proposed in Sub-Area A, either of the fo l lowing conditions must be

fu l f i l led :

(i)

Part I I Review, pursuant to Section 17-13-0610 of the

Municipal

Code, for the

improvements proposed for Sub-Area B, as described in PD Statement 5 and the exhibits

associated with this PD, must have commenced; or, (ii) the improvements depicted in the

Sub-Area B Interim Site/Landscape Plan, as described in the exhibits

associated wilh

this

PD, must be completely installed or otherwise provided by the fo l lowing June 1 ', if such

Certificate of Occupancy for Sub-Area A is requested at such a time when

seasonal

weather

conditions

would not allow

completion

of the Sub-Area B Interim Site/Landscape Plan.

Applicant; Montrose Clarendon Partners, LLC and Missionary- Sisters ofthe Sacred Heart

Address: 4400-58 and 4401-15

North

Clarendon Avenue

Introduced-

April 3. 2013

Plan Commission Januarv

2 1 .

2016



FINAL

FOR

PUBLICATION

FINAL

Prior

to the

issuance

of the

final

Certificate of Occupancy for the improvements proposed in

Sub-Area A, the Applicant commits to provide

left

turn lanes and actuated

left

turn arrows on

the east and west

approaches

of West Montrose Avenue at its intersection with North

Clarendon Avenue.

7. On-Premise

signs

and temporary signs, such as construction and marketing signs, shall be

permitted

within

the Planned Development, subject to the review and approval of DPD. Off-

Premise signs arc prohibited

w ithin

the boundary of the Planned Development.

8. For purposes of height measurement, the definitions in the

Municipal

Code shall apply. The

height of any

building

shall also be subject to height

limitations,

i f any, established by the

Federal Aviation Administration.

9. The maximum permitted Floor Area Ratio (FAR) for the site shall be in accordance with the

attached Bulk Regulafions and Data Table. For the purposes of FAR calculations and

measurements, the definitions in the

Municipal

Code shall apply. The permitted FAR

identified

in the

Bulk

Regulations Table has

been

determined using a Net Site Area of

131,186 square feet.

10. Upon review and determination. Part I I Review, pursuant to Section 17-13-0610 of the

Municipal

Code, a Part

I I

Review Fee shall be assessed by DPD. The fee, as determined by

staff at the fime in accordance with the

Municipal

Code, is

final

and binding on the Applicant

and must be paid to the Department

o f Revenue

prior to the issuance ofany Part

I I

approval.

11. The Site and Landscape Plans shall be in substantial conformance with the Landscape

Ordinance and any other corresponding regulations and guidelines, including Section 17-13-

0800

o f the Municipal

Code. Final landscape plan review and approval

wi l l

be by

DPD.

Any

interim

reviews

associated

with

site plan review or Part

I I

reviews, are conditional

until final

.

Part I I approval.

12.

The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles

promulgated by the Commissioners of the Departments of Streets and Sanitation, Fleet and

Facility Management and Buildings, under Section 13-32-125 ofthe Municipal Code, or any

other provision

o f

that Code.

13. The terms and conditions of development under this Planned Development ordinance may be

modified administratively, pursuani to Secfion 17-13-0611-A of the

Municipal

Code by the

Zoning Administrator upon the application for such a modification by the

Applicanl,

its

successors

and

assigns

and the legal

litle

holders and any ground

lessors.

14. The Applicant acknowledges lhal i l is in the public interest lo design, construct and maintain

the project in a manner which promotes,

enables

and maximizes universal access throughout

the Property. Plans for

a ll

buildings and improvements on the Properly shall be reviewed and

approved by the Mayor's

Office

for People wilh Disabilities lo

ensure

compliance wilh all

Appl icant . Montrose

C'larcndon

Partners.

LL C and

Missio nary' S isters or the Sacred Heart

Address 4400-58 and 4401-15 North Clarendon Avenue

Introduced- Apri l

3. 2013

Plan Com mission : January' 2 1 , 2016

3



FIKAL FOR

PUBLICATION

FINAL

applicable laws and regulations related to access for

persons

with disabilities and to promote

the highest standard of

accessibility.

15.

The

Applicant

acknowledges lhat

i l

is in the public interest lo design, construct, renovate and

maintain all buildings in a manner that provides healthier indoor environments,

reduces

operating

costs

and

conserves

energy and natural

resources.

The Planned Development

will

be LEED

certified

(Leadership in Energy and Environmental Design) and include a green

roof over at least 50% of the Net Roof Area; provided, however, lhal if any portion of this

Planned Development, receives lax increment financing, such portion shall be LEED

certified

and include a green

roof over

100%

of

the Net Roof

Area o f that portion.

16.

The Applicant acknowledges and agrees that the rezoning of the Properly

from Institutional

Planned Development 138 and RM-5 (Residenfial Multi-Unit District) to, first, the B3-5

(Community

Shopping

D istrict),

then back lo Planned Development 138, for construction of

this

Planned Development triggers the requirements of Section 2-45-110 ofthe Municipal

Code (the 2007 Affordable Requirements Ordinance or ARO). Any developer of a

"residential

housing project"

wilhin

the meaning ofthe ARO must: (i) set

aside

10% ofthe

housing units in the residential housing project as affordable units (Affordable Units) i f the

developer receives

city

land or zoning

assistance,

or 20%

i f

the developer receives

financial

assistance, such as tax increment

financing

(TIF);

(ii)

pay a fee in lieu ofthe development of

the

Affordable Units;

or

(iii)

any combination of (i) and

(ii) .

The foregoing compliance

options are referred to herein as

Option (i) ,

Opfion

(ii) ,

and

Option (iii) .

In

Sub-Area A, the Applicanl intends to construct a total of

38 1

dwelling units and has filed

an application for TIF for the project. If the Applicanl receives TIF funds, the Sub-Area A

project wil l require 77 Affordable Units (20% x 381 = 76.2, rounded up = 77) under Opfion

(i),

or an in lieu fee (Cash Payment) in the amount of $7,700,000 (77 x $100,000) under

Option

(ii) , or a combination under Option (iii) . If the

Applicant

does

not receive TIF funds,

. . the Sub-Area A project will require 39 Affordable Units (10% x 381 = 3.8.1, rounded up =

39)

under Option

(i) ,

or a Cash Payment in the amount of $3,900,000 (39 x $100,000) under

Option (ii) ,

or a combination under Option

(iii) .

The Applicant has elected to comply

wilh

the AR O in Sub-Area A through a combinaUon under Opfion (iii) , as described below and in

the

Affordable

Housing Profile Form for Sub-Area A attached hereto. First, the AppHcant

will

provide 20

Affordable

Units in Sub-Area A,

regardless

of whether the project receives

TIF funds. I f the Applicanl receives TIF funds, 10 of the 20 Affordable Units wil l be

affordable

to households earning no more than 50% of the Chicago Primary Metropolitan

Statistical

Area Median Income

(AMI)

and the olher 10

wi l l

be affordable lo households

earning no more than 60% of

A M I .

If the project does not receive TIF funds, all 20

Affordable

Units wil l be affordable to households earning no more than 60% of AMI .

Second, the Applicant will satisfy its remaining AR O obligation by making a Cash Payment-

in

the amount of $5,700,000 (77 required Affordable Units - 20 provided Affordable Units =

57

X

$100,000)

i f l h e

Applicant receives TIF funds, or $1,900,000 (39 required

Affordable

Units - 20 provided Affordable Units = 19 x $100,000) i f i l does not.

Applicant: Montrose Clarendon Partners, LLC and Missionary Sisters ofthe Sacred Heart

Address: 4400-58 and 4401-15

North

Clarendon Avenue

Introduced:

April 3, 2013

Plan

Commission:

January

21 ,

2016




FINAL

In

Sub-Area B, the Applicant intends to construct a total of 250 dwelling units

without

any

TIF

or other financial assistance from the city, and has elected to comply with the ARO by

making

a Cash Payment in the amount of $2,500,000 (250 dwelling units x \0% = 25

required Affordable Units

x $100,000 per

unil),

as set

forth in

the

Affordable

Housing

Profile

Form for Sub-Area B allached hereto.

At the time of each Part I I review for Sub-Area A or Sub-Area B ,

Applicanl

may update and

resubmit the applicable Affordable Housing Profile Form to DPD

fo r

review and approval.

I f

the Applicanl subsequently

reduces

or

increases

the number of dwelling units in either sub-

area, DPD may adjust the requirements of this Slalement 16 (i.e., number of required

Affordable Units and/or amount of Cash Payment) accordingly without amending the

Planned Development. Prior to the

issuance

of any building permits within Sub-Area A or

Sub-Area B, including, without limitation, excavation or foundation permits, the Applicant

musl make the required Cash Payment. The Applicant intends to develop Sub-Area A and

Sub-Area B as

separate

projects in

phases,

and the Cash Payment for

each sub-area

shall be

calculated separately and paid al the lime building permits are sought fo r the applicable sub-

area.

In the case of Sub-Area A, where the Applicant is providing

Affordable

Units, the

Applicanl musl also execute and record an

affordable

housing agreement in

accordance with

Secfion 2-45-110(i)(2) of the Municipal Code prior to the

issuance

ofany building permits

fo r

Sub-Area

A.

The terms

o f

the

affordable

housing agreement and any amendments thereto

are incorporated herein by this reference. The Applicanl acknowledges and

agrees

that the

affordable

housing agreement

wil l

be recorded against Sub-Area A, or the applicable

portions

thereof, and

wil l

consfitute a

lien

against such property. The Commissioner of

DPD

may enforce remedies for any breach of this Statement 16, including any breach of any

affordable

housing agreement, and enter inlo settlement

agreements

with

respect

to any such

breach, subjecl to the approval of the Corporalion Counsel,

without

amending the Planned

Development.

17.

This Planned Development shall be governed by Secfion

17-13-0612.

of

the

Municipal Code.

Should this Planned Development ordinance lapse, the Commissioner of

DPD

shall initiate a

Zoning Map Amendment to rezone the property to the B3-5

(Community

Shopping District).

Applicant Montrose Clarendon Partners,

LLC

and

Missionary' Sisters

ofthe Sacred Heart

Address. 4400-58 and 4401-15

North

Clarendon Avenue

Introduced: April 3, 2013

Plan

Commission:

January 21,2016

5




FINAL

P L A N N E D D E V E L O P M E N T 138

B U L K R E G U L A T I O N S AND D A TA T A B L E

Gross

Site Area, 195,591

square

feel = Net Site Area,

131,186 square

feel + Area Remaining in

Public Way, 64,405

square

feet

Net Site Area (sf)

131,186

Sub-Area A

85,160

Sub-Area B

31,608

Sub-Area C

14,419

Maximum Floor Area Ratio (FAR)

5.0

Sub-Area A

4.42

Sub-Area B

6.87

Sub-Area C

0.42

Maximum Floor Area (sf)

655,930

Sub-Area A

432,648

Sub-Area B

217,282

Sub-Area C

6,000

Maximum Number of Dwelling Units

631 '

Sub-Area A

381

Sub-Area B

250

Sub-Area C

0

Maximum Commercial Floor Area

36,000

(net rentable square feet)

Sub-Area A

30,000

Sub-Area B

0

Sub-Area C

6,000

Maximum Site

Coverage

Per Site

Plans

Minimum Building

Setbacks

Per

Site Plan

Up to 37% ofthe total number o f

dwelling

units may be efficiency units. Minimum Lot Area

( M L A)

per dwelling unit shall be calculated

based

on the overall net

site area.

Applicant:

_Montrose Clarendon Partners.

LLC and Missionary

Sisters

ofthe

Sacred

Heart

Address 4400-58

and

4401-15

North Clarendon Avenue

Introduced:

April

3, 2013

Plan

Commission:

January 2 1 ,

2016

1



FINAL FOR

PUBLICATION

FINAL

Minimum Number

of

Off-Street

449

Parking Spaces

Sub-Area A

278

Sub-Area B

160

Sub-Area C

11

Minimum Number of Off-Street

1 - 10' X 50'; 1 - 10' X 30'; and, 4-

Loading

Berths

10'x25'

Sub-Area A

Sub-Area B

1 - 10' x50' ; 1 - 10' X 30'; and, 2-

Sub-Area C

10'x25'

1 - 10'x25'

1 - 10' x2 5 '

Maximum Building

Height (feet)

Sub-Area A

259'

Sub-Area B

157'

Sub-Area C

20'

Applica nt Montrose Clarendon Partners, LL C and Mis.sionary- Sisters oft he Sacred Heart

Address- 4400-58 and 4401-15 Nor th Clarendon Avenue

Introduced- Ap ri l 3, 2013

Plan Com ii-iission: Janu ary 21 , 2016

2



FINAL FOR

PUBLICATION

2007

Affordable

Housing Profile F orm (R ental)

Submit this form to the D epartment of Planning & Development (DPD) for projects that a re

subject to the 2P07 .ARO. Proje cts subm itted after Octobe r 13, 2015 - pr that dp not receive, Gity

Council approval by July 13, 2016 - wi l l be subject tp the 2015 A RO; M ore information is o nl ine

at www.cityofchicago.orq/AF^O.

This completed form should be returned to: Kara Breems, DP D, 121 N. LaSalle Street, Chicag o,

IL 60602. E-mai l : [email protected] Telephone: (312) 744-6476

Date:

S E C T IO N i : D E V E L O P M E N T INFORMATION

Development Name: Montrose & Clarendon

Development Address: Montrcse & Clarendon

Ward;

46th

If you are working w ith a Planner at the City, what is his/her na me?

Type of City involvem ent: City Land

(check al l that apply) r- yi Financial Assistance (If

receivinn T I

assistance, will

T I

funds be

/

| y 1 used for tiousing construction?

I—I of the TIF Eligible Expenses

[ ^ Z o n i n g increase and/or PD

')

*if yes, please provide copy

S E C T IO N 2: D E V E L O P E R INFORMATION

Developer Narne: Har lem Irvin g Companies Inc., JDL Developme nt LLC

Developer Co ntact (Project Coordinator): Rick Fi l ler, James Lelchinger

Developer Address: A IM N. Har lem Avenue, Norr idge , IL 60706

Ema il add ress: Rl'i l lercn)Ha rlt'nilrving.c<)m

Te leph one N umb er: 773 62.S 3036

S E C T IO N

3: D E V E L O P M E N T INFORMATION

a) Affordable units required

For ARO projects: ^

X 10%*

Total units

(always round up)

*20%

i f TIF assistance is provided

total affordable units required

For Den si ty Bo nu s projects: X 25% =

B onu s S qua re Foo tage* A f f o rdab l e s q . f oo tage requ i red

*Note that the maximum allowed bonus Is 20% of base FAR In dash-S; 25% in dash-7 or

-10;

and

30%

of base FAR in dash-12 or -16 (www.citvofchicaqo.orq/20n1nq for zoning info).

b) building details

In addit ion to water, which of th e fol lowing uti l it ies wil l be inc lud ed in the rent (circle ajaplicable):

0 •

Cooking gas electric

L/J

gas heat

•

other (describe on back)

• [7]

Is parking included in the rent for the: affordable units? yes no marke t-rate units? yes no

If parking is not included, what is the monthly cost per space? ^

•

electric heat

• 0

Est imated date for the comm encement of market ing: Fe bru ary , 2 01 8



FINAL

FOR

PUBLICATION

Estimated date for connpletion of const ruction of the affordable units: Ap ri l, 2018

Unit

T y p e '

Number

of Units

Number

of

Bedroo

ms/Unit

Total Square

Footage/Unit

Expected

Market

Rent

Proposed

Affordat)le

Rent*

Proposed

Level of

Affordability

(60% or

less o f AMI)

Unit Mix OK

to proceed?

Example

1 bed/1

bath

4

1

. , • 8 0 0

$1000

75 9 .

6 0 % '

Affordable

Units

•

ffordable

Units

P L E A S ; • SEE A T T

\CHFJ) A

D D E N D U M

•

Affordable

Units

•

Market

Rate

Units

N/A

N/A

•

arket

Rate

Units

N/A WA

•

Market

Rate

Units

N/A

N/A

•

"Rent amounts updated annually in the "Cily of Cliicago's Maximum AffortlaUle Monthly Rent Chart"

SECTION 4: PAYMENT IN LIEU OF UNITS

When do you expe ct to make the payment -in-lie u? Ma y, 2016

(typically corresponds with issuance of building permits)

For ARO projects, use the following formula to calculate payment owed:

Month/Year

381 X10% =

X

$100,000 = $5j0a0 00

Number of total units

in development

(round up to nearest

whole number)

Amount owed

For Density Bonus projects, use the following formula to calculate payment ovved:

X 80% X $

= $_

Bonus Floor Area (sq ft) median price per base FAR foot Amount owed

Submarke t (Tab le for use with the Density Bonus fees-in- l ieu calculat ions)

Me d ia n L a n d Pr i c e

p e r Ba s e

FA R

F o o t

Loop; Chicago River on north/west; Congress

o n

south; Lake Shore

Dr on

east

$31

N or th : Div is ion on north; Chicago River on south/west; Lake Shore Dr. on east

$43

S o u t h :

Congress on north; Stevenson on south; Chicago R iver on west; Lake

Shore Dr. on east

$22

West : Lake on north; Congress on south; Chicago River on east; Racine on west

$29

Authorization to Proceed (to be completed by Developer & DPD)

a B r e e m s ^ P B - ^

De /etrSpgrTProject Manager

Date

//.an-15

Date

7

1 .

•l-oiL.



FINAL

FOR PUBLICATION

Unit

Type*

Number

of Units

Number of

Bedrooms/

Unit

Total Square

Footage/Un i t

Expected

Marke t

Rent

Proposed

Af fo rdab le

Rent*

Proposed Level

o f Af fo rdab i l i tv

(60% o r less o f

AMI)

Un i t Mix OK

to p roceed?

Exarnple,

1 bed/1

:

bafh, V;

,•'4''

;$;:;Va, Oob

•$ 759-

IZZz-'. m%

Affo rdab le

Units Studio 3

0

5 6 1 $ 1,688 $ 636

50%

Studio

,4> 0 5 6 1

$ 1,688 $ 769

60%

I B e d

6 1

759 S 2,079

$ 674

50%

/

1 Bed

5 1

759 S 2,079

$ 817

60%

/

2 bed

1

2

945 S 2,637 S 809

50%

J

bed

1 2

945

$

2,637

S 980

60%

V

IVlarket Rate

Units

Studio 123

0

56 1 $ 1,688 N/A N/A

I B e d

187 1

759

S 2,079 N/A N/A

2 bed 43 2

945

$ 2,637

N/A

N/A

T wn h m

8

3

2204

$. 5,510

N/A N/A



F NAL

FOR PUBLiCATIOM

2007 Affordable Housing Profile Form (Rental)

Submit this form to the Department of Planning & Development (DPD) for projects that are

subject to the 2007 AR O. P rojects submitted after October 13, 2015 - or that do not receive City

Council approval by July 13, 2016 - wi l l be subject to the 2015 A.RO. More information is onl ine

at w ww.ci tvofchicaao.orq/ARO.

This completed form should be returned to: Kara Breems, DPD, 121 N. LaSalle Street, Chicago,

IL 60602. E -mai l: ka ra .breem s@c i tyGfch icago .org Te lephone: (312) 744-6476

Date:

S E C T I O N 1: D E V E L O P M E N T INFORMATION

Deve lopment Name: Mo nt ro se & C lare ndo n - Su bare a B

Deve lopment Address : C larendon & Agat i te

Ward : 46 th

If you are worl<ing with a Plann er at the C ity, what is his/her na me ?

Typ e of City involvem ent: City Land

(ch ec k alt tha t ap ply ) i— i Fin anc ial As sist an ce (If receiving TiF assistance, will

T I

funds be

L j used for housing cons truction ? JT I') *if yes, please provide copy

I 1 of the TIF Eligible Expenses ' '

I

^ / 1 Zoning increase and/or P D

S E C T I O N 2: D E V E L O P E R I NFORM AT I ON

Deve loper Name: Ha r lem I rv ing Connpan ies Inc . , JD L D eve lbpm enjb i

Deve loper Contac t (P ro ject Coord ina tor ): R ick F i l l e r . Ja m es Le lch ing er

Deve loper Address : 41 04 N. Ha r lem Ave nu e. Nor r idge , b

Emai l address : RF i l l e r (a )Ha r lem l rv inq .co m

Te lephone N um ber 303 6

S E C T I O N S : D E V E L O P M E N T I NFORM AT I ON

a)

Affordable units required

For AR O projects : i52_ X 10% * =

Total units

25

(a lways round up)

total af fordable uni ts requ i red'

*20%

i f TIF assistance is provided

For Dens i ty Bonus pro jec ts :

X 25% =

B onu s S qua re Foo tag e* A f f o r dab l e s q . f oo tage requ i red

*Note that the maximum allowed bonus is 20% of base FAR in dash-5; 25% in dash-7 or -10; and

30%

of base FAR in dash-12 or -16 (v/ww.dtvofchicaq o.oro/zoninq for zoning Info).

b) building details

In addit ion to water, which of the foUowing uti l i t ies wil l be included in the rent (circle applicable):

0 •

Coo king gas electric

[/J • . •

gasTieat electric heat other (describe on back)

• 0 a i z

Is parking included in the rent forthe: afforda ble units? yes no marke t-rate units? yes no

If parking is not included, what is the monthly cost per space? 2^

Est imated da te fo r the commencem ent of marke ting : j o be de ter m ine d



FilAL FOR PUBLICATION

Estimated date for completion of construction of the affordable units: To be de term ine d

Unit

Type*

Number

of Units

Number

of

Bedroo

ms/Unit

Total Square

Footage/Unit

Expected

Market

Rent

Proposed

Affordable

Rent*

Proposed

Level of

Affordability

(60%

or

less of AMI)

Unit Mix OK

to proceed?

''Mff,'-'yy-.

5'if'bed/^1r,;

.if;^;-.bath

.;.y>..tA^'-y---

.MO.AZM

^|$iipgp^;-:

;H;:-759;v-f

Affordable

Units

•

ffordable

Units

•

Affordable

Units

•

Market

Rate

Units

Studio

100

0

561 $1688

N/A

N/A

•

arket

Rate

Units

1 Bed

122 1

759 $2079

N/A

N/A

•

Market

Rate

Units

2 Bed

28

2

945 $2637

N/A N/A

•

•Ronl amounts updated annu ally in the 'City of Chicago's Maximum Affordab le Monthly Rent Chart"

SECTION 4: PAYMENT IN LIEU OF UNITS

When do you expect to make the payment -in-lieu? To

be

determined

(typically correspond s with issuance of building permits) Month/Year

For ARO projects, use the follbvvinq formula to ca lculate payment ow ed:

X10% = .^ ^ X$100,000

=

$ 2 , 5 0 0 , 0 0 0

Amount owed

umber of total units

in development

(round up to nearest

whole number)

For Density Bonus projects, use the following formula to calculate payment owed:

X 80% x $

Bonus Floor Area (sq ft) median price per base FAR foot Amount owed

Submarket (Table for use with the Density Bonus fees-in-lieu calculations)

Median Land Price

per Base FAR Foot

Lo op ; Chicago River on north/west; Congress on south; Lake Shore Dr on east $31

North: Division on north; Chicago River on south/west; Lake Shore Dr. on east

$43

South: Congress on north: Stevenson on south; Chicago River on west, Lake

Shore Dr. on q&st

$22

West; Lake orfi north; Congress on south; Chicago River on east; Racine on west

$29

Authbrizati (to be completed by Deve loper & DPD)

Kara Breems, DPD

Develope r/Projed Mana ger ^/f

eveloper & DPD)

'3^7/5

Date ^•

Dat6 '



LEGEND

I SUBJECT PREMISES

APPLICANT: MONTROSE CLARENDON PARTNERS LLC

ADDRESS: 4400-24, 4401-4415, 4432-4458 N. CLARENDON AVE

INTRODUCED:

APRIL 21, 2013

PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1"

=

400'-0"'

EXISTING

SITE AERIAL MAP



LEGEND

SUBJECT PREMISES

Zoning data reffeds. aB ord inanoes passed

in'.ltie nxjst lecent O tv Osurt'cif rrp&e'liri.g.'-

^•^,C>3Dvrk}t) t;{cV2011T:CaVof:Cht^

APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24, 4401-4415,

4432-4458

N.

CLARENDON

AVE

"iNTRODUCEDr'

APRIL

21, 2013

PLAN

COMMISSION:

JANUARY

21,

2016

SCALE: 1"

=

250'-0"

EXISTING

ZONING

MAP



MAL FOR PUBLICATION

LEGEND

SUBJECT

PREMISES

1

INSTITUTIONAL

c

BUSINESS/COMMERCIAL

R

RESIDENTIAL


ADDRESS: 4400-24,

4401-4415,4432-4458

N.

CLARENDON AVE

INTRODUCED:

APRIL 21, 2013


=

250"-0"

EXISTING

LAND

USE

MAP



FINAL

FOR PUBLICATION

.W^SUNNYSIDEAVt

- 162 21

P.D.

BOUNDARY -

Ji:

117n5*PROPERiniNE(P L.1

SUB AREA

"B"

117.10" PROPERTY LNE

(P L.I

- 307.27'

PUNNED

DEVEinPMEin IPJ).IB0UII01R Y-

y

9 D8 P.D.

BOUNDARY

1

i

r1

•

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.AVE.

nMF.waYTnt rnn

«a.S<PROPERTY

UNE

IPJ..I

SUB AREA 'A'

323.42' PROPERTY LNE (P.L)

65.0 1'P.0 BOUNDARY

14.00' P.D.

eOUNDARV

S1.60'

P.D.

BOUNDARY

SUB AREAi

103.00

PROPERTY LfJE

IP.LI

.W, MONTROSE. AVt.

TWO-WAV TRArriC

- <97.23' PLANNED DEVELOPMENT IP.D BOUNDARY -

N


ADDRESS: 4400-24,4401-4415,4432-4458 N. CLARENDON AVE

INTRODUCED:

APRIL 21, 2013

PLAN

COMMISSION:

JANUARY

21, 2016

SCALE:

1"

= 100"-0"

PLANNED DEVELOPMENT

BOUNDARY/

SUB-AREA MAP




J L

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T T T T

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APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

SITE LANDSCAPE

PLAN

DDRESS: 4400-24, 4401-4415, 4432-4458 N.

CLARENDON

AVE

SITE LANDSCAPE

PLAN

INTRODUCED:

APRIL

21,

2013

SITE LANDSCAPE

PLAN

PLAN

COMMISSION: JANUARY

21,

2016

SCALE:

1"

= lOO'-O"

SITE LANDSCAPE

PLAN



HI AL hUK PUbLIUAIlUN



f

I

i

W. SUNNYSIDE AVE.

TWOXAY TBAfEIC

1

'/,••'.••''.•'•••'

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v- r< ^B '-y ,ir -g ';, 32'-e- .u^ ri;. e\ J,n'-g'J.


SUB-AREA

'B'

SITE PLAN

ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE,

SUB-AREA

'B'

SITE PLAN

INTRODUCED: APRIL 21, 2013

SUB-AREA

'B'

SITE PLAN


=

60'-0"

SUB-AREA

'B'

SITE PLAN



APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

SUB-AREA "B'

LANDSCAPE PLAN

ADDRESS: 4400-24,4401-4415,4432-4458 N.

CLARENDON

AVE

SUB-AREA "B'

LANDSCAPE PLAN


SUB-AREA "B'

LANDSCAPE PLAN

PLAN

COMMISSION: JANUARY 21, 2016

SCALE: 1"

=

60"-0"

SUB-AREA "B'

LANDSCAPE PLAN



EXISTING BUS

SHELTER

TO

REMAIN

EXISTING STREET

LAMP

TO REMAIN

NEW ORNAMENTAL

METAL FENCE

AND GATE

EXISTING STREET

LAMP

TO REMAIN

APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24,

4401-4415,4432-4458

N.

CLARENDON AVE

INTRODUCED:

APRIL

21, 2013

PLAN

COMMISSION:

JANUARY

21, 2016

SCALE:

1"

= 60"-0'

SUB-AREA

'B'

INTERIM SITE PLAN



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APPLICANT:

MONTROSE CLARENDON

PARTNERS LLC

ADDRESS: 4400-24, 4401-4415, 4432-4458

N. CLARENDON AVE

INTRODUCED: APRIL 21,2013

PLAN COMMISSION: JANUARY 21, 2016 SCALE: N.T.S

PLANT

LEGEND



KAL

FOR PUBL1C/3U ION

GREEN ROOF CALCULATION

-

SUB-AREA

'A"

GROSS ROOFTOP AREA =

LESS ESTIMATED MECHANICAL AREA •

LESS

ESTIMATED POOL AREA =

73,787 SF

5,102 SF

4,141 SF

ESTIMATED NET ROOFTOP AREA =

ESTIMATED HARDSCAPED

OUTDOOR AMENITY AREA -

ESTIMATED PLANTED ROOF AREA •

64,544 SF

22,443 SF

42,101 SF

ESTIMATED

ROOF

AMENITY

AREA

•

ESTIMATED NET GREEN ROOF

=

64,544

SF

65%

LEGEND

'*-.->t.-igla i ?

= GREEN ROOF TRAY

=

LAWNIPLANTER

-

PEDESTAL PAVER

-

COLOR

#1

=

PEDESTAL PAVER

-

COLOR

#2

=

WALKINGI JOGGING TRACK

EXTENSIVE GREEN

ROOF SYSTEM, TYP.

-jf

PRECAST

PAVER. TYP.

GRASS

LAUN.

TYP.

0RNA 1ENTAL TREE. TYP.

lUOOD DECXlNiS, TYP.

N

®

APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24,

4401-4415,4432-4458

N.

CLARENDON

AVE

INTRODUCED:

APRIL

21, 2013

PLAN

COMMISSION:

JANUARY

21, 2016

SCALE: 1"

=

60'-0"

SUB-AREA 'A'

GREEN ROOF

PLAN



GREEN

ROOF

CALCULATION - SUB-AREA 'B'

GROSS ROOFTOP AREA

= 24,230

SF

LESS ESTIMATED MECHANICAL AREA = 4,930 SF

LESS ESTIMATED PRIVATE TERRACE AREA = 2,800 SF

ESTIMATED

NET ROOFTOP AREA

=


OUTDOOR AMENITY AREA-

ESTIMATED PLANTED

ROOF AREA

-

ESTIMATED

GREEN

ROOF AREA

ESTIMATED

NET GREEN ROOF

16,500

SF

OSF

16,500

SF

16,500

SF

100%

LEGEND

mm

GREEN ROOF TRAY

: LAWN/PLANTER

•

PEDESTAL PAVER

-

COLOR

#1

•

PEDESTAL PAVER

•

COLOR

#2

= WALKINGIJOGGING TRACK

V SECOND LEVS-R OCf-kT /SECOND

"^ E L • l4- -e"

r"

D

APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24, 4401-4415, 4432-4458 N.

CLARENDON

AVE

INTRODUCED:

APRIL 21, 2013

PLAN

COMMISSION: JANUARY 21, 2016 SCALE: 1"

=

60'-0"

N

SUB-AREA

'B' GREEN ROOF

PLAN



FGR PUBLiCATiO

GREEN ROOF

CALCULATION -

SUB-AREA "B"

GROSS ROOFTOP AREA = 6,003 SF

LESS

ESTIMATED

MECHANICAL

AREA

= 1,425 SF

LESS

ESTIMATED

PRIVATE TERRACE AREA

= 0 SF

ESTIMATED NET ROOFTOP AREA =


OUTDOOR

AMENITY

AREA

-

ESTIMATED

PLANTED ROOF AREA •

ESTIMATED

GREEN

ROOF AREA

-

ESTIMATED NET GREEN ROOF %

4,578 SF

OSF

4,578 SF

4,578

SF

100%

LEGEND

GREEN ROOF

TRAY

LAWNIPLANTER

PEDESTAL PAVER

-

COLOR

#1

=

PEDESTAL PAVER

•

COLOR

#2

WALKINGIJOGGING TRACK

T/ B30F SLiBi

EL-

a C - B '

: i ; ± ; H ; :

•1 EIWI'IB ::\ t'iiTf

., I

N

0

APPLICANT: MONTROSE

CLARENDON PARTNERS

LLC

ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE

INTRODUCED: APRIL

21, 2013

PLAN

COMMISSION: JANUARY 21, 2016 SCALE: l".= 60'-0"

SUB-AREA

'C

GREEN RGGF

PLAN



fim. FOR PUBliCAIiON

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0 -

UNIT

09

STUDIO

UNIT

11

16R

UIIIT 13

STUDIO

UNIT

15

IBR

UNIT

17

STUDIO

505 SF

UNIT

08

STUDIO

UNIT

ID

S1U0I0

UNIT

12

IBR

UNIT

14

IBR

UNIT

16

2BR

NOTE: INTERIOR LAYOUT IS SHOWN

FOR

ILLUSTRATIVE PURPOSES

ONLY.

APPLICANT: MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24,

4401

-4415,4432-4458 N.

CLARENDON

AVE

INTRODUCED:

APRIL

21, 2013

PLAN

COMMISSION:

JANUARY

21, 2016

SCALE: 1" = 50"

SUB-AREA 'A'

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PLAN



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R PUBLCATON

NOTE:

INTERIOR

LAYOUT

IS

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PURPOSES

ONLY.

APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24,4401-4415,

4432-4458

N.

CLARENDON

AVE

INTRODUCED: '

AF'l^2lT2013

PLAN

COMMISSION:

JANUARY

21, 2016 SCALE: 1"

= 50'

l\l

SUB-AREA "B"

TYPICAL FLOOR PLAN



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APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24, 4401-4415, 4432-4458 N.

CLARENDON

AVE

INTRODUCED:

APRIL 21, 2013

PLAN

COMMISSION: JANUARY 21, 2016 SCALE: 1/64"

=

V-O"

SUB-AREA 'A'

EAST

ELEVATION



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MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24, 4401-4415,

4432-4458

N.

CLARENDON

AVE

INTRODUCED:

APRIL

21, 2013

PLAN

COMMISSION:

JANUARY

21, 2016 SCALE: 1/64"

=

I'-O"

SUB-AREA 'A'

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APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS: 4400-24,4401-4415,4432-4458 N.

CLARENDON

AVE


PLAN

COMMISSION: JANUARY 21, 2016 SCALE: 1|64"

=

V-O"

SUB-AREA 'A'

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APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS:

4400-24,4401-4415,4432-4458

N.

CLARENDON

AVE

iNTRClbuCED:

APRIL

21,

2013

PLAN

COMMISSION:

JANUARY

21, 2016 SCALE: 1/64"

=

1'-D"

SUB-AREA 'A'

WEST

ELEVATION



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APPLICANT:

MONTROSE CLARENDON

PARTNERS

LLC

ADDRESS:

4400-24,

4401-4415,4432-4458

N.

CLARENDON

AVE

INTRODUCED-

APRIL

2I7201

3

"

PLAN

COMMISSION: JANUARY 21, 2016 SCALE: 1/64"

=

l"-0"

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APPLICANT: MONTROSE

CLARENDON

PARTNERS LLC

ADDRESS: 4400-24, 4401-4415,4432-4458 N. CLARENDON AVE

INTRODUCED:

APRIL 21, 2013

PLAN COMMISSION: JANUARY 21, 2016 SCALE: 1/64" = I'-O"

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'B'

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ADDRESS: 4400-24,4401-4415,4432-4458

N.

CLARENDON AVE

INTRODUCED:

APRIL 21, 2013

PLAN

COMMISSION: JANUARY

21,

2016

SCALE:

1/64"

=

I'-O"

SUB-AREA 'C

ELEVATIONS



DEPARTMENT OF

PLANNING

AND DEVELOPMENT

C I T Y OF C H I C A C Q

MEMORANDUM

TO: Alderm an Daniel S. Solis

Chairman, City Council Committee on Zoning

FROM:

David

L.

Re ifrfian

Secretary

Chicago Plan Commission

DATE: January 22, 2016

RE:

Proposed Am endm ent to Planned Development No. 138 for property generally

located at 4400 Block of North Clarendon A venue.

On January 21, 2016, the Chicago Plan Commission recommended approval ofthe

proposed amendm ent subm itted

by

Montrose Clarendon Partners, LLC and

the

Missionary Sisters

of

the Sacred Heart.

A

copy

of

the proposed am endm ent

is

attached. I would very m uch a ppreciate your assistance

in

having this introduced at the

next possible City Council Committee on Zoning hearing.

Also enclosed

is a

copy

of

the staff report to the Plan Commission which includes the

Department of Planning and Development, bureau of Planning and Zoning

recommendation and

a

copy

of

the Resolution.

If

you h ave any qu estions in this regard,

please do not hesitate

to

contact m e

at

744-5777.

cc: Steve Valenz iano

PD Master File (Original PD, copy of memo)

1 21 N O K T H

S T R E E T .

K O O M

1000.

C H I C A G O . I L I . ( . \ 'O i . S

60602




January 21,

2016

Mont rose

and

C larendon

Resident ia l Planned Development

Site Aerial

AoptiCJint Mon irme Clarendon Pirtncr s, LLC

Audrmi

4 4 0 0 - : J ,

-UOI-UIS. ')432-4J58 N Clirenrion Av*

Introduced June

7 1,

2ni3

Plan Commssion Janu try 21, 2016

W W

Site Photos

Vifiw from Monroso and Carendon looking north

Applicjint V.onir uiv C1[(> da<-. Partr.eis. LiC

Addr eii 4J100-24, 4401-4415, 4432-4458 N Ciiren don Ave

Inlroduced June 2 1, 2013

PUn Cornniiision Jinudry

2 1,

2016

View from Monrose, looking northeas



Existing Zoning Map

Addrw,

introduced

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M l

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• 5 4 0 0 - 2 4 . 4 4 0 1 - 4 4 1 3 . 4 4 3 7 - 4 4 S 3 N C l a r e n d o n A v e

l u n e 3 1, 2 0 1 3

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Planned Development Boundary Plan

li'

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A d d r e s s 4 4 0 0 - 2 4 , 4 4 0 1 - 4 4 1 5 , 4 4 3 2 - 4 4 5 3 N C l a r e n d o n A v e

l . n i r o d u ce d J u n e 21 , 2 0 1 3

P l a r> C o m m i s s i o n J a n u a r v i ' l , 2 0 1 6

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Applicjnt

Address

(Unjduce'J

Mcni rnnf C^a'e.- idi jri Pini nrs , L;C

4400-24. 4.i0] 441'; . 443-J-44'ja N Cljrei 't

; t f n e r j , P O : J

.n Comrnission lanuir v 71. 2016

Ground Floor Plan

l i i

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Applicant Montrusc Ciar> i idon Pinners , LLC

Address 4400-24 , 440J- 441;i. 4432 445S N Clarendon Ave

Introduced Juno ^ 1 , lU13

Plan Commiss ion January 2 1, 2016

Upper Floor Plans - Subarea A

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App li can t Mo i i fo so Cla . 'c rdo r Pn re r i . LLC

Address 44O0-24. 4401 4415, 4432 N CI*-ei-f:o n Ave

Introdu ced June 25. 2013

Pfan Com.Tiissior. January 21, 2016



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June 21 2013

January 7 1, 2016

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Plan Commis

Mon lroiu Clarendon Partners, LLC

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January 7 1, 2016

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Address 4400-74. 4401-4415. 4432-4458 N Clarendon Avi*

Introduced June 71 . 7013

Pl^n Commission January 2 1, 2016



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FINAL

R E P O R T

to the

CHICAGO

PLAN

COMMISSION

from the

D E P A R T M E N T

O F PLANNING AND D E V E L O P M E N T

J A N U A R Y

21, 2016

FOR A P P R O V A L : P R O P O S E D

AMENDMENT TO PLANNED

D E V E L O P M E N T

138

(APPLICATION

17707) AND L A K E

MICHIGAN

AND

CH ICAGO

L A K E F R O N T PROTECTION OR DINANCE (APPLICATION 627)

APPLICANTS:

M O N T R O S E C L A R E N D O N P A R T N E R S , LLC AND MISS IONARY

S I S T E R S O F T H E S A C R E D

HEART

LOCATION:

4400

B L O C K O F NORTH C L A R E N D O N A V E N U E

Pursuant to the provisions o ft h e C hicago Zoning Ordinance, Title 17 of the M unicipal Code

of Chicago, the Department of Planning and Development hereby submits this report and

recomm endation regarding a proposed am endm ent to Planned D evelopment 138 for your

review and recommendation to the Chicago City Council. The application for this

amendment to the Zoning Ordinance was introduced into the City Council on April 10,

2013. Proper legal notice of the public hearing on this application was published in the

Chicago Sun-Times on Jan ua rys , 2016; the co-applicants, Montrose Clarendon Partners,

LLC and Missionary Sisters o ft he Sacred H eart (Applicant), were separately notified o fth is

hearing.

The Ap plicant proposes to ame nd this planned developme nt through the dem olition of all

existing structures and the co nstruction of two new high-rise buildings and one single-story,

retail structure. The resulting project will provide one building at the northwest corner of

W est M ontrose and North Clarendon Avenues (Sub-Area A) containing a maximum of 381

residential units, 30,000 square feet of comm ercial space and 278 parking space s with a

maximum height of 259'. A second building will be constructed at the northwest corner of

W est Agatite and North Clarendon Avenues (Sub-Area B) and will contain a ma ximum of

250 residential units and 160 parking spaces with a maximu m h eight of 157'. Th e property

at the northeast corner of West Montrose and North Clarendon Avenu es (Sub-Area C) will

be improved with a

6,000

square foot, single-story, retail structure with 11 surface parking

spaces. The Applicant is requesting that the subject property be rezoned from RM-5

(Residential M ulti-Unit District) and PD 138 to B3-5 (Com mu nity Shop ping District) prior to

re-establishing this planned developme nt as Planned D evelopment 138, as amen ded.

This request is being submitted as a mandatory amendment to an existing planned

development, pursuant to Sections 17-13-0611-A(1-3) and 17-13-0611-B, of th e C hicago

Municipal Code, due to the proposed change in the character of the development, the

increase in the rhaximum perm itted floor area ratio and the introduction of dwelling un its. In

addition,

the subject site is located within the Private-Use Zone of th e Lake Michigan and

Chicago Lakefront Protection District; therefore, the proposed developmen t o ft h e site is



F W A L

also

regulated by

Section

16-4-100.

P R O J E C T B A C K G R O U N D

Montrose Clarendon Partners, LLC, is the contract purchaser and has filed both

applications with the consent of the current owners, the Missionary Sisters of the Sacred

Heart, which is also a co-ap plicant to this ap plication. The 4.76-acre subject site consists of

two currently vaca nt structures that, along with an adjacent su rface parking lot and p assive

open space, comprise the campus of the former Cuneo Hospital/Columbus Maryville

Academy Shelter, all of which has been closed since 2005.

SITE AND

A R E A DESCR IPT ION

The subject property is located within the

46 * W ard,

the Uptown Comm unity Area and the

Montrose/Clarendon Tax Increment Finance District. It is surrounded by property zoned

RM-5 to the no rth; property zoned RM-5 and R M-6.5 to the so uth; Clarendon Park to the

east (a portion of which is zoned POS-2, Parks and Open Space District, and another

portion of which is zoned RM-5); and property zoned RM-5 and B3-5 to the west.

As previously m entioned, the site is located within the boundaries o fth e Private-Use Z one

o fth e Lake M ichigan and Chicago L akefront P rotection District; but, it is not located within

the boundaries of a Chicago Landmark District nor does it contain a designated local or

national landmark structure or site.

The area is served by the Chicago Transit Authority's bus routes #36 (Broadway), #78

(Montrose), #135 (Clarendon/LaSalle Express), #136 (Sheridan/LaSalle E xpress), #144

(Marine/Michigan Express), #145 (Wilson/Michigan Express), #146 (Inner Drive/Michigan

Express),

#148 (Clarendon/Michigan Express) and #151 (Sheridan) and the CTA rail

station at W ilson o n the Red Line ; all with stops located within app roxima tely y2-mile o fth is

development.

P R O J E C T

DESCRIPT ION

The Applicant is proposing to transform this shuttered hospital campus through the

dem olition of all existing s tructures and the con struction of various new buildings in order to

create a new mixed-use developme nt along Clarendon Park in Uptown .

The development proposal consists of the demolition of the existing buildings and

construction of two new high-rise buildings and one single-story, retail structure. The

resulting project will provide one building at the northwest corner of West Montrose and

North Clarendon Avenues (Sub-Area A) containing a maximum of 381 residential units,

30,000 square fee t of comm ercial space and 278 parking spaces with a maximum height of

259'.

A second building will be constructed at the northwest corner of We st Agatite and

North Clarendon Avenues (Sub-Area B) and will contain a maximum of 250 residential

units and 160 parking space s with a maxim um height of

157'.

The property at the northeast

corner of W est Mo ntrose and North Clarendon Avenue s (Sub-Area C) will be improved with

a

6,000

square foot, single-story, retail structure with 11 surface parking spaces.

The total project cost is $125 m illion. The project is expected to g enerate a n estimated 500



FINAL

construction jobs and ultimately 65 permanent jobs, once complete. The project is

anticipated to be constructed in phases, the first of

which

will consist oft he construction of

the building at the northwest corner of West Montrose Avenue and North Clarendon

Avenue (Sub-Area

A ),

containing a m aximum of

381

residential units, 30,000 square feet

of commercial space and 278 parking spaces with a maximum height of 259', and

development of the property at the northeast corner of West Montrose and North

Clarendon Avenues (Sub-Area C), with a 6,000 square foot, single-story, retail structure

with 11 surface parking space s. This first phase is positioned to break ground by July 2016 ,

with residential occupancy, along with retail function s, beginning by July

2018.

The second

phase, located at the northwest corner of West Agatite and North Clarendon Avenues

(Sub-Area B), will contain a maxim um of 250 residential units and 160 parking spaces w ith

a m aximu m height of 157' and will be constructed at a currently undeterm ined future d ate.

DESIGN

The Sub-Area A tower is planned to be architectural concrete with punched window

openings and sections of glass curtain

wall.

The base will be glass storefront with glass

fiber reinforced concrete panels, architectural louvers, metal panels and opaque glass

along the south and east facades. The tower is situated at the east end o ft he site, on the

main corner of W est M ontrose Avenue and North Clarendon Avenue, where the main retail

entrance will also be located; three-story townhomes are proposed along West Agatite

Avenue to provide a softer, residential, exterior to the tower's base, more in line with the

scale and character of development further west on Aga tite T he tower's am enity deck will

be found on the roof of the parking and retail structure, the walls of which are marked by

cutouts which will provide a visual connection between the residents and activity on the

adjacent streets and park space to the south and east.

The Sub-Area B tower is planned to be glass with masonry and glass fiber reinforced

concrete panels at the base. The single-story building in Sub-Area C is planned to be a

one-story glass and metal panel building.

LANDSCAPING

The perimeter of project, including some portions along public alleys, will include both

shrubbery and street tree plantings. The entirety of Planned Development 138, as

amended,

will meet the requirements of the Chicago Landscape Ordinance. More

specifically, each of the towers is proposed to include recessed vehicular courtyards

accessed directly from West Agatite Avenue. Both courtyards will provide a landscape

island for pede strian relief while crossing the ingress and egress drivew ays. A pocket park

will also be located at the southwest corner of Sub Area A, along the alley at the

southwestern boundary of this planned development. Finally, while an end user has not

been identified for Sub Area C, the site plan provides for both an active and landscaped

patio area adjacent to the Clarendon Park tennis courts.

A C C E S S / C I R C U L A T I O N

Drop-off courtyards are proposed for each of the new towers, both directly aligned with

each other and accessed off of West Agatite Avenue. The Sub-Area A tower includes a

parking garage with a maximum of 278 spaces, along with both retail and residential



FINAL

loading areas, all accessed via two adjacent curb cuts located mid-block on North

Clarendon, between West Agatite and West Montrose Avenues. The Sub-Area B tower

includes a 16 0-space parking g arage; vehicular access to such, along with to this bu ilding's

associated residential loading are as, will be made available from the a djacent pu blic alley.

To help accommodate the residential, guest and retail vehicular circulation patterns

proposed in this plan, while minimizing the impact on the lower density, residential

character of West Aga tite Aven ue, the Department of Transportation has approved two -

way traffic on both W est S unnyside and West Agatite Ave nues, between North C larendon

Avenue and the alley immediately to the west of Sub-Area B. Parking and loading for the

proposed Sub-Area C single-story retail building will be provided in a surface lot which will

be accessed directly off of North Clarendon Avenue, across from the dual driveways

serving the Sub-Area A tower.

Individuals traveling on foot, bicycle or via some other non-vehicular means, or from any

numb er of the n earby pub lic transportation options, will be able to access all portions of the

development from all adjacent public rights-of-way from any direction. Bicycle stalls (173)

will be provided throughout the project, including within the parking structures and in

proximity to the retail uses in the project, all located off o ft h e adjacent public rights-of-way.

SUSTAINABILITY

Through the provision of green roofs, currently designed to cover 100% ofthe net roof

area, and the attainment of Leadership in Energy and Environmental Design (LEED)

certification for all three proposed buildings, the project will exceed the guidelines of the

Sustainable Policy of the Depa rtment of Planning and Development.

BULK/USE/DENSIT Y

The proposed m aximum Floor Area R atio for Planned Developm ent 138, as amen ded , is

5.0. However, within PD 138 are three sub areas, with FAR ranges as follows:

• Sub Area A ^ 4.42 FAR

• Sub Area B - 6.87 FAR

• Sub Area C - 0.42 FAR

The project will include a total of 631 residential units, wh ich, based on the M inimum Lot

Area requirements found in Section 17-3-0402 and the provision of a maximum of 37% of

the units as efficiencies, is 15% below the maximum number of units allowable on-site.

The maximum allowable height to the top of highest floor containing occupied units within

Sub-A rea A is 259', within S ub-Area B is 157' and within Sub -Area C is 20'; the S ub-Area A

and B respective elevator shaft overruns will have a maximum height of 267' and 167'. All

height maximums are in accordance with the stipulations of Section 17-3-0408-A, as it

pertains to buildings with 100' or more of lot frontage and ground floor commercial space

within a B3-5 zoning district.

RECOMMENDATION

The Department of Planning and Development has reviewed the project materials



FINAL

submitted by the Applicant and compared this proposal for redevelopment of these

underutilized parcels to the requirements of the Chicago Municipal Code and existing

development in the community. The area around this project is a diverse mix of

institutional, open spa ce, residential and retail developme nts an d is in very close proximity

to Clarendon Park, Lake Michigan, Lake Shore Drive and Montrose Harbor. Based on the

entirety ofthe department's analysis, DPD has concluded that this proposal is appropriate

for this site, and supports this development, for the following reasons:

1) Public review of this proposal (per Section 17-8-0101) wa s afforde d at the

December 13, 2012; November 25, 2013; January 6, 2014; and, November 30,

2015 com mu nity me etings hosted by the 46*" W ard Ald erm an an d M ontrose

Clarendon Partners, LLC;

2) Unified planning and developm ent for the entire project area (per 17-8-0102)

helped produce a final proposal that focuses on m oveme nts thoug h, and activity

internal

to ,

th e

site,

as well as, that which occurs in the surrounding neighb orhood;

3)

Promotion of economically beneficial development patterns that are comp atible

with the character of existing neighborhoo ds (per 17-8-0103), as evidenced by the

proposed uses being akin to the character ofthe immediate community;

4) Provides a level of am enities appropriate to the nature and scale of the project

(per 17-8-0104) with the residential and commercial parking and recreational

provisions designe d to se rve the pro ject's residents and guests while also allowing

public access to portions of the site's open space all while being in accordance

with the stipulations o f the Chicago Z oning O rdinance;

5)

Through a flexible application of selected bulk, use and developm ent standards a

creative, urban design (per 17-8-0105) has been provided in the various heights,

elevation details and building variety;

6)

Prom otes transit, pede strian and bicycle use (per 17-8-0 904 -A-2), ensu res

accessibility for persons with disabilities (per 17-8-0904-A-3) and minimizes

conflict with existing traffic patterns in the vicinity (per 17-8-0904-A-4), as

evidenced through its proximity to public transit, the accommodations made for

bicycle parking, the site's level of pedestrian accessibility and adherence to

stipulations of the Americans with Disabilities Act and the provisions made for

internal loading, truck stacking and parking access;

7)

Properly screens associated parking (per 17-08-0904-C-2) in shared facilities (per

17-08-0904-C-3), as evidenced through the proposed parking being partially

screen ed w ith retail and residential units and designed to accom mod ate a ll uses in

the planned development;

8)

Provides safe and attractive walkw ays and pede strian routes (per 17-8-0905-A-1)

with active street-level spaces and avo ids blank walls within proposed buildings to

engage pedestrian interest (per 17-8-0905-A-2 and 17-8-0905-A-3) and

em pha sizes bu ilding entries through a rchitecture and design (per 17-8-0905-A-4),

as evidenced by the perimeter sidewalks and internal pathways that connect the

propo sal with the surrounding network of sidewa lks and pa thways , the visibility of

the retail space and residential lobby areas from the ad jacent pu blic rights-of-way

and the distinct rooflines, entryways, lobbies and drop-off areas;

9)

Provides doo rs, windo ws and active street-level uses adjace nt to public rights-of-

way (per 17-8-09 05-B -1), locates pn mary p edestrian en tries at sidewalk level (per



FINAL

17-8-0905-B-2) and avoids large expanses of blank walls by partially screening

the parking garage (per 17-8-0905 -B-3), particularly in areas expe cted to rece ive

large amounts of pedestrian activity (per 17-8-0905-B-4), as evidenced by the

significant presence of glass and residential entry-points in the fagade of

all

sides

of the base , particularly along portions of the site that are directly adjacent to the

sidewalks which are expected to receive the highest amou nt of pedestrian activity,

construction to the edge of the site's property lines, the p rovision of access to a ll

elements of the buildings through their respective drop-off courtyards and from

other adjacent sidewalks and other developm ent d etails described in the answers

to questions 7 and 8 above;

10) Creates gradual transitions in bulk and scale (per 17-8-0906 -A-2), as evidenc ed

through the placeme nt of the tallest (259') tower near other sim ilar structures near

the intersection of West Montrose and N orth Clarendon Ave nue s, while locating

the shorter (157') tower near less vertically imposing structures further north on

Clarendon Avenue and keeping the parcel adjacent to Clarendon Park at a

maximum of

30',

which is comparable to the existing Clarendon Park Fieldhouse

located just to the north and within the park;

11) Places buildings on the corner(s), close to both street frontag es and loca tes

parking areas and driveways away from said corner(s) (per 17-8-0906-B-4), as

evidenced by the base and tower locations at-grade and associated vehicular

access points found away from primary pedestrian entry points;

12) Service areas should be located away from the street and away from residential

buildings and entrances (per 17-8-0906-D), as evidenced by the location of such

uses internal to each tower

and,

in Sub Area C, a screened area oft he parking lot;

13)

Architectural design should articulate and en hance buildings, especially those

located at intersections, due to their prominen ce and visibility (per 17-8-0907-A-3)

and all sides and areas of the buildings that are visible to the public should be

treated w ith m aterials, finishes and architectural details that are of high-quality and

approp riate for use on .primary street-facing fagade (per 1 7-8-09 07rA -4), as

evidence d by the relationship of the tower and its base to the ne arby intersection

of W est Mo ntrose an d No rth Clarendon Aven ues and through the material callouts

in this report and on the accompanying elevations;

14) Prom otes environm entally sustainable deve lopm ent practices (per 17-8-0908-A),

as evidenced through the presence of a green roof covering 100% o fth e roof net

site area and the ach ieveme nt of Leade rship in Energy and Environme ntal Design

(LEED) Certification, exceeding the guidelines of the Sustainable Policy of the

Department of Planning and Development; and,

15) Provides inviting and usable open space (per 17-8-0909-A-1) that maxim izes

exposure to sunlight (per 17-8-0909-B-1) and includes numerous on-site

am enities (per 17 -8-0909-C) for residents, guests and the general public (per 17-

8-0910), as evidenced by both the recreational and other activity areas (indoor

and outdoor) being established on the fourth level of the building at the

intersection of W est M ontrose and North Clarendon Avenues for residents o fth is

developmen t and their guests

and,

sepa rately, through the pocket park that

will

be

located at the southw est corner of Sub Are a A, along the alley at the southwestern

boundary of this planned development.



FINAL

The project meets the purpose and criteria set forth in the Chicago Zoning Ordina nce and

its adoption would not have any adverse impact on the public's health, safety or welfare,

specifically:

1)

Per 17-13-0308-A, the site lies within the boun daries of the Mo ntrose Clare ndo n

Tax Increment Financing Redevelopment Area, which was approved by the

Chicago City Coun cil on February 26, 201 0. The correspond ing Land Use P lan

contemplated redevelopment o fth is site in a mixed-use m anner, including mu lti-

family residential, retail and comm ercial develop me nt. This proposa l will achieve

that goal and further the objectives ofthe TIF Plan by improving the physical and

econom ic conditions o fth is a rea, as well as, providing the City and its citizens with

increased activity, new job opportunities and an expanded tax base.

2)

Per 17-13-0308-B, this amend ment is compa tible with other com me rcial and

residential developments, as well as, the zoning districts in the immediate areas

around this subject.

3)

Per 17-13-030 8-C, com me rcial and residential develop me nts located in this area

of Uptown and

with,

good

transit connectivity can be marked by dense, high-rise

structures, akin to the project currently being proposed.

4)

Per 17-13-0308-D, the proposed underlying zoning for this planned developm ent

is consistent with other zoning districts, both adjacent to this site and in the

immediate area.

5)

Per 17-13-03 08-E, the public infrastructure facilities and City services will be

adequate to serve the proposed development at the time of occupancy and the

project will comply with the requirements for access in case of fire and other

emergencies. The proposed project has been reviewed by th e M ayor's Office for

People with Disabilities and the Department of Transportation and all requested

changes have been made. Copies of this application have been circulated to

other City departm ents and agencies and no comm ents have been received wh ich

have not been addressed in the application.

The Department of Planning and Development has also reviewed the project materials

subm itted by the Applicant with regards to the P olicies and P urposes of the Lake Michigan

and Chicago Lakefront Protection Ordinance and has concluded that the proposed

developmen t would be in compliance with the applicable Policies of th e L akefront Plan of

Chicago and the Purposes of the Lake Michigan and Chicago Lakefront Protection

Ordinance, as they apply to development in the Private Use Zone, specifically:

• Policy No. 3 (Continue to improve the water quality and ecological balance of Lake

Michigan) - This project will com ply with all app licable City and M etropolitan W ate r

Reclamation District regulations pertaining to the man agemen t of wastewater and

storm water runoff and will not negatively imp act the purity and quality oft h e w aters

of Lake Michigan.

• Policy No. 8 (Increase persona l safety) - The project will bring increased pedestrian

activity and lighting to the area through the replacement of existing, underutilized

buildings with a new, active, residential and retail community.

• Policy No. 14 (Coordina te all public and private deve lopm ent within the water, park

and comm unity zones) - This site is located within the Private Use Zo ne and the

development has been coordinated with the appropriate City departments and



FINAL

community to minimize the impact of construction and to ensure it remains in

context with the surrounding neighborhood.

With respect to the Policies and Purposes not enumerated here, the Department of

Planning and Development has determined that they are either not applicable to

development in the Private Use Zone or that the proposed project will not have a

detrimental effect on the Lake Michigan shoreline or any wildlife habitats therein. The

proposed project also does not contemplate the introduction of new roadways directly

connecting to the lakefront, does not reduce existing open space and does not interfere

with existing access to, or use of, Lake Michigan and its park system.

Based on the foregoing, the D epartment of Planning and Development has the following

dual recommendation:

1)

That this application for an amendm ent to Planned Developm ent 138 be approved

and that the recom mendation to the City Council Com mittee on Zon ing, Landmarks

and Building Standards be "Passage Recommended, as Amended"; and,

2) Tha t this application, being in conform ance with the provisions of th e Lake Michigan

and Chicago Lakefront Protection O rdinance, be approved, subject to co mpliance

with the Site and Landscape P lans and Building Elevations dated January 21,2 016

and presented be fore you today.

Bureau of Zoning and Land Use

Department of Planning and Development



JAN 2 1 2015

Initial:

l f ^ ^

A P P L I C A T I O N N U M B E R 627

CITY OF CHICAGO

AN APPLICATION

TO

THE

CHICAGO PLAN COMMISSION UNDER

THE

L A K E MICHIGAN

AND

CHICAGO

LAKEFRONT

PROTECTION

ORDINANCE

(This

Application Must Be Typewritten)

The Chicago Plan Commission has provided this

Application

in

accordance with

Section 194B6.I(a) ofthe Lake

Michigan and Chicago Lakefront Protection Ordinance. The Conditions

under

which the provisions of this

Ordinance are applicable are slated in Section 194B-5.1 of the Ordinance. The process of Plan Commission review

and public hearing on

each

proposal

within

the Lake Michigan and Chicago Lakefront Protection

District

will

commence with

the Applicant's submission, to the Chicago Plan Commission, of

a

completed Application and the

required proof

of

notice. Strict compliance

with

Section I94B-6.1(c) is required.

The staff of the Department of Planning and Development is available to provide technical

assistance

to the

Applicant, before preparation of the Application, during the process stages and to review the Application upon

submission to the Chicago Plan Commission. Copies of the Ordinance,

Application

and

examples

of

forms

for

both

notification and proof

o f notice

are available

from

the:

Department of

Planning

and Development

City

Hall

121

North

LaSalle

Street

Room 905

Chicago,

IL

60602

(312)744-5777

This Application consists

of

five

(5) parts:

Part

One - General

Information

Part

Two

- Character

o f

the Proposal

Part Three -

Zoning

Information

Part Four - Potential Impact

of the

Proposal

Part Five - Disclosure Forms

A

copy of this Application

will

be available

fo r

public inspection in

City

Hall, Room 905,

five

(5) days prior to the

date of

which

the public meeting before the Chicago Plan Commission on this

Application

is to be held.

-SECTION BELOW FOR OFFICE USE

ON L Y -

Date

o f

receipt in DP: .

ZBA

aciion

necessary'?

yes no: Type and

in

Bldsjs.:

Status;

Dale of

Applicanl

Notice Disclosure

necossarj'?

j'es

To ta.\payers of record' .

Simultaneous Planned Development

Date set for public hearnig . processing ycs no

Date on

which

Plan Comniission Previous

Application

this address?

published

newspaper

notice: . ycs no; number:

Date

of

publication

of report Zoning map

amendmenl?

yes no #

of Commissioner of DP:

DISPOSITION

Date forwarded lo: DIS DSS . Approved

DPW ; Pk. D. : Disapproved

Other Continued . lo;

Date

Applicanl notified

of decision;

SITE

ADDRESS

4400- 4458 and 4401-4415

North

Clarendon Ave.

nASTA5506003l.3



GUIDELINES

FOR

COMPLEimG

PART ONE OF

THE

APPLICATION

Part One

ofthis

Application provides general informalion to the Chicago Plan Commission for

use in preparing its public notices o f the proposal set forth in the

Application

and in preparing its

review o f

that proposal.

1.

The date entered in

(I.)

should be the date on

which

the

Application

is

filed.

2. The location ofthe site ofthe proposal should be given by street

address; i f there

is no street

address, the location must be described in relation to nearest existing

streets,

rights-of-way

or other fixed points of reference.

3. The Applicant must state his own name, address and telephone number and the name,

address and telephone number of the owner of the subject property (if different). The

Applicant must be either the owner of the subject property or the owner's duly authorized

agent or representative; if the Applicant is the ovmer's duly authorized agent or

representative, the Applicant must submit proof to the Chicago Plan Commission at the time

the

Application

is

filed

of such authorization.

Whenever the ovwiership of the subject property

takes

the form of something other than a

singular

living individual

(partnership, corporation, trust, etc.) the Applicant shall so

indicate. Furthermore, the Chicago Plan Commission may require disclosure of

a ll

parlies

having interest in the subject properly.

4. The description of a proposal should include, at a minimum, types of land

uses

and space

uses,

floor area, number of

dwelling

units and structure height (in feet and stories). Any

additional

information describing the proposal should also be included.

5. Under the provisions of Section 194b-6.1(c) of the Lake Michigan and Chicago Lakefront

Protection Ordinance the Chicago Plan Commission

will

not accept an

Application until

the

Applicant submits to the Chicago Plan Commission a list of names and last known

addresses

of the owners of all property on

which

notice must be served, the names and

addresses of

persons

so served (if different), the method of service employed and a

statement

certifying

that the

Applicanl

has complied wilh all applicable noticing provisions

in

effect

at the time of filing.

6. I f there are any other approvals required from olher public

agencies

before the Applicant can

proceed with their proposal, those approvals musl be listed; except that other City of

Chicago

licenses

and permits may be omitted. I f no other approvals are required,

enter

"NONE"

under

(VI . A.) .

Examples of items

which

should be listed include approvals

f rom

the:

• United States Department of Housing and Urban Development Federal Housing

Administration

• United States Army Corps

o f

Engineers

• Federal

Aviation Administration

• State of

Illinois

Department

o f

Natural Resources

lEASTA-SSOfiOOSLS



PART

ONE: GENERAL INFORM ATION

I . Date o f Application: April 3. 2013 UPDATED November 9, 2015

I I .

Address or location of the Site of the Proposal: 4400-4458 and 4401-4415

North

Clarendon Avenue

I I I .

Information on the Applicant and the Owner

A.

Applicanl

Name: Montrose Clarendon

Partners

L LC Phone: 773-625-3036

Address: 4104 North

Harlem

Avenue, Chicago, IL 60634

B . Owner and co-Applicant

Name: Missionary

Sisters o f the Sacred

Heart

Phone:

(773) 883-7302

Address: 434 West Deming

Place,

Chicago.

Illinois

60614

C. I f

the

Applicant is not the owner, check here X that

proof

has been attached to

this

Appiicalion

that the Applicanl is the duly authorized agent or representative

of

the owner.

D.

I f the ownership of the subject property takes the form of something other than a

singular

living individual

(partnership, corporation, trust, etc.), please indicate

such:

Not-for-profit

corporation

IV .

Brief

Description

o f the

Proposal: See Part

Two,

Figure 6.1

for

project narrative.

V . Initial here: verifying that the noticing provisions of Section 194B-6.1(c) have

been

completed as the apply to the

Applicanl

and this

Application.

V I . The Applicant must also obtain the

fo l lowing

approvals in addition lo the approval of the

Plan Commission (provide an addendum,

i f necessary):

A. Nature of Approval: Approval of a Residential-Business Planned Development

Agency: City

Council

B . Nature of

Approval:

Agency:

C. Nature of Approval:

Agency:

I:AS1A5506003I.3



G U I D E L I N E S F O R C O M P L E T I N G P AR T T W O O F T H E A P P L I C A T I O N

All

graphic materials must be submitted in an 8.5" x 11" format and musl be suitable for clear

and sharp, black and white production. Each map or diagram should have a

scale

and a north

arrow.

Each sheet of graphic material musl be labeled wilh the appropriate figure number. I f

there are multiple sheets comprising one figure (for example figure 4), those sheets should be

labeled consecutively (Figure 4-1, Figure 4-2, Figure 4-3, elc); and, each sheet should contain the

address

of

the site

o f

the proposal.

For Figure 1, the Applicant should consider the

"vicinity

of the site" to be at least as extensive as

the area for

which

he is required lo give notice, plus any intervening streets or other public

rights-of-way.

For Figures 3 and 4, the Applicant should consider that "recreation areas" and "recreation space

and

facilities"

include game courts, swimming pools and pool

areas,

game rooms, exercise

rooms, party rooms, community rooms, observation decks and sun decks.

The required narrative statement should describe the features of the proposed development,

including size and mix of

dwelling

units, mix of

uses

on the site, etc. It should present a basic

rationale fo r the development.

For Figure 6, the Applicant is urged lo provide any materials at 8.5" x 1 1 "

which wi l l

facilitate

the review

o f

the Application.

nASn55060031.3



PART TWO:

CHARACTER

OF

THE

PROPOSAL

This

portion of the Application must be completed by attaching the fo l lowing items, correctly

sized and labeled, to the

Application.

I . Figure 1: Map ofthe Vicinity

o f

the Site, showing (and labeling) Lake

Michigan,

Lakefront

Parks, preferential streets, schools, parks, major institutions and significant developments.

All

streets on this map should be labeled and all

building

footprints

within

the

vicinity

of

the subject site should be outlined and all structure heights should be

identified.

I I . Figure 2: Map of the Existing Site, showing locations and dimensions of lo t lines, contour

intervals (5 ' ) , existing structures,

walkways,

driveways and any other special features.

I I I .

Figure 3: Proposed Site Plan showing locations and dimensions of proposed structures,

driveways walkways, parking

areas,

open

space

and recreational

areas.

IV . Figure 4: Proposed Floor

Plans,

including the ground floor, a

typical

floor and any floors

with

recreational

space

or

facilities.

V . Figure 5: Elevalion or Cross-Section, showing the height and number of stories for all

proposed structures.

V I . Narrative: Statement Describing the Proposed Development.

The Applicant is encouraged to provide additional graphic materials, visual aids, photographs,

full-color

renderings, data tables, elc; any such exhibits should be labeled "Figure 6".

l£ASn55060031.3



PART TWO:

CHARACTER

OF

THE

PROPOSAL

FIGURE 6-1 -

N A R R A T IV E

Current Use

The property subject to this application consists of approximately 131,186 net

square

feet

located north of West Montrose Avenue on the east and west sides of

North

Clarendon Avenue.

The subject property is located

wilhin

the Private Use Zone of the Lakefront Protection

District

and is currently located in the RM-5 Residential Multi-Unit

District

and Institutional Planned

Development No. 138. The subject property is the site of the former Columbus-Maryville

Emergency Shelter. The applicant, Montrose Clarendon Partners LLC (the "Applicant"), is the

contract purchaser

o f

the subject property.

Proposed Plan

The Applicant seeks approval of a mixed-use redevelopment of the property, including

residential, retail and commercial

uses,

and parking. The

Applicanl

has simultaneously

filed

an

appiicalion with the City for a Residential-Business Planned Development zoning designation to

permit

the project. The redevelopment will include approximately 631 residential units,

approximately 36,000 square feet of

retail

and commercial space, and approximately 449 parking

spaces, to be constructed as at least two separate projects in phases.

The

first

project

consists

of redeveloping the portion of the property located south of

Agatite Avenue. This portion of the property includes a developmenl parcel on the west side of

North Clarendon Avenue ("Sub-Area A") and a development parcel on the east side of North

Clarendon Avenue ("Sub-Area

C").

Sub-Area A

would

be developed

with

an approximately 28-

story

building,

including approximately 30,000

square

feet of retail space, 381

dwelling

units,

and 278 enclosed parking

spaces.

Approximately 8 of the proposed

dwelling

units

would

be

townhomes,

fronting

on Agatite Avenue. Sub-Area C, located on the

east side

of

North

Clarendon Avenue,

would

be developed with a single-story commercial

building,

including

approximately 6,000

square

feet of retail/restaurant space and

11

surface parking spaces.

The remaining portions of the project consist of redeveloping the portion ofthe property

located al the northwest corner of Agatite Avenue and

North

Clarendon Avenue ("Sub-Area

B") .

Sub-Area B

would

be developed as a separate project in a later phase, and

would

consist of an

approximately 16-story

building

with approximately 250

dwelling

units and 160 enclosed

parking

spaces.

EAS'n.sS06003l.3



PART

THREE: ZONING INFORMATION

The Applicant must provide the fol lowing

data

regarding zoning considerations for the site

subject lo this proposal; all applicable calculations must be

provided

via an addendum.

I . Is a planned development ordinance or an amendmenl lo an existing planned

development required or permitted in order to allow

fo r

the proposal on this subject

site?

X

Required Permitted N/A

I f

a Planned Developmenl is required, or if it is permitted and the Applicant

chooses

to

pursue the designation, the Applicant is not required to complete the remainder of Part

Three

o f this

Application.

I I . Is a Zoning Board of Appeals approval of a variation or special use required or

contemplated in order to allow

fo r

the proposal on the subject

site?

Yes No

I f Yes, please explain

the nature

o f

the matter that

ZBA will

need to consider:

I I I .

Square Feet

of Net Site Area(s) and Existing Zoning District

Classification(s);

provide an

addendum,

i f

necessary:

Sub-Area I : Zoning District

Classification

Net Site Area

Sub-Area

I I : Zoning

District

Classification

Net Site Area

Sub-Area I I I :

Zoning

District

Classificafion

Net Site Area i

Total

Net Site Area

IV . Dwelling Units

Maximum Units Allowed without Efficiency

Units

Maximum

Units

Allowed including Maximum

Percentage

of Efficiency Units.

Proposed Number o f Dwelling Units

Proposed Number

o f

Efficiency Units •

Proposed Number o f Total Units •

Does the Applicant intend to

increase

allowable floor area by reducing the number of units

constructed below the

maximum

allowed?

Yes No

I f Yes, please specify

the number

o f units,

below the

maximum allowed,

that the project

will

be reduced by and the corresponding Floor Area Ratio

percentage increase

that wil l be requested.

t;AST\5. 06003l.3



V . B ulk

Base Floor Area Ratio, without

Bonuses

Proposed

Floor Area Ratio,

including a ll

Bonuses

List

all

Bonuses being requested:

Proposed

Floor Area

sq. ft .

Percentage of

floor area

devoted to interior recreation space, meeting rooms, etc.

V I .

Off-street Parking and Loading

Minimum

Required Number

Proposed

Parking

Spaces

Loading Docks

VII .

Setbacks

Front Yard

Side

Yard

Rear Yard

Minimum Required

Number

Proposed

EAS1A5

5060031.3



PART FOUR: POTENTIAL IMPACT

OF

THE

PROPOSAL

The Chicago Plan Commission requires lhat the Applicant

address

the

fol lowing

Fourteen (14)

Basic Policies of the Lakefront Plan of Chicago and the Thirteen (13)

Purposes

of the Lake

Michigan

and Chicago Lakefront Protection Ordinance in a

written

statement to the Commission

attached to this

Appiicalion

and labeled as Part Four. The statement should indicate

which

Policies or

Purposes

are or are not applicable to the Applicant's proposal; and, for those Policies

and Purposes

which

are applicable, the statements should discuss the potential impact of the

proposal.

I .

Fourteen Basic Policies

1. Complete the

publicly

owned and

locally

controlled park system along the entire Chicago

lakefront.

2.

Maintain

and

enhance

the predominantly landscaped, spacious and continuous character of the

lake shore parks.

3. Continue to improve the water

quality

and ecological balance of

Lake

Michigan.

4. Preserve the cultural,

historical,

and recreational heritage o f the Lakeshore Parks.

5. Maintain and improve the formal character and open water vista o f Grant Park

with

no new above-

ground

structures permitted.

6. Increase the diversity of recreational opportunities while emphasizing the lake-oriented leisure

time

activities.

7. Protect and develop natural lakeshore park and water areas for

wildl i fe

habitation.

8.

Increase

personal safety.

9. Design all lake

edge

and lake construction to prevent detrimental shoreline erosion. .

10. Ensure a harmonious relationship between the Lakeshore Parks and the community edge, but in no

instance will

further

private development be permitted

East

of

Lake

Shore Drive.

11.

Improve access to the Lakeshore Parks and reduce through vehicular traffic on secondary park

roads.

12.

Strengthen the parkway characteristics of Lake Shore

Drive

and

prohibit

and roadway of

expressway standards.

13.

Ensure that

all

port, water supply, and

public facilities

are designed to

enhance lakefront

character.

14. Coordinate all public and private development within the water, park, and community zones.

I I .

Thirteen

Purposes

I . To promote and protect the health, safety,

comfort,

convenience, and the general welfare

ofthe people, and to conserve our natural resources;

EAST\5.5060031

3



2. To identify and establish the Lake Michigan and Chicago Lakefront Protection District and to

divide

that District

into

several

zones

wherein any and all development or construction, as

specified in

Article

V hereinafter, shall be specifically restricted and regulated;

3. To maintain and improve the purity and

quality o f

the waters of

Lake

Michigan;

4. To

ensure

that construction in the Lake or modification of the existing shoreline shall not be

permitted

i f

such

construction or

modification would

cause

environmental or

ecological

damage

to

the Lake or would diminish water

quality;

and to

ensure

that the life patterns of fist, migratory

birds and other fauna are recognized and supported;

5. To ensure that the Lakefront Parks and the Lake itself are devoted only to public purposes and to

ensure

the integrity o f and expand the quantity and quality ofthe Lakefront Parks;

6. To promote and provide for continuous pedestrian movement along the shoreline;

7. To promote and provide for pedestrian access to the Lake and Lakefront Parks from and through

areas adjacent thereto at regular intervals of one-fourth mile and additional places wherever

possible, and to protect and

enhance

vistas at these locations and wherever

else

possible;

8. To promote and provide

for

improved public

transportation

access

to the

Lakefront;

9. To ensure that no roadway of expressway standards, as hereinafter defined, shall be permitted in

the

Lakefront

Parks;

10. To ensure that development of properties adjacent to the lake or the

Lakefront

Parks is so defined

as to implement the above-stated purposes, provided, however, that with respect to property

located within

the Private Use Zone as established by

Article

V , V I , and IX of this Ordinance, the

permitted use, special use, lot

area

per dwelling unit, and floor

area

ratio provisions ofthe Chicago

Zoning Ordinance, Chapter

I94A

of the Municipal Code of

Chicago,

shall govern except where

such provisions are in substantial conflict

with

the purposes of this Ordinance or the Fourteen

Basic Policies ofthe

Lakefront

Plan o f

Chicago;

11.

To achieve the above-slated purposes, the appropriate public agency should acquire such

properties or rights as may be necessary and desirable;

12.

To define and

limit

the powers and duties of the administrative body and officers as provided

herein;

13.

Nothing

contained in the Lake Michigan and Chicago Lakefront Protection Ordinance shall be

deemed to be a waiver or consent, license or permit to use any property or to locate, construct or

maintain any building, structure or facility or to carry on any trade, industry, occupation or activity

which may be otherwise required by law.

EAS1A55060031.3



PART

FOUR:

POTENTIAL IMPACT OF TH E PROPOSAL

A,

F O U R T E E N B A S IC

P O L I C I E S

/. Complete the publicly owned and locally controlled park system along the entire Chicago

iMkefront.

This

application concerns development within the Private Use Zone of the Lakefront Protection

District

and wil l

have

no adverse impact on the public park system.

2. Kdaintain

and

enhance the predominantly landscaped, .spacious

and

continuous character

ofthe Lakeshore Parks.

This

policy

is not applicable because the improvements subjecl lo this application are

wilhin

the

Private Use Zone and are

nol

part o f the lakeshore park system.

3. Continue to improve th e M>ater quality and ecological balance of Lake Mich igan.

The improvements subject to this application are located west of Lake Shore

Drive

and wi l l have

no adverse impact on water

quality

or ecology.

4. Preserve the cidtural, historical, and recreational heritage ofthe Lake shore Parks.

This

policy is not applicable because the improvements subject to this application are within the

Private Use Zone and are not part

o f the

lakeshore park system.

5. Maintain and improve

the

formal character and open water vista of Grant Park with no

new above-ground structures permitted.

This

policy is not applicable

because

the project is not located within Grant Park.

6. Increase the diversity of recreational opportunities wh ile emph asizing lake-oriented

leisure time activities.

The improvements subject to this application are within the Private Use Zone and are not part of

the lakeshore park system. The improvements include construction of an approximately 6,000

square foot retail/restaurant

building, which

will provide an amenity supportive of lake-oriented

leisure lime activities.

7. Protect and develop natural Lakeshore Park and water areas for wildlife habitation.

This

po licy

is not applicable because the improvements subject to this application are

within

the

Private Use Zone and are not part o f the lakeshore park system.

8. Increase personal safety.

The project wil l , increase personal safety by removing existing, underutilized and vacant

buildings and replacing them

with

new, active street-level

uses

and a residential community.

l-:AS'n55060031.3



9. Design all lake edge and lake construction to prevent detrimental shoreline erosion.

This

policy

is not applicable because the project is not located

wilhin

the lake or on the lake

edge.

JO. Ensure a harmonious relationship between the Lakeshore Parks and the communiiy edge,

but in no instance will further private development

be

permitted east of Lake Shore Drive.

The project is not located

east

of Lake

Shore Drive.

The project

fiirthers

the harmonious

relationship between the community and adjacent parks by providing active ground-level

uses

and upper level views of the park and the lake.

IL Improve access

to the

Lakeshore Parks

and

reduce vehicular traffic

on

secondary park

roads.

This

po licy

is not applicable because the improvements subject to this application are

within

the

Private Use Zone and are not part

of

the lakeshore park system.

12. Strengthen the parkway c haracteristics of Lake Shore Drive and prohibit

a

roadway

of

expressway standards.

This

policy is nol applicable because the improvements subject to this application

wi l l

have no

impact on the characteristics of Lake

Shore Drive.

75. Ensure that all port, water supply, and public facilities are designed to enhance lakefront

character.

This

po licy

is not applicable because the project involves no such public

facilities.

14. Coordinate

all

public

and

private development

M'ithin

the

water, park

and

community

zones.

This

policy is not applicable because the project involves no development within the Public Use

Zone.

B , T H I R T E E N P U R P O S E S

7.

To

promote and protect

the

health, .safety, comfort, convenience,

and

the general welfare

ofthe people, and to conserve our natural resources.

The project

will

help activate the neighborhood by demolishing the existing vacant, obsolete

hospital buildings, and

providing

active ground-level

retail,

residential and other

uses,

thereby

contributing

lo safety, convenience, comfort and general welfare. Parking and traffic

improvements

will

be designed so as to promote and protect health, safety and welfare and

will

be subjecl to the approval ofthe Chicago Department ofTransportation.

EAST\55060031.3



2.

To

idenlify

and

establish

the

Lake Michigan

and

Chicago Lakefront Protection District

an d to divide thai District into several zones wherein any and all development or construction,

as specified in Article V hereinafter, sh all be specifically restricted and regulated.

This

purpose relates to the establishment ofthe Public and Private Use Zones and does not apply

lo individual

applicants.

3. To maintain and improve the purity and quality of the waters of Ixtke Michigan.

The project is located west of Lake

Shore Drive

and wil l have no adverse impact on the

purity

or

quality of the waters of Lake Michigan.

4. To ensure that construction

in

the Lake

or

modification of the existing shoreline shall not

be permitted

if

such construction

or

modification would cause environmental

or

ecological

damage lo the iMke or would diminish water quality; and, lo ensure thai the life patterns offish ,

migratory birds and other fauna are recognized and supported.

The project

does

not

involve

any construction in the lake or

modification

of the existing

shoreline.

5. To ensure lhat the Lakefront Parks and the Lake itself are devoted only to public

purposes and to ensure the integrity of and expand the quanlily and quality of the Lakefront

Parks.

The improvements subject to this appiicalion are not part of the lakeshore park system.

6. To promote and provide f o r continuous pedestrian movement along the shoreline.

The project wil l not impede pedestrian movement along the shoreline.

7. fo promote and provide for pedestrian access lo the iMke and Lakefront P arks from and

through areas adjacent thereto at regular intervals of one-fourth (1/4) mile and additional

places wherever possible;

and, lo

protect

and

enhance vistas

at

these locations

and

wherever

else possible.

The project does not adversely impact pedestrian access to the lake and

Lakefront

Parks.

8. To promote and provide for improved public transportation access lo ihe Lakefront.

The project does not adversely impact any public transportation access to the

lakefront.

9. To ensure lhat no roadway of expressway standards, as hereinafter defined, shall he

permitted in the Lakefront Parks.

The project

does

not include any roadways

in

the Lakefront Parks.

10 .

To

ensure that development of properties adjacent

to the

Lake

or the

Lakefront Parks

is

so defined as to implement the above-staled Purposes, provided, how ever, lh at with respect to

EAS1A5

5 060031 3



properly located wilhin the Private Use Zone as established by Article V, VI, and IX of this

Ordinance,

the

permitted

use,

special

use, lot

area

per

dwelling unil,

and

floor • area ratio

provisions found

in the

applicable chapters

of

the Chicago Zoning Ordinance portion

of

the

Municipal Code of Chicago, shall govern, except where such provisions are in substantial

conflicl wilh the Purposes of this Ordinance

or

the Fourteen Ba.sic Policies of the Lakefront Plan

of Chicago.

The project wil l be in compliance with applicable zoning regulations and wil l not be in conf l icl

with

the purposes of the Lake

Michigan

and Chicago Lakefront Protection Ordinance or the

Fourteen Basic Policies o f the

Lakefront

Plan o f Chicago.

77. To ach ieve the above-stated purposes, the appropriate public agency should acquire such

properties or rights as may be necessary and desirable.

The improvements subject to this application are

within

the Private Use Zone and wil l remain

privately owned.

12 .

To

define

and

limit

the

powers

and

duties

of

the administrative body

and

officers

as

provided herein.

This

purpose

does nol apply to

individual

projects.

13. Nothing contained

in the

Lake Michigan

and

Ch icago Lakefront Protection Ordinance

shall be deemed to be a waiver or consent, license or permit to use any property or to locate,

construct or maintain any building, structure or facility or to carry on any trade, industry,

occupation

or

activity which may be otherwise required by law.

'

This

purpose does not apply to individual projects.

EAST\55060031.3



FINAL

D E P A R T M E N T O F P L A N N I N G A N D D E V E L O P M E N T

C I T Y O F C H I C A G O

4400 BLOCK O F NORTH C L A R E N D O N A V E N U E

P R O P O S E D AMENDMENT TO

R ESIDENTIAL BUS INESS

PLANNED D E V E L O P M E N T

NO. 138 (APP LICATION NO. 17707) AND

L A K E MICHIGAN AND CH ICAGO L A K E F R O N T

P R O T E C T I O N

O R D IN A N C E

(APPLICATION

NO. 627)

R E S O L U T I O N

W HE RE AS , the co-Applicants, Montrose Clarendon Pa rtners, LLC and the Missionary Sisters of

the Sa cred Heart, have subm itted an application seeking approval for a developm ent

pursuant to the regulations and requirements of the Lake Michigan and Chicago

Lakefront Protection Ordinan ce; and,

W HE RE AS , the co-Applicants, have submitted an application seeking approval for an am end me nt

to Planned Development No. 138; and,

W HE RE AS , the co-Applicants are proposing to construct a 259'-tall tower that will conta in 381

residential units, 30,000 square feet of comm ercial space and 278 p arking s pace s; a

157'-tall tower that will contain 250 residential units and 160 parking spa ces ; an d, a

6,000

square foot, single-story; retail structure with 11 surface parking spac es; an d,

W HE RE AS , the co-Applicants' request for developm ent approval pursuant to the regulations and

requirements of the Lake Michigan and Chicago Lakefront Protection Ordinance was

filed with the Department of Planning and Development on April 4, 2013; and,

W HE RE AS , the co-Applicants' request to am end and re-establish Planned Developm ent No. 138

as Planned Development No. 138, as amended, was introduced to the City Council

on Ap ril 10, 2013; and,

W HE RE AS , proper legal notice o ft h e hearing for both applications before the Plan Com mission

was published in the Chicago Sun-Times no later than January 6, 2016; the co-

Applicants were separately notified of this hearing and the proposed zoning

application and associated a pplication pursuant to the regulations and requirements

of the Lake Michigan and Chicago Lakefront Protection Ordinance we re con sidered

at a public hearing by this Plan C omm ission on January

21 ,

2 016; and,

W HE RE AS , the Plan Commission has reviewed the applications with respect to the ap plicable

provisions of the Zoning Ordinance and the Lake Michigan and Chicago Lakefron

121 NORTH LASALLE STREET , ROOM 1000 . CHICAG O, ILLINOIS 60602



FINAL

Protection Ordinance and finds that the proposal will be consistent with said

provisions; and,

WHEREAS, the Department of Planning and Development recommended approval of both

applications, with the recommendations and explanations contained in the written

report dated January

21 ,

2016, a copy of which is attached hereto and m ade a part

hereof; and,

WHEREAS, the Plan Commission has fully reviewed the applications and all informational

submissions associated with the proposed am endm ent and request for dev elopm ent

approval, the report and recommend ation oft he Com missioner of the Dep artme nt of

Planning and Development and all other testimony presented at the pu blic h earing

held on January 21 ,20 16 , giving consideration to the Zoning Ordinance an d the Lake

Michigan and Chicago Lakefront Protection Ordinance.

NOW,

T H E R E F O R E ,

B E IT

R E S O L V E D

B Y T H E

CH ICAGO PLAN

COM MISSION:

1. THA T the above-stated recitals to this resolution together with the report of the

Com missioner of the D epartment of Planning and Development be ado pted as the findings

of fact of the Plan Commission regarding this Lake Michigan and Chicago Lakefront

Protection O rdinance application; and,

2 THA T the above-stated recitals to this resolution together with the report of the

Com missioner of the De partment of Planning and De velopment be adopted a s the find ings

of fact oft he Plan Comm ission regarding this zoning map am endm ent ap plication; an d,

3. THA T the final application dated January

21 ,

2016, be approved as being in conformance

with the provisions, terms and conditions o ft he corresponding Lake Michigan a nd C hicago

Lakefront P rotection O rdinance application; and,

4. THA T the final application dated January 21 , 2016, be approved as being in conformance

with the provisions, terms and conditions ofthe corresponding zoning application; and,

5. THA T this Plan Com mission recomm ends approval to the City Cou ncil Com mittee on

Zoning,

La ndmarks and Building S tandards o fth e final zoning application dated January

21

2016.

Martin Cabrera, Jr.

Chairman


PD No. 138, as amended

LMCLPO No. 627

Approved: January 21 , 2016

121 NORTH LASALLE STREET, ROOM 1000, CHICA GO , ILLINOIS 60602



CITY OF CHICAGO

APPLICATION

FOR

A N AMENDMENT

TO

TH E

CHICAGO

ZONING

ORDINANCE

1. ADDRESS of the property Applicant is seeking to rezone:

4400-4458 and 4401-4415

North

Clarendon Avenue

2. Ward Number that properly is located in : 46th

JAN 2 1 2016

Initial;

3.

APPLICANT

Montrose Clarendon Partncns LLC and

Missionary

Sisters of the Sacred Heart

ADDRESS 4104 North Hariem Avenue CITY Chicago

STATE I L

ZIP CODE 60634 PHONE 773-625-3036

EMAIL

rfillerra),hariemirving.com CONTACT PERSON Rick Filler

4.

Is the applicant the owner

of the

property? YES NO X

I f the

applicanl is nol the owner

of the

property,

please

provide the

fo l lowing informalion

regarding the owner and attach

written

authorization f rom the owner

allowing

the

application

to proceed.

OWNER Missionary Sisters

o f

the Sacred Heart

ADDRESS 434 West Deming Place

CITY

Chicago

STATE IL ZIP CODE 60614 PHONE (7731 883-7302

E M A I L

CONTACT

PERSON Sr.

Joan

McGlinchev

5. I f the

Applicant/Owner

o f the property has obtained a lawyer as their representative for

the rezoning,

please

provide the

fol lowing information:

ATTORNEY

DLA Piper LLP (US) Attn: Paul Shadle & Mariah

DiGrino

ADDRESS 203 North LaSalle Street Suite 1900

CITY

Chicago

STATE IL ZIP

CODE 60601

PHONE 312-368-3493 /312-368-7261

FAX

312-251-5870/312-251-5833

EMAIL

Paul.Shadlc(5),dlapiper.com / Mariah.DiGrino^dlapiper.com

6. I f the applicant is a legal entity (Corporation, LLC, Partnership, etc.) please provide the

names of

all

owners as disclosed on the Economic Disclosure Statements.

See Economic Disclosure Statements

EAS1A54983984.5



7. On what date

did

the ovmer acquire legal

title

to the subject property? See attached

Exhibit

A

8. Has the present owner previously rezoned this property? I f yes, when?

No

9.

Present

Zoning

District

RM-5 Residential Multi-Unit

District

and Institutional Plarmed

Development

No.

138

Proposed Zoning

District

First, to B3-5 Communiiy Shopping

District,

then to

Residential-

Business

Planned Development

10. Lot size in

square

feel (or dimensions) 145.823

square

feet (Net Site Area)

11 . Current Use o f the Property Former Cuneo Hospital/Maryville Academy (Vacant buildings

and adjacent parking lot

Reason for rezoning the property To allow construction of a mixed-use residential and

commercial project as described in the enclosed project plans

12.

Describe the proposed use ofthe property after the rezoning. Indicate the nimiber of

dwelling

units; number o f

parking

spaces; approximate

square

footage ofany commercial

space; and height

o f

the proposed

building.

(BE SPECIFIC)

The Applicant proposes to redevelop the property wilh a mixed-use project, including

approximately 736 residential units, approximately 30.000 square feet

o f retail

and

commercial space, and approximately 500 parking spaces.

13. On May 14th, 2007, the Chicago City Council passed the Affordable Requirements

Ordinance

(ARO)

that requires on-site affordable housing tmits or a financial

contribution

i f

residential hoXising projects receive a zoning change under certain

circumstances. Based on the lot

size o f

the project in question and the proposed zoning

classification,

is this project subject to the Affordable Requirements Ordinance? (See

Fact

Sheet

for more information)

YES X NO -

EAST\.S4983984.4



C I T V OF C H I C A G O

E C O N O M I C D I S C L O S U R E S T A T E M E N T

AND A F F I D A V I T

S E C T I O N I -- G E N E R A L

I N F O R M A T I O N

A .

Legal

name

of the Disclosing Party submitting this EDS. Include d/b/a/if applicable:

Michael

A. Marchese Special Trust

Check O N E pf,the.fono>ving three boxes:

Indicate whether the Disclosing Party submitting this;EDS is:: ; ,

1. [ ] the Appiicaht ^

OR "vr • •..•>•••• •• i .

2.

a legal entity holding a direct or indirect iritferest i ri the Applicant. State the legal

name

of the

Applicant

in

which

the

Disclosing'

Party holds ah interest: Montrosb Clatendon Partners'LLC

O R

- V . . . . ..

3. [ ] a legal entity w i t h a right of control (see Section I I . B . l . ) State the legal

name

of the entity in

which

the Disclosing Party holds a

right

of

control:

•

B .

Business address of the Disclosing Party: 4104 N. Harlem Avenue

Norr idge,

IL

60706,

C. Telephone: 773-625-3036 Fax: 773-625-0056

Email:

[email protected]

D .

Name of contact person: Lawrence

A.

Gerlach ^

E. Federal Employer

Identification

No.

( i f

you

have

one): . . .. _ ,

F. B r i e f description of contract, transaction or other undertaking (referred to below as the "Matter") to

which this EDS pertains. (Include project number and location ofproperty, i f applicable):

Application to rezone property located at 4400-4458 &

4401-4415

N. Clarendon Ave and for tax

increment

financing

G. Which C i ty agency or department is requesting this EDS? Department of Planning and Development

I f the M atter is a contract being handled by the City's Department of Procurement Services,

please

complete the f o l l o w i n g : ,

Specification # and Contract #

Ver. 01-01-12 PagC 1 of 1 3



(DO NOT SU BM IT THIS

PAGE

WITH YOUR EDS. The

purpose ofthis page

is for you to

recertify

your EDS prior to submission to City Council or on the

date o f closing. I f

unable to

recertify

truth fully, the

Disclosing Party must complete

a new EDS w ith

correct

o r

corrected

information)

R E C E R T I F I C A T I O N

Generally,

for use with C ity Council matters. Not for City procurements unless requested.

Application to rezone property located at 4400-44S8 & 4401-4415

Th is re ce r t i f ic a t io n is b e in g s u bm it te d in co nn ec t i on w i t h N . c la rendon Ave and fo r tax increment financing

[identify the Ma tter].

Under penalty o f

perjury,'lhe person

signing

below: (1) warrants that

he/she

is

authorized

to execute

this

EDS

recertification

on behalf

ofthe

Disclosing Party, (2)^

warrants that

a ll

certifications

a nd

statements contained

in the

Disclosing Party's

original EDS

are tme, accurate and complete as

ofthe date fumished

tp the City and

continue

to be

true,

accurate and complete as

ofthe date o f this recertification,

and (3) reaffirms its

acknowledgments.

Michael A. Marcfiese S pecial Trust

Date:

(Print or

type legal

name

o f Disclosing Party)

By:

Print or type name o f signatory:

James W. Duiliin

Title o f signatory:

Trustee

Signed

and

swom

to

before

me o n

[date]

County,

_ , b y

[state].

S C l i \ d ( m . ( A

H L U ^ N o t a r y

Public.

Commission

expires:

V e r . 11.01-05

(yPiOALSEAL

SANDRA AhSDERSON

KOTARY PUBUC - STATE OF ILINOIS

MY COMWSSION EXP«ES^»18/18



SECTION

I I - DISCLOSURE OF OWNERSHIP INTERESTS

A .

NATURE

OF THE DISCLOSING PARTY

1.

Indicate the nature of the Disclosing Party:

] Person [ ] L im i t e d

l i ab i l i ty

company

] Publicly registered

business

corporation [ ]

L im i t e d

l i ab i l i ty partnership

]

Privately held

business

corporation [ ] Joint venture

] Sole proprietorship [ ]

Not-for-profit

corporation

] General partnership (Is the not-for-profit corporation also a 501(c)(3))?

] L im i t e d partnership [ ] Yes [ ] No

)^

Trust [ ] Other

(please

specify)

2. For legal entities, the state (or foreign country) of iiicorporation or organization, i f applicable:

Illinois

3. For legal entities not organized in the

State

o f l l l i n o i s : Has the organization registered to do

business

in the

State

o f l l l i n o i s as a foreign entity?

[ ] Yes . [ ] No [)^ N/A

B .

IF THE

DISCLOSING

PARTY IS A

L E G A L E N T I T Y :

1.

L i s t

below the f u l l

names

and titles of a ll executive

officers

and all directors of the entity.

NOTE: For not-for-profit corporations, also lis t below all members, i f any,

which

are legal entities. I f

there are no such members,

write

"no members." For trusts,

estates

or other

similar

entities,

lis t

below

the legal titleholder(s).

I f the entity is a general partnership, l imi ted partnership, l imi ted

l i ab i l i ty

company, l imi ted

l iabi l i ty

partnership or j o i n t venture,

lis t

below the name and t i t le of each general partner, managing member,

manager or any other person or entity that contrpls the day-to-day management of the Disclosing Party.

NOTE: Each legal entity listed below must submit an EDS on its own behalf.

Name Title

James W. Durkin Trustee

2. Piease provide the

f o l l o w i n g information

concerning each person or entity having a direct or

indirect beneficial interest

(including

ownership) in excess of 7.5% ofthe Disclosing Party. Examples

o f

such an interest include

shares

in a corporation, partnership interest in a partnership or

j o i n t

venture,

Page 2 of 13 ;



interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust,

estate or other

similar entity. I f

none,

state

"None." NOTE: Pursuant to Section 2-154-030 ofthe

Municipal

Code of Chicago ("Municipal Code"), the City may require any such additional information

f rom any applicant which is reasonably intended to achieve fu l l disclosure.

Name Business-Address -

Percentage

Interest in the. _ _ -

Disclosing

Party

Giovanna

Marchese

4104 N. H a r le m A y e N o r r i d g e IL

60706

R e g i n a Marchese 4104 N. H a r le m A ve N o r r i d g e IL

60706

S E C T I O N I I I

- B U S I N E S S

R E L A T I O N SH I P S

W I T H

C I T Y

E L E C T E D O F F I C I A L S

Has the

Disclosing

Party had a

"business relationship,"

as defined in Chapter 2-156 ofthe Municipal

Code, with any

City

elected o f f i c i a l in the,.12 months before the date this EDS is signed?

[]Yes [3^ No

I f

yes, please identify below the name(s) of such City elected official(s) and describe such

relationship(s):

S E C T I O N

IV

- - b i S C L O S U R E

OF

S U B C O N T R A C T O R S

AND

O T H E R

R E T A I N E D P A R T I E i S

The Disclosing Pairty must disclose the'hairie an'd

business

addreiss of each subcontractor,' attomey,

lobbyist;

accountaritj consMtant'and'any'other

piefso ^ ^

or expects to retain in corinectioh with the Matter, as'well as the nature of the felafioriship, and the total

amount of the fees paid or estiinated to be

paid.

The Disclosing-Party is not

irequired'

to disclose

employees who are paid solely through the

Disclosing

Party's regular payroll.

"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative

action on behalf of any person or entity other

than:

(1) a

not-for-profit

entity, on an unpaid basis, or (2)

himself. "Lobbyist" also means any person or entity any part of whose duties as an employee of

another includes undertaking to influence any legislative or administrative .action. . .

I f l h e

Disclosing

Party is uncertain whether a disclosure is required under this Section, the

Disclosing

Party must either ask the

City

whether disclosure is required or make the disclosure.

Page

3 of 13



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.

( A d d sheets i f

necessary)

[3 Check

here if the Disclosing

Party

has not retained, nor expects to retain, any such persons or entitie

S E C T I O N

V - - C E R T I F I C A T I O N S

A .

COURT-ORDERED

C H I L D SUPPORT

COMPLIANCE

Under Municipal Code Section 2-92-415, substantial owners of

business

entities that contract w i t h

the C i ty must remain in compliance w i t h their

ch i ld

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 ch i ld support obligations by any

I l l i n o i s

court of competent jurisdiction?

[]Yes

[3

No [ ] No person

directly

or

indirectly

owns 10% or more ofthe

Disclosing Party.

I f

"Yes," has the person entered

into

a court-approved agreement for payment of

a ll

support owed and

is the person in compliance w i t h that agreement?

[ ] Yes [ ] N o

B .

FURTHER

CERTIFICATIONS

1 . Pursuant to Municipal Code Chapter 1-23,

A r t i c l e

I

("Article

r')(which the

Applicant

should

consult for defined terms (e.g., "doing business") and legal requirements), i f l h e Disclosing Party

submitting this EDS is the Applicant and is doing business w i t h the C i ty , then the Disclosing Party

certifies as

follows:

(i) neither the

Applicant

nor any

controlling

person is currently indicted or charged

w i t h ,

or has admitted

g u i l t

of, or has ever been convicted of, or placed under supervision for, any

criminal offense

involving

actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery,

perjury, dishonesty or deceit against an officer or employee ofthe C i ty or any sister agency; and ( ii) th

Applicant

understands and acknowledges that compliance

w i t h A r t i c l e

I is a

continuing

requirement fo

doing business w i t h the C i ty . NOTE: I f Ar t ic le I applies to the

Applicant,

the permanent compliance

timeframe in A r t i c l e I supersedes

some

five-year compliance timeframes in certifications 2 and 3 belo

I

Page

4 of 13



2.

The

Disclosing

Party and, i f the

Disclosing

Party is a legal entity, a ll of

those persons

or entities

identified in Section I I . B . l . o f this EDS:

a. are not presently debarred,

suspended,

proposed for debarment, declared ineligible or voluntarily

excluded

f rom

any transactions by any

federal, state

or local unit of government;

b.

have

not,

within

a

five-year

period preceding 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 pubHc (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;

c. are not presently

indicted

for, or criminally or civilly charged by, a gpvernmental entity (federal,

state or local) with committing any of the offenses set for th ih clauise

B.2.b.

bif this SectiPn V ;

d.

have

not,

within

a

five-year

period preceding the

date

o f

this

EDS, had one of more public

transactions

(federal, state

or

local)

terminated for cause or

default;

and

e. have hot,

within

a five-year period preceding the

date

of this EDS, been convicted, iadjudged

guilty, or fpund liable in a civil proceeding, or in any criminal or civil action, including actions

cohceriiing environrriehtal"

vidlationsi iiistifuted by the City'or by the federal govemirient, any

~

state,

or any other unit of local

goverrirriehf.

.1

3. The

certifications

in

subparts

3, 4 and 5 concern: '

•

the

Disclosing

Party;

-

• any "Contractor" (meaning

ariy

contractor or subcontractor used by the bisclosing

Pafty

in

connection with the Matter, including but not limited to a ll

persons

or legal entities disclosed urider

Section

I V ,

"Disclpsure of Subcontractors and Other Retained Parties");

•

any

"Affihated

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; conimon use of einployees; or organizatiori'bf a

business

entity

follo'wirig'the

ineligibility of a

business

entity to. do

business

with

federal

or state or local governrnent, including

the City, using substantially the

same

management, ownership, or principals as the ineligible entity);

with

respect

to Contractors, the term

Aff i l i a ted Eritity

means

a jierson or entity that

directly

or

indirectly controls the Contractor, is

controlied

by

i t,

or, with the Contractor, is under common

control

of another person or entity;

•

any responsible

o f f i c i a l

of the Disclosing Party, any Contractor or any Affi l iated

Entity

or any

olher o f f ic i a l , agcnl or employee of the

Disclosing

Parly, any Contractor or any

Affi l iated

Entity,

acting pursuant to the direction or authorization of a responsible o f f i c i a l of the

Disclosing

Party, any

Contractor or any

Aff i l i a ted

Entity (collectively "Agents").

Page 5 of 13



Neither the

Disclosing

Party, nor any Contractor, nor any

A ff i l i a ted

Entity of either the,Disclosing Party

or any Contractor nor any Agents have, during the f ive

years

before the

date

this EDS is signed, or, with

respect

to a Contractor, an

Af f i l ia ted Entityj

or an

Aff i l i a ted

Entity of a Contractor

during

the f ive

years

before the

date

of such Contractor's or

Aff i l i a ted

Entity's contract or

engagement

in connection with the

Matter:

a. bribed or attempted to bribe, or

been

conyicted or adjudged

guilty

of

bribery

or attempting to

bribe, a

public

officer or employee ofthe

City,

the

State

o f l l l in o i s , or any agency ofthe federal

government or of any

state

or

local

government in the

United States

of

America,

in that

officer's

or employee's o f f i c i a l capacity;

b. 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

c.

made

an admission of such conduct described in a. or

b.

above that is a matter of

record,

but

have

not

been

prosecuted for such conduct; or

d.

violated

the provisions o f Municipal Code Section 2-92-610 (L iving Wage Ordinance).

4.

Neither the

Disclosing

Party, Aff i l i a ted Entity or Contractor, or any of their employees, officials,

..agents or partners, is barred f rom contracting wi th any unit of state or local govemment as a result o f

Engaging in or being convicted o f (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2)

bid-rotating

in

violation

of 720 ILCS 5/33E-4; or (3) any similar offense of any state or ofthe United States of

America

that contains the

same

elements as the offense of

bid-rigging

or

bid-rotating.

5. Neither the

Disclosing

Party nor any Af f i l ia t ed Entity is listed on any of the

fo l lowing

lists

maintained

by the Office

o f Foreign Assets

Control ofthe

U.S.

Department of the Treasury or the

Bureau of

Industry

and Security of the U.S. Department of Commerce or their

successors:

the Specially

Designated Nationals

Lis t ,

the Denied

Persons List ,

the

Unverified List,

the

Entity List

and the

Debarred List.

6. The

Disclosing

Party

understands

and shall comply with the applicable requirements of Chapters

2-55

(Legislative

Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe

Municipal Code.

7.

I f

the

Disclosing

Party is unable to

certify

to any ofthe above

statements

in this Part

B

(Further

Certifications),

the

Disclosing

Party must explain below:

N / A

Page 6 of 13



I f

the letters "NA," the word "None," or no response appears on the lines above, it

wi l l

be conclusively

. presumed that the

Disclosing

Party certified to the above

statements.

8. To the

best

ofthe

Disclosing

Party's knowledge after

reasonable

inquiry, the fo l lowing is a

complete list of all current employees of the

Disclosing

Party who were, at any

time during

the 12-

month

period preceding the execution datis

o f

this

EDS, an employee, or elected or appointed

o f f ic i a l ,

of

the City of Chicago

( i f

none, indicate w i th " N / A " or "none").

N / A

, ' .

9.

To the

best

of

the Distlbsing Party's-knowledge after reasonable inquiry,

the

following

is

a

complete list

of all

gifts that

the

Disclosirig Party has given or caused

to be

given, a t any time during

the

12-month period preceding

the

execution date ofthis

EDS, to

an employee, or elected>or appointed

official, ofthe City of Ch icago. For purposes ofthis statement, a "gift" does not include: (i) anyth ing

made generally available

to

City em ployees or to^the general publieyor'(ii) food or drink provided

in the

course

of

official City business and having a retail value

of

less than;$20 per recipient (if none,-indicate

with

N/A

or "none").

As to

any gift listed below,.please also list the name ofthe City recipient.

N/A

1:

...

b . CERTIFICATIO N OF STATUS AS F I N A N C I A L I N S T IT U T I O N

1. The

Disclosing

Party

certifies

that the

Disclosing

Psirty (check'one)

[ ] is [3§ is not ; .

a "financial institution " as defined in Section 2-32-455(b) ofthe Municipal Code.

2. I f the

Disclosing

Party IS a

financial

institution, then the

Disclosing

Party pledges:

"W e are not and wi l l not becorne a predatory lender as

defined

in Chapter 2-32' of the Mu nicipa l

Code. We

further

pledge that none of our affiliates'is, and norie of them

wi l l

become, a predatory

lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory

lender or becoming an a f f i l ia te of a predatory lender may result in the loss of the privilege of doing

business

wi th

the

C ity."

I f

.the

Disclosing

Party is unable to make this pledge

because

it or any of its

affiliates

(as defined in

Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter

2-32 ofthe Municipal Code,

explain here

(attach additional pages i f necessary):

Page

7 of 13



i f the letters "NA," the word "None," or no response appears on the lines above, it w i l l be

conclusively presumed that the Disclosing Party certified to the above statements.

D .

CERTIFICATION

REGARDING INTEREST I N C I T Y BUSINESS

An y words or terms that are defined in Chapter 2-156 of the M u r i i c i p a l Code have the same

meanings when used in this Part D.

1. In accordance vi^ith Section'2-156-110 ofthe

Municipal

Code: Does any officialor employee

ofthe

C i ty have a financial interest in his or her own name or in the name of any other person or

entity

in the Matter?

[ ] Yes ^ ] No

NOTE: I f y o u

checked "Yes" to

Item

D . L , proceed to Items D.2. and D.3 .

I f y o u

checked "No" to

Item

D . L , proceed to Part E.

2. Unless sold pursuant to a

process

of competitive bidding, or otherwise permitted, no

C i t y

elected o f f i c i a l 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 C i ty , or ( i i ) is sold

fo r taxes or-assessments, or ( i i i ) is sold by virtue of legal process at the suit o f the C i ty (collectively,

" C i ty

Property Sale"). Compensation f o r property taken pursuant to the

City's

eminent domairi power

does not constitute a financial interest w i t h i n the meaning

ofthis

Part D i

Does the Matter involve a C i ty Property Sale?

[•] Yes [ } N o •

3. I f you checked "Yes" to Item D . L , provide the

names

and business

addresses

ofthe

C i ty

officials

or employees having such interest and identify the nature of such interest:

Name Business Address Nature of Interest

4. The Disclosing Parly further certifies that no prohibited financial interest in the Matter wi l l

be acquired by any C i t y

o f f i c i a l

or employee.

E. CERTIFICATION

REGARDING

SLAVERY ERA BUSINESS

J

Please

check either 1. or 2. below. I f the

Disclosing

Party checks 2., the

Disclosing

Party must

disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to

Page

8 of 13



comply

w i t h these

disclosure requirements may make any contract entered

into w i t h

the C i ty in

connection

w i t h the Matter voidable by the

C i ty .

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

f r o m slavery or slaveholder insurance-policies during the slavery- era

(including-insurance-policiesj

issued to slaveholders that provided coverage for

damage

to or

i n j u r y

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'Partyshas

found

records of inyestmeiits ;or .profits f r o m slavery or slaveholder insiirance

policies. The

Disclosing

Party

verifies:

that the f p l l o w i n g constitutes: f u l l disclosure of such

records, including the names of any and all slaves or slaveholders described in thoserecprds: ,

S E C T I O N

VI -

C E R T I F i C A T I O N S F O R F E D E R A L L Y F U N D i E D M A T T E R S

N O T E :

If the Matter is feder^Uy.fuh this Sectibn

V I .

If the Maitter is not federally

funded, proceed to Sectiori V i l . For

purposes

of this Section V l , ' tax credits allocated by the City

and proceeds of debt

obligatibris

of the

C i ty

are not fede ^

A .

CERTIFICATION

REGARDING

L O B B Y I N G

1.

L i s t

below the

names

of

a ll persons

or entities registered under the federal

Lobbying

Disclosure A ct of 1995 who have made lobbying contacts on behalf of the Disclosing Party vvith

respect to the Matter: (Add sheets i f necessary):

( I f no explanation appears or begins on the lines above, or i f l h e letters " N A " or i f the word "None"

appear, it

w i l l

be conclusively presumed that the Disclosing Party means that NO persons or entities

registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the

Disclosing

Party

w i t h

respect to the Matter.)

2. The Disclosing Party has not spent and

w i l l

not expend any federally appropriated funds to pay

any person or entity

listed

in Paragraph

A . l .

above for his or her lobbying activities or to pay any

person or entity to influence or attempt to influence an officer or employee ofany agency, as defined by

applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a

member of Congress, in connection

w i t h

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.

Page

9 of 13



3. The

Disclosing

Party

wi l l

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

infonnation

set

for th in

paragraphs

A . l .

and

A.2.

above.

4.

The Disclosing Party certifies that either:

(i )

it is not an organization described in section

501(c)(4)

ofthe

Internal

Revenue Code of 1986; or

(ii)

it is an organization described in section

501(c)(4) of the Internal Revenue Code of

19,86

but has not engaged and

w i l l

not engage in "Lobbying

Activities".

5. I f the

Disclosing

Party is the

Applicant,

the

Disclosing

Party must obtain certifications equal in .

f o rm

and substance to

paragraphs

A . l . through A.4. above

f rom

a ll subcontractors before it awards any

subcontract and the Disclosing Party must.maintain

al l

such subcontractors'

certifications

for the

duration ofthe Matter,and must make such certifications promptly available to the City upon request.

B .

CERTIFICATION REGARDING

E Q U A L

EMPLOYMENT OPPORTUNITY

I f the Matter is federally

funded, federal

regulations require the

Applicant

and al l proposed

subcontractors to submit the fo l l owing

information with

their bids or in writ ing at the outset o f

negotiations.

Is the

Disclosing

Party the Applicant?

)

•• . ' . , . .

] Yes. [ ] N o

I f

"Yes,"

answer the three questions below:

1.

Have you developed and do you have on

file

affirmative action programs pursuant to applicable

federal regulations? (See

41

CFR Part 60-2.)

[•]

Yes [ ] N o

2.

Have you filed with the Joint Reporting Committee, the Director of the

Office

of Federal

Contract Compliance Programs, or the Equal Employment

Opportunity

Commission

all

reports due

under the applicable f i l ing requirements?

[ ]Yes

[ ]No

3. Have you participated in any previous contracts or subcontracts subject to the

equal opportunity clause?

[

] Yes [ ] No

I f you

checked

"No"

to question 1. or

2.

above, please provide an explanation:

Page 10 of 13



SECTION V I I

- ACKNOWLEDGMENTS, CONTRACT INCORPORATION,

COMPLIANCE,

PENALTIES, D ISCLOSURE

The Disclosing Party

understands

and agrees that:

A . The

certifications,

disclosures, and acknowledgments contained in this EDS w i l l becoirie part of ariy

contract or other agreemerit between the Applicant and the

'City

in connection

vvith

the Matter, whether

procurement.

C i ty assistance,

or other

C i ty

action, and are material inducements to the City's execution

o f

any contract or taking other action w i t h respect to the Matter. The Disclosing Party understands that

i t

must'comply w i t h all

statutes,

ordinarices, arid regulations'oh which this ED'S is'r?basedv ' ' '

B .

The City's Gbverninerital Ethics and Cariipaign Financirig'Ordinances,

Chapters

2-156 arid-2-164 of

the

M u r i i c i p a l

Code, iirip'o'se

certairi

dtities ahH'obligatibris on persons

oi :

entities'seekiri'g'Gity coritra'cfs,

work, business,

or transactions. The

f u l l

text of these ordinances and a training program is available on

line

at www.cityofchicaKo.org/Ethics, and may

also

be obtained

f r o m

the City's Board of Ethics, 740 N .

Sedgwick St., Suite 500, Chicago, I L 60610, (312) 744-9660. The Disclosing Party must comply f u l l y

w i t h the applicable oi'(diri'anc6s. ,~ i

C. I f the C i ty determines that any

information

provided in this EDS is false, incomplete or

iriacciiratiSj'

any contract or other

agreement

in connection w i t h which.it is submitted may be rescinded or be

v o i d

or

.

voidable, and the C i ty may

pursue

any

remedies

under the contract or

agreement

( if riot rescinded Or

• V o i d ) ,

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 transactions w i t h the C i ty .

Remedies

at

law foi :

a false

statement

of material fact may include incarceration and an award to the C i ty of treble

damages.

•• •

•- - -

D .

' i t is the City's

policy

to iriake this docunient available to'the public ori its Internet site arid/or upbn

request. Some or all oft he information provided on this EDS and anyattachrrients to this'EDS'may be

made available to the public 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

Pi:

clainis which it iriay have against the C i ty in coririection w i t h the public release of information

contairied ih this EDS and also authorizes the C i ty to v e r i f y the accuracy of ariy

information

submitted-

i n

this EDS. •

E.

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

C i ty

takes

action on the Matter. I f the Matter is a

contract being handled by the City's Department of Procurement Services, the

Disclosirig

Party must

update

this EDS as the contract requires.

NOTE: W i t h respect

to Matters subject to Ar t ic le I of

Chapter 1-23 ofthe

Municipal

Code (imposing

PERMANENT I N E L I G I B I L I T Y

for certain specified

offenses), the

information

provided herein regarding

e l ig ib i l i ty

must be kept current for a longer period,

as required by Chapter 1-23 and Section 2-154-020 ofthe

Municipal

Code.

jfhe

Disclosing Party represents and warrants that:

Page

11 of 13



F . l . The

Disclosing

Party is not delinquent in the payment ofany tax administered by the I l l inois

Department of Revenue, nor are the

Disclosing

Party or its

Aff i l i a ted

Entities delinquent in paying any

fine, fee, tax or other charge owed to the

City.

This includes, but is not

limited

to, all water

charges,

sewer charges,

license

fees,

parking tickets, property

taxes

or

sales

taxes.

F.2 I f the

Disclosing

Party is the

Applicant,

the

Disclosing

Party and its

Aff i l i a ted

Entities w i l l not

use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. ori the federal Excluded

Parties

List

System ("EPLS") maintained by the

U .

S. General Services

Administration.

F.3 I f the

Disclosing

Party is the Applicant, the

Disclosing

Party wi l l obtain f rom any

contractors/subcontractors hired or to be

hired

Jn.connection with the Matter,certifications equal

jin

form

and substance to

those

in F.L and F.2. above and

w i l l

not, without the prior written consent ofthe

City,

use any such contractor/subcontractor that does.not provide such

certifications

or that the

Disclosing

Party has rea'sbn.toJj;elieye has_not.;provided oricannot provide

truthful

certifications.

NOTE:

I f the

Disclosing

Party cannot

certify

as to any ofthe items in F . l . , F.2. or F.3. above, ari

explanatory statement must be attached to this EDS.

CERTIFICATION

Under

penalty.of perjury,

the person signing belo'w: (1) warrants that

he/she

is a.uthorized to

epcecute

this EDS and.

Appendix

A

( i f

apiplicable) o n-Ijelialf

o f

the.

Disclosing

Party, arid (2) wairants tJiait a

.•certifications and

statements

contained in this EDS and

Appendix

A

( i f

applicable) are.trup,

accurate

and complete as of the

date

fumished to the C ity.

Michael A. ' Marchese Special- -Trust

(Print

or type

narne

of

Disclosing

Party)

James W.

D u r k i n

(Print

or type

name

ofperson signing)

Trustee

(Print or type title of person signing),:

Signed and swom to before me on (date) ^

at Cook County, I l l i n o i s (state)

_AfL-

JL^S>^^'~ Notary Public.

commission

expires:

OFFICIALSEAL

Page 12 of 13



CITY

OF CmCAGO,

ECONOMIC DISCLOSURE

STATEMENT

AND AFFIDAVIT

APPENDIX A

F A M I L I A L

RELATIONSHIPS

W I T H

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

Applicarit

cxceeding 7:5 pe Tt is hot to bexompleted by any legalentity

which'has only an indirect oSvnershijp'

iri ^^

'

•

' •' '

Under MiirueiiDal Code Section 2-r54r0i;5, theDisclosingiPaity mustrdiscIose whether such DisclosingiParty

or any "Applicable Eart/' Or'any.SpouseiorDomesti&Partner thereof curren relationship",-witih

any elected city official or

department

head. A

"fam ilial

relationship"

exists

if , as ofthe date this EDS is

signed, the Disclosing Party or any ' App.hcable Party'' or any. Spouse or Domestic Partner thereof is, related- tp .

the mayor, any

alderman,

the city clerk, the

city

treasurer

or any

.city

departnient

head

as

spouse

or

domestic,

partner

or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle,

niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-iii-la\y, stepfather

or stepmother, stepson or stepdaughter, stepbrother or

stepsister

or half-brother or half-sister. '

•'Applicable Paity'm a ll

executive

Officers o f thfe'DisclOsirig 'Pkrty

hsted

in' Sectiori'II.B:l .a.,

i f

the '

Disciosing'Partyis'a corpora ^ paitriisrs 6 f the bisclbsm'g'Pai Disclosirig'Party is a-general '

'

|)arther'stiip; all' gOTeral partriers and liniiteVi' partrieVs o f the-Disle ^

i f

the Disclbsing'Partyis a-liniited

partnership;

all

managers, managing members and members

o f

the Disclosing Party, i f the Disclosing Party is a

limited liability company; (2)

all

principal

officers of

the Disclosing Party; and (3) any person ha ving more than

a 7.5 percent ownership interest

in

the Disclosing Party. "PrincipaFo£ficers".meanS}the.president, chief ...

operating officer,

executive

director, chief

financial

officer,

treasurer

or

secretary

o f

a

legal

.entity or

any.person

exercising similar authority.

Does

the Disclosing

Party

or any "Applicable

Party"

or any

Spouse

or Dornestic

Partrier

thereof currently

have a

"familial

relationship" with an elected city off icia l or departmerit head?

[ ] Yes

pt]

No

I f

yes,

please identify

below (1) the name and

title

o f

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 slich

person

has a

fanulial

relationship, and (4) the precise

nature

of

such familial

relationship.

Page

13 of 13



C I T Y OF CHICAGO

ECONOMIC DISCLOSURE STATEMENT AND AFFIDAV IT

APPENDIX B

BUILDING CODE SCOFFLAW/PROBLEM L A N D L O R D 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 percent (an "Owner").

I t

is not to be completed by any legal entity which has only an indirect ownership interest in

the Applicant.

1.

Pursuant to Municipal Code Section 2-154-010, is the Applicant or any

Owner

identified as a

building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal

Code?

[ ]Yes [X]No

2.

I f

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 Section

2-92-416

ofthe

Municipal

Code?

[

]Yes [ ]No

[X ]

Not Applicable

3. Ifyes to (1) or (2) above,

please

identify below the

name

o f the person or legal entity

identified as a building code scofflaw or problem landlord and the

address ofthe

building or

buildings to which the pertinent cpde violations apply.

Not applicable.

F I L L I N G OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT

AND

AGREEMENT T H A T THIS APPENDIX B IS INCORPORATED BY

REFERENCE INTO ,

AND MAD E

A PART OF, THE ASSOCIATED EDS,

AND THAT THE REPRESENTATIONS M A D E I N TIHS APPENDIX B ARE

SUBJECT

TO THE CERTIFICATION

M A D E

UNDER PENALTY OF

PERJURY

ON PAGE 12 OF THE ASSOCIATED EDS.



C I T Y OF

C H I C A G O

E C O N O M I C

D I S C L O S U R E

S T A T E M E N T




A .

Legal

name


Michael

A. Marchese

1985 Trust

Check ON E ofthe following three boxes:

Indicate whether the Disclosing Party submitting this EDS is:

1 . [ ] theApplicant

OR

2.

a legal entity holding a direct or indirect interest in the Applicant.

State

the legal

name

ofthe

Applicant

in which the Disclosing Party holds an interest: Montrose Clarendon

Partners

LLC

OR

3. [ ] a legal entity w i t h a right of control (see Section I I . B . l . ) State the legal

name

of the entity in

which

the Disclosing Party holds a right of control:

B . Business

address of the Disclosing Party: 4104

N.

Harlem Avenue

Norr idge,

IL 60706

C. Telephone: 773-625-3036 Fax: 773-625-0056 Email: [email protected]

D .


A.

Gerlach .

E. Federal Employer

Identification

No. ( i f you

have

one): J i ;

F.

B r i e f

description of contract, transaction or other undertaking (referred to below as the "Matter") to

which

this EDS pertains. (Include project number and location of properly, if applicable):

Application

to

rezone property located

at

4400-4458

&

4401-4415

N.

Clarendon

Ave and for tax

increment financing

G. Which C i ty agency or department is requesting this EDS? Department of Planning and Development

I f

the Matter is a contract being handled by the City's Department of Procurement Services,

please

complete the

f o l l o w i n g :

Specification

# and

Contract U

vor.

01-01-12 Page 1 of 13



(DO NOT SUBMIT THIS PAGE

W I T H

YOUR EDS. The purpose ofthis page is

for

you to

recertify your

EDS prior

to submission to

City

Council or on the date o f

closing.

I f unable to

recertify truthfu lly, tlie Disclosing Party must complete a new EDS with correct or corrected

information)


Generally,

for

use with City Council matters. Not

for

City procurements unless requested.

Application to

rezone

property

located at 4400-4458 & 4401-4415

This

recertification is being su bmitted in connection w i t b N . clarendon Ave and for tax increment financing

[identify the Matter]. Under penalty ofperjury, the person signing

below:

(I) warrants that

he/she is authorized to execute this EDS recertification on

behalf

o f the Disclosing Party, (2)

warrants that a ll certifications and

statements

contained in the Disclosing Party's original EDS

are true, accurate and complete as ofthe date fiimished to the City and continue to be true,

accurate

and complete as o f the date o f this recertification, and

(3)

reaffirms its

acknowledgments.

Mictiael A. Marctiese

1985 Tnjst

Date:

(Print or type legal

name


B y : "

(sig^ere)

Print

or type

name

o f

signatory:

Michael A. Marctiese

Title of signatoiy:

Trustee

Signed and swom to before me on [date]

County, / / y y . , ^ y ^ [state].

Commission

expires

ys2.

A.

Notary Public.

Ver. n-01-OS

"OFFICIAL

SEAL"

BRIDG ET L

TORRES

Nolary Pub l ic , S'aic of Illinois

My Commission E>:)ires 3/2-1/2018



S E C T I O N I I

--

D I S C L O S U R E O F

O W N E R S H I P

I N T E R E S T S

A .

NATURE

OF THE

DISCLOSING

PARTY

1. Indicate the nature of the Disclosing Party:

[ ] Person [ ] L imi ted

l iabi l i ty

company

[ ] Publicly registered

business

corporation [ ]

L imi ted

l iabi l i ty partnership

[ ] Privately held business corporation [ ] Joint venture

[ ] Sole

proprietorship

[ ] Not-for-profit coiporation

[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?

[ ] L im i t e d partnership [ ] Yes [ ] No

[3^

Trust [ ] Other

(please

specify)

2. For legal entities, the state (or foreign country) of incorporation or

organization,

i f applicable:

I l l i n o i s

.' ' • •


State

of I l l ino i s : Has the

organization

registered to do

business in the State o f I l l inois as a foreign entity?

[ ] Yes ' [ ] N o '

[3^ N /A

; .

B .

IF THE

DISCLOSING

PARTY IS A

L E G A L E N T I TY :

.

1.

L is t below the

f u l l

names and titles of

a ll

executive officers and

a l l

directors of the entity.

NOTE: For not-for-profit corporations, also l is t below all members, i f any, which are legal entities. I f

there are no such members, write "no members." For trusts,

estates

or other

similar

entities,

l is t below


I f the entity is a general partnership, l imited partnership, l imited

l iabi l i ty

company, l imited

l iabi l i ty

partaership

or

j o i n t venture, list below the name and t i t le of each genei-al partner, managing memher,

manager or any other person or entity that controls the day-to-day management of the Disclosing Party.

NOTE: Each legal entity

listed below

must submit an EDS on its own behalf.

Name Tit le

Michael A. Marchese Tr us te e

2. Please provide the

f o l l o w i n g

information concerning each person or entity having a direct or

indirect beneficial interest (including ownership) in

excess

of 7.5% of the Disclosing Party. Examples

o f

such an interest include

shares

in a

corporation,

partnership interest in a partnership or

j o i n t

venture.

Page 2 of 13



interest of a member or manager

in

a l imited liabihty company, or interest of a

beneficiary

of a trust,

estate

or other

similar entity. I f

none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe

Municipal Code of

Chicago ("Municipal

Code"), the City may require any such additional

information

f r o m any applicant which is reasonably intended to achieve

f u l l

disclosure.

Name Biisiness Address

Percentage

Hterest in the

Disclbsirig

Party

Michael

A. Marchese

^J^Q^

Harlem Ave/ N o r ri d g e IL

60706

S E C T I O N

m - B U S I N E S S R E L A T I O N S H I P S W I T H C I T Y

E L E C T E D O F F I C L A ^ L S

Has the

Disclosing

Party had a

"business

relationship," as defined in Chapter 2-156 ofthe

Mimic ipa l

Code,

w i t h

any

City

elected

o f f i c i a l

in the 12 months before the

date

this EDS is sighed?

[ ] Yes (b^No

I f

yes, please identify below the name(s) of such C i ty elected

official(s)

and describe such

relationship(s):

S E C T I O N

iy .-

D I S C L O S U R E O F S U B C O N T R A C T O R S

AND

O T H ^

The Disclosing Party must disclose the

name

and business address of,each subeontiractof, attorney,

lobbyist, accountant, cpnsultant and-any other person or entity .whom the D

or

expects to retain in coimection w i t h the Matter,.as wel l as the nature of the

relatioiiship;

a i id the' total

amount of the fees paid or estiinated to;be

paid.

The

Disclosing

Party is not

required

to d ^

employees who are paid solely through the Disclosing Party's regular p a y f o l l .

"Lobbyist"

means any person or entity who undertakes to

influence

any legislative or administirative

action on behalf of any person or entity other than: (1) a

not-for-profit entity,

on an unpaid basis, or (2)


another includes undertaking to

influence

any legislative or

administrative

action.

I f the Disclosing Party is uncertain whether a disclosure is required under this Section, the

Disclosing


City


Page 3 of 13





to

be retained)


(subcontractor, attomey,

lobbyist,

etc.)


paid

or estimated.) NOTE:

"hourly rate" or

"t.b.d."

is

no t an acceptable response.

(Add sheets

i f necessary)

[3 Check

here if

the

Disclosing

Party

has not

retained,

nor expects to retain, any such persons or entities.

S E C T I O N

V ~

C E R T I F I C A T I O N ^

A. COURT-ORDERED

C H I L D

SUPPORT COMPLIANCE

Under Municipal

Code Section 2-92-415, substantial owners

o f business

entities that contract

wi th

the C i ty inust remain in compliance w i t h their child support obligations throughout the contract's term.

Has any person who

directly

or indirectly owns 10% or rnore of fhe Disclosing Party been declared in

arrearage on any child support

obligations

by any I l l ino i s court of competent jurisdiction?

[ ]Yes [x]

No [ ] No person directly or indhectly owns 10% or more of the

DisclosingParty. '

I f

"Ycs,"

has the person entered

into

a court-approved agreement

f o r

payment of

a ll

support

owisd

and

is

the person in compliance w i t h that aigreement?

[ ]

Yes

[ ] N o

B . FURTHER CERTIFICATIONS • : ,

1. Pursuant to Municipal Code Chapter 1-23, Ar t ic le I ("Article

I")(which

the Applicant should

consult

f o r defined

terms (e.g., "doing business") and legal requirements),

i f

the Disclosing Party

submitting

this EDS is the

Applicant

and is

doing business w i t h

the

C i ty ,

then the

Disclosing

Party

certifies

as

follows:

( i) neither the Applicant nor any controlling person is currently-indicted or charged

wi th ,

or has admitted

gu i l t

of, or has ever been convicted of, or placed under supervision

for ,

any

criminal offense

involving


perjury, dishonesty or deceit against an officer or employee ofthe C i ty or any sister agency, and ( i i ) the

Applicant


w i t h Ar t ic le

I is a

continuing

requirement for

doing business wi th the C i ty . NOTE: I f Ar t ic le I applies to the Applicant, the permanent compliance

timeframe

in Ar t ic le I

supersedes

some five-year compliance timeframes in certifications 2 and 3 below.

Page

4 of 13



2. The Disclosing Party and, if the Disclosing Party is a legal entity, all o f

those

persons or entities

identified in Section

I I . B . l .

of this EDS:

a. are not

presently debarred,

suspended,

proposed

for debarment,

declared

ineligible or voluntarily

excluded from any transactions by any federal, state or local unit of govemment;

b. have

not,

wi th in

a five-year period preceding the date ofthis EDS,

been

convicted of a criminal

offense, adjudged guilty, or had a

c iv i l

judgment

rendered

against them in connection

wi th :

obtaining, attempting to obtain, or performing a

pubhc

(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 destmction of recofds; making false

statemMts>;or receiving stolen ^ : , .

c. are not

presently

indicted for, or criminally or c iv i l ly

charged,by,

,a. gpyernmental entity (federal,

state or local) wi th committing any of the offenses set f o r th in

clause

B.2.b.' ofthis Sectibri V;

d.

have

not,

w i t h i n

a five-year period preceding fhe

date

of this EDS, had one br riiore public

' 'tranisactioris (federal, state, or local) terminated for cause or default; and

e. have not, w i t h i n a five-year period preceding the date of this EDS, bVen cbrivicted, adjudged

' guilty, or-fdunddiable in a c i v i l proceeding,.qr iri; any^criminal or ciyiLaction, including

actions

concertiirig- environmental'violatioiiSi,.instituted by the City; or by the federal' govemmerit, ariy''

state, or any

other

unit of local govemment.

3. The certifications in subparts 3, 4 and 5 concem: , ,, ,

' the'-Disclosirig-Party; ' ,, ,, , .

• any "Contractor" (meaning any contractor or subcqntrac.torused.by the Disclosing Party in

connection wi th the Matter, including but not l imited to all persons or legal entities disclosed

under

Section IV , "Disclosure of

Subcontractors

and Other Retained Parties");

• any

" A f f i l i a t ed 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, wi thoWl i f r i i t a t ib r i : "

iriteriockirig manageinent or ownership; identity of interests

among

f a m i l y

members, shared

facihties

and equipmeiit; common use of

employees;

or organization of a

busineTs~ehfity'fplIowirig't^

irieligibil i ty

of a business entity to do business

with

federal or

state

or local gdveiiiment, including

the C i ty , using substantially the same management, ownership, or principals as the ineligible

eritity);

with

respect

to Contiactors, the term

A f f i l ia t e d

Entity

means

a

person'

or entity that directiy or

indirectiy-cbritfols

the Coritractor, is cohtiolled by

i t ,

or, with the Contractor.-is undercommon

control of another

person

or entity;

• ariy

responsible

o f f i c i a l ofthe Disclosing Parly, any Contractor or any A f f i l i a t e d Entity or any

other o f f i c i a l , agent

or

employee

of the Disclosing Party, any Contractor or any Affihated Entity,

acting

pursuant

to the direction or authorization of a

responsible

o f f i c i a l of the Disclosing Party, any

Contractor or any A f f i l i a t ed Entity (collectively "Agents").

Page 5 of 13



Neither the Disclosing Party, nor any Contractor, nor any Affihated Entity of either fhe Disclosing Party

: or any Contiactor nor any Agents have, during the five years before the date this EDS is signed, or, wi th

respect to a Contractor, an Affihated Entity, or an A f f i l i a t ed Entity of a Contractor during the f i v e years

before the date of such Contractor's or A f f i l i a t e d Entity's contract or engagement in connection wi th the

Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guil ty of bribery or attempting to

bribe, apublic officer or employee ofthe City, the State o f l l l in o i s , or any agency of the federal

government or of any state or local government

i n

the United

States

of America, in that officer's

or

employee's o f f i c i a l capacity;

b. agreed or colluded wi th other bidders or prospective bidders, or been a party to any such

agreement, or been convicted or adjudged

guil ty

of agreement or

collusion

among bidders or

prospective bidders, in restraint of

fireedom

of competition by agreement to bid a f i x e d price or

otherwise; or

c. made an admission of such conduct described in a. or

b.

above that is a matter

o f

record, but

have hot been prosecuted

for

such conduct; or

d.

violated the

provisions

of Municipal Code Section 2-92-610 ( L i v i n g Wage Ordinance).

4.

Neither the

Disclosing

Party,

A f f i l ia t e d

Entity

or. Contractor,

or any of their employees, officials,

agents or partners, is barred f r o m contracting w i t h 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-rotatmg in

violation of 720 ILCS 5/3 3 E-4; or (3) any similar offense ofany state or of die United

States

of

America that contains the

same

elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing.Party nor any A f f i l i a t e d Entity is listed on any of the

f o l l o w i n g

lists

maintained by the Office of

Foreign

Assets Control of the U.S, Department ofthe Treasury or the

Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially

Designated Nationals L is t , the Denied Persons L is t , the Unverified L i s t , the Entity

L i s t

and the

Debarred

Lis t .

6. The Disclosing Party understands and shall comply with the applicable requirements of Chapters

2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the

Municipal Code.

7.

I f

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

Page 6 of 13



I f the letters

"NA,"

the word "None," or no response appears on the lines above, it

w i l l

be conclusively

presurned that the Disclosing Party certified to the above

statements.

8. To the best of,the Disclosing Party's knowledge after

reasonable

inquiry, the

f o l lo w i n g

is a

complete

list

of

al l

current employees of the Disclosing Party who were, at any time during the 12-

month

period preceding the execution date of this EDS, an employee, or elected or appointed

o f f i c i a l ,

o f the

C i ty

of Chicago ( i f none,, indicate

w i t h

" N / A " or "none").

N/A

9. To

thebest

ofthe Disclosing Party's knowledge after

reasonable

inquiry, the

f o l l o \ y in g

is a

complete

list

of

a ll gifts

that.the Disclosing Party has given or caused

.to

be giyen, at ,any time during the

12-ni6nth

period preceding the execution .date of this EDS,-to an;ernplqyee,,or elected or appointed

o f f i c i a l ,

ofthe C i ty of Chicago. For purposes ofthis statement, a

" g i f t " does

not include:,(i) anything

made

generally available to C i ty employees or to the general public, or

( i i ) food

or

drink

provided in the

course

of

o f f i c i a l

C i ty

business

and having.a

retail

value of

less

than $20 per, recipient ( i f none, indicate

with " N / A " or "none"). As to any

g i f t

listed below, please,also-list;the name of the,City recipient.

N/A

C. CER'TIFlCATION OF STATUS AS F I N A N C I A L I N S T I T U T I O N

1. The Disclosing Party certifies that the Disclosing Party (check one)

[

] is ,[ ] is not

a "finaricial institution" as defined in Section 2-32-455(b) of the Municipal Code.

2.

I f the Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"W e

are not and

w i l l

not become a predatory lender as defined in Chapter 2-32 ofthe Municipal

Code._

W e

further pledge that none of our affiliates is, and none of

theni w i l l

become, a predatory

lender as defined in Chapter 2-32 ofthe

Municipal

Code. We understand that becoming-a predatory

lender or becoming an affiliate of a predatory lender may result in the loss of the privilege: o f doing

bu.siness w i t h the C i ty . "

I f the Disclosing Party is unable to make this pledge

because

it or any of its affiliates (as defined in

Section 2-32-455(b) of the Municipal Code) is a predatory lender w i t h i n the meaning of Chapter

2-32 ofthe Municipal Code, explain here (attach additional pages i f necessary);

Page 7 of 13



I f

the letters "NA," the word "None," or no response appears on the lines above, it w i l l be

conclusively presumed

thait

the

Disclosing

Party certified to the above statements.

D.

CERTIFICATION

REGARDING

INTEREST

I N

C I T Y

BUSINESS

An y words or terms that are defined in Chapter 2-156 ofthe Municipal Code have the same

meanings when used in this Part D,

1. In accordance

w i t h

Section 2-156-110 of the Municipal Code: Does any

o f f i c i a l

or employee

o f

the City have a

financial

interest

i n

his or her own name or in the name of any other person or

entity

i n the Matter?

[ ] Y e s fcJNo

NOTE:

I f y o u

checked "Yes" to Item D . L , proceed to Items D,2. and D.3.

I f y o u

checked "No" to

Item

D . L , proceed to Part E.

2. Unless sold pursuant to, a

process

of competitive bidding, or otherwise permitted, no

City

elected o f f i c i a l or employee shall have a financial interest "in his or'her own riariae or ' i r i the name of

any other;perspn or

entity

in the purchase of any

property

that ( i) belongs to the C i ly , or (i i ) is sold

fo r

taxes

or-assessments, or ( i i i ) is sold by virtue of legal process' at th^ suU (collectively,

"Ci ty Property Sale"). Compensation fo r

property

talcen pursuant to ihe City's eminent domain power

does not constitute a financial interest w i t h i n the meaning of

this

Part D .

Does the Matter involve a City Property Sale?

[ ]

Yes [ ] N o

3. I f y o u checked "Yes" to

Item

D . L , provide the

names

and

business addresses

of the

City

officials

or employees having such interest and

identify

the nature of such interest:


4.

The Disclosing Party further certifies that no prohibited

financial

interest

in

the Matter

wi l l

be acquired by any

City

o f f i c i a l or employee.

E. CERTIFICATION

PvEGARDING


Please check either 1. or 2. below.

I f

the Disclosing Party checks 2., the Disclosing Party must

disclose below or in an attachment to this EDS a ll information required by paragraph 2. Failure to

Pages of 13



comply

wi th

these disclosure requirements may make any contract entered

into wi th

the City in

connection

wi th the Matter voidable by the City .

X

1. The

Disclosing

Party

verifies

that the

Disclosing

Party has searched any and a ll records of

the

Disclosing

Party and any and all

predecessor

entities regarding records of investments or profits

f r o m

slavery or slaveholder insurance policies

diiring^t^^^^

(iricluding insurance policies

issued to slaveholders that provided coverage for damage to or in ju ry 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

Disclbsirig Party hag found records

o f

investments or

profits.fromi

slavery or slaveholder insurance

policies. The Disclosing Party verifies that the f p l l o w i n g cpnstitutes f u l l disclosure of a ll such

records, including the names of any and all slaves or slaveholders described in those records:

S E C T I O N y i , ~ q E R T I F I C A T I O N S F O R F S D E R A L L Y F D N D E D ' M A T T E R S

NOTE; I f the.Matter is jfederaliy

funded,

cbinpiete

this'

Sectibn V I : I f the-Matter is not federilly

funded,

proceed to.Section

V i i .

^or puiposes of

this

Sectibii

V i ,

'tax CTeditsallocated-by the City- '

.5 and proceeds of debt

obligations

of the

City

are

hbt'federai

f m • •

A .

CERTIFICATION

REGARDING

L O B B Y I N G

1. L i s t

below

the

names

of

a ll

persons or entities registered under the federal

Lobbying

Disclosure

A c t

of 1995 who have made

lobbying

contacts on behalf ofthe Disclosing Party

wi th

respect to the Matter:

( A d d

sheets i f necessary):

( I f

no

explanation appears or begins on the tines above, or i f the letters

' 'NA ' '

or i f the word"None"

appear, it

w i l l

be conclusively presumed that the Disclosing Party means that NO persons or entities


Disclosing Party

wi th



w i l l


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

apphcable federal law, a member of Congress, an officer or employee of Congress, or an employee of

a

member of Congress, in connection wi th the award of any federally

funded

contract, making any

federally

funded

grant or loan, entering into any cooperative agreement, or to extend, continue, renew,


Page 9 of 13



3. The

Disclosing

Party will submit an updated certification at the end of

each

calendar quarter in

which there occurs any event that materially affects the accuracy ofthe statements and information set

forth

in

paragraphs

A . l . and A.2. above.

4. The

Disclosing

Party

certifies

that

either:

(i) it is not £m

organization

described in section

501(c)(4) of the

Internal

Reveriue Code of 1986; or (ii) it is an organization described in section

501(c)(4)

ofthe Intemal

Revenue Code of 1986 but has not engaged and wi l l not engage in "Lobbying

Activities".

5. I f the

Disclosing

Party is the

Applicant,

the Disclosirig Party must obtain certifications equal in

form and substance to

paragraphs

A . l . through A.4. above f rom a ll subcontractors before it awards any

subcontract and the Disclosirig Party must maintain

a ll

such subcontractors' certificatipns

for

the

duration

o f

the Matter and must make such certifications promptly available to the City upon request.

B.


EQUAL



funded, federal

regulations require the Apphcant and a ll proposed,

subcontractors to submit the fo l lowing information with their bids or in writing at the outset of

negotiations. ,

) Is the

Disclosing

Party fhe Applicant?

- -

[ ] Yes ' [ ]N o

I f

"Yes," answer the three questions below:

1. Have you developed and do you

have

on file

affirmative

action programs pursuant to applicable

federal

regulations? (See 41 CFR Part 60-2.)

[ 3 Yes [ ] No

2. Have you f i led

with

the Joint

Reporting Committee,

the

Director ofthe

Office of Federal

Contract Compliance Programs, or the Equal Employment

Opportunity

Cornmission a ll reports due

under the applicable f i l ing requirements?

[]Yes,

[]No

3. Have

you

participated

in

any previous contracts or subcontracts subject to the

equal

opportunity

clause?

[ ] Yes [ ] No

I f

you checked "No" to question I . or 2. above, please provide an explanation:

Page

10

of 13



S E C T I O N V H

~ A C K N O W L E D G M E N T S , C O N T R A C T I N C O R P O R A T I O N ,

C O M P L I A N C E , P E N A L T I E S , D I S C L O S U R E


understands

and agrees that:

A . The certifications, disclosures, and "acknowledgments contained in this -EDS'wi l l becpme part ofany

coritract

or other agrefeihent between the Appiicaht and the

City

in connection

wi th

the Matter, whether

procurement. City assistance, or other City action, and are material inducements to the City's execution .

o f any contract or taking other action wi th

respect

to the Matter. The Disclosing Party

understands

that

i t must comply wi th all

statutes,

Ordiriarices, and

regulatio^^

.

B . The City's Gdveirnmentjil Ethics and Campaign Financing'Ordinances, .CJhap.ters.

2Tl-56,and

2-164 of .

the

Municipal

Code, irripose certairi dutie's and obligations'on

persons,

or entities

jseekiiig C i ty

contracts,

work,

business,


f u l l


line at www.cityofchicaeo.org/Ethics, and may also be obtained f r o m the City's Board of

Ethics,

740 N.

Sedgwick

St., Suite 500, Chicago, I L 60610, (312) 744-9660. The Disclosing Party must comply fu l ly

with the applicable ordinances. ' ' , 'y , . : > • :


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

vo id

or

voidable,

and fhe C i ty may pursue any remedies under the contract" or, agreement ( i f not rescinded or

v o i d ) , at law, or in equity, including terminating the Disclosing Party's participation in thd Matter and/or

declining to

allow

the Disclosing Party to participate in other transactions .with the City . Remedies at

law for a false statement of material fact may include incarceration and ari award to the C i ty of treble

damages.

D .

It is the City's poUcy to make this docutrient available to the public onits-Intemet site and/prjupon

request.

Some or

a ll

ofthe information provided on this EDS and any attachments to this EDS inay be

made available to the public on the Intemet,

i n

response to a Freedom of Information A c t 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 C i ty in

cbnnectibn/with

the pubhc

release

of

infprmation

contained in this EDS and also authorizes fhe City to v e r i f y

the,

accuracy;of any

information

submitted,

in this EDS. .. .: " . . . / ,,

E. The

information


Party must supplement this EDS up to the

time"

the

C i ty

takes

action on the Matter.

I f

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: W i th respect to Matters subject to Ar t ic le I of

Chapter 1-23 of tiie Municipal Code (imposing


for certam specified

offenses), the

information

provided herein regarding el igibi l i ty must be kept current for a longer period,

as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.

The Disclosing Party represents and warrants that:

Page I I of 13



F . l .

The Disclosing Party is not delinquent in the payment of any tax administered by the

I l l inois

Department of Revenue, nor are the Disclosing Party or its A f f i l i a t e d Entities delinquent in paying any

fine,

fee, tax or other

charge

owed to the

City .


l imited

to, all water

charges,

sewer charges,

license

fees,


taxes

or

sales taxes.

F.2

I f

the Disclosing Party is the Apphcant, the Disclosing Party and its

A f f i l i a t e d

Entities

w i l l

not

use, nor pennit their subcontractors to use, ariy

f ac i l i ty

listed hy the U.S. E.P.A. on the federal Excluded

Parties

Lis t System ("EPLS") maintained by the

U .

S. General Services

Administration.

F.3

I f

the Disclosing Party is the Applicant, the Disclbsing Party

w i l l

obtain f r o m any

contractors/subcontractors hired or to be hired in connection w i t h the Matter certifications .equal

in ; ,

f o r m

and

substance

to

those

in

F . l .

and F.2.

above

and

w i l l

not, without the prior

written consent

ofthe

City ,

use any such contractor/subcoritractor that

does

not provide such certifications or that the

Disclosing

Party has

reason

to believe has nPt provided or cannot'provide

truthful

certifications.

NOTE:

I f

the Disclosing Party cannot

certify

as to any of the items in

F. 1 . ,

F,2, or F.3. above, ari

explanatory

statement

must be

attached

to this EDS.

CERTIFICATION

Under penalty

o f perjury,

the person signing below; (1) warrants tha ^ to

execute

thisEDS and Appendix A

( i f

applicable) onbehalf

o f

the: Disclosing Party, and (2) warrants that

a l l ,

certifications

and

statements

contained

ir i

this EDS and Appendix A

( i f

applicable) are tme,

accurate

and complete as of the

date

furnished to the CityJ

Michael A.

Marchese

1985 r u s t

(Print or type

name

p,

B y

Michael A.

Marchese

(Print or type

name

ofperson signing)

Trustee

(Print or type

title

ofperson signing)

Signed and swom to before me on (date)

at Cook County,

I l l i n o i s

0 f?

^-z:i^-)VZ

(state).

^^Sf^^—

j j r ^ \ s i r \ \ j ^

Notary Public.

Commission expires:

I d ? . " } ^ —

OFFICIALSEAL

THERESA

LCALDERiSi

NOTARY

PUBLIC

-STATEOF lUNOS

MY

COMMSSION EXP«ES:12rt4/15

Page 12 of 13



C I T Y

OF CHICAGO

ECONOMIC

DISCLOSURE

STATEMENT A N D A F F I D A V I T

APPENDIX

A

F A M I L I A L RELATIONSHIPS

W I T H

ELECTED

C I T Y

OFFICIALS A ND DEPARTMENT HEADS


ownership interiest in the Applicant

exceeding;7i5

percciit. I tis not to be

cqmpleted,by

any legal entity

which'hks only'Ian-indirect ownershipjinterest in the AppUcan ^ ,, ' .

Under

Municipal Code

Section

2-154-015,

the Disclpsing

Party must

d^^

whether such

Disclosing

Party

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

oi: any city

depaitment'head

as

spouse

or

domestic

partner

or as any ofthe

fo l lowing, whether

by blood or adoption: parent, child, bfofherorsisteri aimt or

imcle,

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., ; ,; ;

"Apphcable

Party''riiearis

(1) all executiveiofScefs. o f the.-Disclosing

JJarty listqd

in

S.ection I I .B . 1

.a.,

i f

the

Disclosuig

Paftyas-

a cdiporation;

a ll

partners;of thejDisclosingiParty,

i f

the pisclosing,P^[1y is a

general.

partnership; all gerieral partners arid limited partners p f the Disclpsing Party, if the Disclosing Pa^ a limited

partaership; a ll managers, managing members

and

members

pfithejDisclpsing

Party, i f

the Disclosing

Party

is a

hmited habihty

company;

(2)

a ll

principal officers ofthe Disclositig

Party;

aind (3) any

persbn haviiig

riiore than

a 7.5 percent ownership

interest

in the Disclosing Party. "Principal, officers"

nieans

the

president,

chief

operating

officer,

executive

director, chief financial

officer,

treasurer

or

secretary

o f

a legal

eritity

or

ariy

persori

exercisiag siriiilar

authority.

Does

the Disclosing

Party

or any "Apphcable

Party"

or any.

Spouse

or Domestic

Paitner,

thereof currentiy

have a

" fam il ial

relationship" with an

elected

city off ic ial or

department

head?

[

]Yes [x]No

Ifyes, please identify

below (1) the

name

and title

o f such person,

(2) the riame

o f

the legal entity to which

such person

is

connected;

(3) the

name

and titie o f the

elected

city o f f i c i a l or

department head

to whom

such

person

has a famihal relationship, and (4) the precise nature o f

such

famihal relationship.

Page 13 of 13



C I T Y OF CHICAGO

ECONOMIC DISCLOSURE STATEMENT A N D A F F I D A V I T

APPENDIX B

B U I L D I N G CODE SCOFFLAW/PROBLEM L A N D L O R D 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 percent (an "Owner").

I t


the Applicant.

1. Pursuant

to Municipal Code Section

2-154-010,

is the Applicant or any Owner identified as a

building code scofflaw or problem landlord

pursuant

to Section 2-92-416 o f the Municipal

Code?

[ ]Yes [X]No

2. I f 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 Section

2-92-416

o f

the Municipal Code?

[ ]Yes [ ]"No [ x i Not Applicable

I f yes to (1) or (2)

above,

please identify below the

name

o f the

persbn

or legal entity

identified as a building

code

scofflaw or problem landlord and the address of the building or

buildings to which the

pertinent

code

violations apply.


AN D AGREEMENT T H A T THIS APPENDIX B IS INCORPORATED BY

REFERENCE

I N T O ,

A N D M A D E A PART OF, THE ASSOCIATED EDS,

A N D T H A T THE REPRESENTATIONS M A D E I N THIS APPENDIX B ARE

SUBJECT TO THE CERTIFICATION M A D E UNDER PENALTY OF

PERJURY




(DO NOT SUBMIT THIS

PAGE

WITH YOUR

EDS. The

purpose ofthis page

is

for you

to

recertify your EDS

prior

to submission to City Council or on the date

o f

closing. I f

unable

to

recertify

tmthfii l ly,

the Disclosing Party must complete a new EDS with correct or corrected

information)


Generally, for use with City Council

matters.

Not fo r City

procurements

unless requested.

Application fo

rezone

property located at

4400-4458 & 4401-4415

This

recertification is being submitted in coimection w i t h N . clarendon Ave and for tax increment financing

[identify the Matter]. Under penalty

o f

perjury, the

person

signing

below:

(1) warrants that

he/she is authorized

to execute

this EDS recertification on

behalf Of

the

Disclosing

Party, (2)

warrants that

a ll certifications

and statements contained

in

the Disclosing Party's original EDS

are tiue, accurate and complete as

o f

the datefiunished o, the City and continue to be tme,

accurate

and complete as ofthe

date of

this

recertification,

and (3)

reaffirms

its

acknowledgments.

Michael A . Marchese Primary Trust .. Date"- / - 7 ^ ^


name o f Disclosing

Party)

Print

or type

name

o f signatory:

Mictiael A. Marctiese

Title

o f

signatoty:

Tmstee


- .by.

UCMmc7. J,. i ^ f ^ y , ^ - at ( Z ^ J l ^ County,

/ ^ . / ^ i ^ i ^ t ^

[state].

' 7 > ) / l c . ^ Notary Public.

• 1^

Commission expires: ^ / - ^ ^ "

\ "OFFICIAL SEAL"

I BRIDGET E TORRES

< Nolar/ Pub l ic , Slate

of

Illinois

Vcr. 11-01-05 \ My C o r n n i i s s i c n E ) c p i r e s 3 ^



C I T Y

OF C H I C A G O

E C O N O M I C

D I S C L O S U R E S T A T E M E N T


S E C T I O N I -

G E N E R A L


A .

Legal

name


Michael A. Marchese Primary Trust

Check O N E of the.fqllowing,threc boxes:

Indicate whether the Disclosing Party submitting this EDS is:

1.

[ ] the Applicant ; . , . • • . . ;

OR' ' • •

2. [X] a legal entity

hbldirig

a direct or iridirect ihterest i n the Applidant. State the legal riarrie of the

Applicant

in which the

"Disclosing

Party holds an ihterest: Mbhtrbse Giarendoti

Partners

LLC

OR

3. [ ] a legal entity

wi th

a right of

conlrol

(see Section

I I . B . l . ) State

the legal

name

of the entity in

which

the Disclosing Party holds a right of

control:

• • ' •

B . Business

address of the Disclosing Party: 4104

N.

Harlem Avenue

Norridge,

IL

60706


D .


A.

Gerlach ,

E. Federal Employer

Identification

No.

( i f

you

have

one):

P. B r i e f description of contracl, transaction or other undertaking (referred to below as the "Matter") to

which

this EDS pertains. (Include project number and location of property, i f applicable):

Application to rezone property located at 4400-4458 & 4401-4415

N .

Clarendon Ave and for tax increment financing

G . Which City agency

or

department

is

requesting th is EDS? Department

of

Planning and Development

I f

the Matter is a contract being handled by the City's Departmerit of Pfocureini^rit Services,

please

complete the

f o l l o w i n g :

Specification

# and Contract #

Ver. 01-01-12 Page 1 of 13



S E C T I O N H - D I S C L O S U R E OF O W N E R S H I P I N T E R E S T S

A .

NATURE

OF THE

DISCLOSING

PARTY


[

]

Person

[ ]

L imi ted liabihty

company

[

]

Publicly

registered business corporation [ ] L imi ted

l iabi l i ty

partnership

[

] Privately held

business


[

] Sole

projprietorship

[ ]

Not-for-profit

coiporation

[ ] General partnership (Is the

not-for-profit

corporation

also

a 501(c)(3))?

[ ] L imi ted partnership []Yes [ ] No

[3^

Tmst [ ] Other

(please

specify)

2. For legal entities, the state (or

foreign

country) of incorporation or organization,

i f

applicable:

I l l i n o i s

•

3. For legal entities not organized in the State

o f l l l i n o i s :

Has the organization registered to do

business

in the

State o f l l l in o i s

as a

foreign

entity?

[JYes []No

[3^

N/A

B .

IF THE

DISCLOSING PARTY

IS A


I . L i s t below the

f u l l

names and titles of

a ll

executive officers and all directors ofthe entity.

NOTE : For not-for-profit corporations, a.lso

lis t

below all members, i f any, which are legal entities. I f

there are no such members, "write "no members." For tmsts, estates or other similar entities,

l is t

below


I f

the entity is a general partnership,

l imited

partnership,

l imited

l i ab i l i ty

company,

l imi ted

l iabi l i ty

partnership or j o i n t .venture, Hst below the

name

and title of

each

general partner, managing member,

manager

or any other person or entity that controls fhe day-to-day

management

ofthe Disclbsing Party.

NOTE:

Each legal entity listed below must submit an EDS on its own behalf.

Name i t l e

Michael

A. Marchese t r u s t e e



concerning

each

person or entity having a direct or

indirect beneficial interest (including ownership) in

excess

of 7.5% ofthe Disclosing Party. Examples

o f such an interest include shares in a corporation, partnership interest in a partnership or j o i n t venmrc.

Page 2 of 13



interest of a member or manager in a l imited liabihty company, or interest of a

beneficiary

of a tmstj

estate

or other

similar

entity. I f none, state "None." NOTE: Pursuant to Section 2-154-030 of the

Municipal Code of Chicago ("Municipal Code"), the City ma;y requhe any such additional information

f r o m any applicant which is reasonably intended to achieve f u l l disclosure.

Name Busiriess Address Percentage Interest in the

DisclosingParty

Michael A. Marchese 4- 04 N. Harlem Ave, Norridg e, I L 60706

R egina Ma rc he se 4164 N. Harlem Ave, Norr idge, I L 6O7O6

Gi ova nna Marc he se 4104 N . Harlem Ave, Norr idge, I L 60706

S E C T I O N

m ~ B U S I N E S S R E L A T I O N S H I P S W I T H C I T Y E L E C T E D O F F I C I A L S

Has the Disclosing Party had a


as defined in Chapter 2-156 ofthe Municipal

Code,

wi th

any City elected

o f f i c i a l

in the 12 months before the date this EDS is signed?

[ ] Yes [3^ No

Ifyes, please

identify

below the name(s) of such

City

elected official(s) and describe such.

relationship(s):

S E C T I O N

I V

-

P I S G L O S U R E O F

S U B C O N T R A C T b R S AND

O T H E R R E T A I N E D P A R T I E S

The Disclosing Party must disclose the name and business address of each subcontractor, attorney,

lobbyist, accouiitant, consultant and any other person or entity

whom

the Disclosirig Party has retained

or

expects tp retain in coimection

w i t h

the Matter, as wel l as the riature of the

relationship,

a;nd the total

amount ofthe fees paid or estiriiated to be pa,id. The Disclosing Party is hot required to disclose


Disclosing

Party's

regiilar payroll.

"Lobbyist"

means any person or entity who undertakes to

influence

any legislative or administrative

action

on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2)


another includes undertaking to influence any

legislative

or administrative action.

I f 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 of 13



Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether

retained or anticipated Address (subcontractor, attorney, paid or estimated.)

N O T E :

to be retained) lobbyist, etc.) "hourly rate" or

"t.b.d."

is


(Add sheets i f

necessary)

[3

Check

here

if

the Disclosing

Party

has not

retained,

nor expects to

retain,

any such persons or entities.

S E C T I O N

V -

C E R T I F I C A T I O N S

A . COURT-ORDERED C H I L D SUPPORT COMPLIANCE

Under Municipal Code Section 2-^2-415, substantial owners of business entities that contract wi th

the

City

must remain in compliance

w i t h

their

child

support obligations throughout the contract's term.

Has any person who directly or indirectly owns 10% or riaore of the Disclosing Party been declared in

arrearage

on any

child

support obhgations by any

Ilhnois

court of competerit jurisdiction?

[ ] Yes [3 No [ ] No person

directly

or

indirectly

owns 10% or more of the

DisclosingParty.

I f

"Yes,".has

the perspn entered

into


f o r

payment of

a l l

support owed and

is the person in

compliarice

w i t h that

agreement?

[ ] Yes [ ] N o

B . FURTHER

CERTIFICATIONS

1. Pursuant to

Municipal

Code Chapter 1-23,.

Ar t ic le

I

("Article r')(which

the

Applicant

should

consult fo r

defined

terms (e.g., "doing business") and legal requirements), i f the Disclosing Party

submitting this EDS is the Apphcant and is doing

business

w i t h the

C i ty ,

then the Disclosing Party

certifies as

follows:

( i) neither the Applicant nor any

controlling

person is currently indicted or charged

w i t h ,

or has admitted

guil t

o f ,

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 C i ty or any sister agency; and ( i i ) the

Applicant

understands and acknowledges that compliance w i t h

Ar t ic le

I is a continuing requhement for

doing business wi th the C i ty . NOTE: I f Ar t ic le I applies to the Applicant, the permanent compliance

timeframe

in Artic le I

supersedes


Page 4 of 13



2. The Disclosing Party and,

i f

the Disclosing Party is a legal entity, all of those persons or entities

identified

in Section

I I . B . l .

of this EDS:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily

excluded f r om any transactions by any federal,

state

or

local unit

of govemment;

b.

have

not,

wi th in

a five-year period preceding the date o f this EDS,

been


offense, adjudged guil ty , or had a c iv i l judgment rendered against them in connection

w i t h :

obtaining, attempting to obtain, or performing a pubhc (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 destmction of record's;

maikiri'g

false'

statements;

;pr receiving stolen property; . _

c. are not presently indicted for, or criminally or

c iv i l ly

charged by, a govemmental entity (federal,

state or local) with committing any ofthe offenses set f o r th

iri'claiii^e

B'.2.b.'of this Section V;

d.

have

not,

wi th in


date

ofthis

Et)S, had

ohe'dfriioirei

public

.

iansactionsXfederal,. state

or local) .teminated

for

,ca^

e. have not, wi th in a five-year period preceding the date of this EDS, been corivictbd, adjudged

guiltyi,.or;f03and-liable in a c iv i l proceeding, or,

i n

any criminal pr c i v i l action, including actions

concerning enyironmental

violations,

instituted by the C i ty or by "the'

fedef

a goverrirrierit, any

state, or any other

unit

of

local

govemment.

3. The certifications in subparts 3,4 and 5 concern:,

• the DisclosingParty;;, .<

•• any "Contractof (meaning any contractor or subcontractor used by the Disclosing Party in

coimection wi th the Matter, including but not l imited to a ll persons of legal entities disclosed under

Section I V , "Disclosure of Subcontractors and Other Retained Parties");

• any " A f f i l i a t ed Entity" (meaning a person or entity that, directly or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, w i t h the Disclosing Party, under

common control of another person or entity. Indicia of control include, without l imi ta t ion :

interlocking management pr ownership; identity of interests ainong f a m i ly members, shared facilities

and equipment; common use o f .employees; or organization of a busiriess entity

f o l l o w i n g

the

inel igibi l i ty o f a business entity to do business wi th federal or state or local gbvemmisnt, including

the City, using substantially the same management, ownership, or principals as the

ineligible

entity);

w i t h

respect


A f f i l ia t e d

Entity

means

a-

person or

eritity

that

directly

or

indirectly

controls the Contractor, is controlled by

i t ,

or, wi th the Contractor, is urider common

control of another person or entity;

•

any,

responsible o f f i c i a l of the Disclosing Party, any Contractor or any A f f i l i a t ed Entity or any

other o f f i c i a l , agent or employee of the Disclosing Party, any Contractor or any Affihated Eritity,

acting pursuant to the direction or authorization of a responsible o f f i c i a l of the Disclosing Party, any

Contractor or any Af f i l i a ted Er i ti ty (collectively "Agents").

Page 5 of 13



Neither

the Disclosing Party, nor any Contractor, nor any A f f i l i a t ed Entity of either the Disclosing Party

or

any Contractor nor any Agents have, during the

five years

before the

date

this EDS is signed, or,

wi th

respect to a Contractor, an

A f f i l i a t ed

Entity, or an

A f f i l i a t ed

Entity of a Contractor

during

the

five years

before the

date

of such Contractor's or

A f f i l ia t e d

Entity's contract or engagement in connection w i t h fhe

Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guil ty of bribery or attempting to

bribe, a

public

officer or employee ofthe Ci ty j the

State

o f l l l i n o i s , or any agency of

the

federal

govemment or of any state or local government in the United States of

America,

in that

officer's

or employee's

o f f i c i a l

capacity;

b. agreed or colluded

wi th

other bidders or prospective bidders, or been a party to any such

agreement, or been convicted or adjudged guil ty of agreement or collusion among bidders or

prospective bidders,

i n

restraint of

freedom

of competition by agreement to bid a fixed price or

otherwise; or

c. made an admission of such conduct described in a. or

b.

above that is a matter

o f

record, but

have not been prosecuted for such conduct; or

d. violated the provisions of Municipal Code Section 2-92-610

( L i v i n g

Wage Ordinance).

4. Neither the Disclosing Party, A f f i l i a t e d Entity or Coritiactor, or any of their employees,

officials,

agents or paitners, is barred f r o m contracting

wi th

any

unit

of state oTlbcar go v^

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 shnilar offense of any state or of the United States o f

America that contains the

same

elements as the offense of

bid-rigging

or bid-rotating.

5. Neither the

Disclosing

Party nor any

A f f i l i a t ed

Entity

is

listed

on any of the

f o l l o w i n g

lists

maintained by the Office of

Foreign

Assets Control o f the U.S. Department of the Treasiiry or the

Bureau of Industry and Security of the U.S. Department of Commerce or their successors: the Specially

Designated Nationals Lis t , the Denied Persons Lis t , the Unverified L is t , the Entity

L i s t

and the

Debarred

Lis t .

6. The

Disclosing

Party understands and shall comply w i t h the applicable requirements of Chapters

2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe

Municipal Code.

7.

I f

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

Page

6 of 13



I f the letters

"NA,"

the

word

"None," or no

response appears

on the lines above,

i t wi l l

be conclusively

presumed that the Disclosing Party certified to the above statements.

8. To the best of the Disclosing Party's knowledge after

reasonable

inquiry, the

f o l l o w i n g

is a

complete hst of a ll current employees of the Disclosing Party who were, at any time during the 12-

month p'eriod precedirig the execution date of

this

EDS, an employee, or elected or appointed

o f f i c i a l ,

o f the City of Chicago ( i f none, indicate

w i t h

"N/ A" or "riorie"),

N/A ' • ' ' - •

9. To the best o f the Disclosing jPartiy'slriiowIedge after

reasonable

inquiry; the f o l l o w i n g , is a

complete

lis t

of a ll gifts that the E)isclo^ing Party has giveri 'df 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

o f f i c i a l , ofthe C i ty of Chicago. For purposes of this statement, a " g i f t " does not include: (i) anything

made

generally available tb

City

€;rriplbyees or to the gerieral

public,

or ( i i )

food

or

drink

provided in the

course

of

o f f i c i a l

C i ty business and having a

retail

value of

less

than $20 per recipient . ( i f none,,iridicate

wi th "N/ A"

or "none"). As to any

g i f t

listed below,

please

also

lis t

the

name

of the C i ty recipient.

C. CERTIFiCATION

OF STATUS AS

F I N A N C I A L I N S T I T U T I O N

1.


c'eitifies

that the Disclb

[ ] is

[3^

is not ' ' . •

a "financial institution''as defined in Section 2-32-455(b) of the Municipal Code.

2 . I f

the Disclosing Party IS a financial

institution,

then the Disclosing Party pledges:

" We

are npt and

w i l l

not becoriie a prediatory lender as defined in Chapter 2-32 of the Municipal

Code. We further pledge that rioiie of bur affihates is,"and none of-them

w i l l

become a-prcdatory -

lender as defined in Chapter 2-32 of the Municipal Code. 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

wi th

the

City:"

I f the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in

Section 2-32-455(b) ofthe Municipal Code) is a predatory lender w i t h i n the meaning of Chapter

2-32 of the

Municipal

Code, explain here (attach additional pages

i f

necessary):

Page 7 of 13



I f

the letters "NA," the

word

"None," or no

response appears

on the lines above, i t wi l l be

conclusively


D.


INTEREST

I N

C I T Y

BUSINESS

Any v ords or terms that are

defined

in Chapter 2-156 ofthe Municipal Code have the

same


1. In accordance

wi th

Section 2-156-110 of the

Municipal

Code: Does any

o f f i c i a l

or employee

o f the City have a financial interest in his or her own name or i n the name o f any other person or

entity

in the Matter?

[ ] Yes ^ ] No

NOTE: I f y o u checked "Yes" to Item D . L , proceed to Items D.2. and D.3 . I f y o u checked "No" to

Item D . L , proceed to Part E.

2. Unless sold pursuant to a process of

competitive

bidding, or otherwise

permitted,

no C i ty

elected

o f f i c i a l

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

C i ty ,

or (i i ) is sold

fo r taxes or

assessments,

or (i i i ) is sold by

virtue

of legal process at the suit of fh e C i ty (collectively,

"Ci ty

Property Sale"), Compensation f o r property taken pursuant to the

City's

eminent domain power

does

not constitute a

financial

interest wi th in the meaning ofthis Part D.

Does the

Matter

involve a

City

Property Sale?

[ ] Y e s

-

• [ ] N o -

3. I f you checked "Yes" to Item D . L , provide the names and business addresses of the C i ty

officials

of employees having such interest and

identify

the nature of such interest:


4.

The Disclosing Party further

certifies

that no prohibited

financial

interest in the Matter

wi l l

be acquired by any City o f f i c i a l or employee.

B. CERTIFICATION REGARDING SLAVERY ERA BUSINESS

Please

check either 1. or 2.

below.

I f the Disclosing Party checks 2., the Disclosing Party must


Page

8 of 13



comply with

these

disclosure requirements may make any contract entered

into

w i t h the City in

connection wi th

the

Matter voidable

by the

City .

X

1. The Disclosing Party verifies that the Disclosing Party has searched any and

a ll

records of

the Disclosing Party and any and a ll predecessor entities regarding records of investments or profits

f r o m


policies during

the slavery era (including insurance policies

issued to slaveholders that provided coverage fo r damage to or in ju ry 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 f r o m


policies. The Disclosing Party verifies that the f o l l owin g constitutes f u l l disclosuire of a ll such


S E C T I O N y i -


F O R F E D E R A L L Y F U N D E D M A T T E R S

NOTE: I f the Matter is federaUy

funded,

complete this Section V I . I f the Matter is not federally

funded,

proceed to Section

V n .

For purposes of

this

Section

V I ,

tax credits allocated by the

C i ty

and

proceeds of debt

obligations

of

the C i ty

are

no t

federalfunding.

A . CERTIFICATION

REGARDING L O B B Y I N G

1.

L is t

below the

names

of

a ll

persons or entities registered under the federal

Lobbying

Disclosure

Act of 1995 who have made lobbying contacts on behalf of the

Disclosing

Party

with"

respect to the

Matter:

(Add sheets i f necessary):

( I f

no explanation

appears

or begins on the lines above, or

i f

the letters

"NA"

or

i f

the

word

"None"

appear, i t wi l l be

conclusively

presumed that the Disclosing Party means that NO persons or entities

registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf

o f

the

Disciosing

Party

wi th

respect to the

Matter.)

2. The Disclosing Party has not spent and w i l l not expend any federally appropriated funds to pay

any person or

entity listed

in Paragraph

A . l .

above

fo r

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 of

a

member of Congress, in connection w i t h the award of any federally

funded


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.

Page 9

of 13



3.

The

Disclosing Party

will

submit an updated certification at the end

of

each calendar quarter

in

which there occiirs any event that

materially

affects the accuracy of the

statements

and information set

forth

in

paragraphs

A . l .

and

A.2.

above.

4. The

Disclosing Party certifies that either:

(i) it is

not an organizalion 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)

o f

the

Intemal

Reveriue Code of 1986

but

has not engaged,

and wi ll

not engage

i n

"Lobbying

Activities".

5.

I f 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

a ll

subcontractors before

it

awards any

subcontract and the

Disclosing

Party, must maintain,

all

such subcontractors' certifications

fo r

the

duration

of

the Matter

and

must make such certifications promptly

available

to the City upon request.

B .


EQUAL


I f

the Matter

is

federally funded, federal regulations require the Applicant and

a ll

proposed

subcontractors to submit the fol lowing information with their bids or

ir i

writing at the outset

of

negotiations.

Is the

Disclosing

Party the Applicant? ; "

[ ] Yes ••• ' : [ ] N o .

I f

"Yes,"

answer

the

three

questions

below:

1.

Have

you

developed and

do you

have on

file

affirmative action programs pursuant

to

applicable

federal

regulations? (See

41 CFR

Part 60-2.)

[ ]Yes

[ ] N o .

2.

Have

you filed with

the Joint

Reporting

Committee, the Director

,of

the

Office of

Federal

Contra:ct Compliance

Programs, or the Equal

Employment

Oppormnity Commission

all

reports due

under the

applicable f i l ing

requirements?

[ ]Yes

[ ]No

3. Have

you

participated

in

any previous contracts or subcontracts subject

to

the

equal opportunity clause?

[

] Ycs [ ] No

I f y o u

checked

"No"

to question

1.

or

2.

above, please provide an explanation:

Page 10

of 13



SECTION V I I

- ACKNOWLEDGMENTS, CONTRAC T INC ORPOR ATIO N,

COMPLIANCE, PENALTIES, DISCLOSURE


understands

and agrees that:

A .

The certificatibns, disclosures, and acknowledgments contained in this EDS

w i l l

becorge

partvof

iany

contiract'or other agreeinent between the Applicant and the City in contnection.with- the Matter,-whether

procurement. C i ty assistance, or other City action, and are material inducements to the City's eJtecutipii

ofany contract or taking other action

wi th respect


understands

that

i t

must cbmply

wi t i i

alPstahite ^

B . The Gity'^'Gbvefriihential Ethics and Caiihipaign Fihancmg Oirdinances, Chapters 2-156 arid 2rl64 pf

the Municipal Code, ihipose

'certairi

duties arid obligations On'persoris or.entities seeking C i ty contraclSj

work, business,


f u l l


line

at www.cityofchicago.org/Ethics, and may also be obtained f r o m the City's Board of Ethics, 740 N .

Sedgwick

St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply f u l l y

with the applicable brdiriancesh' - • '

C. I f the City determines that any information provided in this EDS is false, incomplete or inaccurate,

any contract or other agreement in connection w i t h

which

it is submitted may be rescinded or be void or

voidable, and the City may pursue any remedies under the contract<OF agreement

( i f

not rescinded or i

v o id ) , at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or

declining to allovv the Disclosing Party to participate in other transactions w i t h the C i ty . Remedies at

law

for a false statement of material fact may include incarceration and an award to the

City o f

treble

damages. ••••• . -r ,

D. I t is the City's policy to iriake this document available to the public on its Intemet site and/pr upon

request.

Some or

a ll

ofthe

information

provided on this EDS and any attachments to this; EDS maybe

made available to fh e public on the Intemet, in response to a Freedom of Information A ct request, or

otherw.ise. By completing and signing this EDS, the Disclosing Party waives and releases any possible

rights br claims

which i t

may

have

against the City in

coririe ^

the'public

release-pf, information

contained in this EDS'and also authorizes the City to v e r i f y the accuracy of any information submitted

in

this EDS. " - - - - - - . -

E. The information provided in this EDS must be kept currenl. In the event of

changes,

the Disclosing

Party must

suppleriierit

this

'EDS

up to the time the

C i ty

takes

action-on the Matter.

I f

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: W i t h

respect

to Matters subject to Artic le I of

Chapter 1-23 ofthe Municipal Code (imposing PERMANENT

I N E L I G I B I L I T Y

for certam specified

offenses), the

information


el igibi l i ty


as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.


Page 11 of 13



F . l . The Disclosing Party is not,delinquent in the payment of any tax administered by the I l l ino i s

Department of Revenue, nor are the Disclosing Party Or its Affihated Entities delinquent in paying any

fine, fee, tax or other charge owed to the City . This includes, but is not l imited to, all water charges,

sewer charges, license fees, parking tickets, property

taxes

or

sales

taxes.

F.2 • I f the.Disclosing Party is the Applicant, the Disclosing Party and its A f f i l i a t e d Entities \ y i l l not

use, nor permit their

subcontractors

to use, any f ac i l i ty listed by the U.S. E.P.A. on the federal Excluded

Parties Lis t System ("EPLS") maintained by the U . S. General Services Administration.

F.3 ' I f 'the Disclbsing Party is the Applicant, the Disclosing Party

w i l l

obtain f r o m any- t , ;

contractors/subcontractors

hired or to be hired in connection wi th the Matter certifications equal in

fonn and substance to,those in F. l. and F,2. above and w i l l not, without the prior written consent ofthe

City, use any such contractor/sub contractor that does not pirovide such certifications or that the

Disclosing Party has reason to believe has not provided or cannot provide tmthful certifications.

NOTE; I f the Disclosing Party

cannot

certify as to any of the items in F. 1., F.2. pr F.3 .

above,

ari

explanatory statement must be attached to this EDS. _

CERTIFICATION -

Under perialty of perjury, the

person

signing below: (I ) warrants that he/she isjauthorized to

execute

this EDS;and Appendix'A ( i f kppUcable) on behalf of the Disclosing Party, and (2) warrants that all

certifications arid statements contained in this EDS and Appendix A ( i f applicable) are tme, accuratd

and complete as of the date fumished to the City .

Michael

A.

Matchese

.Primary

r u s t

(Print or type

name

ofBisclosing Party)

Michael A.

Marchese

(Print or type

name

ofperson signing)

Trustee

(Print

or type

titie

of person signing)

Signed and swom to before me on (date) ^-^0^^-^h>

at Cook County, I l l i n o i s (state).

Notaty Public.

Commission expires: )^L^)^ ^b

OFFICIALSEAL

THERESA

LCALDERISI

NOTARY PUBUC

-

STATE Of UiWOtS

MV

COt*«SSI0N EW>«ES:12rt4rt5

Tmmmmm " • • * - - ' - r - - | - | n f l A r L a a V

Page

12 of 13



CITYOFCHICAGO

ECONOMIC

DISCLOSURE

STATEMEINT

A N D A F F I D A V I T

APPENDIX

A

F A M I L I A L

RELATIOiSfSHIPS W I T H

ELECTED

C I T Y OFFICIALS A N D

DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Apphcant, and (b) any legal entity which has a direct

ownership interest in:the Applicant exceeding 7.5 percent., It is not to be completed by any,Iegal entity

which

has only an

indijTcct

ownership

interest Ul

the, Apphcant

i , ^ . , ,

UnderjMunicipal Go ^

2-,154-0i5,

thepiscbsing Party

m whetiier

such

Disclosing

Party

or any "Applicable Pai^/ or any;

Spouse,or

Dpniestic Partaer cuirehtly has a "famihal rela&

any elected city

o f f i c i a l

or

department

head. A "famihal reiatidhshif)"

exists

i f , as o f the date this EBiS is"

signed,

the Disclosing

Party

pr any "App|Iicable

Party"

or any

Spouse

or Domestic

Partner

thereof is

related

to

the mayor, any

aldennan,"the city cleVk,

the'city heasurer or'any'city of'ddiriestic' '

partner

or as any o f the


by blood or adoption: parerit childv^ brother br

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-sisterJi ' , • ; r* : ? '

"Applicable'Party'Jimeans

(1)

aU executive officers o f

theDisclosing

Party

listed in Section

I I ;B . La., i.f

the

Disclosuig

Paity.is'a'pprporatipn;,aU.partne^^

the Disclqsing,Earty,,if the Disclosing;? .

partnership; : d l .generalipartners,

and limitedrpaitners o f the Disclosmg

Party, i f

the l isclpsihg.Paityr is a hmited

partnership;

a ll managers,

managing members and members ofthe Disclpsmg Party,

i f

the Disclbsing Pjuty is a

limited habihty company; (2)

a ll

principal officers o f the Disclosing Party; arid (3) any

person

having more than

a 7.5

percent

ownership

interest

in the Disclosing

Party.

"Principal

pfficers".meaus

the,presiden .cM ,

operating

officer,

executive


officer,

heasurer

or

secretary

o f

a legalehtity or

aiiy

pereon

exercising similar authority. • ' , " '

Does the Disclosing Party or any "Apphcable Party" or any Spouse or Domesti&Paitrier thereof :e

have a

" femil ial

relationship" with an

elected

city

o f f ic ia l

or

department

head?

[

]Yes p j N o

I f yes, please identify below (1) the

name

and title of

such person,

(2) the

name

o f the legal entity to which

such

person

is

connected;

(3) the

name

and

title o f

the

elected

c ily o f f ic ia l

or

department

head

to whom

such

person

has a

famil ial

relationship, and (4) the

precise nature

o f

such f ami l i a l

relationship.

Page 13 of 13



CITY OF CHICAGO

ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT

APPENDDCB

BUILDING

CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION


which

has

a direct ownership

interest

in

the

Applicant exceeding

7.5 percent

(an "Owner").

I t


the Applicant.

1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a

building

code scofflaw

or problem landlord

pursuant to Section

2-92-416

o f

the Municipal

Code?

'

[ ]Yes [X]N o

2.

I f

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

Section

2-92-416

ofthe Municipal Code?

[ ]Yes [ ]No [ x ] Not Applicable

I f

yes to (1) or (2) above, please identify below the name ofthe person or legal entity


code scofflaw

or problem landlord and the

address

of the building or


pertinent

code

violations apply.

FILLING OUT THIS APPENDIX B CONSTITUTES

ACKNOWLEDGMENT

AND AGREEMENT THAT TIHS APPENDIX

B

IS INCORPORATED BY

REFERENCE INTO,

Af^D

MADE A PART OF, THE ASSOCIATED EDS,

AND THAT

THE REPRESENTATIONS

MADE

IN THIS APPENDIX B ARE

SUBJECT TO THE CERTIFICATION

MADE

UNDER PENAI.TY OF

PERJURY

ON

PAGE 12 OF THE ASSOCIATED EDS.



(DO NOT SUBMIT THIS PAGE W I T H YOUR EDS.

The

purpose

ofthis

page

is

for you

to

recertify your EDS

prior

lo submission to City

Council

or on the date of closing. I f unable to

recertify truthfiilly,

the

Disclosing

Party must complete a new EDS

with

correct or corrected

information)


Generally,

for

use with City

Council

matters. Not

for

City procurements

unless requested.

Application to rezone property located at 4400-4458 & 4401-4415

This

recertification

is being submitted in connection

w i t h N .

Clarendon Ave and

for

tax increment financing

[identify

the

Matter].

Under penalty

o f perjuty,

the person signing

below:

(1) warrants that

he/she is authorized to execute this EDS recertification on behalf o f the Disclosing Party, (2)

warrants that

a ll certifications

and statements contained in the Disclosing Party's original EDS

are tme,

accurate

and complete as

o f

the

date

fumished to the

City

and continue to be tme,

accurate

and complete as ofthe

date

ofthis recertification,

and (3)

reaffirms

its

acknowledgments.

The

Hariem

Irving Companies. Inc.

Date:

(Print

o f

type legal

name Of

DisclosingParty)

(sign here)

Print

or type

name

o f

signatoty:

Lawrence

A.

Gerlach

Title o f signatoty:

Vice President


l A v y m ^

J -- ^ i / y f e ' A - - .

at

__CcdL.

County,

,by

[state].

Commission expires: ^ j l j - t j ^

Notaty

Public.

Ver.

11-01-05



C I T Y O F C H I C A G O





A . Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ i f applicable:

The Harlem lrvinR:Confipanies.,lnc. - . .

Check O N E of the following three boxes:

Indicate whether the Disclosing Party subinitting this EDS is: . > , .

1. [ ] the AppHd'anV ' " ' ' ' ' ' - '

OR • ' ' ' • .. y .

2.

[x] a

legal entity holding

a

direct

or

indirect interest

in the

Applicant.

'

State

the

legal name

of the

Applicant

in

which

the

Disclosing Party holds

an

interest: Montrose ClarendotS'part'ners LLC

OR

3. [ ] a legal entity wi th a right of control (see Section I I . B . l . ) State the legal

name

of the entity in

.which the_Disclosing_Partv holds a right of

control:

B .

Business

address of the Disclosing Party; 4104

N.

Harlem Avenue

Jilprridgfc IL6Q706

C. Telephone: 773-625-3036 Fax: 773-625-0Q56 Email: Igerlach harlemirvlnp.com

D. Name of contact person: lawrence A . Gerlach

E. Federal Employer

Identification

No. ( i f you

have

one):

F. B r i e f description of contract, transaction or otherundertaking (referred to below as the "Matter") to

which' this EDS pertains. (Include project number and location ofproperty, i f applicable):

Application

to

rezone

property located at

4400-4458 &

4401-4415

N.

Claredon Aye and fo r tax increment financing

G . Which City agency or department is requesting this EDS? Department of Planning and Development

I f the Matter is a contract being handled by the City's Department of Procurement Services, please

complete the

f o l l o w i n g :

Specification

# and Contract #

Vcr. 01-01-12 Page ] of 13



S E C T I O N

I I - D I S C L O S U R E

O F

O W N E R S H I P

I N T E R E S T S

A .

NATURE

OF THE

DISCLOSING

PARTY


[ ] Person

[ ] Publicly registered

business

corporation

[x] Privately held business corporation

[ ] Sole proprietorship

[

] General partaership

[ ] L imi ted partnership

[ ] Tmst

[ ]

Limited hability

company

[ ] Limited

l iabi l i ty

partnership

[ ] Joint venture

[ ] Not-for-profit corporatipn

(Is

the not-for-profit corporation also a 501(c)(3))?

[ jYes [ ]N o

[ ] Other (please specify)

2. For legal entities, the state (or foreign country) o f incorporation or organization, i f applicable:

I l l i n o i s

^ •

3. For legal entities not organized in the State of Illinois; Has the organization registered to do

business in the State

o f l l l in o i s

as a

foreign

entity?

[ ] Yes- [ ] N o [3^ N / A

B .

IF THE

DISCLOSING

PARTY IS A


1. L is t below the f u l l names and titles of a l l executive officers and all directors o f the entity.

NO TE : For.notrfpr-profit corporations, also l is t below a ll members, i f any, which are legal

entities.

I f

there are no such members,, write "no members." For tmsts, estates or other

similar

entities, l i s t

below


I f


l imi ted

partnership,

l imi ted

l i ab i l i ty company,

l imi ted

l iabi l i ty

partnership or j o i n t venture, listbelow the

name

and title of

each

general partner, managing member,

manager

or any other person or entity that controls the day-to-day nianagemerit ofthe Disclosing Party.


Name

See

A t t ac h ed

Titie



conceming

each


indirect

beneficial interest (including ownership) in

excess

of 7.5% ofthe

Disclosing

Party. Examples

o f such an interest include shares in a

corporation,

partnership interest in a partnership

or

j o i n t venture.

Page

2 of 13



interest of a member or manager in a l imited

l iabi l i ty

company, or interest of a

beneficiary

of a tmst, ,

estate

or other

similar entity.

I f none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe

Municipal

Code of Chicago ("Municipal Code"), the

City

may require any such additional

infonnation


Name Business Address Percentage Interest in the

DisclosingParty

Michael A . Marchese Pr imar y Tr u st , 4104 N . Harle m Ave, No rr i dg e, I L 6O7O6

Michael A. Marchese 1985 T ru s t 4104 N . Harl em Ave, N or ri dg e, I L 60706

Michael A. Marchese Special Trust

,4104 N . Hariem Ave,

Norridge,

IL 60706

S E C T I O N I I I - B U S I N E S S R E L A T I O N

S H I P S ,

W I T H C I T Y E L E C T E D O F F I C I A L S

Has the Disclosing Party had a


as

defined

in Chapter 2-156 ofthe Municipal

Code, wi th any City elected o f f i c i a l in the 12 months before the date this EDS is

signed?

[ ] Yes No

I f

yes, please identify belbw the riame(s)76f such

C i ty

elected

official(s)

and describe such

relationship(s):

S E C T I O N I V

~

D I S C L O S U I t E

O F

S t l B C O N t R A C T O R S AND

O T H E R R E T A I N E I ) P A R T I E S

The .Disclosing Party must disclose the name and business

address

of each subcontractor, attomey;

lobbyist,

accountant, consultant and any other person or entity

whom

the Disclosing Party has retained

orexpectsto retam in connection wi th the Matter, as w e l l as the nature of the relatioriship, and the

total

amount of the fees paid or estimated to be paid. The Disclosing Party is riot required to disclose


Diisclosing

Party's

regular'payrbll.

"Lobbyist" means any person or entity"who undertakes to influence any legislative or administrative

action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2)

himself. "Lobbyisf'-also means any person or entity any part of whose duties as an employee of

another includes undertaking to influence any

legislative

or

adininistrative

action.

I f

the

Disclosing

Party is uncertain whether a disclosure is required under this Section, the

Disclosing Party must cither ask the City whether disclosure is required or make the disclosure.

Page 3 of :3





to be retained)

Relationship

to Disclosing Party

(subcontractor, attomey,

lobbyist,

etc.)


paid or estimated.) NOTE:

"hourly

rate" or "t.b.d." is


(Add sheets i f

necessary)

[x] Check here i f the Disclosing Party has not retained, nor expects to retain, any such persoris or entities.

S E C T I O N

V -


A .

COURT-ORDERED

C H I L D

SUPPORT

COMPLIANCE

Under Municipal

Code Section 2-92-415, substantial owners of

business

entities that contract

w i t h

the

C i ty

must remain in compliance

wi th

their

child

support

obligations

throughout the contract's term.

Has any person who

directly

or indirectly owns 10% or more of the Disclosirig PaEy beS^ ir i

arrearage on any child support obligations by any I l l inois court of competerit jurisdiction?

[ ] Y e s

^ ] No [ ] No person dhectly or

indirectly

owns 10% or more o f the

DisclosingParty.

I f

"Yes," has the person entered

into


f o r

payment of

a l l

support owed and

is the person in compliance wi th that

agreement?

[ ] Y e s [ ] N o ,

B .

FURTHER

CERTIFICATIONS

1. Pursuant to Municipal Code Chapter 1 -23, Artic le I ("Article r')(which the

Applicant

should

consult f o r defined terms (e.g., "doing business") and legal requirements), i f l h e Disclosing Party

submitting this EDS is the

Applicant

and is doing business w i t h the City, then the Disclosirig Party

certifies

as follows:

( i)

neither the

Applicant

nor any controlling perspn is currently

indicted

or charged

w i t h ,

pr has admitted gu i l t o f , or has ever been convicted of, or placed under supervision f o r , any

criminal offense involving acmal, attempted, or conspiracy to commit bribery, theft, firaud, forgery,

perjuty, dishonesty or deceit against an officer or employee o f the City or any sister agency; and ( i i ) the

Applicant

understands and acknowledges that compliance w i t h Arti'cle I is a continuing requirement for

doing business wi th the City . NOTE: I f A r t i c l e I applies to the Applicant, the permanent compliance

timeframe in Ar t ic le I

supersedes

some

five-year

compliance timeframes in certifications 2 and 3 below.

Page 4 of 13



2. The

Disclosirig

Party and, i f the Disclosing Party is a legal entity, all of those persons or entities

identified

in Section

I I . B . l .

of this EDS:

a. are not presently debarred, suspended, proposed fo r debarment, declared

ineligible

or

voluntarily

excluded f r om any transactions by any federal, state or

local

unit of govemment;

b.

have not, wi th in a five-year period preceding the date of

this

EDS, been convicted of a criminal

offense, adjudged guil ty , or had a

c ivi l

judgment rendered against them in connection

w i t h :

obtaining, attempting to obtain, or performing a pubhc (federal,

state

or local) transaction or

contract imder a public transaction; a violation of federal or state antitmst

statutes;

fraud;

embezzlement; theft; forgery; bribery; falsification or destmction of records; makirig false

statements;.or receiving stolen property;

c. are not presently indicted for, or criminally or c iv i l ly charged by, a gpvernmental entity (federal,

state

or local)

wi th

committing any of the offenses set forth" i n

clause

B

.2.b:'of

this Section-V;

d.

have

not,

wi th in


date

o f this EDS, had one or more public

, , transactions (federal, .state or locaO tem

e. have not, wi th in a five-year period precbdiog the date ofthis EDS, be;en convicted, adjudged

-

-.-guilty,-or

found.liable-in

a-ciYil,prp-cee.ding,

_or_in any,criminal or

c i y i l

action,

including

actions

conceming environmental violations, instihited by the C i ^ or by the federal

gbverriiheht,

any

state, or any other unit of

local

govemment.

• . ; { ; ' ' • • . • • • • • . • > • - '

3. The certifications in subparts 3, 4 and 5 concern:

' ' th.e Disclpsing Party; ,,

•

any "Contractor" (meaning any contractor or subcontractor used by

the'Disclosing

Party

in'-

•

connection wi th the Matter,

including

but not hmited to all persons or legal entities disclosed under

Section

I V ,

"Disclosure of Subcontractors and Other Retained Parties");

• any

" A f f i l i a t ed Entity"

(meaning a person or entity that, directly or

indirectly:

contiols the

Disclosing Party, is controlled by the Disclosing Party, or is, w i t h the Disclosing Party, under

common

contiol of another person or

entity.

Indicia of

control

include, without liniiratibn:

interlocking

management or ownership; identity of interests among f a m i ly members, shzured

facilities

and equipment;-common use of employees; or orgariizatiori'of a business entity'folio

wing

the

inel igibi l i ty

o f a business entity to dp business with federal or

state

or

local

government,

including-

the C i ty , using substantially the

same

management, ownership, or principals as the irieligible entity);

with

respect

to Contractors, the

ter ir i Aff i l ia ted

Entity

means

a person or entity

tiiat

directly

or

indirectly Controls the Contractor, is controlled by i t, or, wi th the Contiactor^ is under common- - -

contiol of another person or entity;

•

any responsible o f f i c i a l of the Disclosing Party, any Contractor or any A f f i l i a t e d Entity or any

other

o f f i c i a l , agent

or employee of the Disclosing Party, any Coritractor or any A f f i l i a t ed Entity,

acting

pursuant to the direction or authorization of a responsible o f f i c i a l of the Disclosing Party, any

Contractor or any Affihated Entity

(collectively

"Agents").

Page 5 of 13



Neitiier the Disclosmg Party, nor any Contiactor, nor any Affihated Entity of either the Disclosing Party

,or

any Contractor nor any Agents have, during.the,five years before the date this EDS is signed, or, wi th

respect to a Contractor, an

Affihated

Entity, or an A f f i l i a t ed Entity of a Contractor durmg the

f i v e years

before the date of such Contiactor's or A f f i l i a t ed Entity's contract or

engagement

in connection w i t h the

Matter:

a. bribed or atteriipted to bribe, or been convicted or adjudged ,guilty of bribery or attempting to

bribe,

a pubhc

officer

or employee of the City, the State of I l l ino i s , or any agency ofthe federal

govemment or of any state or local govemment in the United

States


or employee's o f f i c i a l capacity;

b.

agreed or colluded wi th 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 restiaint of freedom of competition by agreement to bid a f i x e d price or

otheirwise;

or .

c.

made

an admission of such conduct described in a. or b. above that is a matter of record, but

have

not

been

prosecuted

for

such conduct; or . ^

d.

violated the provisions of Municipal Code Section 2-92-610 ( L i v i n g Wage Ordinance).

4. Neither the Disclosing Party,_Affiliated

Entity

or Contractor, or any of their employees,

officials,

agents or partners, is barred f r o m contracting w i t h any unit of state or

local

government as a result of

engaging in or being convicted o f (l)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

o f

America

that contains the same elements as,the offense of

bid:rigging

or bid-rotating.

5. Neither the Disclosing Party nor any A f f i l i a t ed Entity is listed on any of the

f o l l o w i n g

lists

mamtained by the Office o f

Foreign

Assets

Control

of

fhe

U.S. Department of the Treasury or the

Bureau of

Industry

and Security of the U.S. Department of Commerce or their

successors:

the Specially

Designated Nationals L is t , the Denied

Persons

L is t , the Unverified L is t , the Entity L i s t and the

Debarred L is t . -

6. The Disclosing Party

understands

arid shall comply w i t h the applicable requirements of Chapters

2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Govemmental Ethics) of the

Municipal Code. ,

7.

I f

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

Page 6 of 13



I f

the letters "NA," the word "None," or no response appears on the lines above, it w i l l be conclusively



reasonable

inquiry, the

f o l lo w i n g

is a

complete list of

a ll

current employees ofthe

Disclosing

Party who were, at any time during the 12-

month period precedirijg the execution date of this EDS, ari employee, or elected or appointed

o f f i c i a l ,

o f the City of Chicago (if riorie, ndicate wi th "N/ A" or "nOne").

9. To the best of the D'isclosing Party's kriowled^ge after

reasonable

inquiry,, the

folloAving

is a

completd

hst of a ll gifts that the' Disclosirig Party has given or caused to^be,'gi\^~atan^^^^

12-month period preceding the execution date ofthis EDS, to an employee, or elected or appointed

o f f i c i a j ,

pf the City of Chicago. For purposes ofthis statement, a

" g i f t "

does not include;

( i)

anything

made

generally available to

C i ty

emplbyees or to the general pubhc, or

( i i ) - food

,pr

drink

pro ^ ^ ^

in the

course

of o f f i c i a l City business and having a

retail

Value

o f

less than $20.per recipient ( i f none, indicate

w i t h "N/ A" or "none"). As to any g i f t hsted below, please also

list

the name ofthe C i ty recipient.

C. CERTIFICATION 01'STATU^^^

1. The Disclbsirig Party

certifies

that the Disclosing'Party (check:on ^ r . .

[ ] i s [:)^isnot

a "financial iristitutiori" as defined in Section 2-32-455(b) of

the.-Municipal

Code.

2 . I f

the Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"We

are not and

w i l l

not become a predatory lender as'defined in Chapter 2r-32 ofthe

Municipal

Code. We

further

pledge that none of our affiliates is, and none.of them

w i l l

become, a predatory .

lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatoty

lender or becoming an affiliate of a predatoty lender may result in the loss of the privilege of doing

business

wi th

the

City ."

I f the Disclosing Party is unable to make this pledge

because

it or any of its

affiliates

(as

defined

in

Section 2-32-455(b) ofthe Municipal Code) is a predatory lender

w i t h i n

the meaning of Chapter

2-32 of the Municipal Code, explain here (attach additional pages i f necessary):

Page 7 of 13



I f


word

"None," or no

response

appears on the lines above, it w i l l be

conclusively

presumed that the

Disclosing

Party

certified

to the above statements.

D.

CERTIFICATION

REGARDING

INTEREST

IN

C I T Y

BUSINESS

An y

words or terms that are defined in Chapter 2-156 of the Municipal Code have the same

meanings when used

in

this Part D.

1. In accordance

w i t h

Section 2^156-^110 of fhe Municipal Code: Does any

o f f i c i a l

or employee

ofthe

C i ty have a'financial intereist in his or her o wn name or in the name of any pther.person or

entity in the Matter? '

[ ] Y e s ^]No

NOTE: I f y o u checked "Yes" to Item D . l . , proceed to Items D.2. and D.3. I f y o u checked "No" to


2. Unless sold.pursuant to a

process

of

conapetitive

bidding, or otherwise permitted, no C i ty

elected o f f i c i a l or employee shall have a financial interest i n his or her own naine or i n the name of

any other person or

entity

i n the purchase of any

property

that ( i) belongs to the

C i ty ,

or ( i i ) is sold

fo r

taxes

or

assessments,

or ( i i i ) is sold by

virtue

of legal

process

at the suit of the

C i ty

(collectively,

"City

Property Sale"). Compensation f o r

property

taken pursuant to the

City's

emirient-domain power

does not constitute a financial interest wi th in the meaning of

this

Part D.

Does the Matter involve a

C i ty

Property Sale?

[ ] Y e s • [] N o'

3. I f you checked "Yes" to Item D . L , provide the names and business addresses of the C i ty

officials or employees having such interest and identify the nature of such interest:


4. The

Disclosing

Party further certifies that no

prohibited

financial interest in the Matter wi l l

be acquired by any City

o f f i c i a l

or employee.

E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS

Please

check either 1. or 2. below. I f the Disclosing Party checks 2., the Disclosing Party must


Page

8 of 13



comply

wi th

these disclosure requirements may make any contract entered into

wi th

the City in

connection

w i t h

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 slavety

or

slaveholder insurance policies-during

the

slavety.era (including insurance policies

issued

to

slaveholders that provided coverage

for

damage

to or

injury

or

death of their slaves),

and

the Disclosmg Party has found

no

such records.

y ..

2. The

Disclosing

Party

verifies


conducting

the search in

step

1 above, the

Disclbsirig Pairty has

found

records

bf-investments

or

profits f r o m

slavety or slaveholder, insurance

pohcie's. Thb Disclbsirig'Party verififes that the

foUowingiconstitutes.full

disclosure of

a ll

such

records, including the names of any and a ll slaves or slaveholders described in those Tecords:,

SECTION

VI--CERTIFICATIONS

NOTE: K'the;M,atter4s federaUy funde|ii,,complete this.Sectiori

V I .

l i f t f i e Matter is

ribt

federally

fundedi proceed.to Section

V I I .

For.purposes of this Section

V I ,

fax credits aliocated by thb C i ty '

' and

proceeds

of debt

obligations

p f the C i ty are not fedeial fo ' ^

A . CERTIFICATION

REGARDING L O B B Y I N G

1.

Lis t

below

the

names

of al l

persons

or entities registered under the federal

Lobbying

Disclosure

Act of 1995 who have rriade lobbying contacts on behalf of the

Disclosing

Party

w i t h

respect to the. Matter: (Add

sheets

i f necessary):

( i f

no explanation appears or begins br i the hries above, of i f the

letters"''NA"

or i f the

word

"None"

appear,

it w i l l be

conclusively

presumed that the

Disclosing

Party

means

that N O

persons

or entities


Disclosing

Party

w i t h

respect to the

Matter.)

2. The

Disclosing

Party has not spent and w i l l not expend any

federally

appropriated

funds

to pay

any person or entity listed in Paragraph A . l . above fo r 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 of a

member of Congress, in connection w i t h the award of any

federally funded


federally

funded


amend, or modify any federally

funded


Page 9 of 13



3. The Disclosing Party w i l l 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

f o r th in paragraphs A . l . and A.2. above.


certifies

that either: (i) it is not an organization described in section

501(c)(4)

of the Interiial Revenue Code of

1986;'

or (i i ) it is an organization described in section

501(c)(4)

of the

Internal

Revenue Code of 1986 but has not engaged and w i l l not

engage

in "Lohbying

Activities".

5. I f the Disclosirig Party is the

Applicant,

the

Disclosing

Party must obtain certifications equal in .

f o r m

and

substance

to paragraphs A . l . through A.4 . above

f r o m

all subcontiactors before it awards any

subcontract and the Disclosuig Party must maintain all such subcontractors' certifications

f o r

the

duratiori ofthe Matter and riiust make such certifications promptly available tp the C i ty upon request.

B .

CERTIFICATION

REGARDING

E Q U A L

EMPLOYMENT

OPPORTUNITY

I f the Matter is federally funded, federal regulations require the Applicant and a l l proposed

subcontractors to submit the f o l l o w i n g information w i t h their bids or in w r i t i n g at the outset o f

negotiations.

' • Is the Disclosirig party the Applicant?

[JYes • ' [] 'N o

I f

"Yes,"

answer the three questions below:

1.

Have you developed and do you have on

file affirmative

action programs pursuant.to applicable

federal regulations? (See 41 CFR Part 60-2.)

[ ] Y e s

[ ] N o

2. Have you filed

w i t h

the Joint

Reporting

Committee, the

Director

ofthe

Office

o f Federal

Contract Compliance

Programs, or the Equal

Employment Opportunity

Commission a ll reports due

under the applicable

filing

requirements?

[ ] Y e s [ ] N o

3. Have you participated in any previous contracts or subcontiacts subject to the

equal

opportunity clause?

[ ] Y e s , [ ] N o

I f

you checked "No" to question 1. or 2. above, please provide an explanation:

Page 10 of 13



S E C T I O N V I I

~

A C K N O W L E D G M E N T S , C O N T R A C T

I N C O R P O R A T I O N ,

C O M P L I A N C E ,

P E N A L T I E S ,

D I S C L O S U R E


understands

and agrees that:

A . The certifications, disclosures, and'acknowledgments contained in this EDS w i l l become part pf,any

cbntiact or other agreement b'etweeri the Applicant and'the City in connection w i t h the Matter, whether

procurement. City assistance, or other City action, and are material inducements to the City's execution

o f any contiact or taking other action with

respect

to the

Matter.


understands

that

i t

mu$t coiriply wi th

aU

katutes, brdiri'arices; and regulatioris on which this EDS is based. ;

B . The City's

GbverrimeritahEthics'

arid-Cariipaign Financing Ordinances; Chapters 2-156, arid^2-l64;jpf

the

Mur i ic ipa l

Code', impbSe 'certain duties'

arid

obligations on persons or entities, seeking. City contiacts,

work, business,


f u l l


line

at www.cityofchicago.org/Ethics, and may also be obtained f r o m the City's Board of Ethics, 740 N .

Sedgwick St., Suite 500, Chicago, I L 60610, (312) 744-9660. The Disclosing Party must comply fu l ly

w i t h the applicable ordinances.'


information

provided in this EDS is false, incomplete or inaccurjate,

any contract or other agreement in connection with which i t is submitted may be rescinded or be

v o i d

or

voidable,

and the City may pursue any remedies under the contract or agreement ( i f not rescinded or

v o i d ) , 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 transactions w i t h the C i ty . Remediesiat

law

for

a false statement o f material fact may include incarceration and an award to the

C i ty

bf tieble

damages. - r - - f '

D .

I t is the City's policy tO'iriakc'this documerit available to the public on its.Intemet site apd/or upon

request. Some or all of the information provided on this EDS and emy attachments tp this EDS;inay be

made

available to the public on the Intemet, in response to a Freedom of

Information

A c t

request,

or


rights

or claims which it may have against the City in connection wi th the public.release of information

coiitairied ir i this EDS arid also authorizes the City to v e r i f y the accuracy pf any

information

subinitted

in

tills

EDS.

E.

The

information

provided in this EDS must be kept current In the event of changes, the Disclosing

Party must

suppleriierit

this EDS up to the time the

City

takes

action on the.Matter.

I f

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: W i th

respect

to Matters subject to Artic le I of




offenses), the information provided herein regarding el igibi l i ty must be kept current for a longer period,

as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.


Page 11 of 13



F . l .

The

Disclosing

Party is not delinquent

i n

the payment of any tax administered by the

I l l inois

Department of Revenue,

rior

are the Disclosing Party or its A f f i l i a t ed Entities delinquent in paying any

fine, fee, tax or other charge owed to the City . This includes, but is not l imited to, all water

charges,

sewer

charges,

license

fees,

parking tickets, property taxes or sales taxes.

F.2 I f the Disclosing Party.is the

Applicant,

the Disclosing Party and its Affihated Entities w i l l not

use, nor permit their subcontractors to use, any

f ac i l i ty

hsted by the U.S, E,P>A. on the federal Excluded

Parties Lis t System ("EPLS") maintained by the U.S. General Services Administration.

F.3 I f the Disclbsirig Party is the

Appiicaht,

the Disclosing Party w i l l obtain frprti, any

contractors/subcontiactors hired or to be hired in connection wi th the Matter

certifications

equal

i n .

i ,

f o r m and substance to

tbpse

in

F. 1.

and F.2. above and

w i l l

not,

without

the

prior

written Consent of the

City , .use any such contractpr/subcontractor that does not provide such certifications or that the

Disclosing Party has reason to believe has not provided or cannot provide

tmthful

certificatioris.

NOTE:

I f

the Disclosing Party cannpt certify, as tp any of the items i n F . L , F.2. or F.3. above, ian

explanatory statement must be attached to this EDS. ,

CERTIFICATION

Urider penalty of pe r j i i ty , the persori

sigriing below:

(1) warrants that he/she is authorized to execute

this EDS

arid

Appendix'A

( i f

applicable) on behalf of the Disclosing Party, and (2) warrants that alL

certifications and

statements,

contained in this EDS and Appendix A

( i f

applicable) are tme, accuratp

and complete as of the date fiifnished to the C i ty . ' • . i

The Harlem

I r v i n g

Companies, I nc.

(Print or

(Sign here)

e of Disclbsing Party)

^

y r . ^ ^ ^ y ^

Lawrence A Gerlach

(Print or type

name o f

person signing)

V i c e Presi dent

(Print or type title of person signing)

Signed

and

swom

to

before

mc on

(date)

j I

"^Q^

at QG|ok County, I l l i n o i s (state).

Commission expires:

^

^ 1^^. j^2/0\

^

Notary Public.

"OFFICIAL

SEAL"

B R I D G E T E TORRES

Notary Public, Stale of Illinois

My Commission Expires 3/24/2018

Page 12 of 13



C I T Y

OF CHICAGO

ECONOMIC

DISCLOSUIUE

STATEMENT A N D A F F I D A V I T

APPENDIX

A

F A M I L I A L

RELATldNSHiPS

W I T H

ELECTED

C I T Y

OFFICIALS

AN D

DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Apphcant, and (b) any legal entity which has a direct

ownership interest in-the'Applicant exceedmgi7J5:percent.; I t is not to be.completed-.by any legal entity

which

has only an indirect ownership

interest

in the.AppUcant

UnderMunicipal C.od .-5ectipn2^154-pi5,.the Disclosing .Party m^

or any "Applicable; Paity 'pranyiSpou^ ^ or Domestic PailnCT

a "f ricdhal

relatibnship'*

with

any

elected

city

o f f i c i a l

or

department

liead. A "famihal

relationship''exists

if,'as o f the date this EDS-is " •'''

signed,

the Disclosing

Party

or any "Apphcable, Pjarty" or any Spouse or Domestic Partner thereof is related to

the mayor any alderman, the city clerii:^ 'the city treasiirer br'ariy city dejpartriiehthe'ad as-spOuSe or

domestic

•

partner

or

as

any ofthe


by blood or adoptibri:

parent;

childj'brbther

br'sister, aunt-or

uncle,-

luece

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., v •

>;

. ;

"Applicable Party"'means'('I)

a ll

executive officers o f the ©isclpsing

Peaty

listed in Section n.B.l.a., i f the

Disclosing

Party

is

a (ibrporatiori; aU

partniersiOf the DisdqsiogjParty,

i f

the E|isclpsing

Party

is

a general,

paitriereMp; ah

general

partriers.arid Iirnited;p a limited

partnership; aU managers, managing members

and

members,

ofthe Disclosing

Patty,' i f

the Disclpsihg'Party'is'a

limited habihty

company;

(2)

a ll principal

officers o f the Disclosing

Party;

aiid (3) any

person

havirig'hibre than

a 7.5 percent ownership

interest

in the Disclosing Party. "Principal officers", means the

president,

chief

operating

officer,

executive

director,

chief

financial

officer,

treasurer

or secreitMy

o f

a

legalentity

br-ahy persbn

exerciskig similar

authority

; . ' '

Does

the Disclosing

Party

or any "Apphcable

Party"- Or

any Spouse or Domestic

Partaerthereof

currently-

have

a

" fam il ial

relationship"

with

an

elected city o f f i c i a l

or

department

head?

[

] Yes [x]No

Ifyes,

please

identify

below (1) the

name

and title o f

such person,

(2) the nairie o f the legal

eritity

f b which

such person

is

connected;

(3) the

name

and titie o f the

elected

city o f f i c i a l or

department head

to whom

such

person

has a

famil ial

relationship, and (4) the precise nature of

such f ami l i a l

relationship.

Page 13 of 13



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


I t

is not to be

completed

by any legal entity which

has

only ari indirect

ownership interest

in

the Applicant.

1.

Pursuant

to Municipal

Code

Section

2-154-010, is

the Applicant or any

Owner

identified as a

building code scofflaw or problem landlord pursuant to Section 2-92-416 of the Municipal

Code? , .

[ ]Yes [X]No

2. I f 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 pursuarit

to

Section

2-92-416 of the Municipal Code?

[ ]Yes [ ]No

[ x ]

Not Applicable

3.

I f

yes to (1) or (2) above, please identify below the

name

of the person or legal entity

identified

as a building code

scofflaw or

problem

landlord and the

address o f

the building or


pertinent

code

violations

apply.

FILLING OUT THIS APPENDIX

B

CONSTITUTES ACKNOWLEDGMENT

AND AGREEMENT TH AT THIS APPENDIX B IS INCORPORATED BY

REFERENCE INTO,

AND

MADE A PART OF, THE ASSOCIATED EDS,

AND THAT THE REPRESENTATIONS MADE

IN

THIS APPENDIX B ARE

SUBJECT

TO THE CERTIFICATION MADE UNDER PENALTY

OF

PERJURY




Section I I . B. 1 List

full

names

and

title of

all

officers

and

directors of entity:

Officers:

Michael A.

Marchese

Richard

D;

Filler

Fred Murray

'

Gregoty

E. Fix

Lawrence A.

Gerlach

Zelka Gasich

Stanley Bouzoukis

Jim Elliman

Vince Forgione

Title:

Chairmaniarid Chief Executive .Officer

President

and Chief Operating Officer

Executive Vice

President

of Leasing

,

Vice President, General Counsel and Secretaty

Vjce President, Chief Firiaricial Offic'er and Treasurer

Vice

President,

Controller and Assistant

Secretary

Vice

President

of Property

Management

Vice

President

arid

General Manager

Vice

President

of

Finance

Directors:

Midhael A. Marthese

Richard D. Filler .

-Gregoty

E. Fix

Lawrence A.

Gerlach

Title:

Chairman

and

Chief Executive Officer

;

President and

Chief Operating Officer

Vice

President, General Counsel and Secretaty

Vice

President,

Chief Financial Officer and

Treasurer



(DO NOT SUBMIT THIS

PAGE

W I T H

YOUR

EDS.

The puiposc ofthis

page

is

for you

to

recertify your EDS prior to submission to City

Council

or on the date o f closing. I f unable to

recertify tmthfii l ly, the Disclosing Party must complete a new EDS

with

correct or corrected

information)


Generally,

for use

with

City Council matters. Not for City procurements unless requested.

Application

to

rezone property located al 4400-4458 & 4401-4415

This recertification is being submitted in connection withN- Clarendon Ave and for ax incfement financing

[identify the Matter]. Under penalty o f

peijmy,

the person signing below:

(1)

varrants that

he/she is authorized to execute

tiiis

EDS recertification

ori

behalf ofthe Disclosing Party, (2)

warrants that all certifications and statements contauied i n the Disclosing Party's original EDS

are tme, accurate and complete as p f the date furnished to the City and continue to be tme,

accurate

and complete as o f the date o f this recertification, and

(3) reaffirms

its

acknowledgments.

Montrose Clarendon Partners LLC

Date:

1-7''(^

(Print or type legal name o f Disclosing Party)

(sign here)

Print

or type

name

o f

signatoty:

Lawrence A. Gerlach

Title of signatoty:

Vice President

Signed and swom to before me on [date] _ ,by

L A W / i m t ^ ^ 79/^7./r?^^, at f n o V ^ County, / / /

[state].

Commission expires:

Notaty

Public.

Vt-r.

n-Ol-O-S



C I T Y OF C H I C A G O

E C O N O M I C

D I S C L O S U R E

S T A T E M E N T


S E C T I O N

I -- G E N E R A L


A .

Legal

name


Montrose Clarendon

Partners LLC

Check O N E of the following three boxes:

Indicate whetherithe Disclbsirig Party subniittirig this EDS is: '

1. [X] the ApplicanL' ^ . , - • . -, > , ;

OR "• . ' , ' ' • • .

' ' ' l

: ' ^

2. [ ] a legal entity holding a director indirect interest in,the Appiicaht. State the legalname of the

Applicant

in

which

the Disclosing Party holds an interest: '_ "

OR

3. [ ] a legal entity

w i t h

a

right

of control (see Section

I I . B . l . )

State the legal

name

of the entity in

which

the Disclosing Party holds a

right

of

control:

' "•" '

B .

Business

address

of the Disclosing Party: 4104 N. Hariem Avenue

Norr idge,

IL 60706


D . Name of contact person: Lawrence A. Gerlach .

E.

Federal Employer

Identification

No.

( i f you have

one):

F. B r i e f

description of contract, transaction or other undertaking (referred to below as the "Matter") to

which this EDS pertains. (Include project number and location of property,

i f

applicable):

Application to rezone property located at 4400-4458 & 4401-4415 N. Clarendon Ave arid for tax increrhent financing

G. Which C i l y agency

or department is requesting this EDS? Department of Planning and Development

Ifthc

Matter is a contract being handled by the City's Department of Procurement Services,

please

complete the

f o l l o w i n g :

Specification

# and Contract #

Vtr. 01-01-12 Page

1

of 13



S E C T I O N

II ~

D I S C L O S U R E

OF

O W N E R S H I P I N T E R E S T S

A .

NATURE



Person [ ]

L im i t e d

l i ab i l i ty company

Publicly registered

business

corporation [ ]

L im i t e d

l i ab i l i ty partnership

Privately held

business


Sole proprietorship [ ]

Not-for-profit

corporation

General partnership (Is the not-for-profit corporation also a 501(c)(3))?

L im i te d partnership [ ] Yes [ ] No

Trust

[ ] Other (please specify)

2.

For legal entities, the state (or foreign country) Of incorporation br

or'gariizationj

i f applicable:

3. For legal entities not organized in the State o f l l l i n o i s : Has the organization registered to do

business in the State

o f l l l i n o i s

as a

foreign

entity?

[ ] Yes ' • [ ] N o ' [ ] N / A -

B . IF THE DISCLOSING PARTY IS A L E G A L E N T I T Y :

1. L i s t below the

f u l l

names and titles of

a ll

executive officers and all directors of the entity.

NOTE: For not-for-profit corporations, also

lis t

below all members, i f any, which are legal entities. I f

there are no such merribers, write "no members." For trusts, estates or other similar entities,

l is t

below


I f l h e

entity is a general partnership,

l imi ted

partnership,

l imi ted

l i ab i l i ty

company,

l imi ted

l i ab i l i ty

partnership or

j o i n t

venture, lis t below the name and

title

of each general partner, managing member,

manager or any other person or entity that controls the day-to-day rnariagement o f the Disclosing Party.

NOTE: Each legal entity

listed

below must submit an EDS on its own behalf.

Name Tit le


f o l l o w i n g

information concerning each person or entity having a direct or

indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples

o f such an interest include shares in a corporation, partnership interest in a partnership or j o i n t venture.

Page

2 of 13



interest of a member or manager in a

l imited

l iabi l i ty

company, or interest of a beneficiary of a trust,

estate

or other

similar entity.

I f none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe

Municipal Code of Chicago ("Municipal Code"), the C i ty may require any such additional information


Name Business Address

Percentage

Interest in the

Disclosing

Party - '-- ' . ,

S E C T I O N . I I I ~

BUSINESS.RELATIONSHIPS

W I T H C I ^ .

Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal

Code, with any C i ty elected o f f i c i a l in the 12 months before the date this EDS is signed?

[ ] Yes [ ] N o

I f

yes, please identify below the name(s) of such

C i ty

elected

official(s)

and describe such

relationship(s):

S E C T I O N

IV

D I S C L O S U R E

OF

S U B C O N T R A C T O

AND


The Disclosing Party must disclose the name,and business address of each subcontractor, attorney,

lobbyist, accountant, consultant and any other person or

entily'whom

the Disclosirig Party has retairied

or expects to retain in connection, w i t h the Matter, as w e l l as the,nature ofthe relationship, arid the

total

amount of the fees paid or estimated to be paid, The Disciosing Party is not required to disclose

employees who are paid solely through the Disclosing Party's regular payroll.

"Lobbyist"

means any person or entity who undertakes to influence any legislative or administrative

action on behalf of any persori or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2)

himself.

"Lobbyist"

also means any person or entity any part of whose duties as an employee of

another includes undertaking to influence any legislative or administrative action.

I f l h e

Disclosing Party is uncertain whether a disclosure is required under this Section, the

Disclosing


C i ty


Paae 3 of 13





to

be retained)

Relationship

to Disclosing

Party


(subcontractor, attorney, paid or estimated.)

N O T E :

lobbyist,

etc.)

"hourly


not

an acceptable response.

( A d d sheets

i f necessary)

[ ]

Check

here if the Disclosing

Party

has not retained, nor expects to retain, any such persons or entities

S E C T I O N

V -

G i E R T l F I C A T I O N S

A . COURT-ORDERED C H I L D SUPPORT

COMPLIANCE

Under Municipal Code Section 2-92-415, substantial owners of business entities that contract

w i t h

the C i ty must remain in compliance

wi th

their

ch i ld

support obligations throughout the contract's term.

Has ariy person who directly or indirectly owns 10% or more of the Disclosing Party been declared in

arrearage on any

ch i ld

support obligations by any I l l ino i s court of competent jurisdiction?

[]Yes

[ ] No [ ] No person

directly

or

indirectly

owns 10% or more of the

Disclosing Party.

I f

"Yes,"

has the person entered into a court-approved agreement for payment of a ll support owed and

is the person in compliance

w i t h

that

agreement?

[ ] Ycs [ ] N o

B .

FURTHER CERTIFICATIONS

1.

Pursuant tb Municipal Code Chapter 1-23, Ar t ic le

1 ("Article I")(which

the

Applicant

should

consult

for defined terms (e.g., "doing business") and legal requiremerits), i f the Disclosing Party

submitting

this EDS is the Applicant and is doing

business

w i t h the

C i ty ,

then the Disclosing Party

certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged

w i t h ,

or has admitted

gu i l t

of, or has ever been convicted of, or placed under supervision for, any

criminal offense

involving


perjury, dishonesty or deceit against an officer or employee ofthe C i ty or any sister agency; and ( i i ) the

Applicant


wi th

A r t i c l e I is a continuing requirement for

doing business

w i t h

the C i ty . NOTE: I f Ar t ic le I applies to the .Applicant, the permanent compliance

timeframe

in

Ar t ic le

I

supersedes

some five-year compliance timeframes in certifications 2 and 3 below

Page 4 of 13



2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities


I I . B . l .

of this EDS:

a. are not presently debaried,

suspended,

proposed for debarment, declared ineligible or voluntarily

excluded f r o m any transactions by any federal, state or local unit of government;

b. have

not,

w i t h i n

a five-year period preceding the date ofth is EDS,

been


offense, adjudged

guil ty ,

or had a

c i v i l

judgment rendered against them in connection

w i t h :

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 anlitrust statutes; fraud;

embezzlement; theft; forgery; bribery; falsification or destruction of records; making false

. statements; or receiving, stolen property; ,. , -T i; • .,, . .

c. are not presently indicted for, or criminally or c iv i l l y charged by, .a.governmentaKentity ,(federal,

state or local)

w i t h committing

any of the offenses set f o r t h in

clause

B.2.b. of this Section V;

d.

have

not,

w i t h i n

a five-year period preceding the date of this EDS, had one or more public

transactions

.(federal,

state

or local) terminated for

cause

or default; and

e.

have

not,

w i t h i n

a five-year period preceding the date o fthi s EDS,

been

convicted, adjudged

guilty;,or found

liable;

in a

c i v i l

prpceeding,, pr in .any

criniinal

or civil.actio.n,

including

actions ,

concerning envirpnmental violations, .instituted by, the C i t y pr by the federal government, any

state,

or any other unit of local government.

3. The certifications in

subparts

3, 4 and 5 concern;;

,? the Disclo.sing Party; . . ,. ; .., . ^

•

any "Contractor" (meaning any contractor or subcontractor.used byjthe. Disclosing Party in

•

connection

w i t h

the Matter, including but not

l imited

to all persons or legal entities disclosed under

Section I V , "Disclosure of Subcontractors and Other Retained Parties");

• any " A f f i l i a t e d Entity" (meaning a person or entity that, directly or indirectiy: controls the

Disclosing Party, is controlled by the Disclosing Party, or is,

w i t h

the Disclosing Party, under

common control of another person or entity.

Indicia

of control include,

without

l imi ta t ion :

interlocking

management or ownership; identity of interests among

f a m i l y

members, shared

facilities

and.equipment; .common,use.of emplo,y.e.es;..or,.organizatip.n.of

a.business.entity,jFpllowjng

the

ine l ig ib i l i ty of a business entity to do business,with federal or state or.local government,, including

the C i ty , using substantially the same rrianagement, ownership, or principals as the ineligible entity);

w i t h respect


Affiliated.Entity

means

a.p.erson

or entity that directly or

indirectiy

controls the Contractor, is controlled by it, or, w i t h the Contractor, is under common

control of another person or entity;

• any responsible

o f f i c i a l

of the Disclosing Party, any Contractor or any A f f i l i a t e d Entity or any

other


or employee ofthe Disclosing Party, any Contractor or any A f f i l i a t e d Entity,

acting pursuant to the direction or authorization of a responsible

o f f i c i a l

oft he Disclosing Party, any

Contractor or any

A f f i l i a t e d Entity (collectively

"Agents").

Page 5 of 13



Neither

ihc Disclosing Party, nor any Contractor, nor any A f f i l i a t e d Entity of either the Disclosing Party

or

any Contractor nor any Agents have, during the

f i v e years

before the

date

this EDS is signed, or,

wi th

respect to a Contractor, an A f f i l i a t e d Entity, or an A f f i l i a t e d Entity of a Contractor during the f i v e years

before the date of such Contractor's or A f f i l i a t e d Entity's contract or engagement in connection w i t h the

Matter:

a. bribed or attempted to bribe, or been convicted or adjudged gu i l ty of bribery or attempting to

bribe,

a public

officer

or employee of the

C i ty ,

the

State

o f l l l i n o i s ,

or any agency ofthe federal

government or ofany state or local government in the United

States

of

America,

in that

officer's

or

employee's

o f f i c i a l

capacity;

b. agreed or colluded wi th other bidders or prospective bidders, or been a party to any such

agreement, or been convicted or adjudged gu i l ty of agreement or

collusion

among bidders or

prospective bidders, in restraint of

freedom

of competition by agreement to bid a

f i x e d

price or

otherwise;

or

c. made an admission of such conduct described in a. or b. above that is a matter of record, but

have not been prosecuted for such conduct; or

d.

violated the provisions of Municipal Code Section 2-92-610 ( L i v i n g Wage Ordinance).

4. Neither the Disclosing Party, A f f i l ia t e d Entity or Contractor, or any of their employees,

officials,

agents or partners, is barred f r o m contracting w i t h any unit of state or local government as a result of


violation of 720 ILCS 5/33E-4; or (3) any

similar

offense of any state or ofthe United

States

of

America

lhat contains the

same

elements as the offense of bid-rigging or

bid-rotating.

5. Neither the Disclosing Party nor any

A f f i l ia t e d

Entity

is

listed

on any of the

f o l l o w i n g

lists

maintained

by the Office of Foreign Assets

Control

of the U.S. Department of the Treasury or the

Bureau

of

Industry

and Security of the

U.S .

Department of Commerce or their successors: the Specially

Designated Nationals L is t , the Denied

Persons

L i s t , the Unverified L is t , the Entity L i s t and the

Debarred Lis t .

6. The Disclosing Party understands and shall comply w i t h the applicable requirements of Chapters

2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe

Municipal Code.

7.

I f

the Disclosing Party is unable to certify to any of the above

statements

in this Part B (Further

Certifications),


Page

6 of 13



I f the letters

"NA, "

the word"None," or no

response

appears on the lines above, it

w i l l

be conclusively

presumed that the Disclosing Party

certified

to the above

statements.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the f o l l o w i n g is a

complete

l isl

of a ll current employees of the Disclosing Party who were, at any time during the 12-

month period preceding the execution dale of this EDS, an employee, or elected or appointed

o f f i c i a l ,

o f the

C i ty

of Chicago ( i f none, indicate

wi th

" N / A " or "none").

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the f o l l o w i n g is a

complete list of

a ll

gifts that the Disclosing Party has given or caused to be given, at any time during the


o f f i c i a l ,

of the C i ty of Chicago. For purposes of this statement, a

" g i f t "

does

not include: (i) anything

made generally available to C i ty employees or to the general public, or ( i i ) food or drink provided in the

course

of

o f f i c i a l

C i ty

business

and having a

retail

value of

less

than $20 per recipient ( i f none, indicate

w i t h " N / A " or "none"). As to any g i f t listed below, please also

list

the name of the C i ty recipient.

C. CERTIFICATION

OF STATUS AS F I N A N C I A L ' I N S T I T U T I O N

1. The Disclosing Party certifies that the Disclosing Party (check one)

[ ] is [ ] is not

a

"financial institution"

as defined in Section 2-32-455(b) of the

Municipal

Code.

2.

I f l h e Disclosing Party IS a

financial institution,

then the Disclosing Party pledges:

"W e are not and w i l l nOt become a predatory lender as defined in Chapter 2-32 of the Municipal

Code. We further pledge that none of our affiliates is , and none of them

w i l l

become, a predatory

lender as defined in Chapter 2-32 of the Municipal Code. We understand lhat becoming a predatory

lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing

business w i l h the C i ty . "

I f the Disclosing Party is unable to make this pledge because it orany of its affiliates (as defined in


w i t h i n

the meaning of Chapicr

2-32 of the Municipal Cbde, explain here (attach additional pages if necessary):

Page 7 of 13



I f l h e letters "NA," the word "None," or no response appears on the lines above, it w i l l be

conclusively

presumed that the

Disclosing

Party

certified

to'the above statements.

D. CERTIFICATION REGARDING

INTEREST

IN C I T Y BUSINESS

An y words or terms that are defined in Chapter 2-156 of the

Municipal

Code have the same


1. In accordance w i l h Section 2-156-110 ofthe

Municipal

Code: Does any o f f i c i a l or employee

o f the C i ty have a financial interest in his or her own name or in the name ofany other person or

entity

in the Matter?

[ ] Yes [ ] No

NOTE: I f y o u checked "Yes" to Item

D . L ,

proceed to Items D.2. and D.3.

I f you

checked "No" to


2. Unless sold pursuant to a process of competitive, bidding, or otherwise permitted, no C i ty

elected

o f f i c i a l

or employee shall have a financial interest in his or her own riame or in the name of

any otherperson or entityin the purchase ofany property that

( i )

belongs to the C i ty , or

( i i )

is sold

fo r taxes or

assessments,

or ( i i i ) is sold by

virtue

of legal

process

at the suit oft he

C i ty

(collectively,

"Ci ty

Property Sale"). Compensation for property taken pursuant to the

City's

eminent domain power

does not constitute a financial interest w i t h i n the meaning of

this

Part D.

Does the Matter involve a C i ty Property Sale?

[ ] Y e s . [ ] N o

3. I f you checked "Yes" to Item D . L , provide the names and business addresses ofthe C i ty



4. The Disclosing Parly further certifies that no

prohibited

financial interest in the Matter wi l l

be acquired by any C i ty

o f f i c i a l

or employee.

E.

CERTIFICATION

REGARDING

SLAVERY

ERA BUSINESS

Please

check either 1. or 2. below. Ifthc Disclosing Party checks 2., the Disclosing Party musl

disclose below or in an attachment lo this EDS all information required by paragraph 2. Failure to

Page 8 of 13



comply

wi th

these disclosure requirements may make any conlract entered into

w i t h

the C i ty in

connection

wi th

the Matter voidable by the City .

I . 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

f r o m slavery or slaveholder insurance policies during the slavery .era,(including insurance policies,

issued to slaveholders that provided coverage for damage to or in ju ry or death of their slaves), and

the

Disclosing

Party has

found

no such records.,

2.

The

Disclosing

Party

verifies


conducting

the search in

step

1 above, the

Disclosing Party has

found

records of investments or

profits fromsslavery

or slaveholder insurance

policies. The Disclosing Party

verifies,

that the f o l l o w i n g constitutes

f u l l

disclo.sure of a.ll,such

records, including the names of any and all slaves or slaveholders described in those records,:

S E C T I O N

y i ~

C E R T I F I C A T I O N S F O R F E D E R A L L Y F U N D E D

M A T T E R S

NOTE:

I f the Matt er is federally

funded,

cbmplefe this^ectiOn

V I .

I f the Mat ter is not federaUy

funded,

proceed to Section. V l l . For purposes of

this

Section V I , tax credits allocated by the City

an d proceeds of debt obligations of the C i ty are

i lo t

federal fundihg.

A .

CERTIFICATION REGARDING L O B B Y I N G

1. L i s t below the names of a ll persons or entities registered under the federal Lobbying

Disclosure Act of 1.995 who have made

lobbying

contacts on behalf ofthe

Disclosing

Party

w i t h

respect to the Matter: (Add sheets i f necessary):

( I f no explanation appears or begins on the lines above, or

i f

the letters

" N A "

or

i f l h e

word "None"

appear, it w i l l be conclusively presumed that the Disclosing Party means that NO persons or entities

registered under the Lobbying Disclosure A c l of 1995 have made lobbying contacts on behalf of the

Disclosing Party

w i t h

respect to the Matier.)


w i l l


any person or entity listed in Paragraph A . l . above for his or her lobbying activities or lo pay any

person or entity to influence or attempt lo influence an officer or employee of any agency, as defined by

applicable

federal law, a member of Congress, an

officer


a


w i l h

Ihc award ofany

federally

funded contract, making any

federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew,


Page

9 of 13




w i l l

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

f o r th

in paragraphs A . l . and A.2 . above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in section

501(c)(4)

ofthe Internal Revenue Code of 1986; or

(i i )

it is an organization described in section

501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and w i l l not

engage

in

"Lobbying

Activities".

5.

I f

the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in

f o r m

and

substance

to paragraphs A . l . through A.4. above

f r o m

all subcontraclors before it awards any

subcontract and the

Disclo.sing

Party must

maintain

all such subcontractors' certifications for the

duration of the Matter and must make such certifications

promptly

available to the

C i ty

upon request.

B . CERTIFICATION REGARDING E Q U A L EMPLOYMENT

OPPORTUNITY

I f

the Matter is

federally funded,

federal regulations require the Applicant and all proposed

subcontractors to submit the f o l l o w i n g information w i t h their bids or in w r i t in g at the outset of

negotiations. , •

Is the

Disclosing

Party the Applicant?

[ ] Yes , , [ ] N o

i

I f "Yes," answer the three questions below:

1. Have you developed and do you have on file affirmative action programs pursuant to applicable,

federal


[ ] Yes [ ] No

2. Have you

fi led with

the Joint Reporting Committee, the Director ofthe Office of Federal

Conlract Compliance Programs, or the Equal Employment Opportunity Commission all reports due

under the applicable

f i l i ng

requirements?

[ ] Yes [ ] No


equal

opportunity clause?

[ ] Yes [ ] No

I f y o u checked "No" lo question 1. or 2. above, please provide an explanation:

Page

10 of 13



SECTION V I I

-

ACKNOWLEDGMENTS,

CONTRACT

INCORPORATION,

COMPLIANCE, PENALTIES,

DISCL OSURE


understands

and agrees that:

A . The certifications, disclosures, and acknowledgments contained-in this

ED S - w i l l

become part of any

contract or OtheV

agreement

between the Applicant arid the

City

in connection

w i t h

the Matter, whether

procurement. C i ty assistance, or other City action, and are material inducements to the City's execution

o f any contract or taking other action

w i t h respect


understands

that

i t

must comply

w i t h

all

statutes,

ordinances, and regulations on

which

this EDS is based.

B .

The City's Governmenlal Ethics and Campaign Financing Ordinances,

Chapters

2-156 and 2-164 of

the

M u r i i c i p a l

Code, impose certain dufies and obligations on persons or entities seeking

C i ty

contracts,

work, business,


f u l l

text of

these

ordinances and a training program is available on

line at www.cityofchicago.org/Ethics, and may also be obtained f r o m the City's Board of Ethics, 740 N .

•' ' ' • • '•• • -t • • . • , •• .

Sedgwick St., Suite 500, Chicago, I L 60610, (312) 744-9660. The Disclosing Party must comply

f u l l y

w i t h

the applicable Ordinances.

C. I f the C i ty determines that any information provided in this EDS is false, incomplete or inaccurate,

any contract or other agreement in connection

w i t h

which it is submitted may be rescinded or be

v o i d

or

voidable, and the C i ty may

pursue

any remedies under the contract or

agreement

( i f not rescinded or •

v o i d ) , 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 transactions

w i t h

the C i ty .

Remedies

at

law for a false

statement

of material fact may include incarceration and an award to the

C i ty

of treble

damages.

• •

D :

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 on this EDS arid any

attachments

tb thisEDS-may be

made

available to the public on the Internet, in

response

to a Freedom of

Information

Act

request,

or


rights or claims

which

it may

have

against the

C i ty

in conriection-with the public

release

of

information

contained in this EDS and also authorizes

tlie

C i ty to v e r i f y the accuracy of any informaltion submitted

in this EDS.

E.

The information provided ir i this EDS must be kept current. In the event of changes, the Disclosing

Party must supplement this EDS up to the time the C i ty takes action on the Matter. I f the Matter is a

contract being handled by the City's Department of Procurement Services, the Disclosing Party musl

update

this EDS as the contract requires. NOTE: W i t h

respect

to Matters subject to Ar t ic le I of

Chapter 1-23 ofthe Municipal Code (imposing



offenses), the

information


el igibi l i ty


as required by Chapter

1

-23 and Section

2-1

54-020 of the

Municipal

Code.


Page 11 of 13



F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the I l l inois

Department of Revenue, nor are the Disclosing Patty or its A f f i l i a t e d Entities delinquent in paying any

fine, fee, tax or other charge Owed to the City . This includes, but is not l imited to, all water charges,

sewer charges, license fees, parking tickets, property

taxes

or

sales

taxes.

F.2 I f the Disclpsing Party is the Applicant, the Disclosing Party and its

A f f i l i a t e d



subcontiactors

to use, any

fac i l i ty

listed by the U.S. E.P.A. on the federal Excluded

Parties

L is t System ("EPLS") maintained by the

U .

S. General Services Administration.

F.3 I f the Disclosing Party is the

Applicarit,

the Disclosing Party w i l l obtain

f r o m

any

contractors/subcontractors hired or to be hired ir i connection w i t h the Matter certifications equal in

f o r m and substarice to

those

in

F . l .

and F.2, above and

w i l l

not, without the prior written

consent

of the

City , use any

such

.contractor/subcontractor that

does

not provide

such

certifications or that the

Disclosing Party has

reason

to

beheve

has not provided or

cannot

provide

truthful

certifications.

NOTE: I f the Disclosing Party

cannot

certify as to any ofthe items in

F . L ,

F.2. or F.3. abovie, an

explanatory statement must be

attached

to this EDS.

CERTIFICATION

Urider penalty o f perjuty, the

person

signing below: (1)

vârrants

that

he/she

is authorized to execute

this EDS and Appendix A ( i f applicable) on behalf ofthe Disclosing Party, and (2) warrants that all

certifications and statemehts contained in this EDS

and"

Appendix A

( i f

applicable) are true,

accurate

and complete as of the date fumishisd to the C i ty . '

Montrose ClareiKôn

Partners

LLC

B y:

The Harlem

I r v i n g

Companies,

inc . , I t s

manager

(Print or typ^jâpae of Disclosing Party)

^

(Sign here)

Lawrence A. Gerlach

(Print or type

name o f person

signing)

Vice President

(Print

or type

title

of person signing)

Signed and swom to before me on (date)

at County, I l l i n o i s (state).

^

^ \

^ ÔFFICIAL

SEAL"

M K T Notaty Public. I BRIDGET E TORRES

^ ^ ^ S 7^ ^ Notary Public, State

Of

lllinois

My Commission

Exp it5s^3{24/.

Commission expires: ^ j ' 2 ^ ^ j ' 2 ^ ( ^

Page

12 of 13



CITYOFCHICAGO

ECONOMIC DISCLOSURE STATEMENT

A ND A F F I D A V I T

APPENDIX

A

F A M I L I A L

RELATIONSHIPS W T T H ELECTED CTTY OFFICIALS

AND

DEPARTMENT HEADS


ownership

interest

in the Apphcant exceeding

7.5.perc.ent.;

I tis not to be cpmpleted byjany legal entity

which has only'.ah indirect ownership; interest

in ,

the

A ^

, , , . ,

Under

Municipal Code

Section 2-:154-0i5, the Disclosing F'arty

nmst

disclose

whether

sucH'biscibsir^ Paity

or any "Applicable

Party"

or any

Spouse

or Domestic

Partner

fherebf

cWeritly

has a

" fai i i ihai

relatibriship'' with

any elected city ofiQcial or

department

head A "famihal relatioiiship" exists' if,' as

o f

the date thitf EDS^

is '

'

signed, ,the Disclosing Party or any "Apphcable Party" or any Spouse or Domestic Partner thereof is related to

the mayorj any alderman, the city cleric, the aty heasirier'or ariy di depai merit

head'as

sjSbu domes'tie

partner or as any

o f

the ,following, whether by blood or a'dbptibrir'

parent,' child, "brother

or

sister auntrdr

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;y , •. -•• ?

"Applicable Party" means-(i)aU executive

ofScers o f

the Disclosing Party hsted in Section H^

Disclosirig

Partyds

a corporation;

a ll

partners,

of

the'Disclpsing Piarty,' i f the Disclosirig P rtyis agen^^

partnership; alii

general

.parinisrs

and; hmited

partners .o f

the Dis,clpsing

JRarty

i f the

Disclosirig

Party

is

a

limited

partnership;

all managers,

managing members

and

membere o f

the, Disclosing

Party, i f

the

Disclbsirig Party is

a

limited hability company;

(2)

a ll principal officers o f

the Elisclosing

Party;

arid'(3) any ipersorihavirigi^^

a 7.5 percent ownership uiterest

in

the Disclosing Party, "ftincipd.officers'' meari ^ the presideht, chief

operating officer,

executive


ofiBcer,

treasurer

or

secretary

o f

a legal

eritity

br.any person

exercising similar authority. ' ' ^- ' ' '

^

-

Does

the Disclosing

Party

or any "Applicable

Party"'

or any

Spouse

or Domestic

Partaer

thereof currently

have a " fam i li a l relationship"

with

an elected city

o f f ic ia l

or department

head?

;

[ ] Yes [X] No

Ifyes,

please identify

below (1) the name and titie

o f

such person, (2) the name ofthe legal entity to which

such person is connected; (3) the name and title

of

the elected city

o f f i c i a l

or department head to whom such

person has a famil ial relationship, and (4) the

precise nature

of such famil ial relationship.

Page

13 of 13



••

C I T Y OF CHICAGO

ECONOMIC DISCLOSURE STATEMENT A N D A F F I D A V I T

APPENDIX B

B U I L D I N G CODE SCOFFLAW/PROBLEM

L A N D L O R D

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


I t

is not to be

completed

by any legal entity which has only an indirect ownership interest in

the Applicant.

1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a

building code scofflaw or problem landlord pursuant to

Section

2-92-416 of the Municipal

Code?

[ ]Yes [X]No

2. I f the Applicant is a legal entity publicly traded on any exchange, is any officer or director of

the Applicant identified as a building

code

scoffiaw or problem landlord

pursuant

to Section

2-92-416

ofthe

Municipal Code?

[ ]Yes [ [ x ] Not Applicable

3. I f yes to (1) or (2)

above,

please identify below the name o f the

person

or legal entity

identified as a building code scolflaw or problem landlord and the

address o f

the building or


pertinent

code

violations apply.

F I L L I N G

OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT

AND AGREEMENT T H A T TIHS APPENDDC B IS INCORPORATED BY

REFERENCE I N T O , AND M A D E A PART OF, THE ASSOCIATED EDS,

AND

T H A T

THE REPRESENTATIONS M A D E I N THIS APPENDIX B ARE

SUBJECT

TO THE CERTIFICATION M A D E UNDER PENALTY OF

PERJURY

ON PAGE 12 OF THE ASSOCIATED EDS. ,



C I T Y

OF CHICAGO

ECONOMIC

DISCLOSURE STATEMENT


SECTION I - GENERAL


A . Legal

name

of the Disclosing

Party

submitting this EDS. Include

d/b/a/

i f applicable:

Missionary Sisters pf the Sacred Heart, an lllinols not-for-pfofit corporation

Check ONE of the

f o l l o w i n g

three

boxes:

Indicate

whether

the Disclosing

Party

submitting this EDS is:

1 . \ ^

-t- he"A"pplica nt~ -The Disclosing Party is a co-Applicant with Montrose Clarendon Partners LLC with respect to ttie rezoning application

Q

and,

with respect to the application fbr tax increment

financing,

is the owner of tlie subject property

2. [

] a

legal entity holding

a

direct or indirect

interest

in the Applicant.

State

the legal

name

of the

Applicant in which the Disclosing

Party holds

an

interest:

OR .

3. [ ] a legal entity wi th a right of control (see Section I I . B . L ) State the

legalname

of the entity in

which the Disclosing

Party holds

a right of control:

B . Business address

of the Disclosing

Party: 434 west Demng Place

' '

Chicago,

IL 60614

C.

Telephone: 773-683-7302

^ax:

773-525-0514 g j ^ a i l :

•D . Nariie of contact person: Sr. Joan McGlinchey, M.S.C.

E. Federal.Employer Identification No. ( i f

you,have

one):

F.

Br ie f

description of

contract, transaction

or

other

undertaking (referred to below as the "Matter") to

which

this EDS

pertains.

(Include project

number

and location of property, i f applicable):

Application to rezone property located al 4400-4458 & 4401-4415 N, Clarendon Ave and for tax increment financing

G. Which Chy

agency

or

department

is

requesting

this

EDS? Pa""ing and

Development '

I f the Matter is a contract being handled by the City's Department of

Procurement Services,

please

complete

the

f o l l o w i n g :

Specification and Contract

Ver.

01-01-12

Page

1

of 13



S E C T I O N I I - D I S C L O S U R E OF O W N E R S H I P I N T E R E S T S

A . NATURE

OF THE

DISCLOSING

PARTY

1.

Indicate the nature of the Disclosing Party:

Person

[ ]

Limited

l iabil i ty

corripany

Publicly

registered business corporation [ ] Limited

l iabil i ty

partnership

Privately

held

business

corporation [ ] Joirit venture

Sole proprietorship [^Not - f o r - p r o f i t corporation

General partnership (Is the

not-for-profit

corporation

also

a 501(c)(3))?

Limited partnership \yfYes [ ] No

Trust [ ] Other (please'sjDecify)

2. For legal,entities, the state'(or

foreign

country) of

iricpfporatipri'ororgariizatiori; i f

applicable:

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 eritity?

-y -

^

[

] Yes [ ] No [ ] N/A

B .

IE THE

DISCLOSING

PARTY IS A


1.

Lis t below the

f u l l names

and titles of

a ll

executive

pfficers

and all directors of the entity.

NOTE:

For

not-for-profit

corporations,

also

list

below all

members,

i f

any, which are legal entities. I f

there

are no such members, write "no members." For trusts,

.estates

or other.,similar entities,

list

below

the legal titleholder(s). •; • ; •'

I f


l imited

partnership,

limited

l iabil i ty

company,

limited

l iabil i ty

partnership or j o i n t venture,

list

below the

name

and titie bf

each

gerieral partrier, tn'ariagirig member,

manager.or

any other person pr entity that controls the day-to-day

management

ofthe Disclosing Party.

NOTE:

Each legal,entity.listed below must subniit an EDS on its own behalf.

Name _.. Title

see Attachment 1

2.

Please provide the

f o l l o w i n g

information concerning

each


indirect


excess

of 7.5% of the Disclosing Party. Examples

o f such an interest include shares in a corporation, partnership interest in a partnership or j o in t venture,

Page

2 of 13



interest of a member or manager in a

limited l iabil i ty

company, or interest of a beneficiary of a trust,

estate or other

similar

entity.

I f

none, state "None." NOTE: Pursuant to Section 2-154-030 ofthe

Municipal Code of Chicago ("Municipal Code"), the City may require any such additional

information

f r om any applicant which is reasonably intended to achieve

fu l l

disclosure.

Name Business Address Percentage Interest in the

Disclosing

Party

S E C T I O N

I I I ~ B U S I N E S S R E L A T I O N S H I P S W I T H C I T Y

E L E C T E D

O F F I C I A L S

Has the Disclosing Party had a "business relationshipj" as defined in Chapter 2-156 ofthe Municipal

Code,

wi th

any

City

elected

o f f i c i a l


date

this EDS is signed?

[]Yes [\^h

O; , . , _

Ifyes, please

identify

below the name(s) of such

City

elected official(s) and describe such

relationship(s):

S E C T I O N IV

-

D I S C L O S U R E O F

S U B C O N T R A C T O R S AND


The Disclosing Party must disclose the name and business address of each subcontractor, attorney,

lobbyist, accountant, consultant and any other person or entity

whom

the Disclosing Party has retained

or

expects to retain in connection

wi th

the Matter, as wel l as the nature of the relationship, and the total

amount of

the

fees paid or estimated to be paid. The Disclosing Party is npt required to disclose

employees who are paid solely through the Disclosing Party's regular payroll.

"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative

action on behalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2)

himself "Lobbyist" also means any person or entity any part of whose duties as an employee of


I f

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

of 13





to be retained)



lobbyist, etc.)

Fees (indicate whether '•

paid

or estimated.)

NOTE:

"houriy

rate" or

"t;b.d."

is

not an acceptable response.

( A d d .

sheets

i f necessary)

-a^ch

i f Check

here i f

the Disclosing Party has not retained, nor

expects

to retain, any such persons or entities.

SECTION V - CERTIFICATiONS ' ' .• -> ^

A . COUiiT-bRDERED C H I L D

SUPPORT

COMPLIANCE

Under Municipal Code Section 2-92-415, substantial owners of business entities that contract

wi th

the City must remain in compliance

wi th

their

child

support obligations throughout the contract's

fer fn .

Has any person who directly br indirectly bwris 10% or more ofthe Disclosirig Party been declared; in

arrearage on any

child

support obligations by any Illinois court of competent jurisdiction?

[

] Yes [ ] No [/]'f4o'person directly or

indirectly

owns 10% or more ofthe

Disclosing

Party.

I f

"Yes,"

has the person entered into a court-approved agreement fiar payment of a l f support 0Wed and'

is-the.person in

compliance.with

that

agreement?

• .

[JYes

, [ ] N o

B . FURTHER CERTIFICATIONS

1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article r')(which the Applicant should

consult for defined .terms (e.g., "doing

business")

and legal requirements);

i f

the Disclosing Party^ -

submitting this EDS is the

Applicant

and is doing business

wi th

the

Ci ty ,

theri the Disclosirig Party

certifies as follows: (i) neither the Apphcant'nor any controllirig person is

cui-rentiy

indicted or charged

wi th ,

or has admitted

gui l t

of, or has ever

been

convicted of or placed under supervision

for,

any

criminal offense

involving


perjury, dishonesty or deceit against an officer or employee o f the City or any sister agency; and (ii) the

Applicant understands

and acknowledges that compliance

wi th

Artic le I is a continuing requirisment for

doing business

wi th

the

City .

NOTE:

I f

Artic le I applies to the

Applicant,

the permanent compliance

timeframe

in Artic le I

supersedes


Page 4 of 13



2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities


I I . B . l .

of thisEDS:

a. are not presently debarred, suspended, proposed for debarment, declared

ineligible

or

voluntarily

excluded f rom any transactions by any federal, state or local unit of government;

b. have not, wi th in a five-year period preceding the date of this EDS, been conyicted of a criminal

offense, adjudged guilty, or had a c ivi l judgment rendered against them in connection wi th :

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;


c. are not presently indicted

for ,

or criminally or

civiHy

charged by, a governmental entity (federal,

state or local) with committing any of the offenses set f or th in clause B.2.b. of this Section V;

d.

have

not,

wi th in


date

of th is EDS, had one or more public

transactions (federal, state or local) terminated for cause or default; and

e. have not, wi th in a five-year period preceding the date ofthis EDS, been conyicted, adjudged

guilty, or found liable in a c ivi l proceeding, or in any criminal or c iv i l action,

including

actions

conceming environmental violations; instituted by the City or by the federal government, any

state, or any other

unit

of

local

government.

3. The certifications in

subparts

3, 4 and 5.concem:

• the Disclosing Party;

•

any "Contractor" (meaningany contractor or subcontractor used

by

.the Disclosing Party in

connection

wi th

the Matter,

including

but not limited to all persons or legal entities disclosed under

Section IV , "Disclosure of Subcontractors and Other Retained Parties");

• any " A f f i l i a t ed 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, unde r

common

control of another person or

entity.

Indicia of

control

include, without l imita t ion:

interlocking

management or ownership; identity of interests among f a m i ly members, shared facihties

and equipment; common use of employees; or organization of a business entity f o l l owin g 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 A f f i l i a t ed

Entity means

a person or entity that directiy or

indirectiy

controls the Contractor, is

conlrolled

by

it ,

or,

wi th

the Contractor, is under common

control

of another person or entity;

• any responsible o f f i c i a l of the Disclosing Party, any Contractor or any A f f i l ia t e d Entity or any

other


or employee of the Disclosing Party, any Contractor or any A f f i l i a t ed Entity,

acting pursuant to the direction or authorization of a responsible o f f i c i a l ofthe Disclosing Party, any

Contractor or any

A f f i l i a t ed Entity (collectively

"Agents").

Paee5

of 13



Neither the Disclosing Party, nor any Contractor, nor any Af f i l i a ted Entity of either the Disclosing Party

or any Contractor nor any Agents have, during the f ive years before the date this EDS is signed, or, with

respect

to a Contractor, an A f f i l i a t ed Entity, or an

Affihated

Entity of a Contractor during the

f i v e years

before tlie date of such Contractor's or A f f i l ia t ed Entity's contract or engagement in connection wi th the

Matter:

a. bribed Or attempted to bribe, or

been

convicted or adjudged-guilty of bribery or attempting to

bribe,

a public

officer

or employee of the City, the State of I l l inois , or any agency of the federal

government or ofany state or local'government in the

United States


or

employee's o f f i c i a l capacity;

b. agreed

or

colluded with other bidders

or

prospective bidders,

or

been

a

party

to

anysuch

agreement,

or

been convicted

or

adjudged guilty

of

agreement

or

collusion among bidders

or

prospective bidders, iri restraint

of

freedom

of

competition

by

agreeinent

to bid a

fixed price

or

otherwise;

or y

c.

made

ari admission of such conduct described in a. or b. above that is a matter of record, but

have not been prosecuted for such conduct; or •

d. violated the provisions of Municipal'Code Sectiori 2-92-610 (Living'Wage Ordinance): , , .

4.

Neither the

'Disclosing

Party,

A f f i l i a t ed Entity

or Contractor, Or any of their employees, officials,

agents or partners, is barred f r o m contracting with any unit o f state or local government as a result of


violation of 720 ILCS 5/33E-4; or (3) any similar offense Of any state or ofthe United

States

of

America that contains the same elements as the offense of

bid-rigging

or bid-rotating.

5. Neither the Disclosing Party'nor any

Affiliated'Entity

is

listed

ou'any of the

f o l l o w i n g

lists

mairitairied

hy the O f f i c e ' o f Fbreigri'Assets Control

Of

the'U.S. Department of the Treasury orthe "

Bureau of Industry and Security of the U.S. Department of Commerce or their

successors:

the'Specially

Designated Nationals

Lis t ,

the Denied Persoris

List,

the Unverified

Lis t ,

the.Entity

Lis t

and the

Debarred List; ' ' ' '

6. " The Disclosing Party

understands

and shall comply with the applicable requirements of Chapters

2-55 (Legislative inspector Gerieral),'2-56 (Inspector General) and'2-156 (Governmental Ethics) of die

Municipal Code.

7. I f l h e Disclosing Party is unable to certify to any of the above statements in this Part B (Further

Certifications),


Page 6 of 13



I f the letters

"NA,"

the

word

"None," or no

response appears

on the lines above, it

w i l l

be conclusively



reasonable

inquiry, the

f o l l o w i n g

is a

complete

list

of

a ll

current employees ofthe Disclosing Party who were, at any time during the 12-

month

period preceding the execution

date

of this EDS, an employee, or elected or appointed

o f f i c i a l ,

ofthe City of Chicago

( i f

none, indicate

wi th

"N/ A"

or "none").

NONE

9. To the best ofthe Disclosing Party's kriowledge after reasonable inquity, the f o l l o w i n g is a

complete

list

of

a ll gifts

that the Disclosing Party has given or

caused

to be given, at any time during the


o f f i c i a l ,

ofthe City of Chicago. Fpr

purposes

of

this

statement, a

" g i f t "

does not include: (i) anything

made

generally available to City employees or to the general public, or

(i i ) food

or

dririk

provided in the

course of

o f f i c i a l

City business and having a retail value of less than $20 per recipient ( i f none, indicate

wi th

"N/ A" or "none"). As to any g i f t listed below, please also

list

the name ofthe City recipient.

NONE

. - :

C.

CERTIFICATION

OF STATUS AS F I N A N C I A L

I N S T I T U T I O N

1.

The Disclosing Party certifies that the Disclosing Party (check one)

[ j i s [^'Is^not

a "financial institution" as defined in Section 2-32-455(b) ofthe Municipal Code.

2. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"We

are not and

wi l l

not become a predatory lender as defined in Chapter 2-32 ofthe Municipal

Code. We further pledge that none of our affiliates is, and none of them w i l l become, a predatory

lender as defined in Chapter 2-32 ofthe Municipal Code. We understand that becoming a predatory

lender or becoming an affiliate of a predatory lender may result in the loss ofthe

privilege

of doing

business

wi th

the City."

I f

the Disclosing Party is unable to make this pledge

because

it or any of its

affiliates

(as defined in


wi th in

the meaning of Chapter

2-32 ofthe Municipal Code, explain here (attach additional pages if necessary):

Page? of 13



I f the letters "NA," the word "None," or no response appears on the lines above, it wi l l be

conclusively


certified

to the above statements.

D.

CERTIFICATION

R E G A R D I N G ' I N T E R E S ' T

IN

CITY

BUSINESS

An y words or terms that are defined in Chapter 2-156 of the Municipal Code have the same


1.

In

accordance with Section 2-156-110 ofthe Municipal Code: Does

any

official

or

employee

ofthe City havea fin.ancial interest

in his or

her,own name

or in the

name

of

any other person

or

entity

in the

Matter?,

, .

[]Yes-: : •

. [ ^ p , .

. —: . ' . , ; ; , V. , •

NOTE:. I f y o u checked "Yes" to Item

D . L ,

proceed to Items p 2. and

D.3.

I f y o u checked

"No"

W

Item

D.

l . ,

proceed to Part E.

2. Unless sold pursuant to a process of competitive iDidding, pr otherwise permitted, no City

elected

o f f i c i a l

or employee shall have a

financial

interest

ir i

his or her

ow n

name or in the name of

any other person or eritity in the purchase of any property that (i) belongs to the C i ty , or (i i ) is sold

for

taxes or assessments, or

(i i i )

is sold by virtue of legal process at the suit of the City

(collectively,

"City Property Sale"). Compensation fo r property taken pursuant to the City's eminent domain power

does

not constitute a

financial

interest wi th in the meaning ofthis PartD.


[ ] Y e s [<No'

3. I f y o u checked "Yes" lo Item D . L , provide the names and

business addresses

ofthe

City

officials or emplo.yees having such

interest,

and identify the nature of such interest:


4. •

The Disclosing Parly further

certifies

that no prohibited

financial

interest in the Matter

wi l l

be acquired by any City

o f f i c i a l

or employee.

E. CERTIFICATION

REGARDING

SLAVERY

ERA BUSINESS

Please check cither ] . or 2. below.

I f

the Disclosing Party checks 2., the Disclosing Parly must

disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to

Page

8 of 13



comply

with

these disclosure requirements may make any contract entered into

wi th

the City in

connection

with the Matter voidable by the

City.

1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of

/ i

the

Disclosing

Party and any and all

predecessor

entities regarding records of investments or

profits

f r om slavery or slaveholder,insurance policies during the slavery era (including insurance policies

issued to slaveholders that

provided

coverage

fo r

damage to or

in ju ty

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 f r o m


policies. The Disclosing Party verifies that the

f o l l o w i n g

constitutes

f u l l

disclosure Of all such


S E C T I O N V I - C E R T I F I C A T I O N S F O R F E D E R A L L Y F U N D E D M A T T E R S

NOTE; I f the Matter is federally

funded,

cornplete this Section V L I f the Matter is not federally

funded,

proceed to Section V I I . For purposes ofthis Section V I , tax credits allocated by the City

and proceeds of debt

obligations

of the City are not federal funding.

A .

CERTIFICATION

REGARDING

L O B B Y I N G

1.

Lis t below

the names of a ll persons or entities registered under the federal Lobbying

Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Party

w i t h

respect to the Matter: (Add

sheets

i f necessary):

( I f no explanation appears or begins on the lines above, or i f l h e letters " NA" or i f the word "None"

appear, it wi l l be conclusively presumed that the Disclosing Party means that N O persons or entities


Disclosing Party

wi th



wi l l


any person or entity

listed

in Paragraph A . l . above for his or her lobbying activities or to pay any

person or

entity

to

influence

or attempt to

influence

an officer or employee ofany agency, as defined by

applicable

federal law, a member of Congress,

aniofficer


a


wi th

the award ofany federally

funded


federally

funded


amend, or

modify

any

federally funded


Page 9 of 13



3. The

Disclosing

Party w i l l submit an updated certification at the end of each calendar quarter in

which

there occurs any event that

niaterially affects

the accuracy of the

statements

and information set

f or th in paragraphs A . l . and A.2. above. ' '

4. The Disclosirig Party certifies that either:

( i ) ' i t

is not an organization described in section

501(c)(4) of the

Internal

Revenue Code of 1986; or (ii) it is an

organizatiori

described in section

501(c)(4)

ofthe Internal Revenue Code of 1986 but has not engaged and w i l l not engage in "Lobbying

Activities".

i

5. I f the Disclbsirig Party is'the

Applicant,

the

Disclosing

Party must obtain certifications equal in

f o r m and substance to paragraphs

A . l .

through

A.4.

above f r om all subcontractors before it awards any

subcontract and the Disclosing Party must mairitain all such subcontractors'

certificatioris

fo r the

duration of the Matter and must make such certifications

promptly

available to the.

City

upon request.

B .

CERTIFICATION

REGARDING E Q U A L

EMPLOYMENT

OPPORTUNITY


funded,

federal ,regulations require the. Applicant and all proposed

subcontractors to submit the f o l l o w i n g information

wi th

their bids or in writirig at the outset of

negotiations:

. ,

Is the Disclosing Party the Applicant? . . , .;

[ ] Y e s [ ] N o

I f "Yes,"

answer the three questions below;

1.

Have"you developed and do yoii have on f i l e affirmative action programs pursuarit to applicable

federal


[ ] Yes [ ] No

2. Have yo.u f i led wi th the Joint

Reporting

Committee, the

Director

of the

Office

o f Federal

Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due

under the applicable filing requirements?

[ ] Yes [ ] N o


equal

opportunity

clause?

[ ] Y e s -- [ ] N o

I f you checked "No" to question L or 2. above, please provide an explanation:

Page

10 of 13



SECTION V I I -

ACKNOWLEDGMENTS, CONTRACT INCOR PORATION,

COMPLIANCE, PENALTIES, DISCLOSURE

The Disclosing Party understands and

agrees

that:

A. The

certifications,

disclosures, and acknowledgrnents contained in this,EDS w i l l become part of any

contract or other.agreement between the AppHcant and the City in connection

wi th

the Matter, whether

procurement. City assistance, or other City action, and are material inducements to the City's execution

ofany contract or taking other action

wi th

respect


understands

that

it

must comply

wi th

all

statutes,

ordinances, and regulations on which this EDS is based.

B .

The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of

the

Municipal

Code, impose certain duties and obligations on persons or entities seeking City contracts,

work,

business,


f u l l


line

at

www.cityofchicago.org/Ethics,

and may also be obtained f r om the City's Board of Ethics, 740 N .

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply

fu l ly

with

the applicable ordinances.

C. If

the City determines that any

information

provided in this EDS is false, incomplete or inaccurate,

any contract

Or

other agreement in connection

wi th

which it is submitted may be rescinded or be vo id or

voidable, and the City may pursue any remedies under the contract or agreement

( i f

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 transactions,

wi th

the City . Remedies at

law for a false statement of

material

fact may include incarceration and an award to the City of treble

damages. • ,

"D.

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 on this EDS and any attachments to this EDS may be

made

available to the public on the Intemet, in response to a Freedom of

Information

Act

request,

or


rights

or claims which it may have against the City in connection

wi th

the pubhc release of information

contained in this EDS and also authorizes the City to verify the accuracy ofany

information

submitted

in

this EDS.

E.

The

information


Party must supplement this EDS up to the time the City

takes

action on the Matter. I f 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 Artic le I of




offenses), the

information


eligibility


as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.


Page n of 13



F . l . The Disclosing Party.is not delinquent in the payment of any tax administered by the I l l inois

Department of Revenue, nor are the Disclosing Party or its Af f i l i a ted Entities delinquent in paying any

fine,

fee, tax or other charge owed to the

City .


limited

to, all water charges,

sewer charges,

license

fees, parking tickets, property taxes or sales taxes.

F.2

I f

the Disclosing Party is the Applicant, the Disclosing Party and its

Affiliated-Entities wil l .not


subcontractors

to use, any fac i l i ty listed by the U.S. E.P;A; on the federal.ExcIuded

Parties List System ("EPLS") maintained by the U. S. General Services Administration. -

F.3

I f

the Disclosing Party is the Applicant, the Diselosing Party win obtain f r o m any

contractors/subcontractors hired or to be hired in connection

wi th

the Matter certifications equal in

f o r m and substance to

those iri

F:l .arid F.2. abovearid

w i l l

riot, without the prior written consent ofthe

City,

iise ariy such'cbritractor/subcoritractor that doe's not provide such certifications or that the; i

Discjosing Party has

reason

to believe has nbt provided or

cannot

provide

truthful

certifications.

NOTE:

I f


cannot

certify as to any of the items in F.L, F.2. or F.3.

aboye,

an

explanatoty statement must be attached to this EDS.

CERTIFICATION

Under penalty of pcrjutyj the

person

signing below: (1) warrants that he/she>is authorized to execute

this EDS and Appendix A ( i f applicable) bri behalf ofthe Disclosing Party, and (2) warrants that all

certifications arid statements coritairied in

tiiis

EDS and Appendix A ( i f applicable) are true,

accurate

and coriiplete as of the date furriished to the City .

Missionary Sisters of the SacredHeart, an IHinois not for

p r o f i t

corporation

(Print or type

name

of Disclosing Party)

(Sign here) ' ' ( f

Sr. Joan McGlinchey MSG

(Print or type name'of penson signing)

Vice-President

(Print or type title ofperson signing)

Signed and sworn to before me on (date) January 6, 2016,

at

Cook

County, I l l i n o i s (state).

. ^ ^ ^ Z ^ f ^ l d ' '

l ^ ^ y j / j I

Notary Public.

OFFICIALSEAL

STEPHEWLRUFFJR

Notary Public, State ot Illinois

My

Commssion Expires Feb. 06,201B

J

<^ommission expires:

F'ebruary 6, 2016

Page

12 of 13



C I T Y OF CHICAGO



APPENDIX A

F A M I L I A L RELATIONSHIPS W I T H ELECTED C I T Y OFFICIALS

AND

DEPARTMENT HEADS


ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity

which

has only an indirect ownership

interest

in the Appiicant.

Under Municipal

Code

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 "famihal relationship" with

any elected city o f f ic ia l or department head. A "familial relationship" exists i f as ofthe

date

this EDS is

signed,

the Disclosing

Party

or any "Applicable

Party"

or any

Spouse

or Domestic

Partner

thereof

is related

tp

the mayor, any

alderman,

the city clerk, fhe city

treasurer

or any city

department

head

as

spouse

or

domestic

partner or as any of the fo l lowing, 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 n.B.l.a., i f the

Disclosing

Party

is a corporation; all

partners

ofthe Disclosing

Party, i f

the Disclosing

Party

is a general

partnership; all general

partaers

and limited

partaers

ofthe Disclosing Party, i f the Disclosing Party is a

limited

partnership; all managers, managing members and members ofthe Disclosing Party, i f the Disclosing Party is a

limited liability company; (2) all principal

officers

of the Disclosing Paity; arid (3) any person havirig rriore .than

a 7.5 percent ownership interest in the Disclosing Party. "Principal officers"

means

the president, chief

operating

officer, executive

director, chief

financial officer, treasurer

br

secretaty o f

a legal

eritity

or any person

exercising similar authority.

Does

the Disclosing Party or any "Applicable Party" or any

Spouse

or Domestic Partaer thereof currently

have a " fam ilial relationship" with an elected city o f f ic ia l or department

head?

[

] Yes [S^^o

I f

yes, please identify below (1) the name and title of

such person,

(2) the name o f the legal entity to which

such person is comiected; (3) the name and titie ofthe elected city

o f f ic ia l

or department head to whom such

person has a familial relationship, and (4) the precise nature of such familial relationship.

Page

13 of 13



A T T A C H M E N T

1

Missionaty Sisters ofthe Sacred Heait, an

Illinois

not for profit corporation.

Section I I . B . 1. ^ •

Members: '

No menibers are legal entities. The

Directors

are the Members.

'Direcifors;'

Sister Barbara Staley;-MSC, Director

Sister Beniadelte

Anello,'MSC,

Director

Sister

Maria

Regina

Cariale,.MSC,

Director .

Sistfer Concepcion

V allecillo,, MSG,

Director :

Officers . , ^ .

.1 i . . " , " , • , , ,. '

. •

- ' i .

Sister

Bafbara

Staley, MSC, President ,;

• Sister Joan,Mc,Ghnchey,

MSG,

Vic,e,Preside ^ ^

Sister Joan McGlinchey,

MSG,

Secretary

Sister Joaquina Costa,

MSG,

Treasurer

Sister Lucia Martins de Amo rim, MSG Assistant Treasurer

Mr,

Stephen L.

Ruff,

Jr. Assistant Secretary



(DO NOT SUBMIT THIS PAGE

WITH

YOUR EDS. Thepurpose of

this

page

is

for

you

to

recertify

your

EDS

prior to submission

to-City CounciLor.

onvthe

date o f closing. I f

unable

to

recertify

truthfiilly,

the Disclbsing Party.must complete a new

E DS

with

conect

or corrected

information)

RECERTIFICATION

Generally,

for

use

with City Council

matters.

Not

for

City

procurements

uriless

requested.

Application

to

rezone

property located at

4400- 458 & 4401-4415

This

recertification is

being submitted

in

connection

wi thN-

Clarendon Ave and

for ax

incretnent financing

[identify the

Matter]. Underperialtyofpeijuty,

the

person signing

bdow;7(l.) warrants that

he/she

is authorized to

execute

this

EDS recertification on behalf o f

the

Disclbsirig

Party, (2)

warrants that

aU

certifications

and

statements

contained

in

the

DisiGlosing: Party's original

EDS

ate tme,

accurate arid coriiplete

as

o f

the

date

fiimished

O

the

City arid.cOntitiue

to be tnie,

accurate

and complete

as of

the

date o f

this

recertification,. and (3) reaffirms its

acknowledgments.

LF

Montrose,

LLC

Date:


name


B \

(sim'here)

Print

or

type

name

o f

signatory:

James

D.,Letchlnger

Tide

of signatoty:

Manager

and Sole

Member

Signed and swom to

before

me On [date]

Commission expires:

Z

/f c/^ ?

_.by

County, •s.i.u' <i\'( [state].

Vcr. 11-01-05

Notaty

Public.

Notary Publ'?-f ' ?'

u

OS

I

' My

commission

EXP

FebruaiY 06,201



C I T Y OF C H I C A G O



S E C T I O N

I - G E N E R A L IN F O R M A T I O N

A . Legal

name

of the Disclosing Party submitting this EDS. Include

d/b/a/

i f applicable:

LF.

Montrose. LLC

• -

Check ONE of the

f o l l o w i n g

three

boxes:

Indicate whether tiie Disclosing Party submitting this ED

1. [ ] theApplicant

OR

• •

. . • .

2.

^ ] a legal entity holding a direct or indirect interest in the

Applicant.

State

the legal

name

ofthe

Applicant in which the Disclosing Party holds an interest: Montrose clarendon

Partners LLC

OR ' .

3. [ ] a legal entity wi th a right of control (see Section I I . B . l ; ) State the legiai

name

ofthe eritity in

which the Disclosing Party holds a right of

control:

. .

B. Business address of the Disclosing Party: 908 N. Halsted St.. ._,

Chicago.

IL 60642

C. Telephone: 312-642-7005 Fax: 312-642-9696 Email: iimtaidlcorp.com

D .

Name'of contact person:

James

Letchinger '

E. Federal Employer

Identification

No. (i f you

have

one): .. , ,

F. B r i e f description of contract, tiansaction or other undertaking (referred to below as the "Matter") to

which

thisEDS pertains. (Include project number and location'of property, i f applicable).:, ,

Application

t o

rezone property located

a t

4400-4458

&

4401-4415

N.

Claredon

Ave and for tax

Incrennent financing

G . "Which City agency or department is requesting this EDS? Department of Planning and Development •

I f

the Matter is a coritract being handled by the City's Department-of Procurement Services,

please

complete the

f o l l o w i n g :

Specification # and Contract #

Ver. 01-01-12 Page 1 of 13



SECTION I I - DISCLOSURE OF OWNERSHIP INTERESTS

A.

NATURE



[

] Person "h

Limited

liability coiupany

[

]

Publicly

registered

business

corporation ( ]

Limited

liabilily

partnership

[ ] Privately held business corporation [ ] Joint venture

[

] Sole proprietorship . , [ ] Not-for-profit coiporation

[ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))?

[ ] Limited

partnership [] Yes [ ] N o

[ ] Trust [ ] Other (please specify)

2.

For legal entities, the

state

(or foreign country)

ofiucofporatiori

or organization,

i f

applicable::


State

of l l l iuois: Has thcorganization registered to do

business

in the

State

of Illinois as a foreign entity?

[]Yes

' • ' " [ ] No [ ] N / A

B . IF THE DISCLOSING PARTY IS A L E G A L E N T IT Y :

1. List below the f u l l names and titles of a ll executive

officers

and all directors ofthe entity,

NOTE: For not-for-profit corporations. also

list

below all

members,

i f any, which are legal entities. I f

there arc no such members, write "no members." For trusts, estates or other similar entities, list below

the legal titlehqlder(s), .

I f the entity is a, general partnership, liniUed partnership, limited liabihty company, limited Hability

partnership or

j o in t

venture, list below the name arid

title

of each general partrier, mariaging member,

manager or any other person orentity that controls the day-to-day management of the Disclosing Party.


Name ,

Titie

2.

Please

provide the fo l lowing information couceruing each person or entity having a dhect or

indirect


exces.s

of 7.5% ofthe Disclosing Party. Examples

o f

such an inlercst include

shares

in a

coi

poration, partnership interest iu a partnership or

j o in t

venture,

Page

2 of 13



intoi'csl

of

a member

or ninnagcr in a

limited liability

company, or interest of

a

beneficiary

of a

trust,

estate or other similar entity.

I f none,

slate

"Noiio." NOTE: Pursuant

to Section

2-154-030

ofthe

Municipal Code

of Chicago

("Municipal

Code"), tlie City may require any

such

additional informatiott

from

any applicant

which

is

reasonably

intended to

achieve full

disclosure,

Name - Biisiness

Address

' Percentage Interest in the

^

Disclosing Party

•

•< - .

.

•:

SECTION H i - -

BUSINESS

RELATIONSHIPvS.WITH

CJTY ELECTED OFFICIALS

Has the Disclosing Party had a "business relationship," as defined in

Chapter

2-156 ofthe

Municipal

Code,

with

any

City

elected

official


date

this EDS is

sighed?

[]Yes

^ N o ' , , , : . ..;

I f

yes,

please identify

below the nanie(s)=of

siic,h City

elected

official(s);and describe such

relationship(s):

SECTION I V ~ DISGLPS.IJRE OF SpBCONTRACTORS

ANB'

OTHER

RETAINED

PARTIES

.Tlie.Disclosing Party

must isclose

the name and busiiiess address of each subcbrihactor,

isitofiieyi

lobbyist,

accoiintant, consiiitant and anyotlicr

person

or

ciitity Vhohi tlie Disciosiii]g"^^

retained

or expects to.

retain in

coniicction.wlth

the.Matter, ,as,

well as.thc nature o f

the

f

eiatibiiship, arid the'

total

amoimt ofthe fee.s paid or estimated to be paid.

Tlic Dlsclosiiig

Party is nofie'4uired-todisclosb

employees

who arc paid solely through the bisclosing

Party's

"regular

piiyi'oil.

JVLobbyist" means

any-pcrson or entity who

undertakes

to influence any legislative or administrative

action on behalf

ofany person

or entity other than: (1) a

nbt-fbr-prbfi't'ehtlty,

bti"ah uiipaid-hasisi or (2)

himself

"Lobbyist"

also means

any

person

or entity any part of

whose duties

as an employee of


Ifthc

Disclosing Party is uncertain whether a disclosure

is

required

under

this Section, the

Disclosing Parly must cither ask the

City

whether disclosure is required or

make tlie

disclosure.

Page 3

of 13





to be retained)



lobbyisf,

etc.)


paid or

estiriiated.)

NOTE:

"hourly


not an acceptable response.

(Add sheets i f

necessary)

^Check here i f the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

S E C T I O N

V -


A. COURT-ORDERED C H I L D SUPPORT COMPLIANCE

Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with

the City must reniain in compliance with their child support obligations throughout the contract's term.

Has any.person \yho directly or indirectly owns 10% br more of the Disclosing Party been declared in

arrearage on any child support

obligations

by any llli i iois court of competent jurisdiction?

[ ] Y e s

"piJ No

[ ] No person directly or indirectly owns 10% or more of the

DisclosingParty.

I f "Ycs," has the person entered into a court-approved agreement fo r payment of a ll support owed and

is

the person in compliance

with

that

agreement?

,•

[

3

Yes " ^ N o

B . FURTHER

CERTIFICATIONS

L Pursuant to Municipal Code Chapter i-23. Article I ("Article r')(which the Applicant should

consult fo r

defined

terms (e.g , "doing business") and legal requirements), i f the Disclosing Party

submitting this EDS is the Applicant and is doing business wi th the City, then the Disclosing Party

certifies

as follows;

( i)

neither the

Applicant

uor any controlling person is currently indicted or charged

wi th , or has

adiiuttcd guilt

o f, or has ever been convicted of, or placed under supervision for , any

criminal

offense

involving

actual, attempted, or conspiracy to

commit bribety, theft, fraud,

forgery,

perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and ( ii) the

Applicant understands and acknowledges that compliance with Article

1

is a continuing requirement for

doing business with the City. NOTE: I f Article

1

applies to the Applicanl, the permanent compliance

timeframe in Article I supersedes

some

five-year coinpliance timeframes iu certifications 2 and 3 below.

Page 4

of 13



2, ; The Disclosing Party and,

i f

the bisclosing Party is a legal entity, all of those persons or entities

identified in Section l l B . l . of this EDS:

a. are not presently debaried, suspended, proposed

for

debarment, declared

ineligible

or

voluntarily

excluded f rom any transactions by any

federal,

state or local unit of government;

b. have

not, within a

five-year

period preceding the date of this EDS,

been


offense, adjudged guilty, or had a c ivi l judgment rendered against them

iu

connection

wi th :

obtaining, atlempting to obtain, or performing a public

(federal,

state or local) transaction or

contract under a public transaction; a violation of federal or

state

antitrust stahites; fraud;

embezzlement; theft; forgery; bribery; falsification or destruction of records; iriakirig falste'"'

statements;


c. are not presently indicted for. or criminally or civilly charged by, a goyernmental enlity (federal,

state

or local) with

conmiitting

any ofthe offenses set for th iu

clause

B.'2.b. bf this'Sectiori V;

d. have not, within a

five-year

period preceding the date of this EDS," had one or more public

transactioris-(federal, state

or

local).teiniinatpd

for

cause.or default; and

e. have not, within a

five-year

period preceding the date of this EDS, been convicted, adjudged'

guilty;.orfpund liableJna ciyil pro.ceeding, or j n any criminal or civil action, including actions

concernirig;environmen(al yiolatlons, instituted by the City oi* by the federal gbvernirienf.'ariy

state, or any other unit of local government.

3. The

certifications

in

subparts

3, 4 and 5 concern;

•

• the^Disclosirig Party;,

,

, . i , .

-

.

• 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 "A ff i l i a ted Entity" (meaning a person or enlity that, directiy or indireotly: controls the

Disclosing Party, is controlled by the Disclosing Party, oris, with tlie Disclosing Party, under

common control of another person or entity.

Indicia

of control include,

without

hmitation;

interlocking mauagemcnt or

ownership;-identity

of interests among f ami ly members, shared facilities

and e i uipment; comnioii use of employees; or.organizatipii of a busiriess eritity.

follbwirig

the

ineligibility of a busiriess entity to dp business with federal or state or local goveriiriieht,

ihcludiri'g

the eity,;using.substautially the same management, ownership, or priricipals as the ineligible ehtity);

with

respect

to Contractors, the term Af f i l i a ted Entity means a person or entity that directly or

indirectiy

contfols the Contractor, is controlled by

i t,

or, with the Contractor, is under common

control o f another person or entity;-

• any responsible

o f f i c i a l

of the

Disclosing

Party, any Contractor or any

Affi l ia ted Entity

or any

other o f f i c i a l , agent or employee of the Disclosing Party, any Contractor Or any Aff i l ia ted 'Enti ty ,

acting

pursuant to the direction or authorization of a responsible o f f i c i a l of the Disclosing Party, any

my

A.ffiliatcd

Entity

(collectively

"Agents").

Page 5 of 13



Neither (he Disclosing Party, nor any Contiactor, uor any Affi l ia ted Entity of either

tiie

Disclosing Party

or

ariy Contractor nor any Agents have, during the five

years

before the date this EDS is signed, or,

wi th

respect

to a Contractor, an Affi l ia ted Entity, or an Af f i l ia ted Entity of a Contractor during the five, years

before the date of such Contractor's or Affi l ia ted Entity's contract or engagement in connection

w i t h

the

Matier:

a. bribed or attempted to bribe, or

been

convicted or adjudged

guilty

of

bribery

or attempting to

bribe, a public officer or employee of the City, the Slate o f l l l i n o i s , or any agency of the federal

government or of any

stale

or

local

government hi the

United States

of America, in that

officer's

or employee's

o f f i c i a l

capacity;

b. agreed or colluded

with

other bidders or prospective bidders, or been a party to any such

agreeriient, or

been

convicted or adjudged guilty of agreement or collusion among bidders or

prospective bidders, in restrairit'of

freedom

of

coinpethion

by agreement to bid a f ixed price or

otherwise; or

c.

made

an admission of such conduct described in a. or b. above that is a matter of record, but

have not been prosecuted

for

such conduct; or

d.

violated the provisions o f Municipal Code Section 2-92-610

(L iv ing

Wage Ordinance).

4. Neither the Disclosing Party, Af f i l i a ted Enlity or Contractor, or any of their employees,

officials,

agents or partners, is barred f rotn contracting

with

any unit of state or

local

government as a result o f

engaging in or being convicted of

(1) bid-rigging

in violation of

720 ILCS 5/33E-r3;,

(2).bid-rotating in

violation of 720 ILCS 5/33E-4; or (3) any

similar

offense ofany state or ofthe United States of

America that contains the same elements as the offense of bid-rigging or bid-rotating. , ,

5. Neither the Disclosing Party nor any

Affi l ia ted

Entity is listed on any of the

fo l lowing

lists

maintained by the Office o f

Foreign

Assets Control of the U.S. Departnient of the Treasury or the

Bureau of

Industry

and Security ofthe U.S. Department o f Commerce or their successors: the Specially

Designated Nationals List, the Denied Persons List, the Unverified List, the Entity Lis t and

tiie

Debarred List.

6. The Disclosing Party understands and shall comply

wi th

Hie applicable requirements of Chapters

2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the

Municipal Code.

7. I f the

Disclosing

Party is unable to

certify

to any of Ihe above statements in this Part B (Further

Certifications),


Page 6 of 13



•1

I f the letters

"NA,"

the

word

"None," or no

response appears

on the lines above, it

wi l l

be conclusively,


certified

to Ihc above

statements,

8. To Ihe best ofthe Disclosing Party's knowledge after

reasonable

inquiry, the

fo l lowing

is a

complete

list

of

a ll

current employees of the Disclosing Party who were, at anytime during the 12-

morith

period preceding'ihe execution

date

ofthis

EDS.an employee, or elected or, appointed,

p f f i c i a l ,

o f

the City

o f

Chicago

(If nonci

indicate

with "N/A"

or "none").

9'. To (he best of the Disclosing Party's knowledge after

reasonable

inquiry, the

fo l lowing

is a

cbmplctc lis t 'bf all'gifts "that the Disclosing-Party lias given

oi"

causeditp.jbe,giyen,' at;auy time during the

12-month period preceding the execution.date of this EDS, to an employee, or elected or appointed

o f f i c i a l , of the City of Chicago, For purposes of

this

statement, a " g i f t " does not include: ( i) anything

made generally available (o'City employees or

to

the general public, or

(ii)

food or drink.proyided in the

course

of

o f f i c i a l

City

business

and having a

retail

value of

less

than $20. per

recipientXif

none, indicate

with

"N/A"

or "none"). As to any

g i f t

listed below,

please

also

list

the

name

of the City recipient.

C, CERTIFICATION

OF STATUS

A S - F IN A N C I A L I N S T I T U T I O N

^

1.

The Disclosing'Parly

certifies

that the Disclo,sing,:Party (check one),,, / ,

[

]is •

^J^l^

not • . . • ,,

a

"finaricial

instltiitiOri''as defined in Sectiori 2-32-455(b) of the Municipal Code,.

2. If

theDisclosing Party IS a financial institution, then the Disclosing Party pledges:

"We

are

iiot

arid

wi l l

not becoine a predatory, lender as defined in Chapter 2-32 of the Municipal

Code. We furlher'pledge that none of our affiliates is, and none of

llieni wi l l

become, a predatory

lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming

a

predatory

lender or becoming an affiliate of

a

predatory lender may result in the loss ofthe privilege

o f

doing

busiriess

wi th

the City." -

I f the Disclosing Party is unable

to.

make this pledge because it or any of

its

affiliates (as defined in

Section 2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter

2-32 of the Municipal Code, explain here (attach additional pages

i f

necessary):

Page

7 of 13



I f


word

"None," or no

response appears

on the lines above, it wi l l be

conclusively presumed that the Disclosirig Party certified to the above sfateinents.

D,

CERTIFICATION

REGARDING

INTEREST

IN

CITY

BUSINESS

Any words or terms that are

defined

in Chapter 2-156 ofthe Municipal Code have the

same


L h) accordancfe wi th Section 2-156-110 ofthe Municipal Cbde: Does any

o f f i c i a l

oremployee

of the

City

have a

fiiiaucialiritcrcst

in his or her own name or in the name of any otherperson pr

entity in the Matter?

[ ]Y6S ^ 0

NOTE: I f y o u checked "Yes" to Item D .L , proceed to Items D.2. and D.3. I f y o u checked "No" to

Item

D . L , proceed lo Part E,

2. Unless sold pursuant to a process o f compeititive bidding, or otherwise

permitted,

no City

elected o f f i c i a l or employee shall have a

fiaaucial

interest in his or her own name or in (he name of

any-otherperson or

entity

in the purchase of any

property

that (i ) belongs to the

City,

or (ii) is sold

for taxes or

assessments,

or (i i i ) is sold by

virtue

of legal process at the suit of the City (cbllectlvely,

"City Property Sale '). Compensation fo r property talcen pursuarit to ihe City's emiricnt'doinaui power

does not constitiite a

financial

interest within the meaning of this Part

D

.' <


[ ] Y e s ^ o .

3. I f you checked "Yes" to Item D .L ,

provide

the

names

and business

addresses

ofthe

City



4. The

Disclosing

Party

further

certifies that no

prohibited

financial

interest in the Matter wil l

be acquired by any

City

o f f i c i a l or employee.

E. CERTIFICATION

REGARDING


Please

check either L or 2 . below. I f the Disclosing Party checks 2., the Disciosing Party must

disclose below or in an attachment to (his EDS all information required by paragraph 2. Failure to

Page 8 of 13



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 a ll records of

the Disclosing Party and any and

al l

predecessor entities regarding records of investments or

profits

from

slavery or slaveholder insurarice

policies during

the slavery era (including insurance policies

issued to slaveholders that

provided

coverage fo r

damage

to or

injury

or death of

their

slaves), and

the Disclosirig Party has found no such.records.,

2. The

Disclosing

Party

verifies


conducting

the search in

step

1 above, the

Disclbsihg^Party bias foundfirecoi'ds;of

investments

or p rofits;fi-pin .slavery.or slayeholder insurance

policies;

Tlie Disclosing PartyiVerifies

(hat the fo l lowing constitutes, f u l l disclosure of al l such

records, including the names ofany and all slaves or slaveholders described in

those

records:

SEGTION,yi - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE:

I f

the^Maftei-

is

federally funded,

complete this Section V I .

I f

tHe M'alfcr is not

federally

funded,

.proceed to Section,yii. Fo ^ purposes of

diis'S'cctibri

V I , tax credits

allbcatediby

thc'Gity •

and

proceeds

of debt

obligations

of the City are not fedeial

furidirig^^^

A. CERTIFICATION

REGARDING

L O B B Y I N G

1.

L is t below the names of

ai l

persons or

enlities

registered under the federal Lobbying

Disclosure Ac t of 1995 w ho have made

lobbying

contacts on behalf of the.

Disclosing

Party

w i t h

respect to the Matter; (Add.

sheets

i f necessary):

(If no explanation appears or begins on the lines above, or if the letters "NA" or i f the

word

"None"

appear,~it

wi l l

be conclusively presumed that the Disclosing Party means that NO persoris or entities


Disclosing Parly with respect to the Matter.)

2, The

Disclosing

Party has not spent and wil l not expend any federally appropriated funds to pay

any person or entity listed in Paragraph

A . L

above

fo r

his or her lobbying activities or to pay any -

person or

entity

lo

influence

or attempt to

influence

an officer or employee ofany agency, as

defined

by

applicable federal

law,

a member of Congress, an officer or employee of Congress, or an employee of

a


with

the award ofany

federally funded

contiact,

making

any

federally

funded

grant or loan, entering into any cooperative agreemcnl, or f o extend, continue, renew,

amend, or

modify

any

federally funded

contiact, grant, loan, or cooperative agreement.

Page

9 of 13



3. The

Disclosing

Party

will

submit an updated certification at the end of each calendar quarter

in

which there occurs

any event that niaterially affects the

accuracy

of the statements and iuformatipn set

forth

in

paragraphs

A. 1.

and

A.2.

above.

4.

The

Disclosing

Party certifies that either;

(i)

it is not an organization described in section

501(c)(4)

of the

Iiiterrial

Revenue Code

of 1986;

or(ii).i t

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": c , , . ,

5.

I f 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 (he Disclosing Parly must maintain

all

such subcontractors'

certifications fo r

the,

duration

o f

the Matter arid must make such certifications promptly available

to

the City upon request.,

B, CERTIFICATION

REGARDING EQUAL

EMPLOYMENT

OPPORTUNITY

I f the

Matter is federally funded, federal regulations require the Apphcant and

aU

proposed

subcontractors to submit the following information with then bids or in writing at the outset of

uegotiatidus.

Is the Disclosing Parly the Applicant?

'

[]Yes - •

| | N O

I f

"Yes," answer the three questions below:

.1 ,

Have

you

developed and do

you

have on

file affirniative

action.progiams

pursuant

to applicable

federal regulations? (Sec

41

CFR Part 60-2.)

[ ] Yes [ ] No

2, Have yoii filed with the Joint Reporting Committee, the Director of the Office of Federal ,

Contract Coinpliance Programs, or the Equal Employment Opportunity Commission

all

reports due ,

under

the applicable filing requirements?

[ ] Yes [ ] No

3. Have

you

participated in any previous contracts or

subcontracts

subject

to

the

equal

opportunity

clause?

[]Yes []No

I fyou

checked

"No"

to question

I .

or

2.

above, picasc provide an explanation:

Page 10

of 13



SECTION V H -

ACKNOWLEDGMENTS, CONTRACT INCORPORATION,

COMPLIANCE, PENALTIES,

DISCLOSURE

The Disclosing Party understands and

agrees

that;

A.

The

cortificalions,

disclosures, and acknowledgments contained

in

this EDS

Nvillhccome

p.art ofany

contract or other agreement betweeri'the Apiilioant and the City in connection with the Matter, whether

procurement. City

assistance,

or other City

action,

and arc material inducements to the City's execution

o f

any

contract or taking other action with respect to the Matter, The Disclosing.Party undcr,stands that

it

inu'st^coriiply-witli-all

s is.based. ; >

B.

The City's

GbViJrnmcrital

Ethics

arid

Canipaign.Financing Or.dlnanccs-, Chapt 2rl56;and

2-L6,4pf

thb

Municipal

Code,

iiiipbsc

certain duties and obligations on pensons or entitics seeking City

contrjapts,

work,

business,

or transacfions, Tho

full

text of

these

ordinances and a training program is available

on

line at www.citvofchicago.org/Ethics. and may also be obtained from the

Cily's

Board

o f

Ethics, 740 N .

Sedgwick St., Suite 500, Chicago,

IL

60610, (312) 744-9660. The Disclosing Pariy must

comply

fully

with the applicable ordinances', • • • • ., : :. '

C.

I f

the City dctorminos that any infonnation provided in'this EDS Is false, incomplete or;,m8cpura(c ,

nity

contract or other agreement

in

connection

with which

it is subntittcd may be rescinded or be

void

or

voidable, and the City may pursue any remedies

under

the contract or agi;ce.rncnf (if|notTr,escm ^

void),

at

law,

or

in

equity,

including termiriating

the Disclosing

Party's

participation

in

the Matter

and/or

declining to allow the Disclosmg Party to participate

in

other transactioris',with the City, Remediesjat

law

for a

false

statement of material fact may include

incarceration and

ari

award to the

City

of treble

damages.

\ : .,; u , ;

D;

It is the

City's policy

to iriakethis document',available tO'thc

public

on.its-Internet site,and/or upon

request. Some or

all

ofthe information provided on this EDSand any altachments,;tp this:BpS

in.ay

be

made available to the

public

on the Internet, in response to a Freedom lof Information Act requost, or

otherwise. By

completing

and signing this

EDS,

the Disclosing Parly waives and releases any possible

rights'br claiiris which it may have again.st the City in connection with the public-relcase^of information

cohtairicd iri this EDS and also authorizes the City to verify the

accuracy

of any information submitted

in this EDS.

E. Tho information provided

in

this EDS must be kept current.

In

the event

o f

changes, the Disclosing

Party must supplement this EDS up to the lime the City

takes

action on the Matter.

I f

the Matter is a

contract being handled

by

the City's Department o f Procurement Services, the pisclpsing Party must

update

this EDS as the contract requires.

NOTE:

W ith

respect

to Matters subject to

Article

1

o f

Chapter

i-23 ofthe

Municipal Code

(imposing

PERMANENT I N E L I G I B I L I T Y for

certain specified

offenses), the inforniation provided herein regarding

eligibility

must be kept current

for

a longer period,

as required by Cliapter

1

-23 and Section 2-154-020 of

the Municipal

Code.

The Disclosing Party represents and warrants (hat:

Page 11 of 13



F. I .

The Disclosing Party is not delinquent in the payment of any tax administered by the

I l l inois

Department of

Revenue,

nor are the Disclosing Party or its

A f f i l i a t ed

Entities delinquent in paying any

fine, fee, tax or other

charge

owed to the City . This includes, but is not l imited to, all water

charges,

sewer

charges,

license

fees,


taxes

or

sales taxes.

F.2 I f the Disclosing Party is the

Applicant,

the Disclosing Party and its

A f f i l i a t ed


use, nor permit their subcontractors to use, any

fac i l i ty

listed by the U.S. E.P.A. on the federal Excluded

Parties List

System ("EPLS") maintained by the

U .

S. General

Services Administiation.

F.3

I f

the Disclbsing Party is the Applicant, the Disclosing Party

wi l l

obtain f rom any

contractors/subcontractors hired or to be hired in connection

with

the Matter certifications equal in

f o r m

and

substance

to

those

in

F. 1.

and F.2.

above

and

w i l l

not, without the prior written

consent

of the

City, use any such contractor/subcontractorthat

docs

riot provide such certifications or that the

Disclosing

Party has

reason

to believe has not provided or cannot provide

truthful

certificatioris.

NOTE;

I f the Disclosing-Party cannot

certify

as

to^atiy

ofthe items in F . l . , F.2; or F.3. above, an

explanatoty

statement

must be

attached

to this EDS.

C E R T I F I C A T I O N

Under penalty of perjuty, the person signing below; (1) warrants that he/she is authorized to

execute

this EDS and Appendix A

( i f

applicable) on behalf of the Disclosing Party, and (2) warrants that

all

certifications

and statements contained in

this,

EDS

arid Appendix A

( i f

applicable) are true,

accurate

and complete as of the date fumished to the City.

(Print

or type

name

of

Disclosing

Party)

(Sigy

here)

(Print

or type

name

of person signing)

(Print

or type

titie

of person signing)

Signed and sworn to before me on (date)

a l

County, / U-

Commission expires:

(s ta te ) .

NotaryPyMjc*

Page

ROBERT

D.

STONE

OFHICIAL SEAL

Notary Public. Siatc

o l

Ilhnois

My Comniission E K p u e s

February

0 6,

2017



CITY

OF

CHICAGO


AND AFFIDAVIT

APPENDIX

A

FAMILIAL RELATIONSHIPS WITH

ELECTED

CITY OFFICIALS AND DEPARTMENT

HEADS

This Appendix

is

(o

be

completed only by

(a)

fhe

Applicant,

and

(b)

any

legal entity which

has a

direct

ownership

interest

in

thie

Apiplicant exceeding

7.5

percent. I t

is-not to be

completed

by

any.

legal entity

whifch

Has

only an'iridirecf'bwhership M

Under Municipal Code Section

2-,154r015, .thaDiscloslng Party niust

.disclose

whetlier

such

Disclosing Pai ty

or

any

"Applicable

Parly" orany Spouse or Domestic .Partner thereof currently hasa

"fam ilial

relationship'*

with

any elected city official

or

departnient head.

A "familial

irelationship"

exists

i f ,

asof

the

date'this

EEiS is -

signed, the Disclosing Party orany '.'Applicable Party"

or

any Spouse

or

Domestic Partner thereof

is

related to

tlie

mayor,

any

alderman,

thie

city

clerk,

the

city

treasurer

bi:*

any

city

aeparmient

head-as

spOuse

or

donieslic

partner or

as any

of

the

following,

whether

by

blood or adoption:

parent,

childl-brother

or

sister,

aunt

or uncle,

niece

or

nepliew, grandparent, grandchild, father-iu-law, mother-in-law, son-in-law, daughter-in-law, stepfather

or

stepmother, vStepson

or stepdaughter,

stepbrother or

stepsister

or

half-brother or

half-sister.

-

"Applicable Party";means

( I)

allexecutive.officers o f .tlieDispIosing Party listed in.Sectipn,.ll.B.l.a,,

i f

the

Di sclbsirig Paity is a cbipbration; a ll partuere of the pisclosing Party, i f the

D

Isclosmg Pairty

is a

gehef ail

partnci'ship;

all.generalpartners

and liiuited.partiiers

o f

the.Disclosiiig

Party, i f

the

Disblbsiiig Party'is a liinited''

partnership;

a ll

managers, managing members and

menibers

o f tiie Disclosing Paity,

I f

the'Disclosing Party

is

a

liniited

liability company;

(2)

all prmcipal

officers

of

the

Dis'closihg:Palty;'

atid'(3)

aiiy

perso

than

a 7.5 percentownership interest

in

the Disclosuig Party. 'Trincipalpfficere" ;

operating officer, executive director, chief financial officer,

treasurcror

secretary of ajega^ ^

exercising

similar

authority ^ , , .

Does


or

any "Applicable

Party" or

any

Spouse

or

Domestic Paitner

thereof currently

have

a "familial

relationship"

with

an elected city official or

department

head?

[

] Yes

M N O

I f

yes, please

identify

below

(1) the

name and title

of such person, (2)-the

name

o f

the legal entityto

which

such person is connected; (3)

the name and title of the elected city official oi"

department

head

to wJiorii such

person

has

a fa milial

relationship, and

(4)

the precise nature

o f such

familial relationship.

Page

13

of 13



C I T Y OF CHICAGO

ECONOMIC DISCLOSURE STATEMENT A ND A F F I D A V I T

APPENDIX B

B U I L D I N G CODE SCOFFLAW/PROBLEM

L A N D L O R D

CERTIFICATION


which has a direct

ownership

interest in the Applicant exceeding 7.5

percent

(an "Owner").

I t is not to be completed by any legal entity which has only an indirect ownership interest in

the Applicant.

1. Pursuant to Municipal Code Section 2-154-010, is the Applicant or any

Owner

identified as a

building

code

scofflaw or problem landlord

pursuant

to Section

2-92-416

o f the Municipal

Code?

[ ]Yes [X]No

2. I f 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 Section

2-92-416

of tiie Municipal

Code?

^ . [ ]Yes [ ]N o

[X ]

Not AppHcable

3. Ifyes to (1) or (2) above, please identify below the name

o f

the person or legal entity


code

scofflaw or problem landlord and the

address

o f the building or


pertinent

code

violations apply.

Not

applicable.

y -


AN D AGREEMENT T H A T THIS APPENDIX B IS INCORPORATED BY

REFERENCE

I N T O ,

AND

M A D E

A PART OF, THE ASSOCIATED EDS,

A N D T H A T THE REPRESENTATIONS M A D E IN THIS APPENDIX B ARE

SUBJECT TO THE CERTIFICATION M A D E UNDER PENALTY OF

PERJURY


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