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Legislation Referred to Committees at the Chicago City Council Meeting2/5/2014

Section 1b - Mayoral Introductions Containing Economic Disclosure Statements

Agreement(s) - Lease

HousingLease agreement with Peterson GardenProject, Inc. NFP's for access to City-ownedproperty at 7519 N Ashland Ave

O2014-11471 Emanuel (Mayor)

HousingLicense agreement with FranciscanOutreach Association for access to City-owned property at 10 S Kedzie Ave

O2014-11782 RedactedRecord

Emanuel (Mayor)

Bonds & Bond Issues

FinanceIssuance of Housing Revenue Bonds for St.Edmunds Oasis, LLC


Emanuel (Mayor)

Open Space Impact Fee(s)

Special EventsExpenditure of Open Space Impact Feefunds for Excel Academy of Englewood


Emanuel (Mayor)

Sale of City-owned Property

HousingSale of City-owned property at 5572 WEdmunds St to NeighborSpace for publicopen space use


Emanuel (Mayor)

HousingSale of City-owned property at 1025 NKarlov Ave under Adjacent Neighbors LandAcquisition Program


Emanuel (Mayor)

HousingSale of City-owned property at 5337 SWinchester Ave under Adjacent NeighborsLand Acquisition Program


Emanuel (Mayor)

Tax Increment Financing

FinanceExpansion of various multi-family vacantbuilding Tax Increment Financing (TIF)Programs for Division/HomanRedevelopment Project Area


Emanuel (Mayor)

TitleFile # Committee ReferralSponsor(s)

Created by the Office of the City Clerk, City of Chicago Report Generated on 2/6/2014 at 1:24 PM of 1

City of Chicago

Office of the City Clerk

Document Tracking Sheet

O2014-1147

iyieeting;Date:

Spiohs6ir(s):

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C6mmittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Lease agreement with Peterson Garden Project, Inc. NFP's for access to City-owned land at 7519 N Ashland Ave Committee on Housing and Real Estate

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R A H M E M A N U E L MAYOR

O F F I C E O F T H E M A Y O R

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

Febmary 5, 2014

TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO

Ladies and Gentlemen:

At the request of the Commissioner of Fleet and Facility Management, I transmit herewith ordinances authorizing the execution of lease and license agreements.

Your favorable consideration of these ordinances will be appreciated.

Very tmly yours.

Mayor

O R D I N A N C E

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1: The Commissioner of the Department of Fleet and Facility Management and the

Commissioner of the Department of Planning and Development are authorized to execute on

behalf of the City of Chicago, as Landlord, a Lease with Peterson Garden Project, Inc. NFP, as

Tenant, for Peterson Garden Project, Inc. NFP's access to vacant City-owned land located at

7519 North Ashland Avenue for use as a community garden; such Lease to be approved as to

form and legality by the Corporation Counsel in substantially the following form:

LEASE NO. 20308

LEASE

THIS LEASE is made and entered into this day of , 2014 by and between, the CITY OF CHICAGO, an Illinois municipal corporation and home rule unit of govemment (hereinafter referred to as "Landlord" or "City"), and PETERSON GARDEN PROJECT, INC. NFP, an Illinois not-for-profit corporation (hereinafter referred to as "Tenant"). Landlord and Tenant are sometimes jointly referred to as the "Parties."

R E C I T A L S

WHEREAS, Landlord is the owner ofthe real property more cornmonly kiiown as 7519 North Ashland Avenue, Chicago, Cook County, Illinois; and

WHEREAS, the property located at 7519 North Ashland Avenue has no present municipal use; and

WHEREAS, Landlord has agreed to lease to Tenant, and Tetiant has agreed to lease from Landlord approximately 46,086 square feet of vacant land located at 7519 North Ashland Avenue as legally described on Exhibit A attached hereto to be used as a community garden; and

NOW THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the Parties hereto agree and covenant as follows:

SECTION 1. GRANT

Landlord hereby leases to Tenant, and Tenant leases from Landlord, the following described premises situated in the City of Chicago, County of Cook, State of Illinois, to wit:

Approximately 46,086 square feet of vacant land located at 7519 North Ashland Avenue, Chicago, Illinois (PIN 11-30-405-001 and -009 - the "Premises").

SECTION 2. TERM

The term of this Lease (the "Term") shall begin on the date of execution (the "Commencement Date") and shall end on October 31, 2015, unless sooner terminated as set forth herein.

SECTIONS. RENT, TAXES, AND UTILITIES

3.1 Rent. Tenant shall pay rent for the Premises in the amount of:

One Dollar ($1.00) for the entire Term the receipt and sufficiency of said sum being herewith acknowledged by both Parties.

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.3.2 Utilities. If applicable. Tenant shall pay when due all charges for gas, electricity, 'water, sewer, light, heat, telephone, other communication, and any other utilities and charges that may be assessed on the Premises during, or as a result of. Tenant's occupancy of the Premises. Tenant acknowledges that Landlord shall not provide or pay for any utilities supplied to the Premises for Tenant's use.

3.3 Taxes. Tenant acknowledges that Premises are exempt from leasehold, real estate, and other property taxes. Tenant shall pay when due any leasehold, real estate, and other property taxes assessed or levied on the subject Premises where attributable to Tenant's use of the Premises. Tenant shall pay such amounts and Tenant shall provide Landlord with proof of such payment within ten (10) days of such payment. Tenant further acknowledges that real estate taxes are one (1) year in arrears in Cook County and that as a result Tenant shall be responsible for satisfaction of leasehold, real estate, and other property taxes assessed or levied on the subject Premises on account of Tenant's use for at least one year after Tenant vacates the Premises. Tenant's failure to pay any such taxes shall constitute a default under this Lease. Notwithstanding the foregoing, nothing herein shall preclude Tenant from contesting any charge or ta.x levied against the subject Premises. The failure of Tenant to pay such taxes during the pendency of the contest shall not constitute a default under this Lease. Tenant's tax responsibilities under this section shall survive the expiration, cancellation, or termination of this Lease.

3.4 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than any amounts due hereunder shall be deemed to be other than on account of the amount due, and no endorsement of statement or any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice as to Landlord's right to recover the balance of such installment or payment or to pursue any other remedies available to Landlord.

SECTION 4. CONDITION AND ENJOYMENT OF PREMISES, ALTERATIONS AND ADDITIONS, USE, STANDARDS

4.1 Covenant of Quiet Enjoyment. Landlord covenants and agrees that Tenant, upon paying the rent and upon observing and keeping the covenants, agreements and conditions ofthis Lease on its part to be kept, observed, and performed, shall lawfully enjoy the Premises (subject to the provisions of this Lease) during the TeiTn without hindrance or molestation by Landlord.

4.2 Tenant's Duty to Maintain Premises and Right of Access. Tenant shall, at Tenant's expense, keep the Premises in a condition of good repair and order, and in compliance with all applicable provisions of the Municipal Code of Chicago, including but not limited to those provisions in Title 13 ("Building and Construction"), and Title 17 ("Landscape Ordinance"). Landlord shall have the right of access to the Premises for the purpose of inspecting and making repairs to the Premises, provided that except in the case of emergencies. Landlord shall first give notice to Tenant of its desire to enter the Premises and will schedule its entry so as to minimize any interference with Tenant's use of the Premises.

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. 4.3 Use of the Premises. Tenant shall not use the Premises in a manner that would 'violate any law. Tenant further covenants not to do or suffer any waste or damage, comply in all respects with the laws, ordinances, orders, rules, regulations, and requirements of all federal, state and municipal govemmental departments which may be applicable to the Premises or to the use or manner of use ofthe Premises. Any activities on the Premises must be limited for use as a community garden and related functions. In addition. Tenant may also use the Premises as space for community events related to Tenant's use of the Premises as a community garden and related functions (collectively the "Use"). Tenant may also host periodic outreach and other harvest celebration events on the north end of the Premises provided Tenant secures any necessary permits prior to such events. The Use of the Premises is summarized in the layout attached hereto and made a part hereof as Exhibit B. Tenant shall not be pemiitted to charge any fee for such access. The promotion and operation of a community garden does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. Tenant shall not use said Premises for political or religious activities. Tenant agrees that in utilizing said Premises that it shall not discriminate against any member of the public because of race, creed, religion, color, sexual orientation, age, immigration status, or national origin.

4.4 Gardening Standards. Gardening Standards. Tenant shall comply, and require others to comply, with the following gardening standards:

a) All gardening will take place on the southern end of the Premises.

b) Pesticides and herbicides are prohibited. Tenant may not grow plants vvith long tap roots, which may compromise the geotextile fabric laid below all growing areas. Tenant shall not grow any illicit narcotic plants and fungi (e.g., cannabis, poppies, "magic mushrooms," coca bush, peyote, etc.).

c) All plants shall be grown in raised garden beds on the Premises.

d) Tenant, at its sole cost and expense, shall install 12 inches of wood chips or soil over all garden areas within the site for environmental best practices. The Tenant shall construct and maintain the raised garden beds containing a minimum of 8 inches of clean top soil, compost or other growing medium, and shall cormect the raised beds with footpaths constructed of woodchips. Any growing medium that Tenant imports is subject to the testing and approval requirements set forth in subsection (e) below.

e) Tenant may not bring any soil, compost or other growing or fill material onto the Premises without prior written approval of the Department of Planning and Development. Such material must meet TACO Tier 1 remediation objectives for residential and construction worker exposure routes as set forth in 35 LAC Part 742. Tenant shall test such material at a rate of 1 sample per 500 cubic yards for the Target Compound List (TCL) in 35 I AC Part 740, or in accordance with an altemative testing protocol acceptable to the Department of Planning and Development in its sole discretion. In addition to the TACO Tier 1 remedial objectives, compost material must meet the performance standards and testing requirements for general use compost

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in 35 lAC Part 830. Tenant shall promptly submit all test results to the Department of Planning and Development for review and approval.

f) Tenant shall dispose of weeds and plant materials in designated compost areas. If Tenant composts more than 25 cubic yards at any one time. Tenant must first obtain all required permits. Tenant may only compost vegetable matter grown on the Premises and may not use such compost material on other property.

g) Tenant may not plant, cut down, damage or reinove any trees, bushes, shrubs or other landscaping from the Premises without the Department of Planning and Development's prior written approval.

h) No on-site parking or motorized vehicles shall be allowed on the Premises except when Tenant is making temporary deliveries or pickups oF inaterial from and into the Premises.

i) Tenant shall maintain all fuel-powered equipment used on the Premises in good condition and repair, with no leaks. If fuel-powered equipment malfunctions and/or is no longer operable, Tenant shall repair such equipment within 30 days or remove it from the Premises. If T enant performs equipment repairs or fueling on the Premises, Tenant shall implement proper petroleum spill prevention and control measures and best management practices, including, without limitation, providing secondary containment for any fuel storage or during fuel transfer, conducting fuel transfer and equipment repairs on a paved surface, and storing and maintaining spill response materials on the Premises.

4.5 Alterations and Additions. Tenant may install non-permanent signage, gates, fencing, benches, and other equipment related to the Use. Tenant may not make any permanent alterations, additions, and improvements to the Premises without the prior written approval of the Cominissioner of the Department of Planning and Development. Notwithstanding the foregoing. Tenant may build hoop houses over the raised garden beds, and install a freezeless hydrant.

SECTION 5. ASSIGNMENT, SUBLEASE, AND LIENS

5.1 Assignment and Sublease. Tenant shall not assign this Lease in whole or in part, or sublet the Premises or any part thereof without the prior written consent of the Commissioner of the Department of Planning and Development.

5.2 Tenant's Covenant against Encumbering Title. Tenant shall not do any act which shall in any way encumber the fee simple estate of Landlord in the Premises, nor shall the interest or estate of Landlord in the Premises be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject to and subordinate to the paramount title and rights of Landlord in and to the Premises.

5.3 Tenant's Covenant against Liens. Tenant shall not permit the Premises to become subject to any mechanic's, laborer's, or materialmen's liens on account of labor or material

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:fumished to Tenant or claimed to have been furnished to Tenant. In case of any such lien 'attaching. Tenant shall immediately pay and remove such lien or fumish security or indemnify Landlord in a manner satisfactory to Landlord in its sole discretion to protect Landlord against any defense or expense arising from such lien. Except during any period in which Tenant appeals any judgment or obtains a rehearing of any such lien, or in the event judgment is stayed. Tenant shall immediately pay any judgment rendered against Tenant, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to pay and remove any lien or contest such lien in accordance herewith. Landlord, at its election, may pay and satisfy same, and all sums so paid by Landlord shall become immediately due and payable by Tenant, with interest from the date of payment at the rate set at 12% per annum provided that such rate shall not be deemed usurious by any Federal, State, or Local law.

SECTION 6. INSURANCE AND INDEMNIFICATION

6.1 Insurance. Tenant shall procure and maintain at all times, at Tenant's own expense, during the term of this Lease, the insurance coverages and requirements specified below, where applicable, insuring all operations related to the Lease.

The kinds and amounts of insurance required are as follows:

a) Workers Compensation and Employers Liability Insurance. Workers Compensation and Employers Liability Insurance, in accordance with the laws of the State of Illinois, or any other applicable jurisdiction, covering all Tenant's employees and Employer's Liability coverage with limits of not less than $100,000 each accident or illness.

b) Commercial Liability Insurance. (Primary and Umbrella). Commercial Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence, for bodily injury, personal injury, and property damage liability. Coverage extensions shall include the following: All premises and operations, products/completed operations, defense, separation of insureds, and contractual liability (with no limitation endorsement). The City of Chicago, its employees, elected officials, agents, and representatives are to be named as additional insureds on a primary, non-contributory basis for any liability arising directly or indirectly from the Lease.

c) Automobile Liability Insurance. (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed. Tenant shall provide Comprehensive Automobile Liability Insurance with limits of not less than $1,000,000 per occurrence, for bodily injury and property damage.

Tenant shall be responsible for all loss or damage to personal property (including but not limited to materials, equipment, tools and supplies), owned or rented, by Tenant.

6.2 Other Terms of Insurance. Tenant will fumish to the City of Chicago, Department of Fleet and Facility Management, Office of Real Estate Management, 30 North LaSalle Street, Suite 300, Chicago, Illinois 60602, and the Department of Planning and Development, 121 North LaSalle Street, Room 1000, Chicago, Illinois 60602 original Certificates of Insurance evidencing the required coverage to be in force on the date of this Lease, and Renewal Certificates of

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Insurance, or such similar evidence, if the coverages have an expiration or renewal date 'occurring during the term ofthis Lease. Tenant shall submit evidence on insurance prior to Lease award. The receipt of any certificates does not constitute agreement by Landlord that the insurance requirements in the Lease have been fully inet or that the insurance policies indicated on the certificate are in compliance with all Lease requirements. The failure of Landlord to obtain certificates or other insurance evidence from Tenant shall not be deemed to be a waiver by Landlord. Tenant shall advise all insurers of the Lease provisions regarding insurance. Nonconforming insurance shall not relieve Tenant of its obligation to provide Insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Lease, and Landlord retains the right to terminate the Lease until proper evidence of insurance is provided.

The insurance shall provide for thirty (30) days prior written notice to be given to Landlord in the event coverage is substantially changed, canceled, or non-renewed.

Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Tenant.

Tenant agrees that insurers shall waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents or representatives.

Tenant expressly understands and agrees that any coverages and limits fumished by Tenant shall in no way limit Tenant's liabilities and responsibilities specified within the Lea.se documents or by law.

Tenant expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute with insurance provided by Tenant under the lease.

The required insurance shall not be limited by any limitations expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law.

The City of Chicago, Department of Finance, Office of Risk Management, maintains the right to reasonably modify, delete, alter or change these requirements. Landlord shall provide Tenant with thirty (30) days' prior written notice of such modification, deletion, alteration, or change of these requirements.

6.3 Additional Insured. Tenant shall name Landlord as an additional insured. Said coverage shall be evidenced on the Certificate of Insurance covering the Premises.

6.4 Tenant's Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless against all liabilities, judgments, amounts paid in settlement, arbitration or mediation awards, costs, damages, and expenses (including reasonable attomey's fees, expenses, and court costs) (collectively the "Claims"), whether such Claims are related to or arise from personal injury or property damage which may be expended by or accme against, be charged to, or be recovered from Landlord or Tenant by reason of Tenant's performance of or failure to perform any of Tenant's obligations under this Lease or Tenant's negligent acts or failure to act, or

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resulting from the acts or failure to act of Tenant's contractors, officers, directors, agents, "employees or invitees.

SECTION 7. CONFLICT OF INTEREST AND GOVERNMENTAL ETHICS

7.1 Conflict of Interest. No official or employee of the City of Chicago, nor any member of any board, commission or agency of the City of Chicago shall have any financial interest (as defined in Chapter 2-156 ofthe Municipal Code), either direct or indirect, in the Premises. Nor shall any such official, employee, or member participate in making or in any way attempt to use his/her position to influence any governmental decision or action with respect to this Lease.

7.2 Duty to Comply with Governmental Ethics Ordinance. Landlord and Tenant shall comply with Chapter 2-156 of the Municipal Code of Chicago, "Govemmental Ethics," including but not limited to section 2-156-120, which states that no payment, gratuity, or offer of employment shall be made in connection with any City of Chicago contract, as an inducement for the award of that contract or order. Any contract or lease negotiated, entered into, or performed in violation of any ofthe provisions of Chapter 2-156 shall be voidable as to the City.

SECTION 8. HOLDING OVER

8.1 Holding Over. Any holding over by Tenant shall be construed to be a tenancy from month to month only beginning on November 1, 2015 and the rent shall be the same as listed in Section 3.1 of this Lease. During such holding over all other provisions ofthis Lease shall remain in full force and effect.

SECTION 9. MISCELLANEOUS

9.1 Notice. All notices, demands and requests which may be or are required to be given, demanded or requested by either party to the other shall be in writing. All notices, demands and requests by Tenant to Landlord shall be delivered by national overnight courier or shall be sent by United States registered or certified mail, return receipt requested, postage prepaid addressed to Landlord as follows:

City of Chicago Department of Planning and Development 121 North LaSalle Street, Room 1000 Chicago, Illinois 60602

With a courtesy copy to:

City of Chicago Department of Fleet and Facility Management Office of Real Estate Management 30 North LaSalle Street, Room 300 Chicago, Illinois 60602

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or at such other place as Landlord may from time to time designate by written notice to Tenant. 'All notices, demands, and requests by Landlord to Tenant shall be delivered by a national overnight courier or shall be sent by United States registered or certified mail, retum receipt requested, postage prepaid, addressed to Tenant as follows:

Peterson Garden Project, Inc. NFP 4642 North Francisco Avenue Chicago, Illinois 60625

With a courtesy copy to:

Jason Lundy Polsinelli PC 161 North Clark Street, Suite 4200 Chicago, Illinois 60601

or at such other place as Tenant may from time to time designate by written notice to Landlord. Any notice, demand or request which shall be served upon Tenant by Landlord, or upon Landlord by Tenant, in the manner aforesaid, shall be deemed to be sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed.

9.2 Partial Invalidity. If any covenant, condition, provision, term or agreement ofthis Lease shall, to any extent, be held invalid or unenforceable, the remaining covenants, conditions, provisions, terms and agreements of this Lease shall not be affected thereby, but each covenant, condition, provision, term or agreement of this Lease shall be valid and in force to the fullest extent permitted by law.

9.3 Governing Law. This Lease shall be construed and be enforceable in accordance with the laws of the State of Illinois.

9.4 Entire Agreement. All preliminary and contemporaneous negotiations are merged into and incorporated in this Lease. This Lease contains the entire agreement between the Parties and shall not be modified or amended in any manner except by an instmment in writing executed by the Parties hereto.

9.5 Captions and Section Numbers. The captions and section numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, constme or describe the scope or intent of such sections of this Lease nor in any way affect this Lease.

9.6 Binding Effect of Lease. The covenants, agreements, and obligations contained in this Lease shall extend to, bind, and inure lo the benefit of the Parties hereto and their legal representatives, heirs, successors, and assigns.

9.7 Time is of the Essence. Time is of the essence of this Lease and of each and every provision hereof

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•9.8 No Principal/Agent or Partnership Relationship. Nothing contained in this Lease shall be deemed or constmed by the Parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the Parties hereto.

9.9 Authorization to Execute Lease. The Parties executing this Lease hereby represent and warrant that they are duly authorized and acting representatives of Landlord and Tenant respectively and that by their execution of this Lease, it became the binding obligation of Landlord and Tenant respectively, subject to no contingencies or conditions except as specifically provided herein.

9.10 Termination of Lease. Landlord and Tenant shall have the right to temiinate this Lease without penalty and for any, or no, reason by providing each other with sixty (60) days prior written notice at any time after the Commencement Date. Notwithstanding the foregoing (and subject to Section 9.12 hereunder). Landlord may not tenninate this Lease where the effective termination date would occur anytime between May f'' and September 30" of any year.

9.11 Force Majeure. When a period of time is provided in this Lease for either party to do or perform any act or thing, the party shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, wars, acts of terrorism, govemmental regulation or control, and other causes beyond the reasonable control of the party, and in any such event the time period shall be extended for the amount of time the party is so delayed.

9.12 Tenant Default. Tenant must adhere to all provisions of this Lease. Failure of Tenant to adhere to all provisions ofthis Lease will result in default. In the event of such default, Landlord will notify Tenant in writing as to the circumstances giving rise to such default. Upon written receipt of such notice. Tenant must cure such default within thirty (30) days. If Tenant does not cure such default within thirty (30) days, Landlord may cancel this Lease with thirty (30) days written notice.

9.13 Amendments. From time to time, the Parties hereto may administratively amend this Lease with respect to any provisions reasonably related to Tenant's use of the Premises and/or Landlord's administration of said Lease including leasehold revisions. Provided, however, that such Amendment(s) shall not serve to extend the Lease lenn hereof nor serve to otherwise materially alter the essential provisions contained herein. Such Amendment(s) shall be in writing, shall establish the factual background necessitating such alteration, shall set forth the terms and conditions of such modification, and shall be duly executed by both Landlord and Tenant. Such Amendment(s) shall only take effect upon execution by both Parties. Upon execution, such Amendment(s) shall become a part ofthis Lease and all other provisions ofthis Lease shall otherwise remain in full force and effect.

SECTION 10. ADDITIONAL RESPONSIBILITIES OF TENANT

10.1 Satisfaction with Condition. Tenant agrees that Tenant has inspected the Premises and all related areas and grounds and that Tenant is satisfied with the physical condition thereof Tenant accepts the risk that any inspection may not disclose all material matters affecting the

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Premises. Tenant agrees to accept the Premises in its "as is," "where is" and "with all faults" • condition on the Commencement Date without any covenant, representation or warranty, express or implied, of any kind, as to any matters concerning the Premises, including, without limitation: (a) the structural, physical or environmental condition of the Premises; (b) the suitability of the Premises for any purpose whatsoever; (c) the state of repair of the Premises or the condition of soil, geology, groundwater, or any other physical characteristic of the Premises; (d) compliance of the Premises with any applicable laws, including, without limitation. Environmental Laws (as defined hereunder); or (e) the presence or removal of Hazardous Substances (as defined hereunder) or environmental conditions in, on, under or about the Premises.

10.2 Maintenance. Tenant shall provide at Tenant's expense, any and all service for maintenance of the Premises during Tenant's occupancy. Tenant acknowledges that Landlord will not have any maintenance obligations with respect to the Premises.

10.3 Custodial Service. Tenant shall provide and pay for custodial services which shall be construed as keeping the Premises clean and free of debris. Tenant shall keep the Premises clean, presentable, free of litter and in good repair. Tenant acknowledges that Landlord will not have any custodial responsibilities.

10.4 Snow Removal. Tenant shall provide and pay for prompt removal of snow and ice from sidewalks which immediately abut the Premises and shall assume responsibility for failure to do so. Tenant acknowledges that Landlord will not have any snow or ice removal responsibilities.

10.5 Repairs for Tenant Negligence. Vandalism, or Misuse. Tenant shall assume all responsibility for any repairs to the Premises necessitated by the negligence, vandalism, misuse, or other acts on any portion of the Premises by Tenant's employees, clients, invitees, agents, or contractors.

10.6 Security. Tenant acknowledges that Landlord will not have any security obligafions relative to Tenant's use of the Premises. Tenant shall properly secure the Premises. Tenant's security obligations do not cease until this Lease is terminated. Tenant completely vacates the Premises, and Tenant receives written notification from Landlord that Landlord has assumed security responsibilities.

10.7 Scavenger Service. Tenant shall provide and pay for its own scavenger service if necessary.

10.8 No Alcoholic Beverages or Drugs. Tenant agrees that no alcoholic beverages or illegal drugs of any kind or nature shall be sold, given away, or consumed on the Premises.

10.9 Illegal Activity. Tenant, or any of its agents or employees, shall not perform or permit any practice that is injurious to the Premises, is illegal, or increases the rate of insurance on the Premises.

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, .10.10 Permits. For any activity which Tenant desires to conduct on the Premises in which a license or permit is required, said license or permit must be obtained by Tenant prior to using the Premises for such activity. The City of Chicago, Department of Planning and Development and the Department of Fleet and Facility Management, must be notified of any such license or permit. Failure to obtain a required license or permit shall constitute a material breach of the terms of this Lease.

10.11 Full Liability. Tenant assumes full legal and financial responsibility and liability for any and all use of the Premises by Tenant, Tenant's staff. Tenant's agents. Tenant's invitees, and any other person, persons, or entities entering the Premises.

10.12 Condition at Termination. Upon the termination of this Lease, Tenant shall surrender the Premises to the Landlord in the same or better condition to the condition of the Premises at the Commencement Date. At Landlord's option. Tenant shall remove all equipment and/or materials placed on the Premises by Tenant or anyone acting by or under Tenant. Said removal shall be without cost to Landlord. Provided, however, that at Lease termination Landlord may declare that any fencing which Tenant may have installed shall become the property of Landlord without further credit, payment, or reimbursement by Landlord to Tenant.

10.13 Pest Control. Tenant shall provide and pay for pest control services whenever necessary.

10.14 No Fee. Tenant shall not charge a fee to anyone for use of the Premises.

10.15 No Other Rights. This Lease does not give Tenant any other right with respect to the Premises. Any rights not specifically granted to Tenant by and through this document are reserved exclusively to Landlord. Execution of this Lease does not obligate Landlord in any manner and Landlord shall not undertake any additional duties or services.

10.16 Future Site Development. Tenant understands that Landlord's Department of Planning and Development and/or its successor department will actively market the Premises to other parties. Landlord is under no obligation to market the site to Tenant. In the event that the Premises, or any parts thereof, are sold or otherwise conveyed or leased by Landlord, this Lease shall terminate with appropriate notice pursuant to Section 9.10. In such event. Tenant's sole remedy is to vacate the Premises. Landlord is under no obligation to provide Tenant with altemative locations. Notwithstanding the foregoing (and subject to Section 9.12 hereinabove). Landlord may not terminate this Lease where the effective termination date would occur anytime between May 1 ' and September 30" of any year.

10.17 Economic Disclosure Statement Affidavit ("EDS") Updates. Throughout the Term, Tenant shall provide Landlord v.'ith any material updates to the infomiation previously submitted in Tenant's Economic Disclosure Statement and Affidavit ("EDS"). Landlord may also request such updates from time to time. Failure to provide such infomiation on a timely basis shall constitute a default under this Lease.

SECTION 11. ENVIRONMENTAL MATTERS

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.11.1 General Terms.

a) As used in this Lease, the following temis shall have the following meanings:

"Hazardous Substances" shall mean any toxic substance, hazardous material, hazardous chemical or hazardous, toxic or dangerous waste defined or qualifying as such in (or for the purposes of) any Environmental Laws (as defined hereunder), or any pollutant, toxic vapor, or contaminant, and shall include, but not be limited to, polychlorinated biphenyls (PCBs), crude oil, any fraction thereof, or refined petroleum products such as oil, gasoline, or other petroleum-based fuels, lead paint, asbestos or asbestos-containing materials, urea fonnaldehyde, any radioactive material or by-product material, radon and mold.

"Environmental Laws" shall mean any and all Laws, permits and other requirements or guidelines of governmental authorities applicable to the Property and relating to the regulation and protection of human health, safety, the environment, natural resources or to any Hazardous Substances, including without limitation, any Laws requiring the filing of reports and notices relating to Hazardous Substances.

b) Tenant shall, at its sole expense, comply with all Environmental Laws that are or may become applicable to Tenant's activities on the Premises or Tenant's Use.

c) Tenant shall not handle, use, generate, treat, store or dispose of any Hazardous Substances in, on, under or about the Premises.

d) If there is a release or threatened release of any Hazardous Substances attributable to the operations or activifies of Tenant, Tenant shall notify the Landlord as soon as practicable, but in no event more than three (3) days following the date Tenant becomes aware of such release or threatened release, and, if required by any applicable Laws, Tenant shall investigate and remediate the condition in accordance with TACO Tier 1 remediation objectives for residential properties. Landlord shall have the right to review and approve all correspondence, work plans, reports and other documents to be submitted to the Illinois Environmental Protection Agency or other regulatory agencies in connection with the Premises.

e) Upon request. Tenant shall make the results of all sampling, including raw data generated by Tenant or on Tenant's behalf, available to Landlord. Tenant shall promptly transmit to Landlord copies of all correspondence, work plans, reports and other documents relating to the environmental condition of the Premises, including, without limitation, documents submitted to or received from the lEPA or other regulatory agencies.

11.2 Release and Indemnification. Tenant, on behalf of itself, its officers, directors, agents, employees, and anyone claiming by, through, or under Tenant (collectively, the "Tenant Parties"), hereby releases, relinquishes and forever discharges Landlord from and against any and all losses, costs, damages, injuries, liabilities, claims, suits, actions, causes of action and expenses, including, without limitation, reasonable attomeys' fees and court costs (collectively, "Losses") which the Tenant may have, whether grounded in tort or contract or otherwise arising

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out of or in any way connected with, directly or indirectly, all ofthe following, to the extent the same did not arise out of Landlord's negligent acts or willful misconduct following the Commencement Date: (a) any environmental contamination, pollution or hazards associated with the Premises or any improvements, facilities or operations located or formerly located thereon, including, without limitation, any release, emission, discharge, generation, transportation, treatment, storage or disposal of Hazardous Substances, or threatened release, emission or discharge of Hazardous Substances; (b) the structural, physical or environmental condition ofthe Premises, including, without limitation, the presence or suspected presence of Hazardous Substances in, on, under or about the Premises or the migration of Hazardous Substances from or to other property; and (c) any violation of, compliance with, enforcement of or liability under any Environmental Laws, including, without limitation, any Losses arising under CERCLA (collectively, "Released Claims"). Furthermore, Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all Losses which may be made or asserted by any third parties arising out of or in any way connected with, directly or indirectly, any violation of Environmental Laws arising out of the use ofthe Premises by Tenant. In no event shall Tenant be liable for the presence of Hazardous Substances or violations of Environmental Laws that existed prior to the Commencement Date ("Pre-Existing Environmental Conditions"), except to the extent any Losses associated with such Pre-Existing Environmental Conditions are caused by Tenant's negligent acts or intentional misconduct.

11.3 Survival. The provisions of this Section 11 shall survive the expiration or termination of this Lease for a period of seven (7) years.

SECTION 12. TENANT DISCLOSURES AND REPRESENTATIONS

12.1 Business Relafionships. Tenant acknowledges (A) receipt of a copy of Section 2-156-030 (b) of the Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relationship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (C) notwithstanding anything to the contrary contained in this Lease, that a violation of Section 2-156-030 (b) by an elected official, or any person acting at the direction of such official, with respect to any transaction contemplated by this Lease shall be grounds for temiination of this Lease and the transactions contemplated hereby. Tenant hereby represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Lease or the transactions contemplated hereby.

12.2 Patriot Act Certification. Tenant represents and warrants that neither Tenant nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable

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law, rule, regulation, order or judgment, the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to Tenant that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Tenant, and a person or enfity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.

12.3 Prohibition on Certain Contributions-Mayoral Execufive Order No. 2011-4. Tenant agrees that Tenant, any person or entity who directly or indirectly has an ownership or beneficial interest in Tenant of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Tenant's contractors (i.e., any person or enfity in direct contractual privity with Tenant regarding the subject matter of this Lease) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and doniestic partners of such Sub-owners (Tenant and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribution of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Lease by Tenant, (ii) while this Lease or any Other Contract is executory, (iii) during the temi of this Lease or any Other Contract between Tenant and the City, or (iv) during any period while cm extension of this Lease or any Other Contract is being sought or ncgofiated. This provision shall not apply to contributions made prior to May 16, 2011, the effective date of Executive Order 2011-4.

Tenant represents and warrants that from the date the City approached the Tenant or the date Tenant approached the City, as applicable, regarding the formulation of this Lease, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.

Tenant agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contribufions to the Mayor or to his political fundraising committee.

Tenant agrees that the Identified Parties must not engage in any conduct whatsoever designed to intenfionally violate this provision or Mayoral Execufive Order No. 2011-4_or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4.

Notwithstanding anything to the contrary contained herein. Tenant agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Lease, and under any Other Contract for which no opportunity to

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cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including, without limitation, termination for default) under this Lease, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.

If Tenant intentionally violates this provision or Mayoral Execufive Order No. 2011-4 prior to the closing of this Lease, the City may elect to decline to close the transaction contemplated by this Lease.

For purposes ofthis provision:

"Bundle" means to collect contributions from more than one source which arc then delivered by one person to the Mayor or to his polifical fundraising committee.

"Other Contract" means any other agreenient with the City of Chicago to which Tenant is a party that is (i) formed under the authority of chapter 2-92 ofthe Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City ofchicago.

"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.

Individuals are "Domestic Partners" if they satisfy the following criteria:

(A) they are each other's sole doniestic partner, responsible for each other's common welfare; and

(B) neither party is married; and (C) the partners are not related by blood closer than would bar

marriage in the State of Illinois; and (D) each partner is at least 18 years of age, and the partners are the

sartie sex, and the partners reside at the same residence; and (E) two of the following four conditions exist for the partners:

1. The partners have been residing together for at least 12 months.

2. The partners have common or joint ownership of a residence.

3. The partners have at lea.st two of the following arrangements: a. joint ownership of a motor vehicle; b. a joint credit account; c. a joint checking account; d. a lease for a residence identifying both domestic

partners as tenants.

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4. Each partner identifies the other partner as a priniary beneficiary in a will.

"Political fundraising committee" means a "polifical fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.

12.4 Waste Ordinance Provisions. In accordance with Section ll-4-1600(e) ofthe Municipal Code of Chicago, Tenant warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Sections"). During the period while this Lease is executory. Tenant's, any general contractor's or any subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Lease, constitutes a breach of and an event of default under this Lease, for which the opportunity to cure, if curable, will be granted only at the sole designation of the Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Lease, at law or in equity. This secfion does not limit Tenant's, general contractor's and its subcontractors' duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Lease. Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Lease, and may further affect the Tenant's eligibility for future contract awards.

12.5 Failure to Maintain Eligibility to do Business with City. Failure by Tenant or any controlling person (as defined in Section 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of this Lease and the transactions contemplated thereby. Tenant shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.

12.6 Cooperation with Inspector General and Legislative Inspector General. It is the duty of every officer, employee, department, agency, contractor, subcontractor, user of real property and tenant of the City, and every applicant for certificafion of eligibility for a City contract or program, to cooperate with the City's Legislafive Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, ofthe Municipal Code of Chicago. Tenant understands and will abide by all provisions of Chapters 2-55 and 2-56 ofthe Municipal Code of Chicago.

12.7 Shalcnian Prohibitions.

(i) The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the August 16, 2007 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organizafion of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.

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. (ii) Tenant is aware that City policy prohibits City employees from directing any individual to apply for a position with Tenant, either as an employee or as a subcontractor, and from directing Tenant to hire an individual as an employee or as a subcontractor. Accordingly, Tenant must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Tenant under this Lease are employees or subcontractors of Tenant, not employees of the City of Chicago. This Lease is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Tenant.

(iii) Tenant will not condition, base, or knowingly prejudice or affect any term or aspect to the employment of any personnel provided under this Lease, or offer employment to any individual to provide services under this Lease, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organizafion or party, political support or activity, polifical financial contribufions, promises of such political support, activity or financial contribudons, or such individual's political sponsorship or recommendation. For purposes of this Lease, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political acfivities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.

(iv) In the event of any communication to Tenant by a City employee or City official in violation of Secfion 12.7(ii) above, or advocating a violation of Secfion 12.7(iii) above, Tenant will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Secfion of the City's Office ofthe Inspector General ("IGO Hiring Oversight"), and also to the head ofthe relevant City Department utilizing services provided under this Lease. Tenant will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to the contract.

[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

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.IN WITNESS WHEREOF, the Parties have executed this Lease as ofthe day and year •first above written.

LANDLORD:

CITY OF CHICAGO, an Illinois Municipal Corporafion and Home Rule Unit of Government

DEPARTMENT OF PLANNING AND DEVELOPMENT

By:. Commissioner

DEPARTMENT OF FLEET AND FACILITY MANAGEMENT

By:.... Commissioner

APPROVED AS TO FORM AND LEGALITY: BY: THE DEPARTMENT OF LAW

By: Deputy Corporation Counsel

Real Estate Division

TENANT:

PETERSON GARDEN PROJECT, INC. NFP an Illinois Not-for-Profit Corporation

By:

Name:

Its:

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EXHIBIT A

LEGAL DESCRIPTION OF PREMISES (Subject to Survey and Title CommitmenI)

LOTS 1 THROUGH 11 IN KNAPP'S BIRCHWOOD ADDITION TO ROGERS PARK, A SUBDIVISION OF THE NORTHEAST % AND THAT PART OF THE NORTHWEST 'A LYING EAST OF RIDGE ROAD OF SECTION 31 AND ALSO THE WEST Yi OF THE NORTHWEST % OF SECTION 32 AND ALSO ALL OF SECTION 30, LYING SOUTH OF THE INDIAN BOUNDARY LINE, ALL IN TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS.

PINs: 11-30-405-001 11-30-405-009

Address: 7519 North Ashland Avenue

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EXHIBIT B

USE OF PREMISES

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7519 North Ashland Avenue •Peterson Garden Project, Inc. NFP Lease No. 20308

SECTION 2: This Ordinance shall be effective from and after the date of its

passage and approval.

C I T Y OF C H I C A G O ECONOMIC D I S C L O S U R E STATEMENT

AND A F F I D A V I T

SECTION I ~ G E N E R A L INFORMATION

A. Legal name ofthe Disclosing Party submitfing this EDS. Include d/b/a/ i f applicable:

Peterson Garden Project, Inc. NFP

Check ONE ofthe following three boxes:

Indicate whether the Disclosing Party submitting this EDS is: 1. [X ] the Applicant

OR 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 with a right of control (see Section II .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: 4642 N Francisco, Chicago, IL 60625

C. Telephone: 773-520-6300 Fax: Email: [email protected]

D. Name of contact person: Lester G Palmiano

E. Federal Employer Identification No. (if you have one):'

F. Brief 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):

Regarding the leasing of property located on the NW corner of Howard and Ashland for use of a

community garden

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

Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:

Specification # and Contract #

Ver. 09-01-10 Page I of 13

SECTION II ~ D I S C L O S U R E OF OWNERSHIP INTERESTS

A. NATURE OF THE DISCLOSING PARTY

1. Indicate the nature of the Disclosing Party:

Person [ ] Limited liability company Publicly registered business corporation [ ] Limited liability partnership Privately held business corporation [ ] Joint venture Sole proprietorship [X ] Not-for-profit corporation General partnership (Is the not-for-profit corporation also a 501(c)(3))? Limited partnership [X ] Yes [ ] No Trust [ ] Other (please specify)

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

Illinois

3. For legal entities not organized in the State of Illinois: Has the organizafion registered to do business in the State of Illinois as a foreign entity?

[ ] Yes [ ] No [X ] N/A

B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:

I . List below the full names and titles of all executive officers 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 the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, 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 Title LaManda Minikel President

Lester Palmiano VP

Jason Lundy Secretary

Rebecca Gerchenson Treasurer

2. Please provide the following informafion concerning each person or enfity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint 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 enfity. I f none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve ful l disclosure.

Name Business Address Percentage Interest in the Disclosing Party

None

SECTION III ~ BUSINESS RELATIONSHIPS WITH 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 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?

[ ] Yes [X ] No

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

SECTION IV ~ DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED P A R T I E S

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 with the Matter, as well as the nature ofthe relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.

"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 enfity any part of whose duties as an employee of 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 retained or anticipated Address to be retained)

Relafionship to Disclosing Party (subcontractor, attorney, lobbyist, etc.)

Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response.

(Add sheets i f necessary)

[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

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

A. COURT-ORDERED CHILD SUPPORT COMPLIANCE

Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.

Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[ ] Yes [X ]No [ ] No person directly or indirecfiy owns 10% or more ofthe Disclosing Party.

I f "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?

[ ] Yes [ ] N o

B. FURTHER CERTIFICATIONS

I . Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), ifthe Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.

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 . I . 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 government;

b. have not, within a five-year period preceding the date ofthis EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transacfion 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 governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. ofthis Section V;

d. have not, within 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, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.

3. The certifications in subparts 3, 4 and 5 concern:

• the Disclosing Party; • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in

connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirecfiy: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, pr, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;

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 ofMunicipal Code Section 2-92-610 (Living Wage Ordinance).

4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department ofthe Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Enfity 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) of the Municipal Code.

7. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:

Page 6 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party cerfified to the above statements.

8. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").

None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also iist the name of the City recipient.

None

C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION

1. The Disclosing Party certifies that the Disclosing Party (check one)

[ ] is M is not

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

2. Ifthe Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"We are not and will 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 wil 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 of the privilege of doing business with 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):

NONE

Page 7 of 13

Ifthe letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party cerfified to the above statements.

D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS

Any 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 with Section 2-156-110 ofthe Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes No

NOTE: I f you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. I f you 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 official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning ofthis Part D.

Does the Matter involve a City Property Sale?

[ ] Yes XI No

3. I f you 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:

Name Business Address Nature of Interest

4. The Disclosing Party further cerfifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.

E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS

Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by 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 all records of the Disclosing Party and any and all predecessor entifies regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI - C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED MATTERS

NOTE: I f t h e Matter is federally funded, complete this Secfion VI . I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.

A. CERTIFICATION REGARDING LOBBYING

I . List below the names of all persons or enfities 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):

NONE

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under theXobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party wifn respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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 of the statements and information set forth in paragraphs A . I . and A.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in secfion 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organizafion described in secfion 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "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 . I . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.

B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY

I f the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.

Is the Disclosing Party the Applicant?

&<| Yes [ ] No

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 regulafions? (See 41 CFR Part 60-2.)

MYes [ ] 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 filing requirements?

XI 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:

Peterson Garden Project is exempt from the affirmative action program pursuant to 41

CFR 60-2.1(b) because it has less than 50 employees.

Page 10 of 13

SECTION V I I - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, C O M P L I A N C E , PENALTIES, DISCLOSURE

The Disclosing Party understands and agrees that:

A. The certificafions, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connecfion with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

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 enfities seeking City contracts, work, business, or transacfions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.

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 with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's parficipation in the 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 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 ofthe information provided on this EDS and any attachments 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 or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

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 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 Arficle 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 eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.

The Disclosing Party represents and warrants that:

Page I I of 13

F. 1. The Disclosing Party is not delinquent in the paymem of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entifies 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 Affiliated Entities wi l l not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Patties 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 from any contractors/subcontractors hired or to be hired in connection with the Matter certificafions equal in form and substance to those in F . l . and F.2. above and wi 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 reason to believe has not provided or cannot provide tmthful certifications.

NOTE: I f the Disclosing Party cannot certify as to any of the litems in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: ( I ) warrants that he/she is authorized to execute this EDS and Appendix A (if 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 true, accurate and complete as of the date fumished to the City.

Peterson Garden Project, Inc. NFP (Print OT type namp^f EHg^losing Party)

Lester G Palmiano (Print or type name of person signing)

VP/Business Manager (Print or type title of person signing)

Signed and swom to before rae on (date) c^^^^^^ 7^ Z o i H *t C-OoV County, [ i - L : .v-^v"s (state).

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m m Page 12 of 13

CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT

APPENDIX A

FAMILIAL RELATIONSHIPS WITH E L E C T E D CITY OFFICIALS AND DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

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 "familial relationship" with any elected city official or department head. A "familial relafionship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all execufive officers of the Disclosing Party listed in Section U.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partaers ofthe Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, ifthe Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.

Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?

[ ] Yes [ X ] No

If yes, please idenfify below (1) the name and fitle of such person, (2) the name of the legal entity to which such person is cormected; (3) the name and title of the elected city official or department head to whom such person has a familial relafionship, and (4) the precise nature of such familial relationship.

Page 13 of 13

City of Chicago



O2014-1178

^;:Meetlng;Date: ^.yM--^'^:-; ;;!;.Sp6n^or(s):

Title:

Cbmmittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

License agreement with Franciscan Outreach Association for access to space at 10 S Kedzie Ave Committee on Housing and Real Estate

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R A H M E M A N U E L MArOR


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

February 5, 2014



At the request of the Commissioner of Fleet and Facility Management, 1 transmit herewith ordinances authorizing the execution of lease and license agreements.


Very truly yours,

Mayor

O R D I N A N C E


SECTION 1: On behalf of the City of Chicago as Licensor, the Commissioner of the Department of Fleet and Facility Management and the Commissioner of the Department of Family and Support Services are authorized to execute a License Agreement with Franciscan Outreach Association, as Licensee, governing access to space located at 10 South Kedzie Avenue; such License Agreement to be approved as to form and legality by the Corporation Counsel in substantially the following form:

AGREEMENT NO. 20289

LICENSE AGREEMENT

THIS LICENSE AGREEMENT (the "Agreemenf) is made and entered into this __ day of 2014 (the "Commencement Date"), by and between THE CITY

OF CHICAGO, an Illinois Municipal Corporation and Home Rule Unit of Govemment (herein referred to as the "Licensor" or the "City") and FRANCISCAN OUTREACH ASSOCIATION, an Illinois Not-for-Profit Corporation (hereinafter referred to as the "Licensee").

R E C I T A L S

WHEREAS, Licensor is the owner of the building located at 10 South Kedzie Avenue which is comprised of approximately 62,660 square feet of space, is more commonly known as the Garfield Park Community Center, and is located at 10 South Kedzie Avenue, Chicago, Illinois (the "Building"); and

WHEREAS, Licensor's Department of Family and Support Services has selected Licensee to perfomi certain services as outlined in the Delegate Agency Grant Agreement attached hereto and made a part hereof as Exhibit A; and

WHEREAS, Licensor has agreed to provide Licensee with access to approximately 1,400 square feet of office space located in Room 129 ofthe Building as depicted on Exhibit B attached hereto and made a part hereof (the "Premises") together with non-exclusive access to an adjacent parking lot to be used by Licensee as provided herein solely for the purpose of administering the Delegate Agency Grant Agreement and for no other purpose.

NOW THEREFORE, in consideration of the covenants, terms and conditions set forth herein, the parties hereto agree and covenant as follows:

SECTION 1. GRANT

Licensor hereby provides Licensee with access to the following described premises (as legally described in Exhibit C attached hereto and made a part hereof) situated in the City of Chicago, County of Cook, State of Illinois, to wit:

Room 129 of 10 South Kedzie Avenue comprised of approximately 1,400 square feet of space together with non-exclusive access to an adjoining parking lot all located at 10 South Kedzie Avenue, Chicago, Illinois (part of PIN 16-14-203-047).

SECTION 2. TERM

2.1 Term. The term of this Agreement (the "Term") shall begin on the Commencement Date and shall terminate on December 31, 2016, unless sooner terminated as set forth in this Agreement.

AGREEMENT NO. 20289

SECTION 3. RENT, TAXES, AND UTILITIES

3.1 Rent. Licensee shall pay rent to Licensor for access to the Premises the amount of

One Dollar ($1.00) for the entire Term with the receipt and sufficiency of said sum hereby acknowledged by both parties.

3.2 Operating Costs. Licensee shall reimburse Licensor's Operating Costs for the Premises pursuant to Section 3.2.a below. Such Operating Costs are only reimbursement for Licensor's costs required by Licensor to operate the Building and the Premises for public benefit, and not as rent or profit for Licensor.

a. Calculation of Operating Costs. Licensee shall pay to Licensor Operating Costs (as hereinafter defined) incurred by Licensor with regards to Licensee's proportionate use ofthe Building (the "Proportionate Use"). This Proportionate Use shall be based on the square footage of the Premises divided by the Building's total square footage. The Building's total square footage is approximately 62,660 square feet and the Premises square footage is approximately 1,400 square feet or 2.23% of the Building's total square footage. "Operating Costs" shall be based on Licensee's 2.23% Proportionate Use. Operating Costs shall include (i) all utilities (including, but not limited to gas, electricity, and water), (ii) security services, (iii) landscaping and snow removal, and (iv) Licensee's allocable share of other costs incurred by Licensor in operating the Building (excluding any capital improvements that may be required). For 2014, Licensee's Operating Costs are estimated to be, and Licensee shall inifially pay, $690.29 per month (subject to subsequent accounting and adjustment which may serve to increase or decrease these estimated Operating Costs). The estimated monthly Operating Costs are set forth in Exhibit D and are subject to future adjustments.

b. Reimbursement Procedure. Operating Costs shall be paid to Licensor at the City of Chicago, Department of Finance, Warrants for Collecfion, City Hall, 121 North LaSalle Street, Room 107, Chicago, Illinois 60602 or at such place as Licensor may from fime to time designate in writing to Licensee. Licensor shall invoice Licensee for such Operating Costs on a monthly basis. In the event that Licensee does not receive such invoice from Licensor, Licensee shall contact Licensor. Licensor's failure to invoice Licensee for Operating Costs or other expenses does not constitute a waiver of payment of any such charges.

3.3 Utilities. Licensor shall pay for gas, electricity, and water supplied to the Building. Licensee shall pay when due all charges for any applicable telephone or other communication service provided to the Premises for Licensee's use.

3.4 Taxes. In the event that or Leasehold taxes are ever assessed against the Premises as a result of Licensee's tenancy. Licensee shall pay when due any leasehold taxes, penalties, and interest assessed or levied on Licensee's portion of the Premises without reimbursement or other setoff from Licensor. Licensee acknowledges that leasehold taxes are one (1) year in arrears in Cook County and that as a result Licensee will be responsible for satisfaction of all leasehold taxes, penalties, and interest assessed or levied on the subject Premises at least one

AGREEMENT NO. 20289

year after Licensee vacates the Premises. Notwithstanding the foregoing, nothing contained herein shall preclude Licensee from contesting any charge or tax levied against the Premises. The failure of Licensee to pay such taxes, interest, and penalties during the pendency of the contest shall not constitute a default under this Agreement. Licensee's tax responsibilities under this section shall survive the expiration, cancellation, or termination of this Agreement, but payment may be a requirement for contesting such taxes.

3.5 Accord and Satisfaction. No payment by Licensee or receipt by Licensor of a lesser amount than any installment or payment of Operating Costs or other costs due hereunder shall be deemed to be other than on account ofthe amount due, and no endorsement of statement or any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction. Licensor may accept such check or payment without prejudice as to Licensor's right to recover the balance of such installment or payment to pursue any other remedies available to Licensor.

SECTION 4. CONDITION AND ENJOYMENT OF PREMISES, ALTERATIONS AND ADDITIONS, SURRENDER

4.1 Covenant of Quiet Enjovment. Licensor covenants and agrees that Licensee, upon paying the rent. Operating Costs, and upon observing and keeping the covenants, agreements, and condifions of this Agreement on its part to be kept, observed, and performed, shall lawfully and quietly hold, occupy, and enjoy the Premises (subject to the provisions of this Agreement) during the Term without hindrance or molestation by Licensor or by any person or persons claiming under Licensor.

4.2 Maintenance. Licensor shall take reasonable efforts to maintain the Building and the Premises in a condition of good repair and good order. Licensee shall notify Licensor regarding any issues with maintenance of the Premises and/or Building. Licensee shall also notify Licensor regarding any issues with other services provided to the Premises and/or Building by Licensor or through Licensor's contractors. Licensor shall be responsible for resolving any building code violations issued on the Building and/or Premises. In the event such building code violations were caused or triggered by Licensee, Licensee shall resolve such issues at Licensee's cost or Licensor can perform such repairs subject to reimbursement from Licensee.

4.3 Licensor's Right of Access. Licensor shall have the right of reasonable access to the Premises and/or Building, upon reasonable prior written notice to Licensee, for the purpose of inspecting and making Licensor repairs to the Premises and/or the Building and for the purposes of monitoring Licensee's compliance with the Delegate Agency Grant Agreement. Licensor shall always have access to the Premises and/or Building in the event of maintenance or security emergencies.

4.4 Use of the Premises. Licensee shall not use the Premises in a manner that would violate any law. Licensee further covenants not to do or suffer any waste or damage any portion of the Premises and/or Building, and to comply in all respects with the laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governmental departments which may be applicable to the Premises or to the use or manner of use of the

AGREEMENT NO. 20289

Premises disfigurement or injury to any building or improvement on the Premises, or to fixtures and equipment thereof Any activities on the Premises must be limited to services provided by Licensee pursuant to the Delegate Agency Grant Agreement. All such activities must be provided consistent with Licensee's not-for-profit purposes and so as to lessen the burdens of government by providing such social care services.

4.5 Alterations and Additions. Licensee may make alterations, additions, and improvements on the Premises. Any such alterations, additions, and improvements shall be in full compliance with the applicable Law, permit requirements, and building codes. In addition. Licensee will comply with all insurance requirements under this Agreement including, but not limited to. Section 6.1 (f). Licensee must obtain the prior written consent of the Commissioner of the Department of Fleet and Facility Management before commencing any alterafions, addifions, and or improvements including, but not limited to, telephone network switch and upgrades. Any additions and improvements shall be without cost to Licensor and shall become property of Licensor at termination without offset or other credit to Licensee. Notwithstanding the foregoing. Licensor shall not have any affirmative obligations to provide any additional services or incur additional costs for code upgrades or code repairs or other improvements to either the Premises or the Building that may be triggered by any of Licensee's alterations, additions, or improvements.

SECTION 5. ASSIGNMENT AND LIENS

5.1 Assignment and Sublease. Licensee shall not assign this Agreement in whole or in part, or sublet the Premises or any part thereof

5.2 Licensee's Covenant against Liens. Licensee shall not cause or permit any lien or encumbrance, whether created by act of Licensee, operation of law or otherwise, to attach to or be placed upon Licensor's title or interest in the Premises or Building. All liens and encumbrances created by Licensee shall attach to Licensee's interest only. In case of any such lien attaching. Licensee shall immediately pay and remove such lien or furnish security or indemnify Licensor in a manner satisfactory to Licensor in its sole discretion to protect Licensor against any defense or expense arising from such lien. Except during any period in which Licensee appeals any judgment or obtains a rehearing of any such lien, or in the event judgment is stayed. Licensee shall immediately pay any judgment rendered against Licensee, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Licensee fails to pay and remove any lien or contest such lien in accordance herewith. Licensor, at its election, may pay and satisfy same, and all sums so paid by Licensor, with interest from the date of payment at the rate set at 12% per annum.

SECTION 6. INSURANCE AND INDEMNIFICATION

6.1 Insurance. Licensee shall procure and maintain at all times at Licensee's own expense, during the term of this Agreement, the insurance coverages and requirements specified below, insuring all operations related to the Agreement with insurance companies authorized to do business in the state of Illinois.

AGREEMENT NO. 20289

The kinds and amounts of insurance required are as follows: a) Workers Compensation and Employers Liability Insurance. Workers

Compensation and Employers Liability Insurance and Occupational Disease Insurance, as prescribed by applicable law, covering all Licensee's employees and Employer's Liability coverage with limits of not less than $500,000 each accident or illness.

b) Commercial Liability Insurance. (Primary and Umbrella). Commercial Liability Insurance or equivalent with limits of not less than $1,000,000 per occurrence, for bodily injury, personal injury, and property damage liability. Coverage extensions shall include the following: All premises and operations, products/completed operations, defense, separation of insureds, and contractual liability (vvith no limitation endorsement). The City of Chicago, its employees, elected officials, agents, and representatives are to be named as additional insureds on a primary, non-contributory basis for any liability arising directly or indirectly from the Agreement.

c) Professional/ Liability. When any professional consultants perform services in the Premises or in connection with Licensee's use ofthe Premises, Liability Insurance covering acts, errors or omissions related to such activities must be maintained with limits of not less than $3,000,000. Coverage must include contractual liability. A claims-made policy which is not renewed or replaced must have an extended reporting period of 2 years. Licensee shall provide Licensor with copies of the professional licenses and/or certificates for each of the professional consultants performing services in the Premises or in connecfion with the Licensee's use of the Premises.

d) Automobile Liability Insurance. (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Licensee shall provide Comprehensive Automobile Liability Insurance with limits of not less than $1,000,000 per occurrence, for bodily injury and property damage.

e) All Risk Property Insurance. All risk property insurance coverage shall be maintained by the Licensee for full replacement value to protect against loss, damage to or destmction ofproperty. The policy shall list the City of Chicago as an additional insured and loss payee.

The Licensee shall be responsible for all loss or damage to personal property (including but not limited to materials, equipment, tools and supplies), owned or rented, by the Licensee.

f) All Risk Builders Risk Insurance. When Licensee undertakes any construction, including improvements, betterments, and/or repairs, the Licensee shall provide All Risk Builders Risk Insurance, at replacement cost, for materials, supplies, equipment, machinery and fixtures that are or will be part of the permanent facility. Coverage shall include but not limited to the following: right to partial occupancy, earth movement, flood including surface water backup and sewer backup and seepage. The City of Chicago shall be named as an additional insured and loss payee.

6.2 Other Terms of Insurance. Licensee will furnish the City of Chicago, Department of Fleet and Facility Management, Office of Real Estate Management, 30 North LaSalle Street,

AGREEMENT NO. 20289

Suite 300, Chicago, Illinois 60602, original Certificates of Insurance evidencing the required coverage to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the Term of this Agreement. The Licensee shall submit evidence on insurance prior to Agreement award. The receipt of any certificates does not constitute agreement by the Licensor that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the Licensor to obtain certificates or other insurance evidence from Licensee shall not be deemed to be a waiver by the Licensee. The Licensee shall advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance shall not relieve Licensee of its obligation to provide Insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the Licensor retains the right to terminate the Agreement until proper evidence of insurance is provided.

The insurance shall provide for 60 days prior written notice to be given to the Licensor in the event coverage is substantially changed, canceled, or non-renewed.

Any and all deductibles or self-insured retentions on referenced insurance coverages shall be borne by Licensee.

Licensee agrees that its insurers shall waive their rights of subrogation against the Licensor of Chicago its employees, elected officials, agents or representatives.

Licensee expressly understands and agrees that any coverages and limits fumished by Licensee shall in no way limit the Licensee's liabilifies and responsibilities specified within the Agreement documents or by law.

Licensee expressly understands and agrees that any insurance or self-insurance programs maintained by the City of Chicago shall apply in excess of and not contribute with insurance provided by the Licensee under the Agreement.

The required insurance shall not be limited by any limitafions expressed in the indemnification language herein or any limitation placed on the indemnity therein given as a matter of law. The City of Chicago, Department of Finance, Office of Risk Management, maintains the right to modify, delete, alter or change these requirements.

6.3 Licensee's Indemnificafion. Licensee shall indemnify, defend, and hold Licensor harmless against all liabilities, judgments, amounts paid in settlement, arbitration or mediation awards, costs, damages, and expenses (including reasonable attorney's fees, expenses, and court costs), whether such claim is related to or arises from personal injury or property damage which may be expended by or accrue against, be charged to, or be recovered from Licensor or Licensee by reason of Licensee's performance of or failure to perform any of Licensee's obligations , or Licensee's negligent acts or failure to act under this Agreement, or resulting from the acts or failure to act of Licensee's contractors invitees, agents, or employees or from any liability arising from access to the Premises or the Building by any of Licensee's contractors, invitees,

AGREEMENT NO. 20289

agents, or employees or any third parties seeking services from Licensee under the Delegate Agency Grant Agreement. SECTION 7. DAMAGE OR DESTRUCTION

7.1 Damage or Destruction. If the Premises and/or the Building are damaged or destroyed or a casualty to such extent that Licensee caimot continue, occupy or conduct its normal business therein, or if, in Licensee or Licensor's opinion, the Premises and/or Building cannot be occupied, either Licensor or Licensee shall have the option to declare this Agreement terminated as of the date of such damage or destruction by giving the other party written notice of such exercise. If either party exercises this option. Licensee shall cease operations immediately and the Operating Costs shall be apportioned as of the date of such damage or destruction. Licensor shall repay to Licensee any prepaid Operating Costs.

SECTION 8. CONFLICT OF INTEREST AND GOVERNMENTAL ETHICS

8.1 Conflict of Interest. No official or employee of the City of Chicago, nor any member of any board, commission or agency of the Cily of Chicago, shall have any financial interest (as defined in Chapter 2-156 of the Municipal Code), either direct or indirect, in the Premises. Nor shall any such official, employee, or member participate in making or in any way attempt to use her or his position to influence any City governmental decision or action with respect to this Agreement.

8.2 Duty to Comply with Govemmental Ethics Ordinance. Licensor and Licensee shall comply with Chapter 2-156 of the Municipal Code of Chicago, "Govemmental Ethics," including but not limited to section 2-156-120, which slates that no payment, gratuity, or offer of employment shall be made in connection with any Cily of Chicago contract as an inducement for the award of that contract or order. Any contract negotiated, entered into, or performed in violation of any of the provisions of Chapter 2-156 shall be voidable as to the Cily of Chicago.

SECTION 9. HOLDING OVER

9.1 Holding Over. Any holding over by Licensee shall be construed to be a tenancy from month to month beginning on January 1, 2017 and the rent and Operating Costs will be the same as outlined in Section 3.1 and Section 3.2 of this Agreement. During any holding over, all other provisions of this Agreement shall remain in full force and effect.

SECTION 10. MISCELLANEOUS

10.1 Nofice. All notices, demands and requests which may be or are required to be given, demanded or requested by either party to the other shall be in writing. All notices, demands and requests by Licensee to Licensor shall be delivered by national overnight courier or shall be sent by United States registered or certified mail, retum receipt requested, postage prepaid addressed to Licensor as follows:

City of Chicago Department of Family and Support Services

AGREEMENT NO. 20289

1615 West Chicago Avenue Chicago, Illinois 60622 With a copy to:

City of Chicago Department of Fleet and Facility Management Office of Real Estate Management 30 North LaSalle Street, Room 300 Chicago, Illinois 60602

or at such other place as Licensor may from time to time designate by written notice to Licensee. All notices, demands, and requests by Licensor to Licensee shall be delivered by a national overnight courier or shall be sent by United States registered or certified mail, retum receipt requested, postage prepaid, addressed to Licensee as follows:

Franciscan Outreach Association 1645 West Lemoync Street Chicago, Illinois 60622

or at such other place as Licensee may from time to time designate by written notice to Licensor. Any notice, demand or request which shall be served upon Licensee by Licensor, or upon Licensor by Licensee, in the manner aforesaid, shall be deemed to be sufficiently served or given for all purposes hereunder at the time such notice, demand or request shall be mailed.

10.2 Partial Invalidity. If any covenant, condition, provision, term or agreement of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining covenants, conditions, provisions, terms and agreements of this Agreement shall not be affected thereby, but each covenant, condition, provision, term or agreement of this Agreement shall be valid and in force to the fullest extent permitted by law.

10.3 Goveming Law. This Agreement shall be constmed and be enforceable in accordance with the laws of the State of Illinois.

10.4 Entire Agreement. All preliminary and contemporaneous negotiations are merged into and incorporated in this Agreement. This Agreement contains the entire agreement between the parties and shall not be modified or amended in any manner except by an instrument in writing executed by the parties hereto.

10.5 Captions and Section Numbers. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, constme or describe the scope or intent of such sections of this Agreement nor in any way affect this Agreement.

10.6 Binding Effect of Agreement. The covenants, agreements, and obligations contained in this Agreement shall extend to, bind, and inure to the benefit of the parties hereto and their legal representatives, heirs, successors, and assigns.

AGREEMENT NO. 20289

10.7 Time is of the Essence. Time is of the essence of this Agreement and of each and every provision hereof.

10.8 No Principal/Agent or Partnership Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto.

10.9 Authorization to Execute Agreement. The parties executing this Agreement hereby represent and warrant that they are duly authorized and acting representatives of Licensor and Licensee respectively and that by their execution of this Agreement, it became the binding obligation of Licensor and Licensee respectively, subject to no confingencies or conditions except as specifically provided herein.

10.10 Termination of Agreement. Licensor and Licensee shall have the right to terminate this Agreement for any reason by providing each other with ninety (90) days prior written notice at any time after the Commencement Date. In addition, this Agreement shall automatically terminate in the event that the Licensor is unable to appropriate funding for Licensee as required under the Delegate Agency Grant Agreement. In the event of such non-appropriation, this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriafion was made or whenever the funds appropriated for payment under the Delegate Agency Grant Agreement are exhausted.

10.11 Force Majeure. When a period of time is provided in this Agreement for cither party to do or perform any act or thing, the party shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, wars, govemmental regulation or control, and other causes beyond the reasonable control of the party, and in any such event the time period shall be extended for the amount of time the party is so delayed.

10.12 Licensee Default. Licensee must adhere to all provisions of this Agreeinent. Failure of Licensee to adhere to all provisions of this Agreement will result in default. In the event of such default. Licensor will nofify Licensee in writing as to the circumstances giving rise to such default. Upon written receipt of such notice. Licensee must cure such default within thirty (30) days. If Licensee does not cure such default within thirty (30) days. Licensor may cancel this Agreement with thirty (30) days written notice. A default under the Delegate Agency Grant Agreement (after lapse of any notice and cure period provided for thereunder) shall also constitute an immediate default under this Agreement (with no additional notice or cure period).

10.13 No Brokers. Licensee warrants to Licensor that no broker or finder (a) introduced Licensee to the Prem,ises, (b) assisted Licensee in the negotiation of this Agreement, or (c) dealt with Licensee on Licensee's behalf in connection with the Premises or this Agreement. Licensor warrants to Licensee that no broker or finder (a) introduced Licensor to Licensee, (b) assisted Licensor in the negotiation of this Agreement, or (c) deah with Licensor on Licensor's behalf in connection with the Premises or this Agreement. Any and all payments due from Licensee to Licensor under this Agreement shall be paid directly to Licensor.

AGREEMENT NO. 20289

10.14 Amendments. From time to time, the parties hereto may administratively amend this Agreement with respect to any provisions reasonably related to Licensee's use of the Premises and/or Licensor's administration of this Agreement, including, but not limited to, leasehold expansion or reduction within the Building and space remeasurement. Provided, however, that such Amendment(s) shall not serve to extend the Term hereof nor serve to otherwise materially alter the essential provisions contained herein. Such Amendment(s) shall be in writing, shall establish the factual background necessitating such alteration, shall set forth the terms and conditions of such modification, and shall be duly executed by both Licensor and Licensee. Such Amendment(s) shall only take effect upon execution by both parties. Upon execution, such Amendment(s) shall become a part of this Agreement and all other provisions of this Agreement shall otherwise remain in full force and effect.

10.15 Compliance with Delegate Agency Grant Agreement. Licensee shall at all fimes be in compliance with the Delegate Agency Grant Agreement or any agreements entered into between Licensee and Licensor's Department of Family and Support Services relative to the Premises and/or Building.

10.16 Access to Parking Lot. Licensee, its agents, employees, licensees, contractors, clients, and invitees shall have non-exclusive access to the rear parking lot of the Building on a first-come first-served basis. Such use of the rear parking lot shall be subject to all rules in place, or hereinafter in place, goveming the access to the rear parking lot. Licensee acknowledges that Licensor may from time to time lease parts of the parking lot to other parties. Licensor and Licensee acknowledge that in fulfilling Licensor and Licensee's public benefit mission, the parking lot is provided primarily for the benefit of Licensor's clients and Licensee's clients and not as staff parking.

10.17 Existing Furniture. Licensee may use any fumiture belonging to Licensor and located within the Premises. Licensor shall retain ownership of such furniture and equipment.

10.18 No Other Rights. The execution of this Agreement does not give Licensee any other right with respect to the Premises and/or Building. Any rights not expressly granted to Licensee through this Agreement are reserved exclusively to Licensor. Unless otherwise specified in this Agreement, execufion of this Agreement does not obligate Licensor to undertake any additional duties or services.

10.19 Municipal Marketing Efforts. The City shall have the right to install digital advertising sign on the adjoining parking lot or on the Building as part of the City's municipal marketing efforts, subject to the separate approval of City Council.

10.20 No Construction against Preparer. This .Agreement shall not be interpreted in favor of either the Licensor or Licensee. Licensor and Licensee acknowledge that both parties participated fully in the mutual drafting of this Agreement.

SECTION 11. RESPONSIBILITIES OF LICENSEE

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AGREEMENT NO. 20289

11.1 Licensee Inspection. Licensee has inspected the Premises, the Building, and all related areas and grounds. Licensee is satisfied with the physical condition thereof Licensee accepts the Premises and the Building in "as-is" condition.

11.2 Custodial Services. Licensee shall be responsible for providing custodial services to the Premises. Custodial services shall include, but shall not be limited to, cleaning, washing, emptying wastepaper baskets, and sweeping. At a later date. Licensee may opt into Licensor's custodial service. In such event, custodial services shall be included as reimbursable Operating Costs.

11.3 Access to Public Shelter Space. Licensee shall have non-exclusive access to the approximately 2,430 square feet public homeless shelter space (the "Shelter") located on the 1 ' floor of the Building as identified on Exhibit B. The Shelter shall be used by clients of the Licensor's Department of Family and Support Services, by Licensee's clients, and by members of the general public. Licensee shall not be required to pay Operating Costs allocable to the Shelter. Licensee's use of the Shelter shall, however, be subject to all of the other terms and conditions of this Agreement.

11.4 General Condition. Licensee shall keep the Premises in a sanitary condition, free of insects, rodents, vermin, and other pests. Licensee shall be responsible for payment of any extermination services that may be required to resolve any issues that may arise from Licensee's failure to maintain the Premises in a sanitary condition, free of insects, rodents, vermin, and other pests.

11.5 Use of Phone Lines and Data Lines. Where possible. Licensee shall use Licensor's existing phone and data lines for Licensee's phone and data lines. If Licensee requires additional or new phone or data lines. Licensee shall pay for all costs required for such addifional or new phone or data lines. Licensee shall also be responsible for removal or relocation of any City phone or data lines that may be required for installation of Licensee's equipment. In the event that that Licensee uses the City's phone lines or data lines. Licensor's cost for such phone lines shall be included as a fully reimbursable Operating Cost per Section 3.3 of this Agreement.

11.6 Security. Licensor shall provide security for the Building and the Premises. Licensee shall secure Licensee's property located within the Premises. Licensor's security costs shall be included as reimbursable Operating Costs. Licensee shall abide by any security mles that may apply to the Building and/or the Premises.

11.7 Security Procedures. Licensor shall provide Licensee with a key and, if applicable, a security code, for Licensee's access to the Building entrance and the Premises. If Licensee desires to access the Premises or Building before the Building opens or after it closes, it shall be the Licensee's responsibility to open and close the Building and Premises.

11.8 Repairs for Licensee Negligence, Vandalism, or Misuse. Licensee shall assume responsibility for any repairs to the Premises and/or Building necessitated by the negligence, vandalism, or misuse of the Premises and/or Building or equipment therein by Licensee's employees, invitees, agents, clients, or contractors.

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AGREEMENT NO. 20289

11.9 Fire Extinguishers. Licensor shall provide and maintain fire extinguishers as may be required by applicable code in the Building and the Premises at all times.

11.10 Signage. Licensee may place exterior and interior signage on the Premises and/or Building. Such signage and placement must be approved in writing by the Commissioner of the Department of Fleet and Facility Management.

11.11 Hazardous Materials. Licensee shall keep out of the Premises materials which cause a fire hazard or safety hazard. Licensee shall not store any hazardous materials within the Premises and/or Building. Licensee shall dispose of all medical wastes, if any, at Licensee's cost and in accordance with any applicable laws.

11.12 Illegal Activity. Licensee, or any of its agents or employees, shall not perform or permit any practice that is injurious to the Premises or the Building, is illegal, or increases the rate of insurance on the Premises and/or the Building.

11.13 No Alcohol or Illegal Drugs. Licensee agrees that no alcoholic beverages or illegal drugs of any kind or nature shall be sold, given away, or consumed on the Premises or Building by Licensee's staff, contractors, agents, invitees, or clients.

11.14 Licensing and Permits. For any activity which Licensee desires to conduct on the Premises in which a license or permit is required, said license or permit must be obtained by Licensee prior to using the Premises for such activity. The Department of Family and Support Services and the Department of Fleet and Facility Management must be notified of any such license or permit. Failure to obtain and maintain a required license or permit shall constitute a breach ofthe terms of this Agreement.

11.15 Full Liability. Licensee assumes full legal and financial responsibility and liability for any use of the Premises by Licensee, Licensee's staff, Licensee's contractors, Licensee's agents, invitees, and clients entering the Premises to receive services from Licensee.

11.16 Non-Discrimination. Licensee agrees that Licensee shall not discriminate on the basis of race, color, sex, age, religion, disability, national origin, sexual orientafion, marital status, parental status, military discharge status, immigration status, or source of income with respect to services provided by Licensee on the Premises. Licensee shall not use the Premises for any religious or political purposes.

11.17 Building Rules. Licensee shall comply with all reasonable mles and regulations in place on the Commencement Date or thereafter promulgated in writing by Licensor for the Building including, but not limited to, any parking lot rules and regulations.

11.18 Economic Disclosure Statement and Affidavit Updates. Throughout the Agreement Term and during any holding over periods. Licensee shall provide Licensor with any material updates to the information previously submitted in Licensee's Economic Disclosure Statement and Affidavit. Licensor may also request such updates from time to fime. Failure to provide such information on a timely basis shall constitute a default under this Agreement.

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AGREEMENT NO. 20289

11.19 Trade Fixtures. Licensee shall maintain Licensee's equipment and trade fixtures in the Premises in good condition. Upon the termination or cancellation of this Agreement, Licensee shall remove Licensee's personal property and equipment and shall repair any injury or damage to the Premises and/or the Building resulting from such removal. If Licensee does not remove Licensee's fumiture, machinery, trade fixtures and all other items of personal property. Licensor may, at its option, remove the same and deliver them to any other place of business of Licensee or warehouse the same. Licensee shall pay the cost of such removal, including the repair for such removal, delivery and warehousing, to Licensor on demand, or Licensor may treat such property as being conveyed to Licensor with this Agreement serving as a bill of sale, without further payment or credit by Licensor to Licensee.

11.20 Condition on Surrender. Upon the termination or cancellation of this Agreement, Licensee shall surrender the Premises to Licensor in a comparable or better condition to the condition of the Premises at the beginning of Licensee's occupancy, with normal wear and tear excepted.

SECTION 12. LICENSEE DISCLOSURES AND REPRESENTATIONS

12.1 Business Relationships. Licensee acknowledges (A) receipt ofa copy of Secfion 2-156-030 (b) of the Municipal Code of Chicago, (B) that it has read such provision and understands that pursuant to such Section 2-156-030 (b) it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected City official or employee has a "Business Relafionship" (as defined in Section 2-156-080 of the Municipal Code of Chicago), or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship, and (C) notwithstanding anything to the contrary contained in this Agreement, that a violafion of Section 2-156-030 (b) by an elected official, or any person acfing at the direction of such official, with respect to any transaction contemplated by this Agreement shall be grounds for temiination of this Agreement and the transactions contemplated hereby. Licensee hereby represents and warrants that no violation of Section 2-156-030 (b) has occurred with respect to this Agreement or the transactions contemplated hereby.

12.2 Patriot Act Certification. Licensee represents and warrants that neither Licensee nor any Affiliate thereof (as defined in the next paragraph) is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department ofthe Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment, the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

As used in the above paragraph, an "Affiliate" shall be deemed to be a person or entity related to Licensee that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Licensee, and a person or entity shall be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results

13

AGREEMENT NO. 20289

in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a tmst, a contract or otherwise.

12.3 Prohibifion on Certain Contributions-Mayoral Exccufive Order No. 2011-4. Licensee agrees that Licensee, any person or entity who directly or indirectly has an ownership or beneficial interest in Licensee of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners, Licensee's contractors (i.e., any person or entity in direct contractual privity with Licensee regarding the subject matter of this Agreeinent) ("Contractors"), any person or entity who directly or indirectly has an ownership or beneficial interest in any Contractor of more than 7.5 percent ("Sub-owners") and spouses and domestic partners of such Sub-owners (Licensee and all the other preceding classes of persons and entities are together, the "Identified Parties"), shall not make a contribufion of any amount to the Mayor of the City of Chicago (the "Mayor") or to his political fundraising committee (i) after execution of this Agreement by Licensee, (ii) while this Agreement or any Other Contract is executory, (iii) during the term of this Agreement or any Other Contract between Licensee and the City, or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated. This provision shall not apply to contribufions made prior to May 16, 2011, the effective date of Exccufive Order 2011-4.

Licensee represents and warrants that from the date the City approached the Licensee or the date Licensee approached the City, as applicable, regarding the fonnulation of this Agreement, no Identified Parties have made a contribution of any amount to the Mayor or to his political fundraising committee.

Licensee agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of any amount to the Mayor or to the Mayor's political fundraising committee; (b) reimburse its employees for a contribution of any amount made to the Mayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others to bundle contributions to the Mayor or to his political fundraising committee.

Licensee agrees that the Identified Parties must not engage in any conduct whatsoever designed to intenfionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice, direct or solicit others to intentionally violate this provision or Mayoral Executive Order No. 2011-4.

Notwithstanding anything to the contrary contained herein. Licensee agrees that a violation of non-compliance with, misrepresentation with respect to, or breach of any covenant or warranty under this provision or violation of Mayoral Executive Order No. 2011-4 constitutes a breach and default under this Agreement, and under any Other Contract for which no opportunity to cure will be granted, unless the City, in its sole discretion, elects to grant such an opportunity to cure. Such breach and default entitles the City to all remedies (including, without limitation, termination for default) under this Agreement, under any Other Contract, at law and in equity. This provision amends any Other Contract and supersedes any inconsistent provision contained therein.

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AGREEMENT NO. 20289

If Licensee intentionally violates this provision or Mayoral Executive Order No. 2011-4 prior to the execution of this Agreement, the City may elect to decline to close the transaction contemplated by this Agreement.

For purposes of this provision:

"Bundle" means to collect contribufions from more than one source which are then delivered by one person to the Mayor or to his political fundraising committee.

"Other Contract" means any other agreement with the City of Chicago to which Licensee is a party that is (i) formed under the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease of real or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized by the City Council of the City of Chicago.

"Contribufion" means a "polifical contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.

Individuals are "Domestic Partners" if they satisfy the following criteria:

(A) they are each other's sole domestic partner, responsible for each other's common welfare; and

(B) neither party is married; and (C) the partners are not related by blood closer than would bar

marriage in the State of Illinois; and (D) each partner is at least 18 years of age, and the partners are the

same sex, and the partners reside at the same residence; and (E) two of the following four conditions exist for the partners:

1. The partners have been residing together for at least 12 months.

2. The partners have common or joint ownership of a residence.

3. The partners have at least two of the following arrangements: a. joint ownership of a motor vehicle; b. a joint credit account; c. a joint checking account; d. a lease for a residence identifying both domestic

partners as tenants. 4. Each partner identifies the other partner as a primary

beneficiary in a will.

"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of the Municipal Code of Chicago, as amended.

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AGREEMENT NO. 20289

12.4 Waste Ordinance Provisions. In accordance with Secfion 11-4-1600(e) ofthe Municipal Code of Chicago, Licensee warrants and represents that it, and to the best of its knowledge, its contractors and subcontractors, have not violated and are not in violation of any provisions of Section 7-28 or Section 11-4 of the Municipal Code (the "Waste Secfions"). During the period while this Agreement is executory. Licensee's, any general contractor's or any subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Agreement, constitutes a breach of and an event of default under this Agreement, for which the opportunity to cure, if curable, will be granted only at the sole designation ofthe Chief Procurement Officer. Such breach and default entitles the City to all remedies under the Agreement, at law or in equity. This section does not limit Licensee's, general contractor's and its subcontractor's duty to comply with all applicable federal, state, county and municipal laws, statutes, ordinances and exccufive orders, in effect now or later, and whether or not they appear in this Agreement. Non-compliance with these temis and condifions may be used by the City as grounds for the termination of this Agreement, and may further affect the Licensee's eligibility for future contract awards.

12.5 Failure to Maintain Eligibility to do Business with City. Failure by Licensee or any controlling person (as defined in Secfion 1-23-010 of the Municipal Code of Chicago) thereof to maintain eligibility to do business with the City of Chicago as required by Section 1-23-030 of the Municipal Code of Chicago shall be grounds for termination of this Agreement and the transactions contemplated thereby. Licensee shall at all times comply with Section 2-154-020 of the Municipal Code of Chicago.

12.6 Cooperation with Inspector General and Legislative Inspector General. It is the duty of every officer, employee, department, agency, contractor, subcontractor, user of real property and licensee of the City, and every applicant for certification of eligibility for a City contract or program, to cooperate with the City's Legislative Inspector General and with the City's Inspector General in any investigation or hearing undertaken pursuant to Chapters 2-55 and 2-56, respectively, of the Municipal Code of Chicago. The Licensee understands and will abide by all provisions of Chapters 2-55 and 2-56 of the Municipal Code of Chicago.

12.7 Shakman Prohibitions.

(i) The City is subject to the May 31, 2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and the August 16, 2007 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibit the City from hiring persons as govemmental employees in non-exempt positions on the basis of political reasons or factors.

(ii) Licensee is av.'are that City policy prohibits City em.ployees from directing any individual to apply for a position with Licensee, either as an employee or as a subcontractor, and from directing Licensee to hire an individual as an employee or as a subcontractor. Accordingly, Licensee must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Licensee under this Agreement are employees or subcontractors of Licensee, not employees of the City of Chicago. This Agreement

AGREEMENT NO. 20289

is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Licensee.

(iii) Licensee will not condition, base, or knowingly prejudice or affect any term or term or aspect to the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposifion to political organizations or parties or candidates for elected public office.

(iv) In the event of any communication to Licensee by a City employee or City official in violation of Secfion 12.7(ii) above, or advocating a violafion of Secfion 12.7(iii) above. Licensee will, as soon as is reasonably pracficable, report such communicafion to the Hiring Oversight Section of the City's Office of the Inspector General ("IGO Hiring Oversight"), and also to the head of the relevant City Department utilizing services provided under this Agreement. Licensee will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to the contract.

[SIGNATURES APPEAR ON THE FOLLOWING PAGE]

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AGREEMENT NO. 20289

IN WITNESS WHEREOF, the parties have executed this Agreeinent as of the Commencement Date.

LICENSOR:

THE CITY OF CHICAGO, an Illinois Municipal Corporation and Home Rule Unit of Govemment

DEPARTMENT OF FAMILY AND SUPPORT SERVICES

By: Commissioner

DEPARTMENT OF FLEET AND FACILITY MANAGEMENT

By: Commissioner

APPROVED AS TO FORM AND LEGALITY: BY: DEPARTMENT OF LAW

By: Deputy Corporation Counsel

Real Estate Division

LICENSEE:

FRANCISCAN OUTREACH ASSOCIATION, an Illinois Not-for-Profit Corporation

By:

Name:

Its:

18

EXHIBIT A

DELEGATE AGENCY GRANT AGREEMENT (to come)

EXHIBIT B

DEPICTION OF PREMISES

EXHIBIT C

LEGAL DESCRIPTION OF PREMISES

PART OF LOTS 40 & 41 IN BLOCK 1 OF SUPERIOR COURT PARTITION OF THE EAST Vz OF THE NORTHEAST % OF THE NORTHEAST % OF SECTION 14 TOWNSHIP 39 NORTH, I^VNGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY ILLINOIS.

PIN: 16-14-203-047 (partial)

Common Address: 10 South Kedzie Avenue

EXHIBIT D

ESTIMATED OPERATING COSTS FOR 214

GARFIELD PARK COMMUNITY CENTER 10 SOUTH KEDZIE AVENUE (subject to future adjustments)

Operating Costs Building Annual

Electricity Service $136,581 Gas Service $26,672 Custodial Services excluded {% 174,123) Security Services $178,637 Other Contract Services $29,567

$371,457

10 South Kedzie Avenue Premises = 2.23% of Building 10 South Kedzie Avenue Premises Annual Operating Costs ($371,457 X 2.23%) = $8,283.49 10 South Kedzie Avenue Premises Monthly Operafing Costs ($8,536.82/12) = S690.29

EXHIBIT A

DELEGA TE A GENCY GRANT AGREEMENT (to come)

EXHIBIT B

DEPICTION OF PREMISES

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EXHIBIT C

LEGAL DESCRIPTION OF PREMISES

PART OF LOTS 40 & 41 IN BLOCK 1 OF SUPERIOR COURT PARTITION OF THE EAST Vi OF THE NORTHEAST VA OF THE NORTHEAST % OF SECTION 14 TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY ILLINOIS.

PIN: 16-14-203-047 (partial)

Common Address: 10 South Kedzie Avenue

EXHIBIT D

ESTIMATED OPERATING COSTS FOR 214

GARFIELD PARK COMMUNITY CENTER 10 SOUTH KEDZIE AVENUE (subject to future adjustments)

Operating Costs Building Annual

Electricity Service Gas Service Custodial Services Security Services Other Contract Services

$136,581 $26,672

excluded (S>\1 A,Ml,) $178,637 $29,567

$371,457

10 South Kedzie Avenue Premises = 2.23% of Building 10 South Kedzie Avenue Premises Annual Operating Costs ($371,457 X 2.23%) = $8,283.49 10 South Kedzie Avenue Premises Monthly Operating Costs ($8,536.82/12) = $690.29

10 South Kedzie Avenue Franciscan Outreach Association Agreement No. 20289

SECTION 2: This Ordinance shall be effective from and after the date of its passage and approval.

CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT

AND AFFIDAVIT

SECTION I - GENERAL INFORMATION

A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ i f applicable:

Franciscan Outreach Association

Check ONE of the following three boxes;

Indicate whether the Disclosing Party submitting this EDS is: 1. [x] the Applicant



3. [ ] a legal entity with a right of control (see Secfion ILB.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: 1645 W. LeMoyne St.

Chicago, IL 60622

C. Telephone: (773) 278-6724 Fax: (773) 278-7120 Email: [email protected]

D. Name of contact person: Caria Drumhiller Smith

E. Federal Employer Identification No. (if you have one):

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and locafion ofproperty, if applicable):

License agreement at 10 S. Kedzie

G. Which City agency or department is requesting this EDS? Fleet and Facility Management

I f the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:


Vcr. 01-01-12 Page 1 of 13

SECTION I I - DISCLOSURE OF OWNERSHIP INTERESTS


I . Indicate the nature of the Disclosing Party: ] Person [ ] Limited liability company ] Publicly registered business corporation [ ] Limited hability partnership ] Privately held business corporation [ ] Joint venture ] Sole proprietorship (X] Not-for-profit corporation ] General partnership (Is the not-for-profit corporation also a 501(c)(3))? ] Limited partnership [J Yes [ ] No ] Trust [ ] Other (please specify)

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

Illinois

3. For legal entities not organized in the State of Illinois: Has the organizafion registered to do business in the State of Illinois as a foreign enfity?

[ ] Yes [ ] No [ ] N/A


1. List below the full names and titles of al! executive officers 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 fitleholder(s).

I f tlie entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, 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 Title No members

See attached page 2.1

2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. Examples of such an interest include shares in a corporafion, partnership interest in a partnership or joint venture,

Page 2 of 13

Board of Directors Page 2.1

Board Member Position on Board

Margaret Scanlan Brown Chairman

Brian Moore Deputy Chairman

Philip Doran Director

Brett Galley Director

Kathryn Galley Director

Elinor Hart Director

Russell lacono Director

Geneva Kennedy Director

James Kramer Director

Patrick O'Connor Director

Chris Seth Director

Fr. Ed Shea, OFM Director

Catherine Shriver Director

Elinor Hart Director

Jimmy Lago Director

Patrick Nash Director

Revised Oct 7, 2013

interest ofa member or manager in a limited liability company, or interest ofa beneficiary ofa trust, estate or other similar enfity. I f none, state "None." NOTE: Pursuant to Secfion 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such addifional informafion from any applicant which is reasonably intended to achieve full disclosure.


None

SECTION III - BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D OFFICIALS


[ ] Yes [x] No


SECTION IV ~ DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

The Disclosing Parly must disclose the name and business address ofeach subcontractor, attomey, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.

"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.


Page 3 of 13


Relationship to Disclosing Party (subcontractor, attorney, lobbyist, etc.)

Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "tb.d." is not an acceptable response.


[X] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

SECTION V CERTIFICATIONS


Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City must remain in comphance with their child support obligations throughout the contract's term.


[ ] Yes [x] No [ ] No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] No


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

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 II.B. 1. of this EDS:


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 public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state andtrust 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 govemmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions conceming environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local government.

3. The certifications in subparts 3, 4 and 5 concem:


connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person orentity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any


Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:




d. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).

4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local govemment as a result of engaging in or being convicted of (I) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following 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 List, 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 (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:

None

Page 6 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").

None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed officiaL ofthe City of Chicago. For puiposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.

None



[ ] is [X] 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 not and will 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 will 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 resuU in the loss of the privilege of domg business with 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 predatorj' lender within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages i f necessary):

None

Page 7 of 13




1. In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes [X] No

NOTE: I f you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. I f you 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 official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[ ] Yes [ ] No



4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or em.ployee.


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 with these disclosure requirements may make any contract entered into with 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 the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


SECTION V I ~ CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section VI . I f the Matter is not federally funded, proceed to Section VII. For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.


1. List below the names of all 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 if necessary);

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it wil l be conclusively presumed tliat 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 witli respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. I . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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 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 organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "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 all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.


I f the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writmg at the outset of negotiations.


[ ] Yes [ ] No


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 [ ] No


[ ] Yes [ ] No


[ ] Yes [ ] No

If 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, DISCLOSURE


A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

B. The City's Govemmental 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, or transactions. The 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 City's Board of Ethics, 740 N.


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 with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 Intemet 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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

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 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 Article I of Chapter 1-23 ofthe xMunicipal Code (imposing PERMANENT INELIGIBILITY for certaLi specified,,, offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.


Page 11 of 13

F.l . The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities dehnquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not hmited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 I f the Disclosing Party is the Apphcant, the Disclosing Party and its Affiliated Entities will not use, nor pennit their subcontractors to use, any facility listed by the U.S. E.P.A. on 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 will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications,^

NOTE: I f the Disclosing Party cannot certify as to any of the items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date fumished to the City.

(Print or type name of Disclosing Party)

By: (Sign here)

(Print or type name ofperson signing)

(Print or type title of person signing)

Signed and swom to before me on (date) at ^ ^ o O /rC County, 3Zcc,.^o,j^ (state).

Notary Public.

Commission expires:.

Page 12 of 13

NICHOLAS BENEDETTO OFFICIAL SEAL

Notaiy Public. State of Illinois My CotT>missiOn Expi'tJS

July21.20t«

CITY OF CfflCAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT

APPENDIX A

FAMILIAL RELATIONSfflPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent. I t is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Part/' or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationsliip" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section H.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, i f the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, i f the Disclosmg Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of tlie Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.

Does the Disclosing Party or any "Apphcable Party" or any Spouse or Domestic Partner thereof currently have a "famihal relationship" with an elected city official or department head?

[ ]Yes [XlNo

I f yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is cormected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13

City of Chicago



O2014-871

Meeting Date:

Sppnsor(s):

Cbmmittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Issuance of Housing Revenue Bonds for St. Edmunds Oasis, LLC Committee on Finance



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

February 5, 2014



At the request of the Commissioner of Planning and Development, 1 transmit herewith an ordinance authorizing an issuance of Housing Revenue Bonds for St. Edmunds Oasis, LLC.

Your favorable consideration of this ordinance will be appreciated.

Very truly yours,

Mayor

ORDINANCE

WHEREAS, the City of Chicago (the "City"), a home rule unit of government under Section 6(a), Article VII, of the 1970 Constitution of the State of Illinois, has heretofore found and does hereby find that there exists within the City a serious shortage of decent, safe and sanitary rental housing available for persons of low-and moderate-income; and

WHEREAS, the City has determined that the continuance of a shortage of affordable rental housing is harmful to the health, prosperity, economic stability and general welfare of the City; and

WHEREAS, St. Edmund's Oasis, LLC, an Illinois limited liability company (the "Borrower") the managing member of which is St. Edmund's Oasis MM, LLC, an Illinois limited liability company, has proposed a certain low-income housing development project consisting of the acquisition of scattered sites generally located at 6100-24 S. Prairie Avenue/227-233 E. 61^' Street, 219-221 E. 61^' Street, 310-312 E. 61st Street/6053-59 S. Prairie Avenue, and 6145-55 S. Indiana Avenue in the City and the construction of approximately fifty-eight (58) residential dwelling units and certain common areas and parking spaces thereon and currently expected to be known as the St. Edmund's Oasis Apartments Project (the "Project"); and'

WHEREAS, the Borrower has requested that the City issue multi-family housing revenue bonds, notes or other indebtedness in an amount not to exceed Twelve Million Dollars ($12,000,000) (the "Bonds") for the purpose of financing all or a portion of the Project costs, including but not limited to the costs incurred in connection with the issuance of the Bonds; and

WHEREAS, it is intended that the interest on the Bonds will be excluded from gross income for federal income tax purposes; and

WHEREAS, it is intended that this ordinance shall constitute a declaration of intent to reimburse certain eligible expenditures for the Project made prior to the issuance of the Bonds from the proceeds of the Bonds (if and when issued) within the meaning of Section 1.150-2 of the Treasury Regulations, promulgated under the Internal Revenue Code of 1986, as amended (the "Treasury Regulations"); now, therefore,


SECTION 1. The above recitals are expressly incorporated in and made a part of this ordinance as though fully set forth herein.

SECTION 2. The City intends to issue the Bonds and lend the proceeds thereof to the Borrower, or an entity affiliated with or related to the Borrower, for the purpose of financing all or a portion of the Project costs, including but not limited to the costs incurred in connection with the issuance of the Bonds. The maximum principal amount of Bonds which the City intends to issue for the Project will not exceed Twelve Million Dollars ($12,000,000).

S; /Shared/Finance/St.Edmund's Oasis/Ordinance/2014.01.311nducement Ordinance for St. Edmund's 0asis.doc

SECTION 3. Certain costs will be incurred by the Borrower, or an entity affiliated with or related to the Borrower, in connection with the Project prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with proceeds ofthe Bonds.

SECTION 4. The costs to be reimbursed will be paid from funds of the Borrower, or an entity affiliated with or related to the Borrower, which have been allocated to other purposes.

SECTION 5. This ordinance is consistent with the budgetary and financial circumstances of the City. No funds from sources other than the Bonds are or are reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside by the City for the Project costs to be paid from the proceeds of the Bonds.

SECTION 6. This ordinance constitutes a declaration of official intent of the City with respect to the Project under Section 1.150-2 of the Treasury Regulations.

SECTION 7. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.

SECTION 8. This ordinance shall be effective as of the date of its passage and approval.

S: /Shared/Finance/St.Edmund's Oasis/Ordinance/2014.01.31lnducement Ordinance for St. Edmund's 0asis.doc


AND AFFIDAVIT


A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:

Check ONE of the following three boxes:

Indicate whether the Disclosing Party submitting this EDS is: 1. [ ] the Applicant

OR 2. [vj^ 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: 3i-, Bc^tr%iy\l:ActS/'.'s J.2.d OR

3. [ ] a legal entity with a light of control (see Section ll.B.l.) State the legal name ofthe entity in which the Disclosing Party holds a right of control:

B. Business address of the Disclosing Party: H'^^) /V* %

^1 . rX -]^96Z^ aK.cii&.5i.°fi'OAZn , , ,

C. Telephone: 799- S?A^ Fax: Email: ^ Ceu,

D. Name of contact person:

Federal Employer Identification No. (if you have one):

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS peilaihs. (Include jprojwf iiumber 'and rocatibn of jprbperty, if applicable):

G. Which City agency or d^artment is requesting this EDS? O ^ p ^ h y s Q ^ J - P k i r ^ r ^ K a CJ>X>/

If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:

Specification # /V A and Contract # /\I Ar * il is anticipated that Hunt Capital Partners, LLC or one of its affiliates, or another entity approved by DPD will become a member of St. Edmund's Oasis, LLC at closing ofthe transaction and own 99.99% interest in St. Edmund's Oasis LLC."

Ver. 01-4)1-12 Page 1 of 13

SECTION II - DISCLOSURE OF OWNERSHIP INTERESTS


1. Indicate the nature of the Disclosing Party: [ ] Person [ ] Limited liability company [ ] Publicly registered business corporation [ ] Limited liability 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))? [ ] Limited partnership [ ] Yes [ ] No ] ^ Trust [ ] Other (please specify)

For legal entities, the state (or foreign country) of incorporation or organization, if 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 entity?

[]Yes ^ N o []N/A


List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholderfsl.

If the entity is a general partnership, limited partnership, Umitcd liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, 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 Title

Please provide the following 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 of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.

Page 2 of 13

interest ofa member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If 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 from any applicant which is reasonably intended to achieve full disclosure.

Name Business Address Percentage Interest in the . l l < ^-^p/ /v/.^T£6a ^ • Disclosing Party

JaaoK |H.H\;ir/t' FA pa^^ry: ^ ry ^ a " " u, ftAfv^- ::

SECTION III - BUSINESS RELATIONSHUPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Party had a "busmess relationship," as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?

[ ] Yes ^ o

If yes, please identify below the namc(s) of such City elected official(s) and describe such relationship(s):

SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

The Disclosing Party must disclose the name and business address ofeach subcontractor, attomey, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose

-employees who are paid solely through the Disclosing-Party's-regular payroll.


If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.

Page 3 of 13


Relationship to Disclosing Party (subcontractor, attomey, lobbyist, etc.)


(Add sheets if necessary)

^i^Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

SECTION V - CERTIFICATIONS

A. COURT-ORDERED CHILD SUPPORT COMPLL\NCE


Has any person who directly or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[]Yes j No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.

If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?

[ ] Yes "J TNO


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article T'Xwhich the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timefi'ame in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

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2. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section U.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, 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 public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitmst statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destmction of records; making false statements; or receiving stolen property;

c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions conceming environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local govemment.




Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia qf^ntrolmclude, witlwut H ^ interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization ofa responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in coimection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency ofthe federal govemment or of any state or local government in the United States of America, in that officer's or employee's official capacity;




4. Neither the Disclosing Party, AlTiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or 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 on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

6. The D isclosing Paiily t^ the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.


Page 6 of 13

If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.

jsm^ --

C. CERTIFICATION OF STATUS AS F1NANCL\L INSTITUTION


[ ] is J^is not


2. If the Disclosing Party IS a financial institution, then the Disclosmg Party pledges:

"We arelibf arid will not become a pTedatoiy lender as defined in Chapter 2-32 of the Muhicipar Code. We further pledge that none of our affiliates is, and none of them will 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 of doing business with the City."

If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section 2-3 2-45 5(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 if necessary):

Page 7 of 13




1. In accordance with Section 2-156-110 of the Municipal Code: Does any official oremployee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes 5^No

NOTE: If you checked "Yes" to Item D.I., proceed to Items D.2. and D.3. If you 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 official or employee shall have a fmaacial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[ ] Yes [ ] No

3. If you 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:

Name - - Business Address Nature of Interest

4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.



Page 8 of 13


^ 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes fiill disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI - CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.


1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter: (Add sheets if necessary):

plA .

(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A.l. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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 an organization described in section 501 (c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501 (c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form jmd substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.


If the Matter is federally fimded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.


[ ] Yes )<fNo

If "Yes," answer the three questions below:


I ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal CbiTtract~Cdmpliahce Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ J Yes [ ] No


Page 10 of 13

SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE



B. The City's Govemmental Ethics and Campaign Financmg 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, or transactions. The full text of these ordinances and a training program is available on line at www.citvofchicaeo.org/Ethics. and may also be obtained from the City's Board of Ethics, 740 N.


C. If the City determines that any infonnation provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 Intemet 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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights.or..claims-whicb-it.may.have-against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

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 City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept cunent for a longer period, as required by Chapter 1-23 and Section 2-154-020 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 Illinois 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 limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide tmthfiil certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in F.l . , F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as ofthe date fumished to the City.

(Print or type name of Disclosing Pa

By:

Party)

(Sifen here)

(Print or type name of person signing)

Co - Tru&kig-(Print or type title of person signing)

Signed and swom to before me on (date) \Jdl{iihr\/ ^ i Zfl i ^ I). at ElPd^O County.TgxaS (state

Notary Public.

Page 12 of 13


APPENDIX A

FAMILLVL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS

This Appendix is to be completed oiUy by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicaat exceeding 7.5 percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

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 "femilial relationship" with any elected city official or department head. A "famihal relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Apphcable Party" means (1) all executive ofiicers ofthe Disclosing Party listed in Section n.B.l.a., if the Disclosing Party is a corporation; aU partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.


[ .] _Yes__ i>^o

If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and tide of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT


A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable;



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: Sj-» Ed^morxl-'s QCty'^ OR

3. [ ] a legal entity with a right of control (see Section ll.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: f \ j , MfJ>^^ ^ •

C. Telephone: '79? •• ftto-? Fax: Email:


E. Federal Employer Identification No. (if you have one): •

F. Brief 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, if applicable): \»^^Jew»YVlCvv^- i«v CC iesohBtxsfiEoxBifleia. iin-.i'4e)ti l»fi.io«'Ui«j tA^f^^*^^ 4t>r tK«- v>ti^piJ*y)t>tu^

G. Which City agency or department is requesting this EDS? ^ ^ i ^ i ^ ^ ! ^ ^ p r - ^ l ! ^ ^


Specification # N ^ and Contract # /si A"

* it is anticipated that Hunt Capital Partners, LLC or one of its affiliates, or another entity approved by DPD will become a member of St. Edmund's Oasis, LLC at closing of the transaction and own 99.99% interest in St. Edmund's Oasis LLC." Ver. 01-01-12 Page 1 of 13



1. Indicate the nature of the Disclosing Party: [ ] Person [ ] Limited liability company ( ] Publicly registered business corporation [ ] Limited liability 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))? [ ] Limited partnership [ ] Yes [ ] No [ ] Trust [ ] Other (please specify)

2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:


[]Yes [KJ'NO [ ] N / A


I . List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below all members, if 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 titleholder(s).

If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party.

.NO_TE: Each legaLentity listed_below must-Submit an EDS on its-own-bchalf.- - -

Name Title

2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.

Page 2 of 13

LIST OF DIRECTORS AND EXECUTIVE OFFICERS FOR HUNT COMPANIES, INC.

Board of Directors:

Name Position

W. L Hunt

M. L Hunt

James C. Hunt

Joshua W. Hunt

Eileen Byrne

S. Michael Giliberto

William Kell

Clinton E. Wolf, Jr.

Chairman

Vice Chairman

Director

Director

External Director

External Director

External Director

External Director

Executive Officers:

HUNT COMPANIES, INC.

Chairman/Chief Executive Officer 1 W. L. Hunt

Vice Chairman M. L. Hunt

Chief Operating Officer/Chief Investment Officer/President James C. Hunt

Chief Financial Officer/Executive Vice President/Treasurer Clay Parker

Executive Vice President Paul Kopsky, Jr.

Executive Vice President Joshua W. Hunt

Executive Vice President/General Counsel/Secretary Kara Harchuck

interest of a member or manager in a limited liability company, or interest of a beneficiary ofa trust, estate or other similar entity. I f none, stale "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


SECTION I I I ~ BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Party had a "business relationship," as defined in Chapter 2-1 56 of the Municipal Code, with any City elected official in the 12 months before the dale this EDS is signed?

[ ] Yes y i No

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


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 with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. TJie Disclosing Party is not required lo disclose

~employees~who"are"paid Solely throug

"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: (l)'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.


Page 3 of 13


Relationship to Disclosing Parly Fees (indicate whether (subcontractor, attorney, paid or estimated.) NOTE: lobbyist, etc.) "hourly rate" or "t.b.d." is

not an acceptable response.


D^Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.





n Yes ^ N o [ ] No person directly or indirectly owns 10% or more of the Disclosing Parly.


[]Yes


^ N o

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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article 1 applies to the Applicant, the permanent compliance timeframe in Article 1 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 identified in Section U.B.l. of this EDS:

a. arc 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, within a five-year period preceding the date of this EDS, been convicted ofa criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting lo obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;

c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any ofthe offenses set forth in clause B.2.b. of this Section V;




• the Disclosing Parly; • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parly 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 Parlies"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common-control-ofanother person or entity, indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization ofa business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13






4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any slate or of the United Slates of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Parly nor any Affiliated Entity is listed on any of the following 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 List, the Denied Persons List, the Unverified List, Ihe Entity List and the Debarred List.

6. The Disclosing Parly 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. If the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Certifications), the Disclosing Parly must explain below:

Page 6 of 13

If the letters "NA," the word "None," or no response appears on the lines above, il will 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 following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-monlh period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").

yMs>-v»->

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused lo be given, al any lime during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" docs not include: (i) anything made generally available lo City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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.

/0(Slrvfl-«



[ ] is "f^is not


2. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. Wc understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."

If the Disclosing Parly 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 if necessary):

Page 7 of 13

I f the letters "NA," the word "None," or no response appears on the lincs above, it will be conclusively presumed that the Disclosing Party certified to the above statements.



1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes ^ N o

NOTE: I f you checked "Yes" to Item D.l., proceed to Items D.2. and D.3. I f you checked "No" to Item D.l . , proceed to Part E.

2. Unless sold pursuant to a process of compelilive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for properly taken pursuant lo the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.

Does the Matter involve a City Properly Sale?

[ ] Yes [ ] No

3. If you checked "Yes" to Item D.I., provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:




Please check either 1. or 2. below. If Ihe 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


^ 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Parly has found no such records.

2. The Disclosing Parly verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclo-sing Parly verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:


NOTE; If the Matter is federally funded, complete this Section VI. I f the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City arc not federal funding.


1. List below the names of all 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 if necessary):

M A

(If no explanation appears or begins on the lines above, or i f the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect lo the Matter.)

2. The Disclo.sing Parly has not spent and will not expend any federally appropriated funds to pay any person or entity ILsted in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity lo 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 ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13

3. The Disclosing Parly will submit an updated certification al the end ofeach calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A . l . and A.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Parly is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.


If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors lo submit the following information with their bids or in writing at the outset of negotiations.


[]Ycs D^No



[ ] Yes [ ] No

2. " Have you filed with" the Joint Reporting CofiimitteeV tlic Dircctof of Federal " Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[]Yes [ ] N o

If you checked "No" to question I . or 2. above, please provide an explanation:

Page 10 of 13


The Disclosing Parly understands and agrees that:

A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between ihe Applicant and Ihe City in connection with the Mailer, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

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, or transactions. The full text of these ordinances and a training program is available on line al www.citvofchicaKO.org/Ethics. and may also be obtained from the City's Board of Ethics, 740 N.


C. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Mailer and/or declining to allow the Disclosing Party lo participate in other transactions with the City. Remedies al law for a false statement of material fact may include incarceration and an award lo the City of treble damages.

D. It is the City's policy lo make this document available to the public on its Internel 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 lo the public on the Internel, in response to a Freedom of Infonnation Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights oi^Iaiihs'which~it in^ in connection with the public i ^ ihforinafion contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

E. The information provided in this EDS must be kept current. In the event of changes, the Disclosing Parly must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by 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 Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter I -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 lax administered by the Illinois Department of Revenue, nor are the Disclosing Parly or its Affiliated Entities delinquent in paying any fine, fee, lax or other charge owed lo the Cily. This includes, but is not limited lo, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 If the Disclosing Parly is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parlies List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Parly is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason lo believe has not provided or cannot provide tmthful certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized lo execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Parly, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished lo the City.


By: " f ^ a J^/\^^Jl.CA^ (Sign here)



Signed and sworn to before me on (date) at CjyML- County, 'XM\ 'V\JJ Ustate)

Commission expires;

Notary Public.

Page 12 of 13

OFFICIAL SEAL TERRAH STEWART

Notary Public - State oi Illinois My Commission Expires Mar 2, 2015


APPENDIX A

FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in fhe Applicant exceeding 7.S percent. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof is related lo the mayor, any alderman, the city clerk, the cily treasurer or any cily department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, slepbrolher or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B. 1 .a., i f the Disclosing Parly is a corporation; all partners of the Disclosing Parly, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Parly, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Parly is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.

Does the Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department head?

[ ] Yes ' ^ N o

If yes, please identify below (I) the name and title of such person, (2) the name ofthe legal entity lo which such person is connected; (3) the name and title of the elected city official or department head lo whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT

SECTION I ~ GENERAL INFORMATION

A. Legal name of the Disclosing Parly submitting this EDS. Include d/b/a/ if applicable:



OR 2. [Qâ legal entity holding a direct or indirect interest in the Applicant. Slate the legal name of the

Applicant in which the Disclosing Party holds an interest: ^t-. £!^yy>onci"^ Cyx,%*%.^ LJLC-^

OR 3. [ ] a legal entity with a right of control (sec Section ll.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 Parly: CjlD-Tl TÔLL^\-^^ XsiCL^î^

C. Telephone; 505- HOQ -1160 Fax: Email: jAMtS>.Jok:hit^ho/d,:A*'fe»^'fii.astt

D. Name of contact person: •slarr.e.v " t EStVo* <f


Fi Brief 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, if applicable): |,^VrtNerv^- fl. 'fejKsA^xxfcc^^ h. ^ 4tJ. CS^r/f^

i t be L-ocffHdl ^ OHlcyP t i . • Z !

G. Which City agency or department is requesting this EDS? ^ juyxiy

If the Mailer is a contract being handled by the City's Department of Procurement Services, please complete the following:

Specification # p f A~ and Contract # JN /V * it is anticipated that Hunt Capital Partners, LLC or one of its affiliates, or another entity approved by DPD will become a member of St. Edmund's Oasis, LLC at closing of the transaction and own 99.99% interest in St. Edmund's Oasis LLC."

Ver. 01.4)1-12 Page 1 of 13

S E C T I O N II -- D I S C L O S U R E OF OWNERSHIP INTERESTS


1. Indicate the nature of the Disclosing Party: ,

Person Jj^ Limited liability company Publicly registered business corporation [ ] Limited liability 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))? Limited partnership [ ] Yes [ ] No Tmst [ ] Other (please specify)

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


[]Yes ) J N O [ ] N / A


1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below ail 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 litleholder(s).


Name Title

2. Please provide the following 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 of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.

Page 2 of 13

interest of a member or manager in a limited liability company, or interest of a beneficiary of a tmst, estate or other similar entity. I f none, slate "None." NOTE: Pursuant lo Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


SECTION I I I ~ BUSINESS RELATIONSHIPS W I T H CITY ELECTED OFFICIALS


[ ] Yes ^ No

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


The Disclosing Parly must disclose the name and business address of each subcontractor, attomey, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Parly has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.

"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 lo influence any legislative or administrative action.


Page 3 of 13


Relationship to Disclosing Parly Fees (indicate whether (subcontractor, attorney, paid or estimated.) NOTE: lobbyist, etc.) "hourly rate" or "t.b.d." is



^Check here if the Disclosing Parly has not retained, nor expects to retain, any such persons or entities.

SECTION V ~ CERTIFICATIONS


Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the Cily must remain in compliance with their child support obligations throughout the contract's term.


[]Yes [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes p^No


I . 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), if the Disclosing Parly submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guill of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy lo commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the Cily or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13

2. The Disclosing Party and, i f the Disclosing Parly is a legal entity, all of those persons or entifies identified in Section l l . B . l . of this EDS:


b. have not, within a five-year period preceding the dale of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or stale antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen properly;

c. are not presently indicted for, or criminally or civilly charged by, a govemmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;

d. have not, within a five-year period preceding the date of this EDS, had one or more public transactions (federal, state or local) tenninated for cause or default; and

e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the Cily or by the federal government, any slate, or any other unit of local government.

3. The certifications in subparts 3, 4 and 5 concern;


connection with the Matter, including but not limited lo all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parlies"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity-of-interests among-family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility ofa business entity lo do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Confractor, is under common control of another person or entity; • any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Parly, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Parly, nor any Contractor, nor any Affiliated Entity of either the Disclosing Parly or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect lo a Contractor, an Affiliated Entity, or an Affiliated Entity ofa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contractor engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the Slate of Illinois, or any agency of the federal government or of any state or local government in the United Stales of America, in that officer's or employee's official capacity;

b. agreed or colluded with other bidders or prospective bidders, or been a parly to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement lo bid a fixed price or otherwise; or


d. violated the provisions of Municipal Code Section 2-92^610 (Living Wage Ordinance).

4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of stale or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United Stales of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Parly nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

6. - The Disclosing Parly understands and shall.comply^with.lhe.appHcable requirem^ 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) of the Municipal Code.


Page 6 of 13


8. To the best of the Disclosing Parly's knowledge after reasonable inquiry, the following is a coinplete list of all current employees ofthe Disclosing Party who were, at any time during the 12-monlh period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").

/s /bx. •- -

9. To the best of the Disclosing Parly's knowledge after reasonable inquiry, the following is a | complete list of all gifts that the Disclosing Parly has given or caused to be given, at any time during the j 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the Cily of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the i 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 of the City recipient. j

^.lg7^.^ : . ^ : I : ; ^ : : i


1. The Disclosing Parly certifies that the Disclosing Party (check one)

[ ] is ^ is not



"Wearenot and will not-becomea-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 will 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 of the privilege of doing business with the City."

I f the Disclosing Party is unable to make this pledge because it or any of its affiliates (as deifined 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 if necessary):

Pagis7of 13

I f the letters "NA," the word "None," or no response appears on the lincs above, it wil l be conclusively presumed that the Disclosing Party certified to the above statements.



1. In accordance with Section 2-156-110 of the Municipal Code: Does any official oremployee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Y e s j>(No

NOTE: I f you checked "Yes" to Item D . l . , proceed to Items D.2. and D.3. I f you checked "No" lo Item D . l . , proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process al the suit of the City (collectively, "City Property Sale"). Compensation for properly taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[ ] Yes [ ] No

3. I f you checked "Yes" to Item D.L, provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:


4. The Disclosing Parly further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.


Please check either 1. or 2. below. I f the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment lo this EDS all information required by paragraph 2. Failure lo

Page 8 of 13


)(i 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage lo or injury or death of their slaves), and the Disclosing Party has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step I above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI ~ CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VI. I f the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the Cily and proceeds of debt obligations of the Cily arc not federal funding.

A. CERTIFICATION RSEGARDING LOBBYING


m- ^ — — ^ ( i f no explanation appears or begins on the lines above, or if the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Parly means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded.contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13

3. The Disclosing Parly will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affecls ihe accuracy of the statements and information set forth in paragraphs A . l . and A.2. above.

4. The Disclosing Parly certifies that either: (i) it is not an organization described in section 501(c)(4) ofthe Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

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 the Disclosing Parly must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available lo the Cily upon request.


If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.

Is the Disclosing Parly the Applicant?

[ ] Yes ^ N o


1. Have you developed and do you have on file affirmative action programs pursuant lo applicable federal regulations? (See 41 CFR Part 60-2.)

[ ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of Ihe Office of Federal -Contract Comphance 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 lo the equal opportunity clause?

[]Yes [ ]No


Page 10 of 13

SECTION V I I ~ ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE


A. The certifications, disclosures, and acknowledgments contained in this EDS wil l become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and are material inducements lo the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Parly understands that it must comply with 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, or transactions. The full text of these ordinances and a training program is available on line at www.cilvofchicago.org/Elhics. and may also be obtained from the City's Board of Ethics, 740 N.


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 with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement ( if not rescinded or void), al law, or in equity, including terminating the Disclosing Parly's participation in the Matter and/or declining to allow the Disclosing Party lo participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to the Cily of treble damages.

D. It is the City's policy to make this document available to the public on its Internel 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 lo the public on the Intemet, in response lo a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information

-conlained-in this-EDS-and also-authorizes the-Gily lo-verify-the accuracy of any information submitted in 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 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 Article 1 of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.

The Disclosing Parly represents and warrants that:

Page 11 of 13

F.l. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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 If the Disclosing Parly is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l. and F.2. above and will not, without the prior Written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.

NOTE: If the Disclosing Parly cannot certify as to any of the items in F.l., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized lo execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Parly, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.

HTJO t Cx>r>ri (Print or type name of Disclosing Party)

(Print or type name of person-signing)-

(Print or type e title ofpers person signing)

Signed and sworn lo before me on (dale) a t - T ^ M f t l J l X O County, M S W I M ^ ^ s l a t e ) .

Notary Public.

Commission expires:'^^''^^fc l(ii^!3QiS

OFFICIAL SEAL Yvonne Schafer

NOTARY PUBLIC STATE OFJSEW MEXICO

My Commission Expires:.

Page 12 of 13


APPENDIX A


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. I t is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

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 "familial relationship" with any elected city official 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 to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section ll.B.l .a., i f the Disclosing Party is a corporation; all partners ofthe Disclosing Party, i f the Disclosing Parly is a general partnership; all general partners and limited partners of the 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 Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Parly. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.

Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected cily official or department head?

[ ] Yes pi No

I f yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity lo which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT


A. Legal name of the Disclosing Parly submitting this EDS. Include d/b/a/ i f applicable:


Indicate whether the Disclosing Parly submitting this EDS is: 1. [ ] the Applicant

OR 2. [t^^legal entity holding a direct or indirect interest in the Applicant. State the legal name of the

Applicant in which the Disclosing Parly holds an interest: SJ-* Cc^yYVJr>>d,* & Da^^t's. LLCJ^

OR 3. [ ] a legal entity with a right of control (see Section l l .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: "hf-Ol A/» l^'Gi)^ t^i -

£-1 Pbi^j TX i^Joz.

C. Telephone: - 79?^ .^?a? Fax: Email: i<firti .harUiuC^h^gtys^


E. Federal Employer Identification No. (if you have one): _

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this .EDS pertains.-(Include-projecl-number-and -location of property, if applicable): - - ,

r f o toc iOC^id- At."7^<C550, i L • — ,

G. Which City agency or department is requesting this EDS? ' \>«>tf )<y>ft-w«.rx-


Specification # M A and Contract # |\f K

* it is anticipated that Hunt Capital Partners, LLC or one of its affiliates, or another entity approved by DPD will become a member of St. Edmund's Oasis, LLC at closing of the transaction and own 99.99% interest in St. Edmund's Oasis LLC."

Ver. 01-01-12 Page 1 of 13



1. Indicate the nature of the Disclosing Party: ] Person ^ L i m i t e d liability company ] Publicly registered business corporation [ ] Limited liability 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))? ] Limited partnership [ ] Yes [ ] No ] Tmst [ ] Other (please specify)


fs je/V«»ci^


[ ] Yes [ ^ o [ ] N/A.


I . List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below all members, if 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 the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Parly. NOTE: Each legal entity listed below must subnriif an EDS on its own behalf

Name Title


Page 2 of 13

LIST OF EXECUTIVE OFFICERS FOR MB GP, LLC

Executive Officers:

HB GP, LLC

Chief Executive Officer W. L. Hunt

Chief Operating Officer/President IVI. L. Hunt

Executive Vice President/Co-President James C. Hunt

Chief Financial Officer/Executive Vice President/Treasurer Clay Parker

Executive Vice President/General Counsel/Secretary Kara Harchuck

Executive Vice President Paul Kopsky, Jr.

Executive Vice President William C. Sanders

Executive Vice President Gary Sapp

Executive Vice President Ronald C. Glover

Executive Vice President Buddy Waters

Executive Vice President Robin Vaughn

Executive Vice President Steven Colon

Executive Vice President Ryan Luxon

Executive Vicie President Sinclair Cooper

Executive Vice President Joshua W. Hunt

interest of a member or manager in a limited liability company, or interest ofa beneficiary of a trust, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended lo achieve full disclosure.

Name Business Address Percentage Interest in the ^ < Disclosing Parly

€1 TX 7^y^

SECTION I I I -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Parly had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with any Cily elected official in the 12 months before the date this EDS is signed?

[ ] Yes P<'NO

I f yes, please identify below the name(s) of such Cily elected official(s) and describe such relaiionship(s):


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 with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.

"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.

If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must cither ask the Cily whether disclosure is required or make the disclosure.

Page 3 of 13


Relationship to Disclosing Parly (subcontractor, attorney, lobbyist, etc.)



|>^heck here i f the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

SECTION V -- CERTIFICATIONS



Has any person who directly or indirectly owns 10% or more of the Disclosing Parly been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[ ] Yes No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[]Yes p^No

B. FdRTHER CERTIFICATIONS

1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article 1 is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article 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, aU of those persons or entities -identified in Section l l .B . l . of this EDS:

a. arc not presently debarred, suspended, proposed for debarrnenl, declared ineligible or voluntarily excluded from any transactions by any federal, slate 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 lo obtain, or performing a public (federal, slate or local) transaction or contract under a public transaction; a violation of federal or slate antitmst statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;

c. arc not presently indicted for, or criminally or civilly charged by, a govemmental entity (federal, stale or local)" with committing any of the offenses set forth in clause B.2.b. of this Section V ;

d. have not, within a five-year period preceding the dale of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and

e. have not, within a five-year period preceding the dale of this EDS, been convicted, adjudged guilty, or found liable iri a civil proceeding, or in any criminal or civifaction, including aictions conceming environmental violations, instituted by the City or by the federal govemment, any state, or any other "unit of local government.


• the Disclosing Party; • any "Contractor" (misaning any contractor or subcontractor used by the Djsclosing Parly in

connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties '); • any "Affiliated Entity" (meariing a person or entity that, directly-or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Parly, under "common control of another person or entity. Indicia of control include, withoiit limitation:

- • interlocking managetnent or ownership; identity of interests among family members shared-facilities and equipment;,common use of employees; or organization of a business entity .following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor^ is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any


Page 5 of 13

Neither the DiscIosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party -or any Contractor nor any Agents have, during the five years before the dale this EDS is signed, or, with respect to a Contractor, an AffiHatcd Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any state or local government in the United States of America, in that officer's or employee's official 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


, 4. Neithe;r the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners,.is barred from contracting with any unit of slate 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-rotafing in violation of 720 ILCS 5/33E-4; or (3)any similar offense of any staleor of the 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 on any ofthe following 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. bepartment of Commerce or their success.ors:4he Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List ahd'th'e Debarred List. j ^ "

: 6. The Disclosing Party understands and;shall comply with thje apjplicable rcqiiir^^ 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 Parly must explain below:

Page 6 of 13

If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.,


NtSY^ '

.9. To the best of the Disclosing Parly's knowledge after reasonable ihiquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less .than $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.

i—/y/o->-.»- • — :

C CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION


[ i is f(J is not

a "financial institution" as defined in Seclion 2-32-455(b) of the Municipal Code.


" We are not and will not become a predatory lender as defiriednn Chapter 2-32 6 Code. We further pledge that none of our affiliates is, and ndiie of them will 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 of the privilege of doing business with 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 if necessary):

Page 7 of 13

If the letters "NA," the word "None," or no response appears on the lines above, il will be conclusively presumed that the Disclosing Parly certified lo the above statements.




[]Yes ^No

NOTE: I f you checked "Yes" lo Item D.l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D.I . , proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs lo the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[ ] Yes [ ] No

3. I f you 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 Parly further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.


Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure lo

Page 8 of 13


) ^ 1. The Disclosing Parly verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage lo or injury or death of their slaves), and the Disclosing Parly has found no such records.

2. The Disclosing Parly verifies that, as a result of conducting the search in step I above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION V I -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section VI. I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.


1. List below the names of all 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):

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, i l will 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 with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or lo extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13


4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) ofthe Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.


If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following infonnation with their bids or in writing at the outset of negotiations.


[]Yes ^ N o



n Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract-Compliance Programs, or the Equal Employmenl Opportunity Conimissioirairf^^^ due under the applicable filing requirements?

[ ] Yes [ ] No


n Yes [ ] No

If you checked "No" lo question 1. or 2. above, please provide an explanation:

Page 10 of 13

SECTION V H - - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE

The Disclosing Parly understands and agrees that:

A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it ihust comply with 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, or transactions. The full text of these ordinances and a training program is available on line at www.cilvofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 74,0 N.

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fuHy with; the applicable ordinances.

C. "If the Cily determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the Cily may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Parly's participation in the Matter and/or declining lo 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 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 Intemet site and/or ujjoii request." Some or all of the information jjroyided on this EDS and any attachments to this EDS inay be . made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By cbmpleting and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to venfy the iacciifacy "of any irif6imafioh~sub^^^ in 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 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 Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY,for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.


Page I I of 13

F.l . The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Parly or its Affiliated 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 Affiliated Entities will not use, nor permit their subcontractors lo use, any facility listed by the U.S. E.P.A. on 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 will obtain from any contractors/subcontractors hired or lo be hired in connection with the Matter certifications equal in form and substance to those in F.l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.

NOTE: If the Disclosing Party cannot certify as to any ofthe items in F.I., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized lo execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.


Bv: --^f^lUkjlJ^^ (Sign here)

(PiTnt or type~naiTie"of per soil sigriiiig)'

^ v p j htejf^i ( W i ^ / (Print or type title of person signing)

Signed and swom to before me on (date) at ^ M — - County, ' X U t . ' ^ j S > ((state). 6

Notary Public.

Commission expires: V W L ^ I ^ ^ f '> .

Page 12 of 13

OFFICIAL SEAL TERRAH STEWART

Notary Public - Slate of Illinois My Commission Expires Mar 2, 2015


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the cily clerk, the city treasurer or any cily department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section U.B. 1 .a., i f the Disclosing Party is a coiporation; all partners ofthe Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[ ] Yes [VI No

If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT


A. Legal name ofthe Disclosing Parly submitting this EDS. Include d/b/a/ i f applicable:

fh^-jr-ELp^ Ltd.



OR 2. a legal entity holding a direct or indirect interest in the Applicant. Slate the legal name of the

Applicant in which the Disclosing Parly holds an interest: SV. E-ci ryvL^rcf'b C^ft^Js, LiL/L-OR ^

3. [ ] a legal entity with a right of control (see Section ll .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: *V*/C>< H.(^€i-a^ •

£ 1 T>MO\ TY 7 ^ 7 0 2-.

C. Telephone: "^^S-Oj"^] Fax: Email: j^grft . l^<chuC^A^/:^iua^

D. Name of contact person: fcj^CL- H c v C K u £ / k -

E. Federal Employer Identification No. (if you have one): : . - -

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to —which this EDS pertains. (Include project number andTocation of property, if applicable): . "~

G. Which City agency or department is requesting this EDS? ^ p l» r \nJ^


Specification # A1 A" and Contract # 7^ A

* it is anticipated that Hunt Capital Partners, LLC or one of its affiliates, or another entity approved by DPD will become a member of St. Edmund's Oasis, LLC at closing of the transaction and own 99.99% interest in St. Edmund's Oasis LLC."

Ver. 01-01-12 Page 1 of 13



1. Indicate the nature ofthe Disclosing Party: [ ] Person Limited liability company [ ] Publicly registered business corporation [ ] Limited liability partnership [ ] Privately held business corporation [ ] Joint venture [ ] Sole proprietorship [ ] Not-for-profit corporafion [ ] General partnership (Is the not-for-profit corporation also a 501(c)(3))? ^ Limited partnership [ ] Yes [ ] No [ ] Trust [ ] Other (please specify)

2. For legal entities, the slate (or foreign country) of incorporation or organization, if applicable:

3. For legal entities not organized in the Slate of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?

[ ] Yes M No [ ] N/A


1. List below the full names and titles of all executive officers and all directors ofthe entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal litleholder(s).


Name Title ^ a M o p W A - C Q i ^ U t ^ . 1 K t g ^ f > ^ C W W > 1 n v t ^ d A ^ ^

2. Please provide the following information conceming each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture.

Page 2 of 13

.•:{,»Vif;,-;

WRITTEN CONSENT OF tHtGENEiîLiPARTWER 6

HUNTELP.LTDl

I Thtf iinderslgned" MB GP, LUI, .Neyadafilimitad^^^ company, in jts capacit^s sole geperal parth i of Ltd:; a TeixasliiTi ''Compariy ); herei)âdbpte and (»nsents to the following resollitldhs: :

;- ii ^ vRESC ^ tbat the fpllctvyii ^ peiisons a as officeirs^pf thi jGpi pdny teffc ifiye S^êm 2013 ar J jVwII have su(^ and duties and Will seiVefinfûdi

£6hlef;Executlve Officer w. LHunt •• ^GhiefOpeiratirig Officer/President r-^v - James C. Hunt ' • t ;Gf<lef Financial Officer/ExetUt'ive Vice Pffeid^ht/treasureri- - Clay Parker :} ! Êxecutive ViceiPresident/iSeneral Coiinsel/Secretafy" : . KaratHarchuc)( ' • ^ vC-; jExecuttveVlicePcesid^t ' PaulKbpsky . • •" -.r iEx«iutive ViceiPfesfdent Wm.'CSariders/; SExecutivis*Vic fPresident Joshua Hunt Execotive-Vicc* President Gary Sapp \ . 'Ekecutive Vice'President sRonald C. Glover

S^xecuiive Vice President :Eiud£iywatei^ 'X'-M i?EjfeGutiveVlce;Presfdent - « Robih Vaughn ' «2 V, • sEx&iitive Vice President Sfeven Colon '; . " Êxecutive Vice president ^ Ryan Luxon .Executive VIcePfesident Sinclair Copper ; > ; r : . iSenibi': Vice (President ., L- ./ ' ; James Dobbie SeriibrVice President Richard Gleichauf: ' -

^Senior Vice President -6 - Robert Kelly Senior Vice President Claudia Ivey , ; '

• iSenlorVicePresiderit Mary Jane Wilson ; . . iSieriior Vicie President ; . Steve Norman "?• -S 'V ' iVlce President " • Robert Lopei • " kVicePresident Derek Veerkamp Vice President , » VV- Julie Strickland „ i V ,, . ; . <! .

irVice'pfesident/AssociateGeneratllkJuns'el/AssistantSecretary •SKarVnvPfbcaccib'i'/ v-' ^^^•j'. 'SSife •:;A«lstahtS6£ret3ry ' ^ ' i ' " ' - Eipftia^Rarnirez -v'"^ .r^-^fi:; Assistant Secretary Susanne Smith • '

J FURTHER RESdIfVED, JihSti^hy^ Company na»)redsabQV&||ii izedxfdr'and'or ' " ' ty, to exectjte a

Company's business;

aiJthon2»dAfdr and on behialf of andblsis bf^^îi^>^n^ of the Gompartj iinilheir^statied ;capac|ty, to exectjte any and ~ — tw... J -

; 2013 are FURTHER RESOLVED,:that v r r - ^ herieby ratified, adopted and lipproved m all re^

FURTHER RESOLVED, that this consent'be fijed with the minutes of the procieedings of the Company.

DATED to be effective September 23. 2013.

HB GP, LLC, General Partner

By:_ Kara Harchuck Executive Vice President

interest of a member or manager in a limited liability 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 Cily may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.

Name Business Address Percentage Interest in the y-i \ • Disclosing Party

\\Kjr^^ U>mp$^^^^LLX. 11^ Iphk^Nrm^plLj ^^^'^ Uf^:\tA p^iru^

SECTION I I I - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS


[]Yes ^ N o



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 with the Matter, as well as the nature ofthe relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's.regular payroll.

"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 lo 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 Cily whether disclosure is required or make the disclosure.

Page 3 of 13



Fees (indicate whether paid or estimated.) NOTE; "hourly rate" or "t.b.d." is not an acceptable response.


[)J Check here if the Disclosing Parly has not retained, nor expects to retain, any such persons or entities.




Has any person who directly or indirectly owns 10% or more of the Disclosing Parly been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[ ] Yes No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes p^No


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitfing this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article 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 identified in Section l l . B . l . of this EDS:

a. arc 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, 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 public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;

c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, slate or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;

d. have not, within a five-year period preceding the dale of this EDS, had one or more public transactions (federal, state or local) temiinated for cause or default; and

e. have not, within a five-year period preceding the dale of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions conceming environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local government.

3. The certifications in subparts 3, 4 and 5 concem;

• the Disclosing Party; • any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Parly in

connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly; controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Parly, under common control of another person or entity. Indicia of control include, without limitation;

—interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or stale or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by i l , or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any


Page 5 of 13

Neither the Disclosing Parly, nor any Contractor, nor any Affiliated 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, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the dale of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Cily, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;




4. Neither the Disclosing Parly, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any slate or of the 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 on any of the following 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 List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

6". The Disclosing" Party Wderslarids and sh'all'c ^ 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 lo cerfify to any of the above statements in this Part B (Further Certifications), the Disclosing Party must explain below:

Page 6 of 13


8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the Cily of Chicago (if none, indicate with "N/A" or "none").

UarJL^

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any lime during the 12-month period preceding the execution dale of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" docs not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe Cily recipicnU

A/OrvX


1. The Disclosing Parly certifies that the Disclosing Party (check one)

[ ] is ^ i s not



"We are' hot and will 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 will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. Wc understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."

I f the Disclosing Parly 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

If the letters "NA," the word "None," or no response appears on the lincs above, it will be conclusively presumed that the Disclosing Party certified to the above statements.




[ ] Yes ^ No

NOTE: I f you checked "Yes" to Item D.l . , proceed to Items D.2. and D.3. I f you 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 official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is .sold by virtue of legal process at the suit of the City (collectively, "City Properly Sale"). Compensation for properly taken pursuant lo the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[]Yes [ ] N o

3. I f you checked "Yes" to Item D.l . , provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:

Name Business Address Nature.of Interest



Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure lo

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 Cily.

X 1. The Disclosing Parly verifies that the Disclosing Party has searched any and all records of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Parly has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Parly verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:


NOTE: I f the Matter is federally funded, complete this Section VI. I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section VI, tax credits allocated by the Cily and proceeds of debt obligations ofthe City are not federal funding.


1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Disclosing Parly with respect to the Matter: (Add sheets if necessary):

cLh

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . I . above for his or her lobbying activities or to pay any person or entity lo 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 with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13

3. The Disclosing Party will submit an updated cerfification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A . I . and A.2. above.

4. The Disclosing Party certifies that either: (i) il is not an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. I f the Disclosing Parly is the Applicant, the Disclosing Parly must obtain certifications equal in form and substance to paragraphs A . l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the Cily upon request.


I f the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing al the outset of negotiations.


[ ]Yes ^ N o



[ ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal "Contract Compliance Programs, oTthe EqMl Employme all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13



A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execufion of anyconlract or taking other action with respect to the Matter. The.Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

B. The City's Govemmental 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 Cily contracts, work, business, or transactions. The 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 City's Board of Ethics, 740 N.

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances. •

C. I f the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreerrient in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void); at lavv, 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 with the City. Remedies al law for a false statenient 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 Intemet site and/or upon , request. Some or all of the information provided on this EDS and any'attachnients to this EDS may be made available to the public on the Intemet, in response to a Freedom of Information Act request, or otherwise. By completing and: signing this EDS, the Disclosing'Party waives and releases any possible rights or claims which it may "have against the City in connection w,ith;the public release of information contained in this EDS and also authwizes the City to verify subrnitted in this EDS.

E. The information provided in this EDS must be kept current. In;the event of changes, the Disclosing Party must supplement this E D S 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 lo Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility 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 in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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 Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administrafion.

F.3 I f the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will not, without the prior written consent of the Cily, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Parly has reason to believe has not provided or cannot provide truthful certifications.

NOTE: If the Disclosing Party cannot cerfify as to any of the items in F. 1., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penally of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certificafions and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished lo the Cily.


By: (Sign here)



Mgnea ana swom to oetore me on i^aaie; /yvYvA/yj/tAy-y^ at ^MC^ County, ^MA'^ \ \ Mstale). 0

X ^ ^ A A d U Notary Public.

Commission expires: VVV&AC^ 2-\U> \^ •

Page 12 of 13

* ' ' ' -OFFICIAL SEAL

TERRAH STEWART Notary Public - Slafe ot Illinois

My Commission Expires Mar 2 2015


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the cily treasurer or any cily department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section ILB.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Parly, if the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.

Does the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relafionship" with an elected city official or department head?

[]Yes p^: No


Page 13 of 13


AND AFFIDAVIT


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

Tria on Prairie LLC



OR 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: St. Edmund's Oasis LLC OR

3. [ ] a legal entity with a right of control (see Section ll.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: RQQ^ t; Wabash Ave

Chinago, IL 60637

C. Telephone: (773) 5/\Q 8024 (77•<) 548-8935 Email: [email protected]

D. Name of contact person: Julia Foust

E. Federal Employer Identificafion No. (if you have one): Applied For

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which-thiS-EDS pertains. -(Include-Droject number and-location of "property,- if applicable): Bond inducement for Multi-family Tax Exempt Revenue Bonds to finance a 58-unit affordable housing development on four sites at 6100-24 S. Prairie Ave/227-233 E 61 si St, 219-221 E 61st SL, 310-312 h. bist St/bUba-by S. Hraine Ave., and b14b-bb y. Indiana Ave., 6063/

G. Which City agency or department is requesting this EDS? Department of Planning & Development


Specificafion # and Contract #

Ver. 01-01-12 Page 1 of 13



1. Indicate the nature of the Disclosing Party: [ ] Person [)J Limited liability company [ ] Publicly registered business corporation ( ] Limited liability partnership [ ] Privately held business corporation [ ] Joint venture [ ] Sole proprietorship [ ] Not-for-profit corporation [ ] General partnership (Is the not-for-profit corporafion also a 501 (c)(3))? [ ] Limited partnership [ ] Yes [ 3 No [ ] Tmst [ ] Other (please specify)

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

lllinpis


[ ] Yes [ ] No [ ] N/A


1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. I f there are no such members, write "no members." For trusts, estates or other similar enfities, list below the legal titleholder(s).

If the entity is a general parmership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, 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 Title •Julia. Foust, Managing Member

Miohcllo Murray, Mcmbef-

2. Please provide the following informafion conceming each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5''/o of the Disclosing Party. Examples of such an interest include shares in a corporafion, partnership interest in a partnership or joint venture.

Page 2 of 13

interest ofa member or manager in a limited liability company, or interest of a beneficiary of a tmst, estate or other similar entity. If none, state "None." NOTE: Pursuant to Secfion 2-154-030 ofthe Municipal Code of Chicago ("Municipal Code"), the City may require any such additional informafion from any applicant which is reasonably intended to achieve full disclosure.


• liilia Fnii«;t, fiPnr^ .9 Waha«;h A V P rh i rag r . II «in n%

Michelle Murray. 6903 S. Wabash Ave., Chicago, IL 60637. 50.0%

SECTION III - BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 ofthe Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?

[ ]Ycs MNo



The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or enfity whom the Disclosing Party has retained or expects to retain in connecfion with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or esfimated to be paid. The Disclosing 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 legislafive or administrative action on behalf of any person or enfity other than: (I) a not-for-profit enfity, 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.


Page 3 of 13

Name (indicate whether Business Relafionship to Disclosing Party Fees (indicate whether retained or anficipated Address (subcontractor, attomey, paid or esfimated.) NOTE: to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is



] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entifies.



Under Municipal Code Secfion 2-92-415, substantial owners of business enfifies that contract with the City must remain in compliance with their child support obligations throughout the contract's term.

Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdicfion?

[ ] Yes W No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes [ ] No


I . Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges tbat compliance with Article I is a confinuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance fimeframe in Article I supersedes some five-year compliance timeframes in cerfifications 2 and 3 below.

Page 4 of 13

2. The Disclosing Party and, if the Disclosing Party is a legal enfity, all of those persons or enfities identified in Section ll.B.l. of this EDS:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transacfions by any federal, state or local unit of govemment;

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 public (federal, state or local) transacfion 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 govemmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Secfion V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions conceming environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local govemment.

3. The certifications in subparts 3, 4 and 5 concem;


connecfion with the Matter, including but not limited to all persons or legal enfities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking-management or-ownership; identity of interests among family members, shared-facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible enfity); with respect to Contractors, the term Affiliated Entity means a person or enfity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any


Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Enfity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connecfion with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any state or local govemment in the United States of America, in that officer's or employee's official 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 compefition by agreement to bid a fixed price or otherwise; or



4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or parmers, is barred from contracting with any unit of state or local govemment as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotafing in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Enfity is listed on any of the following 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 List, 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 (Govemmental Ethics) of the Municipal Code.


Page 6 of 13


8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). . None .

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than S20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.

—Horn — • '• . •



[ ] is M is not



-'--We are not and will-not-become a-predatory lender-as defined in-Ghapter 2-32-of the Municipal-Code. We further pledge that none of our affiliates is, and none of them will 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 of the privilege of doing business with the City."

If 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 if necessary):

Page 7 of 13

If the letters "N A," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.




[ ] Yes [)j No

NOTE: If you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[]Yes []No

3. If you 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:





Page 8 of 13


X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.



NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, lax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.



—None

(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entifies registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperafive 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 occurs 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 organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.




[ ] Yes pq No

If "Yes," answer the three questions below;


[ ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract GompIiance Programsror the Eqiial Ernploymenf Opportunity Cbm^ all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13




B. The City's Govemmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certain duties and obligations on persons or enfities seeking City contracts, work, business, or transactions. The 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 City's Board of Ethics, 740 N.


C. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party lo participate in other transactions with 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 Intemet site and/or upon request. Some or all of the infonnation 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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible n"ghts or claims which it may have against the City in connection with the public releasej)f information^ contaiiTed"ihnthis"EDS and also'a'm^ the City to verify the accuracy of any information submitted in 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 City takes acfion on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the infonnation provided herein regarding eligibility must be kept cunent for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.

The Disclosing Party represents and wanants that:

Page 11 of 13

F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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 If the Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility Hsted by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certificafions.

NOTE: If the Disclosing Party cannot certify as to any of the items in F.l . , F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) wanants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) wanants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date fumished to the City.

Tria on Prairip 11 C (Print or type name of Disclosing Party)

By: (Slgfihere)

Julia .Fniist (Print or type-name-of-person signing)-

Managing Member (Print or type title of person signing)

Signed and swom to before me on (date)_:2^Jj.l^0H

at (^00^ County, ITl^LlA/PlS (state). Notary Public. Notary Public. j'^ - « - ^ » m ' % % _

- ^ 1 1 - 1 - . , ! i OfRCIALSEAl Commission expires: L \ / , ; )0 \ '^ , j DIANEGOfllE

1 j N<««nfPubHc-SI«ioninnoJ, - - » • — - vwi« Ul iHmati

My commlMlon Expires JUM7.20J6 Page 12 of 13


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Secfion H.B.l.a., i f the Disclosing Party is a corporation; all partners ofthe Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


— [ ] Yes • - [x] No


Page 13 of 13


AND AFFIDAVIT

SECTION I -- GENERAL INFORMATION

A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ i f applicable:

HuiSt Capital Partners, LLC



OR 2. JC a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the

Applicant in which the Disclosing Parly holds an interest: St. Edmund's Oasis.'Mfe* OR

3. [ ] a legal entity with a right of control (see Section l l .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: 15260 Vfintiira RniilftvarH, Siiitft fititi

-Los Angeles, CA 91403

C. Telephone: R1fi-.' fif)-Fi117 Fax: Email: lincoln.williamson(ajhuhtcompanies:com

D. Name of contact person: Lincoln WiHlamson


F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to -whieh-this-EDS pertains- (Include project number-andlocafion of property, i f applicable): Invesirhentxin a tcxbtfitfofffiefl limited liability oompariy lor. the sole purpbset of developing and owning a'58-unif affprdable^inu^^^^ ••\\ §^

i / :: ; X / ^Department of Planning and G; Which City agency or department is reqiiestiiig this EDS?vQ^^^[pp^^^^


Specification U N/A and Contract # N/A

* it is antclpalccl lliat! lunt Capital Partners, LLC or one of Us afTvliales, or another entity approved by DPD will become a member of .St. Rdtmind s Oajtis, LLC at clo.siiig ofthe tran.saction and own 99.99% interest in St. Edmund's Oasis, LLC.*

Ver. 01-01-12 Page 1 o f 13

SECTION I I -- DISCLOSURE OF OWNERSHIP INTERESTS


1. Indicate the nature of the Disclosing Parly: [ ] Person ^ Limited liability company [ ] Publicly registered business corporation [ ] Limited liability 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))? [ ] Limited partnership [ ] Yes [ ] No [ ] Tmst [ ] Other (please specify)

2. For legal entities, the state (or foreign country) of incorporafion or organization, if applicable;

3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the Slate of Illinois as a foreign entity?

[ ] Yes y No [ ] N/A


1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. I f there are no such members, write "no members." For trusts, estates or other similar enfities, list below the legal titleholder(s).

I f the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and titie of each general partner, managing member, 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 TiUe

t>ayjt64day control through appointed Officersi Please see aitaehed document titled "Unanimous Wrlfteri^prisent ofthe Sole Member of Hunt^pital Partners''ffpi^Officers. J

2. Please provide the following information conceming each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,

Page 2 of 13

» 3- •

UNANIMOUS WRITTEN CONSENT OF • THE SOLE MEMBER OF ' ; HUNTfeARlTAL PAiRTN iftS^ L

;•, , ; -The undensigned, HUNT ELR, LTD;; a Texas limited ;pii'rthersfiip, in'its-capacity a^ sble ;: X. -. : meiitil)era ^ ;( a Delayiai ^ ^ ^ >&"eompan^ ' " ^ i ; ; ^ C

;.';'S^Sj|t''-r^^ 'this- ;persons^3i ted,Vbeipw;'a /hefisby: -elededVasiîicere of tbe|Sj;.;;;>; î|c^l^^ny ; feffe Will have such -powers and dbtiSs and will serve iii i ;? sU'bhfcapatity-until t^^

it;.:-'; ---4

"•.'/?l.' "-;c;. -•-

Wm

t©hieRExi|GutlVeiOfficer^ :iy.i-y. JamesîjHijiW;, -, ^ '!Btî9erSi(Mariaging^^ y^-'i^-'SiA-i.:}' .'-^

J<ara^Hai£HuGl<j v *-;' • =-*;'-V??, jixiSGOtive^ceiPresideht- ' • •"'' RyanWiLiixoh ?fe)c^jtiveMceipre^dent;i ; 4 . Paul Kopsky; Jr. sSi^fijr^KfenagingsDire^ Marit Nattier-^S&Sliîêe^Rresldfehtr"'. • ' '•y.::. -- . Claudia Ivey =*Sehidn5\flceiPt5es(defit. ; - Dana Mayo . iSefiiofvWce President J . Jeff Weiss. ?-S&iibi:^\/ioe?President::, ' ' ..''''o':'':;:y::r ' Jill BrdoKs^Gafnetf SenioRAflpePresldisht ; iBfyanrroWriserid ^ -

iSeriidhjVitJe President Cari Wise. Senior :\/ice President/Counsel . Wayne,Hykah..

^VicePresidents-?^-'' ' • "' .Griaig FbrsyilTiX; / : y i e e ? i i r e s i d e n t . Keith Dfaqobr^: ; *• ' -V?;; iVice^Pir^^derif:..-. • ":'-c . - ^ i - - : : . . . ,,.. ' 3 james:6Kwirtler.S^^ . syieelPresldfeht/Assistarit G^ri ShaYn^PW'bacbidv ~ r"!;: I Vfiees i'esident/AiBsistant G = Michelle: Austin IVloeStrestderit//î6taht General Cbunsel/Assistant Secretary; ÂlisonJiSi^fe?: i:Vi<î^fesident,' "'-r'.y DanKagev ^îstanfîSiacratairy-: '-rfe: Susanne iSmith .

^^^bnipany'sbuslriess; and

^ f UF f HEP--R^^ tteitjallv^l^bf such officeiis thfpiigh Septeitj6er?^3i'2p hereby rafified, a approved in a! ^ and " ' V,

FURTHER RESOLVED, that this consent be filed vinth the minutes of the-prot iaMdin s of the Company.

DATED to be effective September 23, 2013.

HUNT ELP, LTD., a Texas limited partnership

BEING THE SOLE MEMBER

interest of a member or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similar entity. If none, state "Noiie." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


}\u/^k- <^.L? -LfA. . . fy^g/:^A.fH^<a;:v^. . t.oo'^-

SECTION I I I -" BliSlNESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Party had a "business relationship/' as defined in Chapter 2-156 of the Municipal Code, with any City elected official in the 12 months before the date this EDS is signed?

[ ] Yes y No



The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant arid any other person or entity whom thc Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid dr.estimated to be paid. The Disclosing Party is not required to (lisclose .employees who ar;e;paid'sole^ , -

"Lobbyist" means ariy person or entity who undertakes to-influence any legislative or administrative action on behalf of any person or entity other, than: (1) a not-forTprofit 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.


Page 3 of 13


Relationship to Disclosing Parly (subcontractor, attorney, lobbyist, etc.)

Fees (indicate whether paid or estimated.) NOTE: "hourly rate" or "Lb.d:" is not an acceptable response.


[^iCheck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.



Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City niust remain in compliance with their child support obligations throughout the contract's term.

Has any person who directiy or indirectly owns 10% or more of the Disclosirijg Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisSicfion?

[ ] Yes No [ ] No person directiy or indirectiy o\yhs 10% or more of the Disclosing Party. " -

I f "Yes," has the person entered into a court-approved agreement for payment of all support owed arid •is the person in compliance with that ajgreemenl? „ "

: ',[]Yes- '[]No-- • :•; \-''

B. FURTHER CERTIFICATIONS : . " ^ : " '

1. Pursuant to Municipal Code Chapter 1 -23, Article 1 ("Article l")(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 with the City, then the Discidsing Party cerfifies as follows: (i) neither the Applicant-nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article 1 is a continuing requirement for doing business with the Cily. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article 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 entityj all of those persons or entities idenfified in Section II .B: l . of this EDS;="^ ' ' ^

a. are not presently debarredv^siisperided, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government;

b. have not, withiri^a five-year'p^ of this EDS, been conyicted of a criminal, offense, adjudged giiiltyi orjha ^ in connection with: obtainirig,%tteiriptirig tb ;obtairi',:6r.p^^^ public (federal, state or local) transaction or contract urider a public transa'c ^ or state arititrust statutes; fraud; embezzlement;;lheft;-fofg^^^ or destruction of records; making false staterhents;"or rece ^ : ,

;C. , are not;present|yuridicted-fdr;t^ state or local) wjth ;c6w

d. have not, vvithih; a';five-y ai:{ ^ ^ of more public . transactions (

C: ; haVe-not, \yilhiri;:a:;fivd7year;pe dateoofthis EDSv been convicted, adjudged giiilty, or fourid|liableJin a civil proceeding, or in any criminal or civil action, including actions concerningsenvironriierital w the City or by the federal governmentv any

. statCj or any otheryunil of lo ^ ^ - ;

3. The certifications in subparts 3, 4>and 5 concern:

• the Disclosing.Parly; ^ ; ^ • any "Contractor" ;(me.aning any coritraclor^of 'Subcontractor used by the Disclosirig Party in

connection-with the;=Matter, including bill not limited to all persons or legal entities disclosed under Sec t ion : i -V, "piSClOS^^ ; ; , i ; . /

• any ''Affiliated-Entity''i(rrieaning a,per indirectly: controls the Disclosing ,Party,:iS:Cdntrplled;by ^ ^ • comnion control:pf/andther persbri;or entity:' Iridicia of cdriti-ol include] without limitation: ' -interlocking man3g^merit;or;bw:nersh^ shared facilities and equipmentj.cbriimpn use ofs a business entity following the;; ineligibility bfiai business •enfity;^ federal or state orlocal jgovemmcnt, incltidirig ; the.City, using siibstantially the sariie mkriag ^ ownership, dr principals as the ineUgible entity); with respect to Cbntractbrs, the teriti Affiliated:Entity means a jperson br enfity that directiy or indirectly controls the Contraclbr;: is cbritrolled by it, or, with the .Contractor, is under common control of another person or entity; ^

• any responsible official ,of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Conlractoi- or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Parly, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclbsirig-Partyi nor any Contractor, nor any Affiliated Entity of eilhehthe Disclosirig Party or any;Coritract6r ribriariyiAgerits have, durin the five years before the date this EDS is signed, or, with respect'tbia'Go^^ or an Affiliated Entity of a'-.C the five years before lhe;date,;of siich!,^ or AffiliatedrEntily's contractior erigagerrienLinicorineclion with the Matter:'- '.''; •';•••;.''•'.';"•'-;'-;"-•:-'• •'-•,-,''•,';'•;•'-,•, " . "•.

'•-a;>'bribed pratteriipted to bribe convicted or adjudged guilty of bribery, or attempting to , RMbribe,i:aKp ^ employee of the City, the State;qf;llliriois, or any agency of the fede;ral

;; g ^ state or local govcmnient in the United Stales of America, in thatofficer's . ,;.kbrerriplp.yee's;bfflcia • tvT-im-ri'y :::--: ^ :y :-- • • ';-;,.

b. :i; agreedfbrfcol^ bidders or prospective biddeifs; or been-a party to any such orâdjudged guilty of agreernerit prcoilusion among bidders or

; -prospeetiV ^ ^ of competitiorisby agreeriient to bid a fixed price or •,!-rfot-hefwis'c;cpr;, ;..: ^ ^ ^ .'- , '-

c. made/an admission of suchjconduct described in a. or b. aboye that is a-rnatter of record, but have hot beeri prosecuted for such conduct; or -r

d. violated thcijroyisions of Municipal Code Section 2-92-6LP (Living Wage Ordinance).

4. Neither the Disclosing Party, Affifiated Entity or Contractor, or any of their employees, officials, agentspr partners; is barred from contracting with any unit of state or local govemment as a result of. engaging in br^being convicted of (1) bid-rigging in violation of :720tiLGS 5/33E-3;i (2) bid-rotating in^ violalion ;of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America thaLcontaihsithe same elements as the offense ofîd-riggingî'o ,

5. Neitherith^^^^ Affiliated 'Erility is li%d;brifany of the^^^^ lists ^ mainfained;;by,ithe;0^ Control of^he U.Si-Deâ'ftinent^^^^^^^^ or the' Bureauvof^lndus^ Specialjy,^ DesignkedllSJatiprf^^^^ List, the Unverified^Siis^ % DebairediiLisHTC; -; ^ '-.' •-\•" • • :

~ ¥6V;;»!Thi^Disc^ of Chapters ;2,r55 N(sLegi|latiy ^ (Inspector Generaij arid;2iiL5^^ Ethics);of tlie ,: .MunicJp'al Cbde;;? ^ ^ ^ ''"•'-• ; . • - P. ^ - P ' ^ . ' f:-'-*

, 7. i f the DiscidsirigParty is unable to certify to any of theabbve statemehts in this Part B (Further Cerfificafibris), the Disclosing Party must explain below: ; . - ,

Page 6 of 13

If the letters "N A," the word "None," or no response appears on the lincs above, it will 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 following is a complete list of all current employees of the Disclosing Parly who were, al any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none"). None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As lo any gift listed below, please also list the name of the City recipient.

-MM



[ ] is is not



"We are riot and will 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 will 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 of the privilege of doing business with the City."

If the Disclosing Parly is unable to make this pledge because it or any of its affiliates (as defined in Secfion 2-32-455(b) ofthe Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):

Page 7 of 13




1. In accordance with Section 2-156-110 of the Municipal Code; Docs any official oremployee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes M No

NOTE: I f you checked "Yes" lo Item D.L, proceed to Items D.2. and D.3. I f you checked "No" to Item D. l . , proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no Cily elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any properly that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant lo the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.


[ ] Yes [ ] No

3. If you 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:

_Name _ Business Address Nature of Interest

4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any Cily official or employee.



Page 8 of 13


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 regiarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Parly has found no such records.


SECTION V I -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section VL I f the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.


1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Acl-of 1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets i f necessary): ,

.--Mm. I '1— : : . : : . ^

;(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activifies or to pay any person or entity lo 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 with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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 eventLthat 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) il is not an organization described in section 501(c)(4) ofthe Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".


B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY .

I f the Matter is federally funded,-fedejral regulations require the Applicant arid all proposed subcontractors to submit the follbwing information with their bids or in writing at the outset of negotiations.

Is the Disclosing Party the Applicant? >

[]Yes M;No


1. Have you developed and dp you have on file affirmative action programs pursuant lo applicable federal regulations? (See 41 CFR Pairt 60-2.)

[ ] Yes [ ] N o \ ' ' .

' 2 . Have you filed withthe Jbmt Reporting Cominittee, the Director of the Office of Federal.: Contract Compliance Programs, or the Equal Employment Opportunity.Commission a!ll reports due under the applicable filing requirements?

[ ] Yes [ ]No '


[ ]Yes [ ] N o


Page 10 of 13

SECTION V I I - ACKNOWLEDGMENTS, CONTRACT INCORPORATION • COMPLIANCE^PENALTIES, DISCLOSURE '-•'^t," .'.. 0 '

The Disclosing Party understands arid agrees that: ; ,

A. The certifications, disclosures, and ackriowledgrrients contained iriUhis EDS will become part of any contract or other agreement betweemthe Applicant arid the City J conriecliori with thC; Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any cpntracf br takirig pther ae The Disclosing Party understands that; it must comply with allijsktutes, ordirianceis, and regulations on which this EDS is based^ ,

B. The City's Govemmental;Ethics arid Cairipaign Financing Ordinances, Chapters 2-156;and-2-l64 of the Municipal Code, ini'ppse,certain;duties;arid:obligatibris pn persons work, business.Vbr transactions. The full text of these ordiriances;.ahd a training program is available ori line at www.cityofchicago.org/Elhics, and may also be obtained from the City's Board :of Ethics, 740 N.,

Sedgwick St., Suite 50Q, Chicago, IL ,60610, (312) 744--9660: The Disclosing Party miist comply fully with the applicable ordiriariceSv, h - , ;, ; : , ; i ^ - • : •

C. If thc City detcrmines thal any information provided in-this EDS is false, incomplete or inaccurate, any contract onpther agrieement in corincction with.which it is submitted may be rescinded or be void or:: voidable,:;and the City may pursue ariy remedies under ihe.conlract or agreement (if,no.t rescindcd:or void), at law, oKiri cquity,:includirig;terminating thesDisclbsingi Party's'participation iri ; ^ declining to allow the Disclosing Parly to participale;in other transactipns with the City. Remedies at law for a false statement of iriaterial Tact maysinclude incarceration and a'n award to.the.City of treble damages.

b . It is the City's policy:to'make this document available itd Ihe public on its^M request. Spme:or;all pfjthe: infprmati^^ prpyided on lhis, EDSiandj riiade aV^ilable:tb ithe piiblic bii the Iriternet;' in resppnse'tp/asFreedoiri L ^^ ^ ^ otherwise. iBy cpmpleting and-signing this EDS, the Discl.p ^ :\ rights'or claims which.ifriiay;^^^ City in conriectipri iwithdhe/pubiic Telea ^

"CPnlaincdlri this EDS arid also authbri ^ the City to verify:the;accuraey,bf:any m in this EDS. -• - ',' ., f-": '^-'^-.•'i^.l. ••'. f y'yjZZ ' y^:-^ tj'y. f-

E. The information provided iri this EDS must be kept current. In the event of chariges, the Disclosing Party must suppleriierit this EDS up lb'the time the City-takes action oh 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 corilraict requires. NOTE: With respect to Matters subject to Article 1 of ' Chapter 1-23 of the Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility 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. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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 Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 I f Ihe Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter cerfifications equal in form and substance to those in F.I . and F.2. above and will 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 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 . lF .2 . or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) waiTants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as of the date furnished to the City.

BSCTgttcxiMfeityo Hunt Capital Partners, LLC (Printer type name of Disclosing Party)

(Sign here)

Dana L. Mayo (Print or type name of person signing)

Senior Vice President/Managing Direntor (Print or type title of person signing)

S^^ed.aiid sworn to before me on (dale) at ""^-^-^ County, (state).

Notary Public.

Commission expires:

Page 12 of 13

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODBsues

Stale of Califomia

County of U>S Avlêlc^ !

On iamaN 1,^014 before me, IfcWflm C^htbrê.mrhaf.l I Dka> • ' Htw InMit N>me and Tiila o) II

personally appeared ê\V\a V' \Ai\^jf,

MICHAEL I 1950730 1

lEWAMQHEBREMICHAEL Commlsilon it 1950730 Noltry Put)llc • Calllornis |

y UsAnigeKs County ^ Mv Comm. EKPIMS Sep 30.2016^

Place Nola/|r Soal Abova

Who proved to -me ,on the, basis of satisfactory evidence to be the persorij^^ whose namej{6j'is/5ar6 subscribed to the within Insfrument and acknovvledged to rhe, Ifiat he/§hÂl)e^ executed the same in his/lj€ifytj)^ authorized capacltWje^, and that by hisftjeffi^diF signature^^bn -the instmment the persoi]fi!if, or the entity upon behalf of which the person{Bâcted, executed the instmtrient.

I certify under PENALTY OF PERJURY under the laws of tho State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

mi Signatuj

OPTIONAL GIgiuturs ot Notary PuWc

Though the Informallon below Is not required by law. It maypro^ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this lorm to another docurnent.

Descr ipt ion of Attached Document

Tille or Type of nnaimftnt: 0^ O M C H ^ hlfi'dttU t/v\vtnl-(?t|),hrtl fe\r\Ylerg j L l T .

Document Date: .• - ' ' Number of Pages: l>>

Slgner(s) Other Than Named Above: Capaclty(|)») Claimed by Slgner(d) -Slgnflf^s Mama- t M AVj 0 Signer's Name:.

^ Corporate Olllcer — Tillo(s):'

• Individual

• Par tner-•L imi ted • General

• Attorney In Fact

• Trustee

• Guardian or Conservator

• Other: ' -

lîlll^.ii<£t|»fC] Corporate Officer — Tllle(5):_

• Individual

• Partner— • Limited • General

• Attorney in Fact

• Trustee

• Guardian or Conservator

• Other:

Signer Is Representing:. Signer Is Representing:

-^mtîiit&taiftsasiiiafiitstimi^^ ©2012 National Notary Assoclatton • NationalNotary.org • 1-800 US NOTARY (1-aaO-876-€827} Item 415907


APPENDIX A



Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected cily official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party hsted in Section II.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Parly, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) ail principal officers of the Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.


[ ] Yes No

If yes, please identify below (I) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT


A. Legal name ofthe Disclosing Party submitfing this EDS. Include d/b/a/ i f applicable:

St. Edmund's Redevelopment Corporation



OR 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: St. Edmund's Oasis, LLC OR

3. [ ] a legal entity with a right of control (see Section n.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: 6105 S. Michigan Avenue

Chicago, Illinois 60637

C. Telephone: 773-752-8893 Fax: 773-752-8067 Email: [email protected]

D. Name of contact person: Cecelia Hunt


Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Includeproject number and location of property, i f applicable): Bond Inducement for Multi-family Tax Exempt Revenue Bonds to finance a 58-unit affordable housing rental development on 4 sites at 6100-24 S. Pralrle/227-233 E. 61st Street, 219-221 E. 61st St, 310-312 E. 61st St/6053-59 S. Prairie and 6145-55 S. Indiana. Chicago, IL 60637 (SL Edmund's Oasis) G. Which City agency or department is requesting this EDS? Dept. of Planning and Development



Ver. 01-01-12 Page 1 of 13



1. Indicate the nature ofthe Disclosing Party:

Person [ ] Limited liability company Publicly registered business corporation [ ] Limited liability 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))? Limited partnership P<] Yes [ ] No Trust [ ] Other (please specify)


Illinois


[ ] Yes [ ] No [ ] N/A


1. List below the full names and titles of all 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 are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).

I f the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party.

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

Name Title Rev. Richard L. Toliiver President

Chester Slaughter Vice-President

Michael A. Mitchell Secretary/Treasurer

No members

2. Please provide the following 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 of such an interest include shares in a corporafion, partnership interest in a partnership or joint venture.

Page 2 of 13

interest of a member or manager in a limited liability company, or interest ofa beneficiary of a trust, 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 may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


None

SECTION III -- BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D O F F I C I A L S


[ ] Yes M No


SECTION IV -DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

The Disclosing Party must disclose the name and business address ofeach subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.

"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.


Page 3 of 13





|X] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.





[ ] Yes [ ] No [X] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes [ ] N o



Page 4 of 13

2. The Disclosing Party and, i f the Disclosing Party is a legal entity, all of those persons or enfities identified in Section l l . B . l . of this EDS:

a. are not presently debarred, suspended, proposed for debannent, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of govemment;

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 public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitmst 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 govemmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local government.




Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization ofa business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Enfity, or an Affiliated Enfity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any state or local government in the United States of America, in that officer's or employee's official capacity;





5. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following 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 List, the Denied Persons List, the Unverified List, the Enfity List and the Debarred List.



None

Page 6 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party cerfified to the above statements.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").

None

9. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. None



[ ] is [X] is not



"We are not and will 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 will 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 of doing business with 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 addifional pages i f necessary): None

Page 7 of 13

I f the letters "NA," the word "None," or no response appears on the lincs above, it will be conclusively presumed that the Disclosing Party certified to the above statements.



1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes M No

NOTE: I f you checked "Yes" to Item D. I . , proceed to Items D.2. and D.3. I f you checked "No" to Item D . I . , proceed to Part E.



[ ] Y e s [ ] N o

3. I f you checked "Yes" to Item D. l . , provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:





Page 8 of 13




SECTION VI - CERTIFICATIONS FOR F E D E R A L L Y FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Secfion VI I . For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.


1. List below the names of all 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):

None

(If no explanation appears or begins on the lines above, or i f the letters "NA" or if the word "None" appear, it wil 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 with respect to the Matter.)


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 of the statements and informafion set forth in paragraphs A . l . and A.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in secfion 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organizafion described in section 501(c)(4) ofthe Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. I f the Disclosing Party is the Applicant, the Disclosing Party must obtain cerfifications equal in form and substance to paragraphs A . I . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.




[ ] Yes [X] No



[ ] Yes [ ] No

2; Have you filed with the Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13

SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, C O M P L I A N C E , P E N A L T I E S , DISCLOSURE



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, or transactions. The 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 City's Board of Ethics, 740 N .



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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible

TiglTts or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

B. The informafion provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. 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 Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility 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.2 If the Disclosing Party is the Applicant, Uie Disclosing Party and its Affifiated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will 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 reason to believe has not provided or cannot provide tmthful certificafions.

NOTE: If the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if appUcable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as of the dale fumished to the City.

St. Edmund's Redevelopment Corporation


(Sign here)

Richard L Toliiver


President (Print or type title of person signing)

Signed and swom to before me on (date) - ^ A A J i \ :^0i^ . at Cnn)C Coum, JXLU A/OLS

Commission expires: ^ l i L i"7^ OlVg

(state).

, Notary Public.

r 1 ^ *

Page 12 of 13

OFFICIAL SEAL OtANE GORE

Notary Public • State ol """" 's My Comrnission Expires Jul 17. 2016

_ J m m » ~


APPENDIX A




"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section II.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, i f the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, i f the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.


[ j Yes ~ [x]No

If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT



St. Edmund's Oasis il, Inc.



OR 2. [X] a legal entity holding a direct or indirect interest in the Applicant State the legal name of the


3. [ ] a legal entity with a right of control (see Section n.B.l .) State the legal name of the entity in which the Disclosing Party holds a right of control:


Chicago, lilinois 60637




F. Brief description of contracty transaction or other undertaking (referred to below as-the"Matter")-to which this EDS pertains. (Includeproject number and location of property, i f applicable): Bond inducement for Multi-family Tax Exempt Revenue Bonds to finance a 58-unlt affordable housing rental development on 4 sites at 6100-24 S. Prairje/227-233 E. 61st Street 219-221 E. 61st St. 310-312 E. 61st St/6053-59 S. Prairie and 6145-55 S. Indiana. Chicago, IL 60637 (St Edmund's Oasis) G. Which City agency or department is requesting this EDS? Dept. of Planning and Development



Ver. 01-01-12 Page I of 13



1. Indicate the nature of the Disclosing Party: [ ] Person [ ] Limited liability company [ ] Publicly registered business corporation [ ] Limited liability partnership |X] 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))? [ ] Limited partnership [ ] Yes [ ] No [ ] Tmst [ ] Other (please specify)


Illinois


[ ] Yes [ ] No [ ] N/A


I . List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. I f there are no such members, write "no members." For tmsts, estates or other similar entities, list below the legal titleholder(s).

I f the enfity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party.

"NOTE: Each"legaLentity listed below must submit an EDS on its own behalf.

Name Title Rev. Richard L. Toliiver President

Chester Slaughter Vice-President

Michael A. Mitchell Secretary/Treasurer

2. Please provide the following 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 of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,

Page 2 of 13

interest of a member or manager in a limited liability company, or interest ofa beneficiary of a tmst, 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 may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


St. Edmund's Redevelopment Corporation 6105 S. Michigan Avenue Chicago, IL 60637 100%



[ ] Yes [X] No


SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED P A R T I E S

The Disclosing Party must disclose the name and business address ofeach subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.



Page 3 of 13





Ix] 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 ~ CERTIFICATIONS


Under Municipal Code Secfion 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.


[ ] Yes [ ] No [X] No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] N o



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 l l . B . l . of this EDS:

a. are not presently debarred, suspended, proposed for debannent, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of govemment;

b. have not, within a five-year period preceding the date of this EDS, been convicted ofa criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;






connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirectiy: controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of-another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization ofa responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Enfity ofa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, or any agency of the federal government or of any state or local govemment in the United States of America, in that officer's or employee's official capacity;




4. Neither the Disclosing Party, Affiliated Enfity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of 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 List, 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 (Govemmental Ethics) of the Municipal Code.


None

Page 6 of 13



None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient ( i f none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name ofthe City recipient. None



[ ] is p(] is not



"We are not and will 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 will 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 of doing business with 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 within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages i f necessary): None

Page 7 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it wil l be conclusively presumed that the Disclosing Party certified to the above statements.




[ ] Yes M No

NOTE: I f you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D. l . , proceed to Part E.



[ ]Yes [ ] N o

3. I f you checked "Yes" to Item D. I . , 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 wil l be acquired by any City official or employee.



Page 8 of 13


_X 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.



NOTE: I f the Matter Is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section VI , tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.



None


2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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.






[ ] Yes [X] No



[ ] Yes [ ] No

2-—Have -you filed with the Joint Reporting-Gommittee, the Director of the Office of Federal -Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13

SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, C O M P L I A N C E , PENALTIES, DISCLOSURE




Sedgwick St., Suite 500, Chicago, IL 60610,(312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.


D. It is the City's policy to make this document available to the public on its Intemet 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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible

-rights-or claims which-it-may-have against-the-City in connection with the pubfic release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in 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 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 Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility 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.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide tmthful certifications.


CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf ofthe Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as of the dale fumished to the City.

St. Edmund's Oasis II, Inc.


(Sign here)

Richard L. Toliiver

(Print or- type-name-of-person-signing)

President (Print or type title of person signing)

Signed and swom to before me on (date) 14 HP^'^ at PrfoVL County, XLUrt/olS (state).

^ Notary Public.

Commission expires: > L, O j ^ D l ^ .

Page 12 of 13

OFFICIAL SEAL DIANE GORE

Notiry PubUc • Stile ol IINnols My Commission Explrat Jul 17. 2016


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists i f as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section II.B.l.a., i f the Disclosing Party is a corporation; all partners ofthe Disclosing Party, i f the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary ofa legal entity or any person exercising similar authority.


[ ]Yes [x] No - - -


Page 13 of 13


AND AFFIDAVIT



St. Edmund's Oasis MM, LLC



OR 2. [X] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the


3. [ ] a legal entity with a right of control (see Section l l .B . l . ) State the legal name of the entity in which the Disclosing Party holds a right of control:


Chicago, lilinois 60637




.i_Brief-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): Bond Inducement for Multi-family Tax Exempt Revenue Bonds to finance a 58-unit affordable housing rental development on 4 sites at 6100-24 S. Pralrle/227-233 E. 61st Street 219-221 E. 61st St, 310-312 E. 61st St/6053-59 S. Prairie and 6145-55 S. Indiana. Chicago, IL 60637 (St Edmund's Oasis)

G. Which City agency or department is requesting this EDS? Dept. of Planning and Development



Ver. 01-01-12 Page 1 of 13

SECTION II -- D I S C L O S U R E OF OWNERSHIP INTERESTS



Person ^ ] Limited liability company Publicly registered business corporation [ ] Limited liability 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))? Limited partnership [ ] Yes [ ] No Tmst [ ] Other (please specify)


Illinois


[ ] Yes [ ] No [ ] N/A


1. List below the full names and titles of all executive officers 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 tmsts, estates or other similar entities, list below the legal fitleholder(s).

I f the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and fitle of each general partner, managing member, manager or any other person or entity that controls the day-to-day management of the Disclosing Party.

JS-O-TE:-Each legal entity listed-below-must submit-an-EDS-on-its own behalf;

Name Title St Edmund's Oasis II, Inc. Member

Tria on Prairie, LLC Member

2. Please provide the following 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 of such an interest include shares in a corporafion, partnership interest in a partnership or joint venture,

Page 2 of 13

interest of a member or manager in a limited liability company, or interest ofa beneficiary of a tmst, estate or other similar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


St. Edmund's Oasis II, Inc. 6105 S. Michigan Ave, Chicago, IL 60637 50%

Tria on Prairie. LLC 6903 S. Wabash Chicago. Illinois 60637 50%

SECTION III - BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D O F F I C I A L S


[ ] Yes M No


SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND O T H E R RETAINED PARTIES

The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or enfity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose

"employees who are paid solely through the Disclosing Party's regular payroll.

"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative action on behalf of any person or entity other than: ( I ) a not-for-profit entity, on an unpaid basis, or (2) himself. "Lobbyist" also means any person or enfity any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.


Page 3 of 13

Name (indicate whether Business retained or anficipated Address to be retained)




[X] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

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




[ ] Yes ^ ] No [ ] No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] N o


1. Pursuant lo Municipal Code Chapter 1-23, Article I ("Article I")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13





d. have not, within 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, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions conceming environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.




Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control o f anothei^person or entity.- Indieia-of-^ontrol include,-without4imitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization ofa business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any


Pages of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity o fa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:






5. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, 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 (Legislafive Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.


None

Page 6 of 13


8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all 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 official, of the City of Chicago (if none, indicate with "N/A" or "none").

None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. None



[ ] is p(] is not



"We are not and will 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 will 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 with 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 within the meaning of Chapter 2-32 ofthe Municipal Code, explain here (attach additional pages i f necessary): None

Page 7 of 13





[ ] Yes [X] No

NOTE: I f you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D . l . , proceed to Part E.



[ ] Y e s [ ] N o

3. I f you 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:





Page 8 of 13


2 1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.



NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.



None

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it wil 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 ofthe Disclosing Party 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. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any -federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13

3. The Disclosing Party will submit an updated certification at the end ofeach calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A . l . and A.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "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 all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.




[ ] Yes ^ ] No



[ ] Yes [ ] No

— 2.—Have-you^iled-with-the Joint Repor-ting-GommitteeT-the-DirectOF of-the-Office of-Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Y e s [ ] N o


[ ] Yes [ ] No


Page 10 of 13



A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.




D. It is the City's policy to make this document available to the public on its Intemet site and/or upon request. Some or all ofthe information provided on this EDS and any attachments 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 or claims which it may have-against the City in connectiori Wit^^ contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in 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 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 Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by Chapter 1-23 and Secfion 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 Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide tmthful certifications.


CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as of the date fumished to the City.

SL Edmund's Oasis MM, LLC


Bv: &CQ.^/."M^^^^---^ (Sign here)

Richard L Toliiver

-(Print-or type name of person signing)

President, SL Edmund's Oasis II, Inc., Member


Signed and swom to before me on (date) a.OlH . at C<>pk Countv. /TtU/t/(?t^ (state). J • • ' ' - - • •

Notary Public. 1 OFFICIAL SEAL j OIANE GORE

Commission expires: "û^ H IÔii^ • J ^"^S^^S.SÎISTI I , ^ Commission Expires Jul 17.2016

Page 12 of 13


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section II.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, i f the Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[TYes Ixj-No

I f yes, please identify below (I) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13

C I T Y OF CHICAGO ECONOMIC DISCLOSURE STATEMENT

AND AFFIDAVIT

SECTION I - G E N E R A L INFORMATION

A. Legal name ofthe Disclosing Party submitting this EDS. Include d/b/a/ i f applicable:

St. Edmund's Oasis, LLC


Indicate whether the Disclosing Party submitting this EDS is: 1. IX] the Applicant



3. [ ] a legal entity with a right of control (see Section n.B.l . ) State the legal name of the entity in which the Disclosing Party holds a right of control:


Chicago, Illinois 60637



E. Federal Employer Identification No. ( if you have one):

_£._Brief-description_of-contract, transaction-or- otheHindertak-ing (referred-to-below-as the "Matter"-)-to which this EDS pertains. (Include project number and location of property, i f applicable): Bond inducement for Multi-family Tax Exempt Revenue Bonds to finance a 58-unit affordable housing rental development on 4 sites at 6100-24 S. Pralrle/227-233 E. 61st Street 219-221 E. 61st St, 310-312 E. 61st St/6053-59 S. Prairie and 6145-55 S. Indiana. Chicago, IL 60637 (St Edmund's Oasis) G. Which City agency or department is requesting this EDS? Dept. of Planning and Development



Ver. 01-01-12 Page I of 13

SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS



person ^ ] Limited liability company Publicly registered business corporation [ ] Limited liability 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))? Limited partnership [ ] Yes [ ] No Tmst [ ] Other (please specify)


Illinois

3, For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?

[ ] Yes [ ] No [ ] N/A


1, List below the ful l names and titles of all executive officers 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 tmsts, estates or other similar entities, list below the legal titleholder(s).

I f the enfity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title ofeach general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party.

-NOTE:-Each-legal-entityiisted below"must"submit"an~EDST)"n"Tfs own iJehalf.

Name Title St. Edmund's Oasis MM, LLC Managing Member


Page 2 of 13

interest ofa member or manager in a limited liability company, or interest ofa beneficiary ofa tmst, 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 may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


St. Edmund's Oasis MM, LLC* 6105 S. Michigan Avenue Chicaqo. IL 60637 100%

SECTION III ~ BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D O F F I C I A L S


[ ] Yes M No



The Disclosing Party must disclose the name and business address ofeach subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid._ The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.



* It is anticipated that Hunt Capital Partners, LLC or one of its affiliates located at 15260 Ventura Blvd. Suite 600, Los Angeles, CA 91403 will become a member of St. Edmund's Oasis, LLC at the dosing of the transaction with a 99% interest.

Page 3 of 13

Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether retained or anticipated Address (subcontractor, attomey, paid or estimated.) NOTE: to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is

not an acceptable response. Oakk Construction Company, (Retained) 7742 W. 61st Place Summit, IL 60501 Contractor $14,670,000 esL

Johnsons. Lee Architects, Ltd., (Retained) 828 S. Wabash #210 Chicago, IL 60605 Architect $385,000 est.

Albert Whitehead, PC, (Retained) 10 N. Dearborn, Suite 600 Chicago, IL 60602 Attorney $110,000 est.

Universal Structured Finance Group, (Retained) 33728 Wolf Creek Trail Kiowa, CO 80117 Municipal Advisor $200,000 est.


[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

SECTION V ~ CERTIFICATIONS




[ ] Yes |x| No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes [ ] No


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13




c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal govemment, any state, or any other unit of local govemment.




Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common~control-of another-person or entity. Indicia o f eontrol-includerwithoutlimitation: — interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity or any


Pages of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity ofa Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee ofthe City, the State of Illinois, 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 official capacity;




4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of ( I ) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following 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 List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.



None

Page 6 of 13

I f the letters "N A," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, of the City of Chicago ( if none, indicate with "N/A" or "none"). None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient. None



[ ] is pK] is not



"We are not and will 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 will 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 o fa predatory lender may result in the loss of the privilege of doing business with 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 within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages i f necessary): None

Page 7 of 13




1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee ofthe City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes [X] No

NOTE: I f you checked "Yes" to Item D . l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D. l . , proceed to Part E.



[ ] Yes [ ] No

3. I f you 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:





Page 8 of 13



_ 2 . The Disclosing Party verifies that, as a result of conducting the search in step I above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI -- C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.



None

(If no explanation appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)


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 of the statements and information set forth in paragraphs A . I . and A.2. above.


5. I f the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . I . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.




[X] Yes [ ] No



[X] Yes [ ] N o

2-—^Have you-filed-with the Joint Reporting-Gommittee7 the-Director of the 0ffice-of Federal- -Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

M Yes [ ] No


[ ] Yes ^ ] No

I f you checked "No" to question I . or 2. above, please provide an explanation:

Page 10 of 13

SECTION VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, C O M P L I A N C E , PENALTIES, DISCLOSURE



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, or transactions. The 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 City's Board of Ethics, 740 N.



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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible -rights or claims-which it may have against the Gity in connection with the public reiease of information— contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.



Page 11 of 13



F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. l . and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.


CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as of the date fumished to the City.

St. Edmund's Oasis, LLC


By: (Sign here)

Richard L. Toliiver

(Print or type name of person signing) President of SL Edmund's Oasis 11, Inc. Member St. Edmuntfs Oasis MM. LLC. Managing Member

(Print or type tit le o f person signing)

Signed and swom to before me on (date) TiAvt) f'Y. 301*^ . at (!lxJ0V> Ccfcnty, 1?U_tVOl5» (state).

Commission expires: i-^ 1"? StO^^

Notary Public.

m m A Mk m,

OFFICIAL SEAL DIANE GORE

Noury Public - State oi lllinolt My Commission Expires Jul 17. 2016

Page 12 of 13


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section U.B.l.a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, i f the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[~]-Yes [X]No-—


Page 13 of 13

-.v :'

City of Chicago

Office of tiie City Clerk


O2014-1285

; Meeting Date:

Sp6nis6r(s):

C6mmittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Expenditure of open space impact fee funds for Excel Academy of Englewood Committee on Special Events, Cultural Affairs and Recreation

•) •P-:

sr.. EV-




February 5,2014



At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing the expenditure of Open Space Impact Fee Funds.


Very truly yours,

Mayor

ORDINANCE

WHEREAS, the City of Chicago (the "City"), Is a home rule unit of government under Article Vll, Section 6(a) of the Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City Is authorized under Its home rule powers to regulate the use and development of land; and

WHEREAS, it is a reasonable condition of development approval to ensure that adequate open space and recreational facilities exist within the City; and

WHEREAS, on April 1, 1998, the City Council ofthe City (the "City Council") adopted the Open Space Impact Fee Ordinance codified at Chapter 18 of Title 16 (the "Open Space Ordinance") of the Municipal Code of Chicago (the "Code") to address the need for additional public space and recreational facilities for the benefit of the residents of newly created residential developments in the City; and

WHEREAS, the Open Space Ordinance authorizes, among other things, the collection of fees from residential developments that create new dwelling units without contributing a proportionate share of open space and recreational facilities for the benefit of their residents as part of the overall development (the "Fee-Paying Developments"); and

WHEREAS, pursuant to the Open Space Ordinance, the Department of Finance ("DOF") has collected fees derived from the Fee-Paying Developments (the "Open Space Fees") and has deposited those fees in separate funds, each fund corresponding to the Community Area (as defined in the Open Space Ordinance), in which each of the Fee-Paying Developments is located and from which the Open Space Fees were collected; and

WHEREAS, the Department of Planning and Development ("DPD") has determined that the Fee-Paying Developments built in the Community Areas listed on Exhibit A attached hereto have deepened the already significant deficit of open space in those Community Areas, which deficit was documented in the comprehensive plan entitled "The CitySpace Plan," adopted by the Chicago Plan Commission on September 11, 1997 and adopted by the City Council on May 20, 1998 pursuant to an ordinance published at pages 69309-69311 of the Journal of the Proceedings of the City Council (the "Journal") of the same date; and

WHEREAS, the Chicago Public Schools (the "CPS') is the owner of a parcel of land on the campus of Excel Academy of Englewood. as described on Exhibit A hereto (the "Property"); and

WHEREAS, Openlands. a 501(C)(3) Illinois not-for-profit corporation, is dedicated to preserving and creating open space; and

WHEREAS, the City. CPS and Openlands desire to a create school garden at the above mentioned school (the "Project") for the benefit and use of the above mentioned school and the Community Area in which it is located; and

1

WHEREAS, DPD desires to provide to Openlands Open Space Fees in an amount not to exceed $128,239 (the "Grant") for construction costs associated with the Project; and to create open spaces and recreational facilities in the Community Areas listed on Exhibit A; and

WHEREAS, the Open Space Ordinance requires that the Open Space Fees be used for open space acquisition and capital improvements, which provide a direct and material benefit to the new development from which the fees are collected; and

WHEREAS, the Open Space Ordinance requires that the Open Space Fees be expended within the same or a contiguous Community Area from which they were collected after a legislative finding by the City Council that the expenditure of the Open Space Fees will directly and materially benefit the developments from which the Open Space Fees were collected; and

WHEREAS, DPD has determined that the use of the Open Space Fees to fund the Project will provide a direct and material benefit to each of the Fee-Paying Developments from which the Open Space Fees were collected; and

WHEREAS, DPD has determined that Open Space Fees to be used for the purposes set forth herein have come from the specific fund set up by DOF for the corresponding Community Area in which a Fee-Paying Development is located and from which the Open Space Fees were collected; and

WHEREAS, DPD has recommended that the City Council approve the use of the Open Space Fees for the purposes set forth herein and on Exhibit A through this ordinance; and

WHEREAS, DPD has recommended that the City Council make a finding that the expenditure of the Open Space Fees as described herein will directly and materially benefit the Fee-Paying Developments from which the Open Space Fees were collected; now, therefore,


SECTION 1. The above recitals are expressly incorporated in and made part of this ordinance as though fully set forth herein.

SECTION 2. The City Council hereby finds that the expenditure of the Open Space Fees will directly and materiaily benefit the residents of those Fee-Paying Developments from which the Open Space Fees were collected and approves the use of the Open Space Fees for the purposes described herein.

SECTION 3. The Commissioner of DPD (the "Commissioner") or a designee of the Commissioner are each hereby authorized, subject to the approval of the Corporation Counsel to enter into an grant agreement with Openlands in connection with the Project, in substantially the form attached hereto as Exhibit B and to provide Open Space Fees proceeds to Openlands in an amount not to exceed $128,239 from the corresponding fund to pay for expenses permitted under the Open Space Ordinance.

SECTION 4. Open Space Fees in the amounts on Exhibit A from the Community Area's Open Space Fees Funds are hereby appropriated for the purposes described herein.

SECTION 5. To the extent that any ordinance, resolution, rule, order or provision of the Code, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any other provisions of this ordinance.

SECTION 6. This ordinance shall be in full force and effect from and after the date of its passage.

EXHIBIT A

DESCRIPTION OF PROJECT

School Garden Project

Excel Academy of Englewood School Proiect

Address: 7121 S. Morgan Chicago, Illinois 60621 (the

"Property")

Community Area: Englewood

Description of Project: Design, hardscape, installation of plant material project management, art and asphalt removal

Amount of Open Space Fees: $128,239

EXHIBIT B

GRANT AGREEMENT

GRANT AGREEMENT

This Grant Agreement (this "Agreement") is entered into as of , 2014 (the "Closing Date"), between the City of Chicago (the "City"), an Illinois municipal corporation, acting through its Department of Planning and Development ("DPD"), and Openlands, an Illinois not-for-profit corporation ("Grantee"). Grantee and the City are sometimes referred to herein as the"Parties."

RECITALS

WHEREAS, the Open Space Impact Fee Ordinance, Chapter 18 of Title 16 of the Municipal Code of Chicago (the "Code"), authorizes the collection of fees (the "Open Space Fees") as a condition of issuance of a building permit for proposed new dwelling units to ensure that adequate open space and recreational facilities are available to serve residents of new developments in the City; and

WHEREAS, the City's Department of Finance("DOF") has collected Open Space Fees (the "Englewood Open Space Fees Proceeds") for new dwelling units built in the Community of Englewood ("the Englewood Community") and has deposited such Open Space Fees Proceeds in a separate fund identified by CAPS Code PS68 131 54 5068 2604; and

WHEREAS, the Chicago Public Schools ("CPS") is the owner of a parcel of land on the campus of Excel Academy of Englewood, which is described on Exhibit A hereto (the "Property");

WHEREAS, the City and Grantee desire to create a school garden at the above mentioned school (the "Project") for the benefit and use ofthe above mentioned school and its community area;

WHEREAS, the Grantee is a not-for-profit agency dedicated to preserving and creating open space;

WHEREAS, DPD desires to provide to Grantee Open Space Fees Proceeds, in an amount not to exceed $128,239 (the "Grant") for reimbursement costs associated with the Propct; and

WHEREAS, on , 2014, the City Council ofthe City adopted an ordinance (the "Authorizing Ordinance"), published in the Journal of the Proceedings of the City Council for said date at pages to ^which found, among other things, that the Project would provide a direct and material benefit to the residents of the new developments originating the Open Space Fees and authorized the Grant subject to certain terms and conditions (the "Authorizing Ordinance"); and

WHEREAS, under the terms and conditions hereof the City agrees to make the Grant available to Grantee; and

WHEREAS, the City and Grantee have among their powers the authority to contract with each other to perform the undertakings described herein;

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the above recitals which are made a contractual part of this Agreement, and other good and

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valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and Grantee agree as follows:

SECTION 1. THE GRANT

1.1. Subject to the provisions set forth in this Agreement, the City will disburse the Grant to reimburse Grantee for all or part of the cost of completing the Project in accordance with the budget attached to this Agreement as Exhibit B (the "Budget"), which budget is hereby approved by DPD, and only after Grantee has submitted Certificate(s) of Expenditure to DPD (as defined below) along with such supporting documentation as the City may reasonably require.

1.2 Grantee may request that certificate(s) of expenditure substantially in the form attached hereto ("Certificates of Expenditure") as Exhibit E be processed and executed periodically. The City will not execute Certificates of Expenditure in the aggregate in excess ofthe actual cost of

the Project. Prior to each execution of a Certificate of Expenditure by the City, Grantee must submit documentation regarding the applicable expenditures to DPD. Delivery by Grantee to DPD of any request for execution by the City of a Certificate of Expenditure hereunder will, in addition to the items therein expressly set forth, constitute a certification to the City, as ofthe date of such request for execution of a Certificate of Expenditure, that,

(a) the total amount of the request for the Certificates of Expenditure represents the actual amount payable to (or paid to) the general contractor, subcontractors, and other parties who have performed work on or otherwise provided goods or services in connection with the Project, and/or their payees;

(b) all amounts shown as previous payments on the current request for a Certificate of Expenditure have been paid to parties entitled to such payment;

(c) Grantee has approved all work and materials for the current request for a Certificate of Expenditure, and such work and materials conform to the Drawings (hereinafter defined); and

(d) Grantee is in compliance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or the Grantee as related thereto.

1.3. Grantee hereby acknowledges and agrees that the Grant must be used exclusively for the Project. If the Grant should exceed the costs of the Project, Grantee must repay to the City any such excess Grant funds received by Grantee.

1.4. Grantee is solely responsible for any fees, costs and expenses of the Project in excess ofthe amount ofthe Grant and will hold the City harmless from all such excess fees, costs and expenses. Notwithstanding anything to the contrary in this Agreement, in no event will the City or Grantee be responsible for any cost or expenses of the Project exceeding the Budget. In the event that either party believes that the Budget may not provide sufficient funds for the construction of the Project, such party must notify the other party and the parties must cooperate to modify the Project so that it can be completed in accordance with the Budget.

1.5. The source of funds for the City's obligations under this Agreement are funds identified by CAPS Code: PS68 131 54 5068 2604. Grantee hereby acknowledges and agrees that

the City's obligations hereunder are subject in every respect to the availability of funds as described in and limited by this Section 1.5. If no funds or insufficient funds are appropriated and budgeted in any fiscal period ofthe City for disbursements ofthe Grant, then the City will notify Grantee in writing of that occurrence, and Grantee will have the right, but not the obligation to terminate this Agreement by written notice to the City.

SECTION 2. DEVELOPMENT AND CONSTRUCTION OF THE PROJECT

A. Title Commitment and Insurance; Survey. Grantee must be responsible for obtaining, at its own expense, any title commitment or title policy and survey with respect to the Property that it deems necessary.

B. Construction Documents and Landscape Plan. Grantee has developed the construction documents and a plan for the Project (the "Drawings") as shown on Exhibit C. No material deviation from the Drawings will be made without the prior written approval of DPD. which approval will not be unreasonably withheld, conditioned or delayed. The approval of the Drawings by DPD are for the purposes of this Agreement only and other than as set forth in the Drawings, no structures or improvements are to be constructed on the Property by Grantee without the prior written approval of DPD. which approval will not be unreasonably withheld, conditioned or delayed and will not constitute the approval required by the City's Department of Buildings, or any other Department of the City.

C. Schedule. Grantee has prepared a preliminary schedule for the development and construction of the Project as set forth on Exhibit D (the "Schedule"). No material deviation from the Schedule will be made without the prior written approval of DPD, which approval will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, in no event will the approval of DPD be required for any changes to the Schedule required because ofthe City's failure to approve and pay any Certificate of Expenditure, or required in connection with any force majeure event.

D. Use. The Project must be utilized as open space for use by the public for and on behalf of the City. This Agreement does not confer any special rights upon Grantee or any other person or entity to use the Project for private parties or events. The use of alcohol on the Property by any person or entity is strictly prohibited.

E. Certification. Grantee must submit a payment certification form as attached as Exhibit E prior to any Grant funds being released.

SECTION 3. TERM OF AGREEMENT

Term of Agreement. The term of this Agreement will commence as of the Closing Date and, unless othenwise terminated as provided in this Agreement, will expire on the second anniversary of the Closing Date. Notwithstanding the foregoing, if Grantee modifies the Schedule pursuant to Section 2(c) ofthis Agreement and such modification extends beyond the term, the term will be adjusted accordingly.

SECTION 4. COVENANTS AND REPRESENTATIONS

Grantee hereby warrants, represents and/or covenants to the City that:

4.1. Grantee will use the Grant solely for the Project and to pay for eligible costs as determined in the sole discretion of the City and outlined on Exhibit B.

4.2. Grantee will comply with all applicable federal, state, and local statutes, laws, ordinances, rules, regulations and executive orders that are in effect from time to time that pertain to or affect the Project. Grantee, or the Grant. Upon the City's request, Grantee will provide evidence of such compliance satisfactory to the City.

4.3. Grantee agrees that provisions required to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are deemed inserted whether or not they appear in this Agreement and that in no event will the failure to insert such provisions prevent the enforcement of this Agreement.

4.4. Grantee has full power and authority to enter into and perform its obligations under this Agreement, and the signing and delivery of this Agreement and the performance of its obligations under this Agreement have been duly authorized by all requisite corporate action.

4.5. Signing, delivery and performance by Grantee of this Agreement does not violate its bylaws, articles of incorporation, resolutions or any applicable provision of law, or constitute a material breach of, default under or require any consent under, any agreement, instrument or document, including any related to borrowing monies, to which Grantee is party or by which it is bound.

4.6. There are no actions or proceedings by or before any court, governmental commission, board, bureau or any other administrative agency pending, threatened or affecting Grantee that would materially impair its ability to perform under this Agreement.

4.7. Grantee is not in default on any loan or borrowing that may materially affect its ability to perform under this Agreement.

4.8. If the Grant, or a portion thereof, is used for construction. Grantee and all its contractors and subcontractors must meet labor standards and prevailing wage standards required by federal, state and City laws, regulations and ordinances.

4.9. Grantee must maintain and keep in force, at its sole cost and expense, at all times during the term of this Agreement, insurance in such amounts and of such type as set forth in Section 6 below.

4.10. Grantee must at all times perform its work in fulfilling its corporate mission with the utmost care, skill and diligence in accordance with the applicable standards currently recognized in the community.

4.11. Grantee is an Illinois not-for-profit corporation exempt from federal income taxation pursuant to Section 501(c)(3) ofthe Internal Revenue Code of 1986; and has provided the City a copy of the Internal Revenue Service Determination Letter evidencing such exemption. Grantee must at all times during the term ofthis Agreement maintain such tax-exempt status.

4.12. Grantee must comply with all policies issued by the City relating to Illinois not-for-profit corporations and federal tax-exempt entities, as such policies may be modified, amended or supplemented from time to time.

4.13. The Parties understand that the Chicago Public Schools will maintain the Project improvements on the Property in a condition and manner acceptable to the City.

4.14. It istheduty of Grantee and any bidder, proposer, subcontractor and every applicant for certification of eligibility for a City contract or program, and all officers, directors, agents, partners, and employees of Grantee and any such bidder, proposer, subcontractor or such applicant to cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code. Grantee represents that it understands and will abide by all provisions of Chapter 2-56 ofthe Municipal Code and that it will inform all contractors and subcontractors hired by Grantee in connection with this Agreement of this provision in writing and require their compliance.

It is the duty of the Grantee and any bidder, proposer, subcontractor and every applicant for certification of eligibility for a City contract or program, and all officers, directors, agents, partners, and employees of Grantee and any such bidder, proposer, subcontractor or such applicant to cooperate with the Legislative Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-55 ofthe Municipal Code. Grantee represents that it understands and will abide by all provisions of Chapter 2-55 of the Municipal Code and that it will inform all contractors and subcontractors hired by Grantee in connection with this Agreement of this provision in writing and require their compliance.

4.15 Failure by Grantee or any controlling person (as defined in Section 1-23-010 ofthe Municipal Code) thereof to maintain eligibility to do business with the City as required by Section 1-23-030 of the Municipal Code will be grounds for termination of this Agreement and the transactions contemplated hereby.

4.16 Independent Contractor

(a) The Grantee shall perform under this Agreement as an independent contractor to the City and not as a representative, employee, agent or partner of the City.

(b) The City is subject to the May 31,2007 Order entitled "Agreed Settlement Order and Accord" (the "Shakman Accord") and June 24, 2011 "City of Chicago Hiring Plan" (the "City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United State District Court for the Northern District of Illinois). Among other things, the Shakman Accord

and the City Hiring Plan prohibit the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.

(c) Grantee is aware that City policy prohibits City employees from directing any individual to apply for a position with Grantee, either as an employee or as a subcontractor, and from directing Grantee to hire an individual as an employee or as a subcontractor. Accordingly, Grantee must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Grantee under this Agreement are employees or subcontractors of Grantee, not employees of the City of Chicago. This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Grantee.

(d) Grantee will not condition, base, or knowingly prejudice or affect any term or aspect of the employment of any personnel provided under this Agreement, or offer employment to any individual to provide services under this Agreement, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Agreement, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.

(e) In the event of any communication to Grantee by a City employee or City official in violation of Section (c) above, or advocating a violation of Section (d) above, Grantee will, as soon as is reasonably practicable, report such communication to the Hiring Oversight Section ofthe City's Office of the Inspector General ("IGO Hiring Oversight") and also to the head of DPD. Grantee will also cooperate with any inquiries by IGO Hiring Oversight or the Shakman Monitor's Office related to this Agreement.

4.17 FOIA and Local Records Act Compliance

(a) FOIA. Grantee acknowledges that the City is subject to the Illinois Freedom of Information Act. 5ILCS 140/1 et seg.. as amended ("FOIA"). The FOIA requires the City to produce records (very broadly defined in FOIA) in response to a FOIA request in a very short period of time, unless the records requested are exempt under the FOIA. If Grantee receives a request from the City to produce records within the scope of FOIA. then Grantee covenants to comply with such request within 48 hours of the date of such request. Failure by Grantee to timely comply with such request will be a breach of this Agreement.

(b) Exempt Information. Documents that Grantee submits to the City during the term of the Agreement that contain trade secrets and commercial or financial information may be exempt if disclosure would result in competitive harm. However, for documents submitted by Grantee to be treated as a trade secret or information that would cause competitive harm. FOIA requires that Grantee mark any such documents as "proprietary, privileged or confidential." If Grantee marks a document as "proprietary, privileged and confidential", then DPD will evaluate whether such document may be withheld under the FOIA. DPD, in its discretion, will determine whether a document will be exempted from disclosure, and that determination is subject to review by the Illinois Attorney General's Office and/or the courts.

(c) Local Records Act. Grantee acknowledges that the City is subject to the Local Records Act. 50 ILCS 205/1 et. seg. as amended (the "Local Records Act"). The Local Records Act provides that public records may only be disposed of as provided in the Local Records Act. If requested by the City, Grantee covenants to use its best efforts consistently applied to assist the City in its compliance with the Local Records Act concerning records arising under or in connection with this Agreement and the transactions contemplated in the Agreement.

SECTION 5. ENVIRONMENTAL MATTERS

5.1. It will be the responsibility of Grantee to investigate and determine the soil and environmental condition ofthe Property, if deemed necessary, including obtaining phase I and, if applicable, phase II environmental audits for the Property. The City makes no covenant, representation or warranty as to the environmental condition of the Property or the suitability of the Property for any use whatsoever.

5.2. Grantee agrees to carefully inspect the Property and all easements or other agreements recorded against the Property prior to commencement of any activity on the Property to ensure that such activity will not damage surrounding property, structures, utility lines or any subsurface lines or cables. Grantee must be solely responsible for the safety and protection of the public on the portions ofthe Property affected by the Project, until the portion ofthe Project on each portion of the Property is completed. The City reserves the right to inspect the work being done on the Property. Grantee agrees to keep the Property free from all liens and encumbrances arising out of any work performed, materials supplied or obligations incurred by or for Grantee.

5.3. Prior to inspecting the Property, Grantee or its subcontractors, if any, must obtain insurance in accordance with Section 6 below, all necessary permits and. if applicable, a right of entry.

SECTIONS. INSURANCE

6.1. Grantee must provide and maintain at Grantee's own expense, or cause to be provided during the term of this Agreement, the insurance coverages and requirements specified below, as applicable, insuring all operations related to this Agreement.

INSURANCE TO BE PROVIDED

6.1.1. Workers Compensation and Employers Liability. Workers Compensation Insurance, as prescribed by applicable law. covering all employees who are to provide a service under this Agreement and Employers Liability coverage with limits of not less than $100,000 each accident or illness.

6.1.2. Commercial General Liability (Primary and Umbrella). Commercial General Liability Insurance or equivalent with limits of not less than $2,000.000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages must include the following: All premises and operations, products/completed operations, explosion, collapse, underground, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work or services.

Subcontractors performing work or services for Grantee must maintain limits of not less than $1,000,000 with the same terms in this subsection.

6.1.3. Automobile Liability (Primary and Umbrella). When any motor vehicles (owned, non-owned and hired) are used in connection with the services to be performed. Grantee must provide or cause to be provided. Automobile Liability Insurance with limits of not less than $1.000,000 per occurrence for bodily injury and property damage. The City is to be named as an additional insured on a primary, non-contributory basis.

6.1.4. Professional Liability. When any architects, engineers, project managers, administrators or other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained or caused to be maintained, with limits of not less than $1.000.000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.

6.1.5 Valuable Papers. When any designs, drawings, media, data, records, reports and other documents are produced or used under this Agreement. Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re-creation and reconstruction of such records.

6.1.6 Contractors Pollution Liability. When any remediation work is performed which may cause a pollution exposure. Contractors Pollution Liability must be provided or cause to be provided, covering bodily injury, property damage and other losses caused by pollution conditions that arise from the contract scope of services with limits of not less than $1.000.000 per occurrence. Coverage must include completed operations, contractual liability, defense, excavation, environmental cleanup, remediation and disposal. When policies are renewed or replaced, the policy retroactive date must coincide with or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting of two (2) years. The City is to be named as an additional insured on a primary, non-contributory basis.

6.2. ADDITIONAL REQUIREMENTS. Grantee must furnish the City of Chicago, Department of Housing and Economic Development, 121 N. LaSalle Street Room 1101, Chicago, Illinois 60602, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, ifthe coverages have an expiration or renewal date occurring during the term of this Agreement. Grantee must submit evidence of insurance on the City's Insurance Certificate Form (copy attached as Exhibit F) or equivalent prior to execution of the Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in this Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of the City to obtain certificates or other insurance evidence from Grantee is not a waiver by the City of any requirements for Grantee to obtain and maintain the specified coverages. Grantee must advise all insurers of the provisions of this Agreement regarding insurance. Non-conforming insurance does not relieve Grantee of the obligation to provide insurance as specified in this Agreement. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to suspend this Agreement until proper evidence of insurance is provided, or the Agreement may be terminated.

The insurance must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed.

Any deductibles or self insured retentions on referenced insurance coverages must be borne by Grantee.

Grantee agrees that insurers waive their rights of subrogation against the City, its employees, elected officials, agents, or representatives.

The coverages and limits furnished by Grantee in no way limit Grantee's liabilities and responsibilities specified within the Agreement or by law.

Any insurance or self-insurance programs maintained by the City do not contribute with insurance provided by Grantee under this Agreement.

The required insurance to be carried out is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.

If Grantee is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.

Grantee must require all subcontractors to provide insurance required in this Agreement, or Grantee may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of Grantee unless otherwise specified in this Agreement.

If Grantee or its subcontractors desire additional coverages, the party desiring additional coverages is responsible for the acquisition and cost.

Notwithstanding any provision in the Agreement to the contrary, the City's Risk Management Department maintains the right to modify, delete, alter or change these requirements.

SECTION 7. INDEMNIFICATION

Grantee will indemnify and defend the City, its officials, agents and employees (the "City Indemnitees") against any losses, costs, damages, liabilities, claims, suits, actions, causes of action and expenses (including, without limitation, attorneys' and expert witnesses' fees and court costs) the City Indemnitees suffer or incur arising from or in connection with the actions or omissions of Grantee and/or any contractors or subcontractors in implementing the Project, if any, or Grantee's breach of this Agreement. This defense and indemnification obligation survives any termination or expiration of this Agreement.

SECTION 8. NO LIABILITY OF OFFICIALS

No elected or appointed official or member or employee or agent ofthe City will be charged personally by Grantee or by an assignee or subcontractor, with any liability or expenses of defense or be held personally liable under any term or provision of this Agreement because of their execution or attempted execution or because of any breach hereof

SECTIONS. DEFAULT AND REMEDIES

9.1. If Grantee, without the City's written consent (which consent will not be unreasonably withheld, conditioned or delayed) defaults by failing to perform any of its obligations under this Agreement then the City may terminate this Agreement if such default is not cured as provided in Section 9.2 below. If the City so terminates this Agreement. Grantee must repay the City promptly any amounts received pursuant to this Agreement and not yet applied to the Project.

9.2. Prior to termination, the City will give Grantee 30 days' advance written notice of the City's intent to terminate stating the nature of the default. If Grantee does not cure the default within the 30-day period, the termination will become effective at the end of the period. With respect to those defaults that are not capable of being cured within the 30-day period. Grantee will not be deemed to be in default if it has begun to cure the default within the 30-day period and thereafter diligently and continuously prosecutes the cure of the default until cured.

9.3. Either Party may. in any court of competent jurisdiction, by any proceeding at law or in equity, seek the specific performance of this Agreement, or damages for failure of performance, or both.

SECTION 10. NO BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS

10.1. Pursuant to Section 2-156-030(b) ofthe Code, it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a business relationship, or to participate in any discussion in any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a business relationship. Violation of Section 2-156-030(b) by any elected official with respectto this Agreement will be grounds for termination of this Agreement. The term business relationship is defined in Section 2-156-080 ofthe Code.

10.2. Section 2-156-080 of the Code defines a "business relationship" as any contractual or other private business dealing of an official, or his or her spouse, or of any entity in which an official or his or her spouse has a financial interest, with a person or entity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year; provided, however, a financial interest will not include: (i) any ownership through purchase at fair market value or inheritance of less than 1 percent ofthe share of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized compensation paid to an official or employee for his office or employment; (iii) any economic benefit provided equally to all residents of the City; (iv) a time or demand deposit in a financial institution; or (v) an endowment or insurance policy or annuity contract purchased from an

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insurance company. A "contractual or other private business dealing" will not include any employment relationship of an official's spouse with an entity when such spouse has no discretion concerning or input relating to the relationship between that entity and the City.

SECTION 11. GENERAL CONDITIONS

11.1. Assignment. This Agreement, or any portion thereof will not be assigned by either Party without the express prior written consent of the other Party which consent will not be unreasonably withheld, conditioned or delayed.

11.2. Construction of Words. As used in this Agreement, the singular of any word will include the plural, and vice versa. Masculine, feminine and neuter pronouns will be fully interchangeable, where the context so requires.

11.3. Counterparts. This Agreement may be executed in counterparts and by different Parties in separate counterparts, with the same effect as if all Parties had signed the same document. All such counterparts will be deemed an original, will be construed together and will constitute one and the same instrument.

11.4. Entire Agreement. This Agreement contains the entire agreement between the City and Grantee and supersedes all prior agreements, negotiation and discussion between them witli respect to the Project.

11.5. Exhibits. Any exhibits to this Agreement will be construed to be an integral part of this Agreement to the same extent as ifthe same had been set forth verbatim herein.

11.6. Governing Law. Venue and Consent to Jurisdicfion. This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its principles of conflicts of law. If there is a lawsuit under this Agreement, each Party agrees to sutimit to the jurisdiction of the courts of Cook County, the State of Illinois and the United States District Court for the Northern District of Illinois.

11.7. Inspection and Records. Grantee must provide the City with reasonable access to its books and records relating to the Project and the Grant as will be required by the City and necessary to reflect and disclose fully the amount and disposition of the Grant. Any duly authorized representative of the City will, at all reasonable times," have access to all such books and records which right of access will continue until the date that is five years after the expiration or termination of this Agreement.

11.8. Modification. This Agreement may not be modified or amended except by an agreement in writing signed by both Parties.

11.9. Notice. Any notice, demand or communication required or permitted to be given hereunder will be given in writing at the address set forth below by any of the following means: (a) personal service; (b) electronic Communication, whether by electronic mail or fax; (c) overnight courier; or (d) registered or certified first class mail postage prepaid, return receipt requested.

To the City: City of Chicago Department of Planning and Development

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With copies to:

To Grantee:

Attention: Commissioner 121 N. LaSalle Street, Room 1000 Chicago, Illinois 60602 (312)744-4190 (312)744-2271 (Fax)

Department of Law City of Chicago Attention: Finance and Economic Development Division 121 N. LaSalle Street, Room 600 Chicago, Illinois 60602 (312) 744-0200 (312) 744-8538 (Fax)

Grantee 25 E. Washington Street Suite 1650 Chicago, Illinois 60602 (312) 838-6250 (312)863-6251 (Fax) Attention: Gerald W. Adelmann

with copies to: Barnett P. Ruttenberg 824 Judson Ave. Highland Park, II 60035 (224) 456-7209

Any notice, demand or communication given pursuant to either clause (a) or (b) hereof will be deemed received upon such personal service or upon dispatch by electronic means, respectively. Any notice, demand or communication given pursuant to clause (c) hereof will be deemed received on the day immediately following deposit with the overnight courier. Any notice, demand or communication given pursuant to clause (d) hereof will be deemed received three business days after mailing. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications will be given.

11.10. Parties' Interest / No Third Party Beneficiaries. The terms and provisions ofthis Agreement will be binding upon and inure to the benefit of. and be enforceable by. the respective successors and permitted assigns of the Parties. This Agreement will not run to the benefit of or be enforceable by. any person or entity other than a Party to this Agreement and its successors and permitted assigns. This Agreement should not be deemed to confer upon third parties any remedy, claim, right of reimbursement or other right. Nothing contained in this Agreement, nor any act of the City or Grantee will be deemed or construed by any of the Parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City or Grantee .

11.11. Severability. If any provision of this Agreement, or the application thereof, to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances will remain in full force and effect only if after excluding the

12

portion deemed to be unenforceable, the remaining terms will provide for the consummation ofthe transactions contemplated hereby in substantially the same manner as originally set forth herein.

11.12. Titles and Headings. Titles and headings in this Agreement are inserted for convenience and are not intended to be part of or affect the meaning or interpretation of this Agreement.

11.13. Waiver. Waiver by either party with respect to the breach of this Agreement will not be considered or treated as a waiver of the rights of such party with respect to any other default or with respect to any particular default except to the extent specifically waived by such party in writing.

11.14. Foreign Assets Control Lists. Neither Grantee , nor any affiliate thereof is listed on any ofthe following lists maintained by the Office of Foreign Assets Control ofthe U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law. rule, regulation, order or judgment: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List. For the purposes of this paragraph "Affiliate," when used to indicate a relationship with a specified person or entity, will mean a person or entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified person or entity, and a person or entity will be deemed to be controlled by another person or entity, if controlled in any manner whatsoever that results in control in fact by that other person or entity (or that other person or entity and any persons or entities with whom that other person or entity is acting jointly or in concert), whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.

11.15. Further Actions. Grantee and the City agree to do. execute, acknowledge and deliver all agreements and other documents and to take all actions reasonably necessary or desirable to comply with the provisions of this Agreement and the intent thereof

[The remainder of this page is intentionally blank. Signatures appear on the following page.]

13

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed and delivered as of the Closing Date.

CITY OF CHICAGO, an Illinois municipal corporation, acting by and through its Department of Planning and Development

By:. Andrew J. Mooney Commissioner

OPENLANDS, an Illinois not-for-profit corporation

By: President

14

EXHIBIT A

Property Description

EXCEL ACADEMY OF ENGLEWOOD

Property Address: 7121 S. Morgan Chicago, Illinois 60621

Community Area: Englewood

15

EXHIBIT B

Budget and Eligible Costs

Excel Academy of Englewood: $128,239

Cost Item $ 83,874.00 design, hardscape, and plant material $ 24.365.00 curriculum development and project management $ 10,000.00 art $ 10,000.00 asphalt removal

16

EXHIBIT C

Drawings

[To Be Attached]

17

EXHIBIT D

Proiect Schedule

[To Be Attached]

18

EXHIBIT E

Certificate of Expenditure

STATE OF ILLINOIS ) ) SS

COUNTY OF COOK )

The affiant, Openlands, an Illinois not-for-profit corporation, hereby certifies that with respect to that certain Agreement between Grantee and the City of Chicago dated , 2014 (the "Agreement'):

A. Expenditures for the Project, in the total amount of $ , have been made:

B. This paragraph B sets forth and is a true and complete statement of alt costs of Open Space Impact Fee-Funded Improvements for the Project reimbursed by the City to date:

$

C. Grantee requests reimbursement for the following cost of Open Space Impact Fee-Funded Improvements: $

D. None ofthe costs referenced in paragraph C above have been previously reimbursed by the City.

E. Grantee hereby certifies to the City that, as of the date hereof:

1. Except as described in the attached certificate, the representations and warranties contained in the Agreement are true and correct and Grantee is in compliance with all applicable covenants contained herein.

2. No event of Default or condition or event which, with the giving of notice or passage of time or both, would constitute a Default, exists or has occurred.

3. Grantee has approved ail work and materials for the current request for a Certificate of Expenditure, and such work and materials conform to the Plans and Specifications.

4. Grantee is in compliance with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, codes and executive orders, all as may be in effect from time to time, pertaining to or affecting the Project or Grantee as related thereto.

19

All capitalized terms which are not defined herein have the meanings given such terms in the Agreement.

By: Name

Title:

Subscribed and sworn before me this day of

My commission expires:

Agreed and accepted:

Name Title:

City of Chicago Department of Planning and Development

Meg Gustafson Department of Planning and Development City Hall, Room 905 312.744.0524

20

EXHIBIT F

Insurance Form

[To Be Attached]

21


AND AFFIDAVIT



Openlands

Check ONE ofthe foUowing three boxes:

Indicate whether the Disclosing Party submitting this EDS is: 1. the Applicant

OR 2. [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe

Applicant in which the Disclosing Parly holds an interest: OR

3. [ ] a legal entity with a right of control (sec Section II.B.I.) State the legal name of the entity in which the Disclosing Party holds a right of control:

B. Business address of the Disclosing Party: 25 E. Washington, Suite 1650

Chicago, IL 60602

C. Telephone: 312.863.6250 Fax: 312.863.6251 Email: [email protected]

D. Name of contact person: Jaime Zaplatosch

E. Federal Employer Identification No. (if you have one): •


Excel Academy of Englewood, 7121 S. Morgan St., Chicago, IL 60621 - School Garden

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

Ifthe Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:

Specification # Contract # N/A

Vcr. 01-01-12 Page 1 of 13



1. Indicate the nature of the Disclosing Party: ] Person [ ] Limited liability company ] Publicly registered busmess corporation [ ] Limited liability 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))? ] Limited partnership Yes [ ] No ] Trust [ ] Other (please specify)


Illinois

3, For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity?

[ ] Yes [ ] No N/A


1. List below the full names and titles of all executive officers 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).

Ifthe entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, 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 Title No members.

(See attached list of Officers and Directors)

2. Please provide the foUowing 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 of such an interest include shares in a corporation, partnership interest in a partnership or joint 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. If 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 from any applicant which is reasonably intended to achieve full disclosure.


N/A

SECTION III ~ BUSINESS RELATIONSHIPS WITH CITY E L E C T E D OFFICIALS


[ ] Yes ^ No



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 with the Matter, as well as the nature of the relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.


Ifthe Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.

Page 3 of 13

Name (indicate whether retained or anticipated to be retained)

Business Address




Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.





[ ]Yes [ ] No [J3 No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] No


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), ifthe Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13

2. The Disclosing Party and, ifthe Disclosing Party is a legal entity, all of those persons or entities identified in Section I I .B . I . of this EDS:





e. have not, within a five-year period preceding the date ofthis EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.




Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;

• any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13


a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to . bribe, a public officer or employee ofthe City, the State of Illinois, 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 official capacity;




4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or 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 on any ofthe following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, 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.


None

Page 6 of 13



None

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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.

None



[ ] is [J is not



"We are not and will 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 will 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 of the privilege of doing business with the City."

Ifthe 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):

None

Page 7 of 13





[ ] Yes M No

NOTE: I f you checked "Yes" to Item D.l . , proceed to Items D.2. and D.3. I f you 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 official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning ofthis Part D.


[ ] Yes m No

3. If you checked "Yes" to Item D.l ; , provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:




Please check cither 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to

Page 8 of 13



2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance poHcies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI ~ CERTIFICATIONS FOR F E D E R A L L Y FUNDED MATTERS

NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VII . For purposes ofthis Section VI , tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.



None


2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or einployee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13


4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. Ifthe Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . l ; through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.


If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations. N/A


[]Yes [ ] N o



[ ] Yes [ ] No


[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13




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, or transactions. The 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 City's Board of Ethics, 740 N.


C. Ifthe City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.



Page 11 of 13

F. l . The Disclosing Party is not deUnquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l . and F.2. above and will 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 reason to believe has not provided or cannot provide truthful certifications.

NOTE: I f the Disclosing Party cannot certify as to any of the items in F.l. , F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty ofpcrjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.

Openlands (Print or type name of Disclosing Party)

By (Sign here), u/ M

Gerald W. Adelmann


President & CEO


Signed and sworn to before me on (date) . Ll 11 j I I

Commission expires:

Notary Public. DIANE SOTIROS

OFFICIAL SEAL NotSfy Public, State of Illinois My Cornmlssion Expires

April 05, 2016

Page 12 of 13


APPENDIX A




"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners ofthe Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[ ] Yes pq No

If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13

Economic Disclosure Statement

Attachment Section I I , Question B, 1

Board of Directors Jill AUread - Chair Steven M. Ricchio - Treasurer Carrie C. McNally - Secretary John Tyler Anthony - Director Adrienne Archia - Director Gary Balling - Director Paul L. Becker - Director Alan Bell - Director Shaun C. Block - Director Richard J. Carlson, PhD - Director Bill Clarkin - Director George W. Davis - Director Garrett Handley Dee - Director Susan B. DePree - Director Derek Douglas - Director Victoria C. Drake - Director Josephine F. Elting - Director Hugh D. Frisbie - Director John M. Haight, III - Director Jonathan C. Hamill - Director Mark Harris - Director Scott Jamieson - Director Iris Krieg - Director Janis W. Notz - Director Andrew Otting - Director J. Timothy Ritchie - Director Jeff R. Rode - Director Charles Saltzman - Director Patrick Shaw - Director Nancy W. Sutherland - Director

Openlands Staff Gerald W. Adelmann - President & CEO Robert Megquier - Chief Operating Officer

City of Chicago



O2014-1015

Meeting: Date:

1: Spqrispr(s):

Type: |

; Title:

' • Commlttee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Sale of City-owned property at 5572 W Edmunds St to NeighborSpace for public open space use Committee on Housing and Real Estate

Hs,

R A H M E M A N U E L t v l A Y O R

O F F I C E OF T H E M A Y O R


February 5, 2014



At the request ofthe Commissioner of Plamiing and Development, 1 transmit herewith ordinances authorizing the sale of city-owned property.

Your favorable consideration of these ordinance will be appreciated.

Very truly yours,

Mayor

ORDINANCE

WHEREAS, the City of Chicago (the "City") is a home rule unit of govemment by virtue of the provisions of Article VII, Section 6(e) ofthe Constitution of the Slate of Illinois ori970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City Council ofthe City (the "City Council") finds that there is a lack of sufficient open space in the City for recreational and aesthetic uses, and as a result there is a need to develop small open spaces as parks, gardens and natural areas for public use for the benefit ofthe citizens ofthe City; and

WHEREAS, the Chicago Plan Commission ("CPC"), the Chicago Park District and the City Council have previously prepared and approved that certain planning document entitled, "CitySpace: An Open Space Plan For Chicago," dated January 1998 (the "Open Space Plan"), which sets forth certain goals and objectives for increasing open space in the City; and

WHEREAS, the Open Space Plan sets a tninimum standard of two acres of open space per 1,000 residents in each community area by 2010; and

WHEREAS, the City Council finds that the establishment of additional public open space and public parks is essential to the general health, safety and welfare ofthe City; and

WHEREAS, the City owns the real property identified on Exhibit A attached hereto and made a part hereof (the "Property"); and

WHEREAS, pursuant to an ordinance adopted by the City Council on March 26, 1996, and published at pages 18970 to 18979 in the Journal of Proceedings of the City Council of such date (the "NeighborSpace Ordinance"), the City Council approved the establishment of NeighborSpace, an Illinois not-for-profit corporation, as a collaboration among the City, the Chicago Park District and the Cook County Forest Preserve District to address the lack of sufficient open space in the City for recreational and aesthetic uses; and

WHEREAS, NeighborSpace was incorporated under the laws ofthe State of Illinois as a not-for-profit corporation on May 29, 1996, organized exclusively for charitable, scienfific and educational purposes including, but not liinited to, the preservation of open space and parks within the City; and

WHEREAS, the NeighborSpace Ordinance authorizes the City to sell or lease real property to NeighborSpace for use as open space benefiting the citizens ofthe City, subject to the approval of the City Council; and

WHEREAS, by Resolution No. 13-073-21, adopted by the CPC on November 21,2013, the CPC recommended the sale of the Property to NeighborSpace; and

WHEREAS, public notices advertising the City's intent to sell the Property to NeighborSpace and requesting altemative proposals appeared in the Chicago Sun-Times on November 24, December 8, and December 22, 2013; and

WHEREAS, no alternative proposals were received by the City prior to the deadline set forth in such advertisements; and

WHEREAS, the City desires to convey the Property to NeighborSpace for use as public open space, including, without limitation, the management and inaintenance of a community garden to be known as the "SRB Community Spirit Garden"; and

WHEREAS, the City Council finds that such conveyance is consistent with the goals and objectives ofthe Open Space Plan, which, among other things, specifies that parks, open spaces and other community facilifies should be located within walking distance of residential developments; and

WHEREAS, the City Council finds that the conveyance ofthe Property to NeighborSpace for iLse as public open space use will help alleviate the public open space shortage in the City and is in the best interests ofthe City; now therefore,


SECTION 1. The foregoing recitals, findings and statements of fact are hereby adopted as the findings ofthe City Council.

SECTION 2. The City hereby approves the conveyance ofthe Property to NeighborSpace for the sum of One Dollar ($1.00) per parcel.

SECTION 3. The Mayor or his proxy is authorized to execute, and the City Clerk is authorized to attest, a quitclaim deed (or quitclaim deeds) conveying the Property to NeighborSpace. The quitclaim deed(s) shall include the following covenant running with the land, or language substantially similar and acceptable to the Corporation Counsel:

NeighborSpace shall allow the Property to be used only as open space. The City, acting through the Commissioner of the City's Department of Planning and Development, or any successor department thereto, shall have authority to release this covenant upon the request of NeighborSpace. If NeighborSpace allows the Property to be used for any purpose other than open space without first obtaining a release of this covenant, the City may re-enter and take possession of the Property, terminate the estate conveyed to NeighborSpace, and revest title to the Property in the City.

SECTION 4. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.

SECTION 5. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.

SECTION 6. This ordinance shall be in full force and effect immediately upon its passage and approval.

Exhibit A - Legal Description of Property

- 3 -

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

(SUBJECT TO FINAL SURVEY AND TITLE COMMITMENT)

PARCEL 1: LOT 4 IN C. OLSON'S RE-SUBDlVISION OF LOT 15 AND LOT 16 (EXCEPT THE EASTERLY 50 FEET THEREOF) OF BLOCK 59 IN THE VILLAGE OF JEFFERSON, SECTION 8, TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS (EXCEPT THAT PART TAKEN FOR THE OPENING AND WIDENING OF NORTH CENTRAL AVENUE, IN PROCEEDINGS HAD IN COUNTY COURT COOK COUNTY, ILLINOIS, CASE NUMBER 51830).

COMMONLY KNOWN AS: 5572 W EDMUNDS ST CHICAGO, ILLINOIS

PERMANENT INDEX NO.: 13-08-421-051-0000

PARCEL 2: THE SOUTHWEST 33.4 FEET (MEASURED ON THE NORTHWEST LINE OF LOT) OF THE NORTHEAST 50 FEET (MEASURED ON SAID NORTHWEST LINE) OF LOT 16 IN BLOCK 59 IN THE VILLAGE OF JEFFERSON, BEING A SUBDIVISION TN SECTION 8 AND 9, fOWNSIlIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, AS PER PLAT RECORDED MARCH 29, 1855 AS DOCUMENT 57853, IN BOOK 85 OF MAPS, PAGE 101 AND RERECORDED SEPTEMBER 27, 1873, AS DOCUMENT 128220, IN BOOK 6 OF PLATS, PAGE 29 (EXCEPT THAT PART TAKEN FOR THE OPENFNG AND WIDENING OF NORTH CENTRAL AVENUE, TN PROCEEDTNGS HAD IN COUNTY COURT COOK COUNTY, ILLTNOIS, CASE NUMBER 51830).

COMMONLY KNOWN AS: 5556 W EDMUNDS ST / 4935 N CENTRAL AVE CFIICAGO, ILLINOIS

PERMANENT INDEX NO.: 13-08-421-052-0000


AND AFFIDAVIT

SECTION I - G E N E R A L INFORMATION


Check ONE ofthe followiag three boxes:

Indicate whether the Disclosing Party submitting this EDS is: 1. M the Applicant

OR 2. [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name ofthe


3. [ ] a legal entity with a right of control (see Section II.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:

CUie^Ô JTL. Ô^fX

C. Telephone: >^?>g?>6- }>\7^- Fax: 9 ? ? V^^ ' 0%^<\ Email:i3l<e\Ûa»ipl@>ie»^li(?6>r-S^<fc.g

D. Name of contact person: B><S/7 H^p^î^cL

E . Federal Employer Identification No. (if you have one): _, . ^-- - -•

F. Brief 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, if applicable):

G. Which City agency or department is requesting this "EDS? [. y.>r //P r/aKA.iAi^ o.vx M V<: (op>V'V':KV



Ver. 01-01-12 Page 1 of 13



1. Indicate the nature of the Disclosing Party: ] Person [ ] Limited liability company ] Publicly registered business corporation [ ] Limited liability partnership ] Privately held business corporation [ ] Joint venture ] Sole proprietorship '^^^^^^ot-for-profit corporation ] General partnership (Is the not-for-profit corporation also a 501(c)(3))? ] Limited partnership jM^^cs [ ] No ] Trust [ 1 Other (please specify)


' X .LU rv 6 (jS


[ 1 Yes [ ] No y^^lA^

fi. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:

1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if 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 titlcholder(s).

If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.

Name ^ \ i ^'^'^

S,^__aMcA.9.A Lis± i\) o. JM.iy\..b.Gjcs - - .--.-

2. Please provide the following 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 of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,

Page 2 of 13

ft Neighbor^^c^ A A ^ N. .SACRAMENIO B L V D , SUITE 2 0 4 , C H I C A G O , IL 6 0 6 1 2 ! 773-826-3240 1 W W W . N E I G H D 0 - S P A C L . 0 R G

BOARD OF DIRECTORS

PRESIDENT Gia BiagI

Chiciigo Park Distric;

VICE PRESIDENT

Commissioner Deborah Sims forest Preserve Disuict ol Cook County

SECRETARY Edward K. Ufilir Mille'iniuin PorK. inc.

TREASURER (J/nthia A. Bergman Freeborn A Peters, LLC

Con-imissioner Enka Allen Cniccgo Park Distrid

Commissioner Michelle Boone Depar.mentof Cultural Affairs Olid SiKCiai Everts

Walter Burnett, Jr. />lderniari 2nh Ward

Kathy Dickhut 0(;p*jrtmtv^l of Housing ai'id Fcor'iO'ntc OevBiopinerit

Dr. .Shemuel Israel Nor1.r, Lawndale Greening Conurittoo

Michael Kelly Cnicago Park District

Arnold Randall Forest Preserve District 0* Cc.Qk County

Elv'ia Rodrigues Ochoa Operiiands

Chris Slattery rorest Preserve District cl Cook Cour!ty

Christy Webber Cnnsty Webbef Lancscapes

Beth White TriJit for Public Land

NeighborSpace Board of Directors 2014

President Gia Biagi Chief of Staff Office of the Chief Executive Officer Chicago Park District 541 North Fairbanks Court Chicago, IL 60611 (312) 742-4682 [email protected]

Vice -President Deborah Sims Commissioner, District .5 Forest Preserve District of Cook County 1 18 North Clark Street, Room 567 Chicago, IL 60602 (312) 603-6381 (312) 603-2583 Fax

Secretary Edward K. b'hlir Program Director Millennium Park, Inc. 201 E. Randolph Street Chicago IL 60601-6530 (312) 744-2053 ed. uhi ir@sbcglobai. net

Treasurer Cynthia A. Bergmann Attorney Freeborn & Peters, LLC 311 South Wacker Drive, Suite 3000 Chicago, IL 60606-6677 (312)360-6652 [email protected]

Directors

Rrika Allen Commissioner Chicago Park District 541 North Fairbanks Court Chicago, IL 60611 773-376-8882 [email protected]

Michelle T. Boone Commissioner Dept of Cultural Affairs and Special Events 78 E. Washington Street, Room 300 Chicago, IL 60602 312-744-8923 [email protected]

Walter Burnett Aldennan, 27'" Ward 1463 W. Chicago . ve Chicago, IL 60622 312-432-1995 [email protected]

Shemuel B. Israel, DC Healthy Habits By Design 3443 West Polk St. Chicago, Illinois 60624 773-722-2561

[email protected]»

Chris Slattery Director of Planning & Development Forest Preserve District of Cook County 536 North Harlem ,4venue River Forest, IL 60305 708-771-1572 Chris.Slattery(^cookcountyil.gov Christy Webber President Christy Webber Landscapes 2900 W. Ferdinand Street Chicago, IL60612 (773) 533-0477 [email protected]

Elizabeth White Director, Chicago Area Office The Trust for Public Land 120 S. LaSalle Street, Suite 2000 Chicago, IL 60603 312-750-9825 [email protected]

Ex Officio Directors

Arnold Randall General Superintendent Forest Preserve District of Cook County 536 North Harlem Avenue River Forest, IL 60305 (708)771-1511 [email protected]

Non-Voting Directors

Hlvia Rodrigues Ochoa Neighborhood Programs Director Open lands 25 East Washington Street, Suite 1650 Chicago, IL 60602 (3120-863-6255 [email protected]

Executive Director

Ben Helphand Executive Director NeighborSpace 445 N. Sacramento Blvd Chicago, IL 60612 773-826-3127 [email protected]

Michael P. Kelly Superintendent Chicago Park District 541 North Fairbanks Court Chicago, IL 60611 (312) 742-4200 [email protected]

Kathy Dickhut Deputy Commissioner Dept. of Housing and Economic Dev. City of Chicago City Hall, Room 905, 121 N. LaSalle Street Chicago, IL 60602 (312) 744-1074 kdickhut(c^cityo fchicago.org

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 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.


O K l ^ _ .

SECTION III -- BUSINESS RELATIONSHIPS WITH CITY E L E C T E D OFFICIALS


[ J Yes ^ N o



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 or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll.



Page 3 of 13


Relationship to Disclosing Party Fees (indicate whether (subcontractor, attorney, paid or estimated.) NOTE: lobbyist, etc.) "hourly rate" or "t.b.d." is



JpjJ^heck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.





[ ] Yes [ ] No ^15^0 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 all support owed and is the person in compliance with that agreement?

r ] Yes [ ] No


1. Pursuant to Municipal Code Chapter 1 -23, Article 1 ("Article l")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee ofthe City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the pcnnanent compliance timeframe in Article 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 identified in Section I I .B . l . of this EDS:






3. The certifications in subparts 3, 4 and 5 concern;



Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local govemment, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13


a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency ofthe federal government or of any state or local govemment in the United States of America, in that officer's or employee's official capacity;





5. Neither the Disclosing Party nor any Affiliated Entity is listed on any ofthe following lists maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry and Security ofthe U.S. Department of Commerce or their successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.


7. If the Disclosing Party is unable to certify to any ofthe above statements in this Part B (P'urther Certifications), the Disclosing Party must explain below:

Page 6 of 13

Ifthe letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.


_n,j(2Lj!\^

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include; (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than S20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.



f ] is is not


2. I f the Disclosing Party IS a financial institution, then the Disclosing Parly pledges:

"We are not and will 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 will 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 of doing business with the City."

If 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 within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):

Page 7 of 13



Any words or terms that arc defined in Chapter 2-156 of the Municipal Code have the same meanings when used in this Part D.


[ ]Yes ^ N o

NOTE: If you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D.l . , proceed to Part E.

2. Unless sold pursuant lo a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.

Does the Matter involve a City l^roperty Sale?

[ ] Yes [ ] No

3. I f you 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:





Page 8 of 13


_ 2 ^ 1 . The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and ail slaves or slaveholders described in those records;


NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section V I I . For purposes of this Section VI , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.


1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf ofthe Disclosing Party with respect to the Matter: (Add sheets i f necessary):

(If no explanation appears or begins on the lines above, or i f the letters "NA" or ifthe word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A . l . above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making aiay 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 wil l 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 an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

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 the Disclosing Party must maintain all such subcontractors' certifications for the duration ofthe Matter and must make such certifications promptly available to the City upon request.




[ ] Yes [ ] No



[ ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director ofthe Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13

SECTION VII ~ ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE



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, or transactions. The full text of these ordinances and a training program is available on line at www^citYOfchicago.org/Ethics. and may also be obtained from the City's Board of Ethics, 740 N.



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 otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.



Page I I of 13

F. I . The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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.3 I f the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in cormection with the Matter certifications equal in form and substance to those in F . l . and F.2. above and will 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 reason to believe has not provided or cannot provide truthful certifications.

NOTE: I f the Disclosing Party cannot certify as to any of the items in F.l . , F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authonzed to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are tme, accurate and complete as ofthe date fumished to the City.


By:

(Sign here)


^x^^-'^ (Print or type title of person signing)

Signed and swom to before me on (date) ' A /t) . i w I , Y ,)i s'lstate).

•Notary Public.

Coinmission expires: — ^Qt ^ .

Page 12 of 13

OFFICIAL SEAL SALLY E. HAMANN

NOWRV PtfflUC. STATE OF lUJNOlS


APPENDIX A



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 "familial relationship" with any elected cit}'official or department head. A "familial rcl;ilion.sliip" e,\i.sts i f a.s ol thc dace this r,DS i;-; signed, the Disclosing Party or any "Applicable Party" or any Spouse or Doniestic Parnicr thereof i.s related to the mayor, any alderman, the city clerk, the city treasurer or any city dop.'u tmciit head ;i,s .spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or .sister, aunt or illicit, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, d;iijghtcr-in-l;ivv, .stcplnthcr or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section H.B. 1 .a., ifthe Di,sclo.sing Pany i.s a coiporatifMi; iill partners of the Disclosing Parly, ifthe Disclosing Party is a general partnership; all goncnil partners and limited partners ofthe Disclosing Party, ifthe Disclosing Party is a limited partnership; all nuuiagers. managing members and members ofthe Disclosing Party, ifthe DisclosingParty is a iimilcd liability conipiiny; (2) all principal officers of the Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.


No [ ] Yes

If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is cormected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13

City of Chicago



02014-948

'v.; Meeting Date:

i H ;; SpQns6r(s):

Titl4: • j

f: Cp>xinriittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Sale of City-owned property at 1025 N Karlov Ave under Adjacent Neighbors Land Acquisition Program Committee on Housing and Real Estate




February 5, 2014



At the request of the Commissioner of Planning and Development, 1 transmit herewith ordinances authorizing the sale of city-owned property.


Very truly yours.

Mayor

ORDINANCE

WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City, through the foreclosure of demolition liens, tax sales and other methods of acquisition, has acquired title to numerous parcels of real property which are of minimal value and costly to clean up and maintain, and because title to such properties was vested in the City, the properties were exempted from real estate taxes, thus depriving the City of revenue; and

WHEREAS, pursuant to an ordinance (the "Original Program Ordinance") adopted by the City Council of the City ("City Council") on March 6, 1981 and published on pages 5584 -5585 of the Journal of Proceedings of the City Council ("Journal") for such date, the City established a program for the disposition of certain vacant real property owned by the City known as the Adjacent Neighbors Land Acquisition Program; and

WHEREAS, the Original Program Ordinance was amended by ordinances adopted on July 23, 1982 and published in the Journal for such date at pages 11830 - 11833, and on January 7, 1983 and published in the Journal for such date at pages 14803 - 14805 (the Original Program Ordinance and such two amending ordinances, collectively, the "Original ANLAP Ordinances"); and

WHEREAS, pursuant to an ordinance adopted by the City Council on September 14, 1994 and published in the Journal for such date at pages 56195 - 56198, the City Council repealed the Original ANLAP Ordinances, and established a new program, also known as the Adjacent Neighbors Land Acquisition Program, for the disposition of certain vacant real property owned by the City, which ordinance was subsequently amended by ordinances adopted on September 4, 2002 and published in the Journal for such date at pages 92771 - 92773, and on July 28, 2010 and published in the Journal for such date at pages 97370 - 97374 (such new program, as amended, the "ANLAP Program"); and

WHEREAS, pursuant to the ANLAP Program, as codified at Municipal Code Chapter 2-159-010 et seq. (the "ANLAP Program Ordinance"), a qualified City-owned parcel may be sold if it has an appraised value of not more than Fifty Thousand Dollars ($50,000); and

WHEREAS, pursuant to the ANLAP Program, if the property appraises at or for less than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least One Thousand Dollars ($1,000.00); if the property appraises at or for less than Twenty Thousand Dollars ($20,000.00) but more than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least Two Thousand Dollars ($2,000.00); and if the property appraises for more than Twenty Thousand Dollars ($20,000.00) the minimum acceptable bid must be Two Thousand Dollars ($2,000.00), plus fifty percent (50%) of the appraised value which exceeds Twenty Thousand Dollars ($20,000.00); and

WHEREAS, pursuant to the ANLAP Program, any deed conveying a parcel pursuant thereto shall contain covenants which: (1) prohibit the grantees from conveying, assigning or

otherwise transferring the parcel except in conjunction with the adjacent parcel owned by the grantees; and (2) require that the parcel be improved with landscaped open space within six (6) months of the conveyance of such parcel and prohibit the construction of any permanent improvements on the parcel, excluding only improvements made by the grantees on the parcel that constitute an integrated addition to the grantees' primary residence on the adjacent lot, or a garage appurtenant thereto; and (3) require the grantees to maintain the parcel in accordance with the provisions of the Municipal Code of Chicago. The covenants shall terminate ten (10) years after the date of the conveyance of the parcel to the grantees; and

WHEREAS, the Department of Planning and Development ("DPD") of the City desires to convey the vacant parcel of real property identified on Exhibit A to this ordinance (the "ANLAP Parcel") to Jesus Rojano and Juana Rojano (the "Purchasers"), who have a principal residence of 1029 North Karlov Avenue, Chicago, Illinois 60651; and

WHEREAS, DPD has caused notice of the proposed sale of the ANLAP Parcel to be sent to all eligible adjacent neighbors (if any); and

WHEREAS, Purchasers' proposal was the only proposal received by the deadline indicated in the aforesaid notice; and

WHEREAS, pursuant to Resolution Number 14-002-21 adopted on January 16, 2014, by the Plan Commission ofthe City of Chicago ("Commission"), the Commission approved the sale of the Property to the Purchasers; now, therefore


SECTION 1. The City hereby accepts the bid of the Purchasers to purchase the ANLAP Parcel, which purchase shall be subject to all of the terms, conditions, covenants and restrictions of the ANLAP Program and the ANLAP Program Ordinance.

SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the ANLAP Parcel to the Purchasers for the purchase price of One Thousand and 00/100 Dollars ($1,000.00). Such deed shall include a covenant obligating the Purchasers to use the ANLAP Parcel only for a use consistent with the requirements ofthe ANLAP Program Ordinance.

SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity of such provision shall not affect any of the other provisions of this ordinance.

SECTION 4. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict.

SECTION 5. This ordinance shall take effect upon its passage and approval.

EXHIBIT A

Bidder: Jesus Rojano and Juana Rojano Bidder's Address: 1029 North Karlov Avenue, Chicago, Illinois 60651 Bid Amount: $1,000.00 Appraised Value: $7,000.00

Legal Description (Subject to Title Commitment and Survey):

Lot 19 in Block 2 in Mills and Son's Resubdivision of Blocks 1, 2, 3 and 4 in Teleford and Watson's addition to Chicago, being a Subdivision of Blocks 3 and 4 ofthe Foster Subdivision of the East /4 of the South East % of Section 3, Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois.

Address: 1025 North Karlov Avenue Chicago, Illinois 60651

Property Index Number: 16-03-414-012-0000


AND AFFIDAVIT



Ct,,^]^


Indicate whether the Disclosing Party submitting this EDS is: 1. Applicant



3. [ ] a legal entity with a right of control (sec Section II .B. l . ) State the legal name of the entity in which the Disclosing Party holds a right of control:

B. - KSEdESS address of the Disclosing Party:

C. Telephone: [ Fax: Email:

D. Name of contact person: S

E. Federal Employer Identificafion No. (if you have one):

F. Brief description of contract, transactjon or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, i f applicable):

G. Which City agency or department is requesting this EDS? /TÎ/S/^^ <a^^tôfr<?w/% i/e.fooê^^

Ct.PT)t I f the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:

Specification # / n and Contract #

Ver. 01-01-12 Page I of 13

S E C T I O N II - DISCLOSURE OF OWNERSHIP INTERESTS


1. Indicate the nature ofthe Disclosing Party: [t-j^erson [ ] Limited liability company [ ] Publicly registered business corporation [ ] Limited liability 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))? [ ] Limited partnership [ ] Yes [ ] No [ ] Trust [ ] Other (please specify)


A//

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 enfity?

[ ] Yes [ ] No


I . List below the full names and titles of all executive officers 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 the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party.

-NOTE: Eaeh-legal-entity Usted below must submit an EDS on its own behalf. —

Name >y / Title

J±.

2. Please provide the following information concerning each person or enfity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint 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 from any applicant which is reasonably intended to achieve full disclosure.


%

S E C T I O N III ~ BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D O F F I C I A L S


[ ] Yes SI/NO


S E C T I O N IV - DISCLOSURE OF SUBCONTRACTORS AND O T H E R RETAINED P A R T I E S

The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or enfity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Parly is not required to disclose employees who"are paid solely through the Disclosing Party's regular payroll."

"Lobbyist" means any person or entity who undertakes to influence any legislative or administrative acfion on behalf of any person or entity other than: (1) a not-for-profit enfity, 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.


Page 3 of 13


1^, 'A

Business Relationship to Disclosing Party Fees (indicate whether Address (subcontractor, attorney, paid or estimated.) NOTE:

lobbyist, etc.) "hourly rate" or "t.b.d." is not an acceptable response.


H^heck 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




[ ] Yes [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes [ ] N o


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article I")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currenfiy indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance fimeframes in certificafions 2 and 3 below.

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 nol presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from 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 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 destrucfion of records; making false statements; or receiving stolen property;

c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with commitfing any of the offenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil acfion, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.



connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties"); • any "Affiliated Entity" (meaning a person or entity that, directly or indirecfiy; controls the

Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under -common-controLof another person or.-entity.. Indicia of controLinclude, without limitafion:

interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business enfity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or enfity that directly or indirecfiy controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;

• any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collecfively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local govemment in the United States of America, in that officer's or employee's official capacity;




4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or 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 on any ofthe following 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 List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.


7. I f the Disclosing Party is unable to certify to any of the above statements in this Part B (Further Cerfifications), the Disclosing Party must explain below:

Page 6 of 13



" / A

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, ofthe City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $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.

y/A



[ ] is pjf^not

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


"We are not and will 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 wil 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 of the privilege of doing business with the City."

I f the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Secfion 2-32-455(b) ofthe 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




1. In accordance with Section 2-156-110 ofthe Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes

NOTE: I f you checked "Yes" to Item D.L, proceed to Items D.2. and D.3. I f you checked "No" to Item D . l . , proceed to Part E.



[ ] Y e s [ ] N o






Page 8 of 13


1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entifies regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


S E C T I O N VI - C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED MATTERS

NOTE: I f t h e Matter is federally funded, complete this Secfion V I . I f the Matter is not federally funded, proceed to Section VI I . For purposes of this Section VI , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.


I . List below the names of all 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 if necessary):

( I f no explanation appears or begins on the lines above, or i f the letters "NA" or if the word "None" appear, it 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 of the Disclosing Party 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 for his or her lobbying acfivities 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 with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperafive agreement.

Page 9 of 13

3. The Disclosing Party will submit an updated cerfification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in paragraphs A . l . and A.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organizafion described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".


B. CERTIFICATION REGARDING EQUAL EMPLOYMENTOPPORTUNITY



[ ] Ycs [ ] No



[ ] Yes [ ] No

2.- -Have you-filed with the Joint Reporting Committee, the Director ofthe Office o f Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Y e s [ J N o


[ ] Yes [ ] No

I f you checked "No" to question 1. or 2. above, please provide an explanafion:

Page 10 of 13

S E C T I O N VII - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, C O M P L I A N C E , P E N A L T I E S , DISCLOSURE


A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreenient between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City acfion, and arc material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

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 entifies seeking City contracts, work, business, or transacfions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.


C. I f the City determines that any informafion provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participafion in the Matter and/or declining to allow the Disclosing Parly to participate in other transactions with 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 Internet, in response to a Freedom of Informafion Act request, or otherwise. By complefing and signing this EDS, the Disclosing Party waives and releases any possible -rights or claims-which.it-may have, against the City in connectio.iL with the public releaise of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in 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 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 Article 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 eligibility must be kept current for a longer period, as required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.


Page I I of 13



F.3 I f the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F . l . and F.2. above and wil l not, without the prior written consenl ofthe City, use any such contractor/subcontractor that does not provide such certificafions or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.

NOTE: I f the Disclosing Party cannot cerfify as to any of the items in F. 1., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

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

Under penalty of perjury, the person signing below: ( I ) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.

dc-S MQJ O^U.Z) (Print or type name of person signing)

s^/l (Print or type title of person signing)

Signed and sworn to before me on (date)

at COOK.^ County, _JL— (state).

£ y L _ N 0 , a r y Public. | ^ ' S ^ , < NOTARY PuBiic SST^OJ

Commission expires: / 0 / / 3 / / S . L ^ l l ^ S ^ ^ S ^ ^

Page 12 of 13


APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists i f as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any ofthe following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all execufive officers of the Disclosing Party listed in Section II.B.l .a., i f the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, i f the Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more 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 secretary of a legal entity or any person exercising similar authority.

Docs the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relafionship" with an elected city official or department head?

-[ ] Yes

I f yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13


AND AFFIDAVIT




Indicate whether the Disclosing Party submitting this EDS is: 1. the Applicant

' OR 2. [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the


3. [ ] a legal entity with a right of control (see Section II .B.l . ) State the legal name of the enfity in which the Disclosing Party holds a right of control:

B. -^raLess address of the Disclosing Party; , J

C. Telephone; Fax: Email:

D. Name of contact person; ^ ^ /^<^

E. Federal Employer Identification No. (if you have one); h) / / I ^


G. Which City agency or department is requesting this E D S ? - u > 5 < V ? ^ Cn'\A l^C C\r\Q.io },c \)<?.U^ 16 f'^*^

fDPD) ^ I f the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following;

Specification # ^ / / f ~ and Contract #

Ver. 01-01-12 Page 1 of 13

S E C T I O N II - DISCLOSURE OF OWNERSHIP INTERESTS


1. Indicate the nature of the Disclosing Party; [uf Person [ ] Limited liability company [ ] Publicly registered business corporafion [ ] Limited liability 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))? [ ] Limited partnership [ ] Yes [ ] No [ ] Trust [ ] Other (please specify)

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

3. For legal entities not organized in the State of Illinois: Has the organizafion registered to do business in the State of Illinois as a foreign entity?

[ ] Yes [ ] No [ l ^ / A

B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY;

1. List below the full names and titles of all 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 are no such members, write "no members." For trusts, estates or other similar enfities, list below the legal tifieholder(s).

I f the enfity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an EDS on its own behalf.

Name , / ^ Tifie

2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint 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. If none, state "None." NOTE; Pursuant to Section 2-154-030 of the Municipal Code of Chicago ("Municipal Code"), the City may require any such additional information from any applicant which is reasonably intended to achieve full disclosure.

Name Business Address Percentage Interest in the , Disclosing Party

(J

S E C T I O N I I I ~ BUSINESS RELATIONSHIPS WITH C I T Y E L E C T E D O F F I C I A L S


[ ] Yes y(No

I f yes, please idenfify below the name(s) of such City elected official(s) and describe such relationship(s):

SECTION IV - DISCLOSURE OF SUBCONTRACTORS AND O T H E R RETAINED P A R T I E S

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 with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose eniployees who'are paid's'brely through the Disclosing Party's regular payroll.

"Lobbyist" means any person or entity who undertakes to influence any legislafive 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.


Page 3 of 13

Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether retained or anticipated Address (subcontractor, attorney, paid or estimated.) NOTE: to be retained) lobbyist, etc.) "hourly rate" or "t.b.d." is

nol an acceptable response.


here if the Disclosing Party has not retained, nor expects to retain, any such persons or enfifies.

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



Has any person who directiy or indirectly owns 10% or more ofthe Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[ ] Yes [viN o [ ] No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] No


1. Pursuant to Municipal Code Chapter 1-23, Article 1 ("Article r')(which the Applicant should consult for defined terms (e.g., "doing business") and legal requirements), i f the Disclosing Party submitfing this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a confinuing requirement for doing business with the City. NOTE; I f Article 1 applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13

2. The Disclosing Parly 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;


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 public (federal, state or local) transaction or contract under a public transaction; a violation of federal or stale antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destrucfion of records; making false statements; or receiving stolen property;

c. are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with commitfing any of the offenses set forth in clause B.2.b. of this Section V;



3. The certificalions in subparts 3, 4 and 5 concern;



Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under —common controlof another person or enfity. Indicia of control include, without limitation:

interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that direcfiy or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;

• any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acfing pursuant to the direcfion or authorization of a responsible official ofthe Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter;

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Cily, the Slate of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;




4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracfing with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or 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 on any of the following 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 List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.


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;

Page 6 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above stalemenls.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Parly who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").

hl/A

9. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any fime during the 12-month period preceding the execution dale of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include; (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.



[ ] is [ i ^ ^ not


2. I f the Disclosing Party IS a financial institution, then the Disclosing Party pledges;

"We are not and will not become a predatory lender as defined in Chapter 2-32 ofthe Municipal Code. We further pledge that none of our affiliates is, and none of them will 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 of the privilege of doing business with 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):

iU//^

Page 7 of 13

Ifthe letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.



1. In accordance with Section 2-156-110 of the Municipal Code; Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes [Q^o

NOTE; I f you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. I f you checked "No" to Item D . l . , proceed to Part E.


Does the Matter involve a Cily Property Sale?

[ ] Yes [ ] No

3. I f you 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;





Page 8 of 13

comply with these disclosure requirements may make any contract entered into with the Cily in connection with the Matter voidable by the City.

1. The Disclosing Party verifies that the Disclosing Parly has searched any and all records of the Disclosing Parly and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


SECTION VI - C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED M A T T E R S

NOTE; I f t h e Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VII . For purposes of this Section V I , lax credits allocated by the City and proceeds of debt obligations ofthe City are nol federal funding.


1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf ofthe 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, it will 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 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 for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperafive 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 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 Parly cerfifies that either; (i) i l is nol an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) i l is an organization described in seclion 501(c)(4) ofthe Internal Revenue Code of 1986 but has nol engaged and will not engage in "Lobbying Activities".





[ ] Yes [ ] No

I f "Yes," answer the three quesfions below;

1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulafions? (See 41 CFR Part 60-2.)

[ ] Y e s [ ] 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 filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No

I f you checked "No" to question 1. or 2. above, please provide an explanafion:

Page 10 of 13



A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connecfion with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Parly understands that it must comply with 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, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.


C. Ifthe Cily determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which i l is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims-which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.

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 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 Article 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 eligibility must be kept current for a longer period, as required by Chapter 1-23 and Secfion 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 Illinois Department of Revenue, nor arc the Disclosing Parly or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to the City. This includes, but is not limited to, ail water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 I f the Disclosing Parly is the Applicant, the Disclosing Party and its Affiliated Entities wi l l not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on 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 will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certificalions or that the Disclosing Party has reason to believe has nol provided or cannol provide truthful certifications.

NOTE; I f the Disclosing Party cannot certify as to any of the items in F.L, F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty ofpcrjury, the person signing below; (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Parly, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the dale furnished lo the City.

(Print or type name o^Disclosing Parly)

By: ^ ^ y C ^ ^ ^ e i ^ ^ ^ ^ ^ ^-Sign here)

^-^C\nc\ l<jQ [ a^o (Print or type name of person signing)

_ _ _ _ i k . ^ (Print or type title of person signing)

Signed and sworn to before me on (date) i)-CCQh[\o^r- lOj<^o\3, at C o p County, Z T L - (state).

Notary Public.

Commission expires; /o/ / 3 / / 5 .

Page 12 of 13

OFFICIAL SEAL SHELIA GRAYER

NOTARYPU8UC-STATE G IUIN-".,S MYCOMMlSSlONEXPlR£S0/i ^


APPENDIX A



Under Municipal Code Secfion 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists i f as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption; parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (I) all execufive officers of the Disclosing Party listed in Secfion II.B. 1 .a., ifthe Disclosing Party is a corporation; all partners of the Disclosing Party, ifthe Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, ifthe Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, ifthe Disclosing Party is a limited liability company; (2) all principal officers ofthe Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operafing officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[ ] Y e s [ufl^o

If yes, please identify below (1) the name and title of such person, (2) the name ofthe legal entity to which such person is connected; (3) the name and fitle of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Page 13 of 13

City of Chicago



O2014-966

Meeting Date:

; Sppnsor(s):

I ; Typfe; ^ Title:

Conrimittee(s) Assignment:

2/5/2014

Emanuel (Mayor)

Ordinance

Sale of City-owned property at 5337 S Winchester Ave under Adjacent Neighbors Land Acquisition Program Committee on Housing and Real Estate

R A H M E M A N U E L M A Y O R

O F F I C E OF T H E M A Y O R


February 5, 2014



At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing the sale of city-owned property.


Very truly yours,

Mayor

ORDINANCE

WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City, through the foreclosure of demolition liens, tax sales and other methods of acquisition, has acquired title to numerous parcels of real property which are of minimal value and costly to clean up and maintain, and because title to such properties was vested in the City, the properties were exempted from real estate taxes, thus depriving the City of revenue; and

WHEREAS, pursuant to an ordinance (the "Original Program Ordinance") adopted by the City Council of the City ("City Council") on March 6, 1981 and published on pages 5584 -5585 of the Journal of Proceedings of the City Council ("Journal") for such date, the City established a program for the disposition of certain vacant real property owned by the City known as the Adjacent Neighbors Land Acquisition Program; and

WHEREAS, the Original Program Ordinance was amended by ordinances adopted on July 23, 1982 and published In the Journal for such date at pages 11830 - 11833, and on January 7, 1983 and published in the Journal for such date at pages 14803 - 14805 (the Original Program Ordinance and such two amending ordinances, collectively, the "Original ANLAP Ordinances"); and

WHEREAS, pursuant to an ordinance adopted by the City Council on September 14, 1994 and published in the Journal for such date at pages 56195 - 56198, the City Council repealed the Original ANLAP Ordinances, and established a new program, also known as the Adjacent Neighbors Land Acquisition Program, for the disposition of certain vacant real property owned by the City, which ordinance was subsequently amended by ordinances adopted on September 4, 2002 and published in the Journal for such date at pages 92771 - 92773, and on July 28, 2010 and published in the Journal for such date at pages 97370 - 97374 (such new program, as amended, the "ANLAP Program"); and

WHEREAS, pursuant to the ANLAP Program, as codified at Municipal Code Chapter 2-159-010 et seq. (the "ANLAP Program Ordinance"), a qualified City-owned parcel may be sold If It has an appraised value of not more than Fifty Thousand Dollars ($50,000); and

WHEREAS, pursuant to the ANLAP Program, if the property appraises at or for less than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least One Thousand Dollars ($1,000.00); If the property appraises at or for less than Twenty Thousand Dollars ($20,000.00) but more than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least Two Thousand Dollars ($2,000.00); and if the property appraises for more than Twenty Thousand Dollars ($20,000.00) the minimum acceptable bid must be Two Thousand Dollars ($2,000.00), plus fifty percent (50%) of the appraised value which exceeds Twenty Thousand Dollars ($20,000.00); and

WHEREAS, pursuant to the ANLAP Program, any deed conveying a parcel pursuant thereto shall contain covenants which: (1) prohibit the grantees from conveying, assigning or

otherwise transferring the parcel except In conjunction with the adjacent parcel owned by the grantees; and (2) require that the parcel be Improved with landscaped open space within six (6) months of the conveyance of such parcel and prohibit the construction of any permanent Improvements on the parcel, excluding only improvements made by the grantees on the parcel that constitute an integrated addition to the grantees' primary residence on the adjacent lot, or a garage appurtenant thereto; and (3) require the grantees to maintain the parcel in accordance with the provisions of the Municipal Code of Chicago. The covenants shall terminate ten (10) years after the date of the conveyance of the parcel to the grantees; and

WHEREAS, the Department of Planning and Development ("DPD") ofthe City desires to convey the vacant parcel of real property identified on Exhibit A to this ordinance (the "ANLAP Parcel") to David Johnson and Emma J. Johnson (the "Purchasers"), who have a principal residence of 5335 South Winchester Avenue, Chicago, Illinois 60609; and

WHEREAS, DPD has caused notice of the proposed sale of the ANLAP Parcel to be sent to all eligible adjacent neighbors (if any); and

WHEREAS, Purchasers' proposal was the only proposal received by the deadline indicated In the aforesaid notice; and

WHEREAS, pursuant to Resolution Number 13-083-21 adopted on December 19, 2013, by the Plan Commission of the City of Chicago ("Commission"), the Commission approved the sale of the Property to the Purchasers; now, therefore


SECTION 1. The City hereby accepts the bid of the Purchasers to purchase the ANLAP Parcel, which purchase shall be subject to all of the terms, conditions, covenants and restrictions ofthe ANLAP Program and the ANLAP Program Ordinance.

SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk Is authorized to attest, a quitclaim deed conveying the ANLAP Parcel to the Purchasers for the purchase price of One Thousand and 00/100 Dollars ($1,000.00). Such deed shall include a covenant obligating the Purchasers to use the ANLAP Parcel only for a use consistent with the requirements ofthe ANLAP Program Ordinance.

SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity of such provision shall not affect any of the other provisions of this ordinance.

SECTION 4. All ordinances, resolutions, motions or orders Inconsistent with this ordinance are hereby repealed to the extent of such conflict.

SECTION 5. This ordinance shall take effect upon its passage and approval.

EXHIBIT A

Bidder: David Johnson and Emma J. Johnson Bidder's Address: 5335 South Winchester Avenue, Chicago, Illinois 60609 Bid Amount: $1,000.00 Appraised Value: $1,500.00

Legal Description (Subject to Title Commitment and Survey):

Lot 33 In Block 1 In Pollack's Garfield Boulevard addition to Chicago a Subdivision of Blocks 46 and 47 in Stone and Whitney's Subdivision in Section 6 and 7, Township 38 North, Range 14 East ofthe Third Principal Meridian, In Cook County, Illinois.

Address: 5337 South Winchester Avenue Chicago, Illinois 60609

Property Index Number: 20-07-417-016-0000


AND AFFIDAVIT




Indicate whether the Disclosing Party submitting this EDS is: 1. [/j the Applicant



3. f ] a legal entity with a right of control (see Section II.B. 1.) State the legal name of the entity in which the Disclosing Party holds a right of control:

B. ferawBs address of the Disclosing Party: \

C. Telephone: f ax: Email:,

D. Name of contact person: ^yy^/fP^ 3 . ^//I/Js:^^

E. Federal Employer Identification No. (if you have one): ^/y^

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which this EDS pertains. (Includc-project number and-location of propertyriflipplicable):

G. Which City agency or department is requesting this EDS? /ySi SuJ / ^e^^^;^/^ ^e/e/(f^£;<3;r (t)PO^



v.r. 01-01-12 Page I of 13

.SECTION 11 - DISCLOSURE OF OW.NEUSHIP INTERESFS

A. NATURli OF TIIF DISCLOSING P.ARTY

I Indicate the nature ofthe Disclosing Party:

Person [ ] Limited liability company ] Publicly registered business corporation [ ] Limited liability partnership ] Privately held business corporation [ ] Joint venture ] Sole proprietorship [ ] Not-for-profit corporation ] General partnership (Is the not-tbr-proftt corporation also a 501(c)(3))? ] Limited partnership [ ] Yes [ ] No ] Trust [ ] Other (please specify)


ML 3. For legal entities not organized in the State of Illinois: Has the organization registered to do

business in the State of Illinois as a foreign entity?

[ ] Y e s [ ] N o [^^-NTA


1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no such members, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).

1 f the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title ofeach general partner, managing member, manager or any other person or entity that controls the day-to-day inanagement ofthe Disclosing Party.

-TN-OT-E-:-Each-legal entity-listed-below-must-submit an EDS-on its o-wn-behalf,

Name Title

2. Please provide the following infbrnuition concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. L.xaiuples ivf such an interest include shares in a corporation, partnership interest in a partnership or joint venture,

Pa>ze2or 13

interest ota member ov iiumager in a limited liability company, or interest ofa beneficiary ola tru.st, estate or other similar entity. II'none, state ""None." .NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago C'Municipal Code"), the City may require any such additional int'onnation iVoin any applicant which is reasonably intended to achieve lull disclosure.




[ ] Y e s [


SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

The Disclosing Party must disclose the name and business address ofeach subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature ofthe relationship, and the total amount ofthe fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid"sole 1 y through"th"e~Disclusing "Party's'reguIar payroU^

"Lobbyist" means any person or entity who undertakes to inlluence any legislative or administrative action on behalf of any person or entity other than: ( I ) 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 intluence any legislative or administrative action.


Page 3 of 13


Business i^elationship to Disclosing Party I'ees (indicate whether .Address (subcontractor, attorney, paid or estimated.) NO'I E:

lobbyist, etc.) "hourly rate"" or "t.b.d." is not an acceptable response.


[i/cbeck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.

SECTION V ~ C E R T I F I C A T I O N S




[ ] Yes HlMo [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.


[ ] Yes [ ] N o


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article l")(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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged vvith, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance vvith Article I is a continuing requirement for doing business with the Cily. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Pat'e4of 13

2. The Disclosing Party and. i l lhe Disclosing Party is a legal ent i ty, all o f those persons or enti t ies

ident i f ied in Section I I .B. I. o f this L D S :

a. are not presently debarred, suspended, proposed for debarment, declared inel ig ib le or vo lun ta r i l y

excluded from any transactions by any federal, state or local unit ot"government;

b. have not, w i th in a five-year period preceding the date o f this EDS, been convicted o f a c r im ina l

of fense, adjudged gu i l ty , or had a c i v i l judgment rendered against them in connect ion w i t h :

obta in ing, attempting to obtain, or per forming a publ ic ( federal , state or local) transaction or

contract under a publ ic transaction; a v io lat ion o f federal or state antitrust statutes; f raud;

embezzlement; the f i ; forgery; br ibery; fals i f icat ion or destruct ion o f records; mak ing false

statements; or receiv ing stolen property;

c. are not presently indicted for, or c r im ina l l y or c i v i l l y charged by, a governmental ent i ty ( federa l ,

state or local) w i th co in in i t t ing any o f t h e offenses set forth in clause B.2.b. o f this Sect ion V ;

d. have not, w i th in a five-year period preceding the date o f this EDS, had one or more publ ic

transactions (federal, state or local) terminated for cause or defaul t ; and

e. have not, w i th in a five-year period preceding the date o f this EDS, been convic ted, ad judged

gu i l ty , or found l iable in a c i v i l proceeding, or in any c r imina l or c i v i l act ion, inc lud ing act ions

concerning envi ronmenta l v io lat ions, instituted by the Ci ty or by the federal government , any

state, or any other uni t o f local government.

3. The cert i f icat ions in subparts 3, 4 and 5 concern:

• the Disc los ing Party;

• any "Cont rac tor " (meaning any contractor or subcontractor used by the Disclosing Party in

connect ion w i th the Mat ter , inc lud ing but not l imi ted to al l persons or legal entities disclosed under

Sect ion I V , "Disc losure o f Subcontractors and Other Retained Part ies") ;

• any "A f f i l i a t ed Ent i ty" (meaning a person o ren t i t y that, d i rect ly or indirect ly: controls the

Disc los ing Party, is cont ro l led by the Disc los ing Party, or is, w i th the Disclosing Party, under

—Gommon-cofttr43Lof-ano.ther_p.erso.n..Qr..en.tity. Jnd ic ia o f cont ro l inc lude, wi thout l im i ta t ion :

in ter lock ing management or ownersh ip ; ident i ty o f interests among fami ly members, shared faci l i t ies

and equipment; common use o f employees; or organizat ion o f a business entity f o l l ow ing the

ine l ig ib i l i t y o f a business ent i ty to do business w i th federal or state or local government, i nc lud ing

the Ci ty , using substantial ly the same management, ownership, or pr incipals as the ine l ig ib le en t i t y ) ;

w i t h respect to Contractors, the term A f f i l i a t ed Entity means a person or entity that d i rect ly or

ind i rect ly controls the Contractor, is contro l led by it, or, w i t h the Contractor, is under c o m m o n

cont ro l o f another person or ent i ty ;

• any responsible o f f i c i a l o f the Disc los ing Party, any Contractor or any A f filiated Ent i ty or any

other o f f i c i a l , agent or employee o f t h e Disclosing Party, any Contractor or any A f f i l i a t ed Ent i ty ,

ac t ing pursuant to the di rect ion or author izat ion o f a responsible olTicial o f t h e Disc los ing Party, any

Contractor or any A f f i l i a t ed Ent i ty (co l lect ive ly "Agents" ) .

Page 5 o f 13

Neither the Disclosing Party, nor any Contractor, nor any .M t'iliated Ent i ty o f either the Disc los ing Party

or any Contractor nor any Agents have, dur ing the l ive years before the date this LDS is s igned, or, w i th

respect to a Contractor, an A f f i l i a ted Enl i ty, or an .A I f i l iated I: nt i ly o f a Contractor dur ing the f ive years

before the date o f such Contractor's or .Mf i l ia ted Entity's contract or engagement in connect ion w i th the

Mat ter :

a. br ibed or attempted to bribe, or been convicted or adjudged gu i l t y o f br ibery or at tempt ing to

br ibe, a public o f f icer or employee o f t h e Ci ty , the State o f I l l ino is , or any agency o f t h e federal

government or o f any state or local government in the United States o f Amer i ca , in that olTiccr's

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

b. agreed or col luded w i th other bidders or prospective bidders, or been a party to any such

agreement, or been convicted or adjudged gui l ty o f agreement or col lus ion among bidders or

prospective bidders, in restraint o f freedom o f compet i t ion by agreement to b id a f ixed pr ice or

otherwise; or

c. made an admission o f 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. v io lated the provisions o f Mun ic ipa l Code Section 2-92-610 ( L i v i n g Wage Ord inance) .

4. Nei ther the Disclosing Party, AfTi l iated Enti ty or Contractor, or any o f their employees, o f f i c ia l s ,

agents or partners, is barred f rom contract ing w i th any unit o f state or local government as a result o f

engaging in or being convicted o f (1) b id- r igg ing in v io lat ion o f 720 ILCS 5/33E-3; (2) b id- ro ta t ing in

v io la t i on o f 720 ILCS 5/33E-4; or (3) any s imi lar offense o f any state or o f the Uni ted States o f

A m e r i c a that contains the same elements as the offense o f b id - r igg ing or b id-rotat ing.

5. Neither the Disc los ing Party nor any A f f i l i a ted Ent i ty is l isted on any o f the f o l l ow ing lists

mainta ined by the Of f i ce o f Foreign Assets Cont ro l o f the U.S. Department o f the Treasury or the

Bureau o f Industry and Securi ty o f the U.S. Department o f Commerce or their successors: the Specia l ly

Designated Nationals List , the Denied Persons List , the Unver i f ied List , the Ent i ty List and the

Debarred List .

6. The Disc los ing Party understands and shall comply w i t h the appl icable requirements o f Chapters

2-55 (Legis la t ive Inspector General) , 2-56 (Inspector General) and 2-156 (Governmenta l Ethics) o f t h e

M u n i c i p a l Code.

7. I f the Disclosing Party is unable to cert i fy to any o f the above statements in this Part B (Further

Cer t i f i ca t i on / ) , the Disclosing Party must explain below:

A V A

Pane 6 o f 13

If the letters "NA." the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party ccrtilied to the above statements.

X. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the Ibllowing is a ct)inplete list of all current employees ofthe Disclosing Party who were, at any time during the 12-montb period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago (if none, indicate with "N/A" or "none").

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient (if none, indicate with "N/A" or "jione"). As to any gift listed below, please also list the name ofthe City recipient.



[ ] is [(,}^not



"We are not and will 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 will 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 of doing business with the City."

If 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 Miu^icipal Code, explain here (attach additional pages if necessary):

Pane 7 of 13



Any 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 with Section 2 - i 56-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ]Yes

NOTE; If you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. If you checked "No" to Item D. l . , proceed to Part E.



[ ] Yes i fNo

3. If you checked "Yes" to Item D. l . , provide the names and business addresses ofthe City officials or employees having such interest and identify the nature of such interest:

Name ' Business Address " Nature of Interest"



Please check either I . or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to Ihis EDS all information required by paragraph 2. Failure to

Page 8 of 13

complv w iih these disclosure requirements may make any contract entered into with the City in

connection with the Matter voidable by the City.

The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


S E C T I O N VI - C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VI. I f the Matter is not federally funded, proceed to Section V l l . For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.



(I f no explanation appears or begins on the lincs above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any pei"son or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to intluence an of ficer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Pa-'e9of 13

3. The Disclosing Party will submit an updated certification at the end ofeach calendar quarter in which there occurs any event that materially affects the accuracy ofthe statements and information set forth in paragraphs A . l . and .\.2. above.

4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501 (c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501 {c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.




[ ] Yes [ ] No


I . Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See41 CFR Part 60-2.)

[ ] Yes [ ] No

—Have-you-filed-with the-Joint-R-epGr-tin-g-Committee,4he-D.irector.ofJhe..0.ffice_o.fEedjeraL Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No

If you checked "No" to question I . or 2. above, please provide an explanation:

Pa-e 10 of 13

SECTION V I I - .ACKNOWLEDG.MEN IS, CON fRAC f INCORPORA f I O N , CO.MPLI.VNCE, PEN.VLflES, DISCLOSURE


,\. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement. City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

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, or transactions. The full text of these ordinances and a training program is available on line at www.cityofchicaRO.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N.

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully vvith 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 with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 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 rig-hts-or claims-w-h.ich-it-may-have..against-the CityJn_c.onnection_withJhe.public_r.eleas.e_oTJ.ntb.rmaiio_n_ contained in this EDS and also authorizes the City to verify the accuracy of any information submitted

in 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 City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters su'oject to Article I of Chapter 1-23 ofthe Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the infbrmation provided herein regarding eligibility must be kept current tor a longer period, as required by Chapter 1-23 and Section 2-154-020 ofthe Municipal Code.


Paue I 1 of 13

F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department of Rev enue, nor are the Disclosing Party or its Al'filiated Entities delinquent in paying any fine, lee, 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.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.l . and F.2. above and will 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 reason to believe has not provided or cannot provide truthful certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in F. 1., F.2. or F.3. above, an explanatory stateinent must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (I) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as ofthe date furnished to the City.

.... ^ Cmnna,).Q~ohi^^<^^ (Print or type n^me of Dj.8Ct^sing Party) ^

By: (Sign hqjfe) ^

(Print or type name ofperson signing)


Signed and sworn to before me on (date)

at C.Qr^_^—6^0»nty, ^ r j i ^ C - (state).

Commission expires:

Notary Public.

Paue 12 of 13

OFFIQALSEAL LATOYA CUNNINGHAM

NOTARY PUftJC - STATE OF lUlNOlS MY COMMSSKM EXPIRES:09/17/16

Cl fY OF CHICAGO ECONOMIC DISCLOSURE ST.U E.MENT .VND .VEFIDAVIT

.\PPENDIX A


This Appendi.x 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. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.

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 "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as ofthe date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers ofthe Disclosing Party listed in Section U.B.l.a., if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members ofthe Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


[--]-YQS — - - [ ' ^ ^ ~ .- -

If yes, please identify below (1) the name and tide of such person, (2) the name of the legal entity to which such person is connected; (3) the name and tide ofthe elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.

Paue 13 of 13


AND AFFIDAVIT




Indicate wjiether the Disclosing Party submitting this EDS is: 1. yf the Applicant



3. [ ] a legal entity with a right of control (see Section n.B.l.) State the legal name of the entity in which the Disclosing Party holds a right of control:

B. Snsrofess address of the Disclosing Party: ; .

C. Telephone: "-^ax: Email:

D. Name of contact person: ^,/f]fl^C^ ^c^li/i/S^^


T

F. Brief description of contract, transacfion or other undertaking (referred to below as the "Matter") to -vdiich .this.EDS pertains.-XInclude43r.oj£.c.Lnumb-eiLand locat!Qnjof_property,if^

/IA/if) .5337 }xJ;i^<tle^V^^ /^^-^'

G. Which City agency or department is requesting this EDS


Specification # / t / ' and Contract #

Ver. 01-01-12 PagC I o f 13

SECTION I I ~ DISCLOSURE OF OWNERSHIP INTERESTS


1/ Indicate the nature ofthe Disclosing Party:

Person ] Publicly registered business corporation ] Privately held business corporation ] Sole proprietorship ] General partnership ] Limited partnership ] Trust

[ ] Limited liability company [ ] Limited liability partnership [ ] Joint venture [ ] Not-for-profit corporation (Is the not-for-profit corporation also a 501(c)(3))?

[ ] Yes [ ] No [ ] Other (please specify)


HA 3. For legal entities not organized in the State of Illinois: Has the organization registered to do

business in the State of Illinois as a foreign entity?

[ ] Yes [ ] N o /A


1. List below the full names and titles of all executive officers and all directors of the entity. NOTE: For not-for-profit corporations, also list below all members, if 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).

If the entity is a general partnership, limited partnership, limited liability company, limited liability partnership or joint venture, list below the name and title ofeach general partner, managing member, manager or any other person or entity that controls the day-to-day management ofthe Disclosing Party.

-4SfO-TE:-Each-Iegal-entity-listed-belo-W_musLsubmit-an Ens..on-i.tsjowjij)ehajf,__

Name Title

2. Please provide the following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthe Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,

Page 2 of 13

interest of a member or manager in a limited liability company, or interest ofa beneficiary ofa trust, estate or other similar entity. If 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 from any applicant which is reasonably intended to achieve full disclosure.


SECTION III ~ BUSINESS RELATIONSHIPS WITH CITY E L E C T E D OFFICIALS


H^o [ ] Yes [i


SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

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 with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid"S"olely~through the-Disclosrng Party's Tegular-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. "Lobbyisf 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.


Page 3 of 13

Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether retained or anticipated to be retained)

Address (subcontractor, attorney, lobbyist, etc.)

paid or estimated.) NOTE: "hourly rate" or "t.b.d." is not an acceptable response.


[V^'^eck here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities.



Under Municipal Code Section 2-92-415, substantial owners of business enfities that contract with the City must remain in compliance with their child support obligafions throughout the contract's term.


[ ] Yes [I 1^0 [ ] No person directly or indirecdy owns 10% or more of the Disclosing Party.


[ ] Yes [ ] N o


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article r')(which the Applicant should consult for defmed terms (e.g., "doing business") and legal requirements), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in cerfifications 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

identified in Section l l . B . l . of this EDS:


b. have not, within a five-year period preceding the date of this EDS, been convicted o f a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state anUtrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;







Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under

common_coMnoJj3iLano.ther_p.ecs.Qn_o.r entity.. Indjcia ofcon^^ include, without limitation: interlocking management or ownership; idenfity of interests among family members, shared facilities and equipment; common use of employees; or organization ofa business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity); with respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity; • any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any

other official, agent or employee ofthe Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").

Page 5 of 13

Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor nor any Agents have, during the tlve years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an AtTiliated Entity ofa Contractor during the tlve years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:






5. Neither the Disclosing Party nor any Affiliated Enfity is listed on any of the following lists maintained by the Office of Foreign Assets Control ofthe 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 List, 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 (Legislafive Inspector General), 2-56 (Inspector General) and 2-156 (Governmental Ethics) ofthe Municipal Code.


V fi

Page 6 of 13

I f the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively

presumed that the Disclosing Party certified to the above statements.

8. To the best ofthe Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appointed official, ofthe City of Chicago ( if none, indicate with "N/A" or "none").

9. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has given or caused to be given, at any time during the 12-month period preceding the execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a " g i f f ' does not include: (i) anything made generally available to City employees or to the general public, or (ii) food or drink provided in the course of official City business and having a retail value of less than $20 per recipient ( i f none, indicate with "N/A" or "none"). As to any gift listed below, please also list the name of the City recipient.



[ ] is [*fis^ot



"We are not and wil 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 will 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 of doing business with 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 within the meaning of Chapter 2-32 of the Municipal Code, explain here (attach addifional pages i f necessary):

Page 7 of 13



Any words or terms that arc defined in Chapter 2-156 ofthe Municipal Code have the same meanings when used in this Part D.

1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter? /

[ ] Yes S/fNo

NOTE: I f you checked "Yes" to Item D. l . , proceed to Items D.2. and D.3. I f you 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 official or employee shall have a financial interest in his or her own name or in the name of any other person or enfity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not consfitute a financial interest within the meaning of this Part D.


[ ] Yes I vNo


Name Business Address " "Nature oflnterest"

4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will

be acquired by any City official or employee.


Please check cither 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or in an attachment to this EDS all information required by paragraph 2. Failure to

Page 8 of 13


The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


S E C T I O N VI ~ C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED M A T T E R S

NOTE: I f the Matter is federally funded, complete this Section V I . I f the Matter is not federally funded, proceed to Section VI I . For purposes of this Section V I , tax credits allocated by the City and proceeds of debt obligations ofthe City are not federal funding.



( I f no explanafion appears or begins on the lines above, or i f the letters "NA" or i f the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or enfity 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 with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

Page 9 of 13


4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501 (c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A . l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.


If the Matter is federally funded, federal regulafions require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.


[ ] Yes [ ] No


1. Have you developed and do you have on file affirmafive action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)

[ ] Yes [ ] No

1-—Have-you-filed with the Joint-Reporting-Committee,-the-Director-of-the_0.ffic.e_o.f_Ee_d.er.a.l Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13

SECTION V I I - - ACKNOWLEDGMENTS, CONTRACT INCORPORATION,

COMPLIANCE, PENALTIES, DISCLOSURE


A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other acfion with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

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, or transacfions. The 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 City's Board of Ethics, 740 N.


C. I f the City determines that any informafion provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other transactions with 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 Informafion Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible

-rights-or-elatm^s-whieh-it may havG-against4he City-in connectionjAcith. the..pu contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in 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 City takes acfion 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 Arficle I of Chapter 1 -23 of the 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 eligibility 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 in the payment of any tax administered by the Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated 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.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F. 1. and F.2. above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does not provide such certifications or that the Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in F. 1., F.2. or F.3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on behalf of the Disclosing Party, and (2) warrants that all certificafions and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date furnished to the City.

(Print or type name of Di^losing Party)

By: (Sign h^fe)

-^int-or-type-name of-person-signing)'

'ILhL rirlt 0

5 ^ (Prirlt or type title of person signing)

Signed and sworn to before me on,(date)i^^rr) } 0 i r l 0 ! 5 at Q o o K County, X/ /ynO/S (state).

Commission expires:_

Notary Public. OFFICIAL SEW.

Page 12 of 13

CITY OF CHICAGO ECONOMIC DISCLOSURE STATEiMENT AND AFFIDAVIT

APPENDIX A



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 "familial relationship" with any elected city official or department head. A "familial relationship" exists i f as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as>spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section H.B.l.a., i f the Disclosing Party is a corporafion; all partners of the Disclosing Party, i f the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, i f the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. "Principal officers" means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of a legal entity or any person exercising similar authority.


H Y e s 1 ^ 0 - - -


Page 13 of 13

City of Chicago



O2014-1342

.Meeting Date:

Sponsor(s):

sTitleS:

<>ommittee(s) Assignment: 1' \

• \ - '.'••

2/5/2014

Emanuel (Mayor)

Ordinance

Expansion of various multi-family vacant building Tax Increment Financing (TIF) Programs for Division/Homan Redevelopment Project Area Committee on Finance

il-'•I




February 5, 2014



At the request of the Commissioner of Planning and Development, I transmit herewith an ordinance authorizing an expansion of the Multi-Family Vacant Building TIF Program.

Your favorable consideration of this ordinance will be appreciated.

Very truly yours,

Mayor

ORDINANCE

WHEREAS, the City of Chicago ("City"), a home rule unit of government under Section 6(a), Article Vll ofthe 1970 Constitution ofthe State of Illinois, is authorized under the provisions ofthe Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and

WHEREAS, in the City there are numerous homes and residential buildings that are vacant; and

WHEREAS, it is in the best interest of the City to promote and assist in the development of affordable rental housing by establishing programs whereby theCity assists in the purchase and rehabilitation of vacant buildings to be developed as affordable rental housing; apd

WHEREAS, by an ordinance adopted by the City Council of the City ('City Council") on May 4, 2011, and published in the Journal of Proceedings ofthe City Council ("Journal") for said date at pages 117057 to 117064, inclusive (the "Establishment Ordinance"), the City authorized the Commissioner of the Department of Planning and Development ("DPD") to develop a "Vacant Building TIF Purchase and Rehabilitation Program" ("Program") to assist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing; and

WHEREAS, the City, through DPD, now desires, in accordance with the Establishment Ordinance, to implement the Program in the Division/Homan Redevelopment Project Area (the "Division/Homan Area") of the City and to enter into an agreement substantially in the form attached hereto as Exhibit A. and made a part hereof, with Community Initiatives, Inc., an Illinois not-for-profit corporation ("CM"), whose sole member is Community Investment Corporation, an Illinois not-for-profit corporation, to perform certain administrative services for the Program in the Division/Homan Area (the "CII Program Agreemenf); and

WHEREAS, to induce redevelopment pursuant to the Act in the Division/Homan Area, the City Council adopted the following ordinances on June 27, 2001: (1) "An Ordinance ofthe City of Chicago, Illinois Approving a Redevelopment Plan for the Division/Homan Redevelopment Project Area"; (2) "An Ordinance of the City of Chicago, Illinois Designating the Division/Homan Redevelopment Project Area as a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Acf; and (3) "An Ordinance of the City of Chicago, Illinois Adopting fax Increment Allocation Financing for the Division/Homan Redevelopment Project Area"; and

WHEREAS, the City Council now desires to designate the Division/Homan Area as an eligible TIF area for the Program and to authorize an amount not to exceed $1,000,000 to administer the Program in the Division/Homan Area; and

WHEREAS, the City's obligation to provide funds for the Program in the Division/Homan Area will be met through (i) incremental taxes deposited in the Special Tax Allocation Funds of the Division/Homan Area, or (ii) any other funds legally available to the City for this purpose; now, therefore,


SECTION L The above recitals are expressly incorporated in and made a part of this

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ordinance as though fully set forth herein.

SECTION 2. The Program in the Division/Homan Area is hereby created, which program shall, among other things, assist developers in the purchase and rehabilitation of new affordable multi-family housing in the Division/Homan Area. An amount not to exceed $1,000,000 is hereby appropriated from the Special Tax Allocation Fund of the Division/Homan Area to fund the Program in the Division/Homan Area.

SECTION 3. CII is hereby authorized to administer the Program in the Division/Homan Area, subject to the supervision of DPD.

SECTION 4. The Commissioner of DPD or a designee of the Commissioner are each hereby authorized, with the approval ofthe City's Corporation Counsel as to legal form, to negotiate, execute and deliver the CII Program Agreement between CII and the City substantially in the form attached hereto as Exhibit A and made a part hereof, and such other supporting documents as may be necessary to carry out and comply with the provisions of the CII Program Agreement, with such changes, deletions and insertions as shall be approved by the persons executing the CII Program Agreement.

SECTION 5. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisbns of this ordinance.

SECTION 6. This ordinance shall be effective as ofthe date of its passage.

EXHIBIT A

Form of CII Program Agreement for the Division/Homan Area

[See attached]

VACANT BUILDING TIF PURCHASE AND REHABILITATION PROGRAM AGREEMENT FOR MULTI-FAMILY HOMES

IN THE DIVISION/HOMAN REDEVELOPMENT PROJECT AREA BETWEEN THE CITY OF CHICAGO AND COMMUNITY INITIATIVES. INC.

This Vacant Building TIF Neighborhood Purchase and Rehabilitation Program Agreement for Multi-Family Homes (the "Agreement") is made on , 2014 by and between the City of Chicago, a municipal corporation and home rule unit of local government existing under the 1970 Constitution of the State of Illinois (the "City"), acting through its Department of Planning and Development ("DPD" or "Department"), and Community Initiatives, Inc., an Illinois not-for-profit corporation ("CII").

WHEREAS, the City is authorized under the provisions of the Tax Increment Allocation Redevelopment Act. 65 ILCS 5/11-74.4-1 et seg., as amended from time to time (the "TIF Act"), to finance projects that eradicate blighted conditions and conservation area factors through the use of tax increment allocation financing for redevelopment projects; and

WHEREAS, by an ordinance adopted by the City Council of the City on May 4,2011, the City authorized the Commissioner of DPD to establish a "Vacant Building TIF Purchase and Rehabilitation Program" to assist in the stabilization of neighborhoods and the City's housing market by providing assistance for the purchase and rehabilitation of vacant housing (the "Program"); and

WHEREAS, in the City there are numerous homes and residential buildings that are vacant; and

WHEREAS, it is in the best interest of the City to promote and assist in the development of affordable rental housing by establishing programs whereby the City assists in the purchaseand rehabilitation of vacant buildings to be developed as affordable rental housing; and

WHEREAS, by an ordinance adopted by the City Council ofthe City on , 2014, the City has approved the execution and delivery of this Agreement to implement a portion of the Program in the Division/Homan Redevelopment Project Area, established pursuant to ordinances passed on June 27, 2001; and

WHEREAS, DPD desires to implement a portion ofthe Program by using the services of CII, and CII desires to administer a portion of the Program in accordance with the provisions of this Agreement;

NOW, THEREFORE, in consideration ofthe mutual promises and covenants set forth below, the parties hereto agree as follows:

ARTICLE I - Incorporation and Recitals

The recitals set forth above are incorporated byreference as if fully set forth herein.

ARTICLE II - Definitions

"Affordable Rent" shall mean the rent amounts determined by the City for rental housing pursuant to 24 C.F.R. 570.208(a)(3), as may be adjusted for unit size, based on an income level not to exceed 50% of PMSA Median Income.

"Affordable Rental Housing" means a housing unit that is rented at a rental price that is affordable to Households earning up to 50% of the PMSA Median Income.

"Base Purchase Price" means the purchase price of an Eligible Multi-Family Residential Building, excluding any taxes, insurance, closing costs, or other such costs.

"CII" means Community Initiatives, Inc., an Illinois not-for-profit corporation, and its successors and assigns.

"Closing Costs" means reasonable and customary costs, not to exceed 6% of the Base Purchase Price, associated with the closing ofthe purchase ofthe Eligible Multi-Family Residential Development, including, but not limited to, transfer taxes, title company charges and recording fees.

"Commissioner" means the commissioner of DPD.

"Corporation Counsel" means the Corporation Counsel of the City.

"Department" or "DPD" means the Department of Planning and Development.

"Developer" means any person who develops an Eligible Multi-Family Residential Development, but does not include a lender or any governmental entity, and its successors or assigns.

"Developmenf or "develop" means the substantial rehabilitation of an Eligible Multi-Family Residential Development.

"Eligibility Criteria" means, at the time of the first rental by that Household, a Household earning up to 50% ofthe PMSA Median Income.

"Eligible Multi-Family Residential Developmenf means a Multi-Family Residential Development that is:

(1) vacant or foreclosed (meaning foreclosure proceedings have been completed under State law); (2) located in the Eligible TIF Area; and (3) in need of substantial rehabilitation.

"Eligible TIF Area" means the Division/Homan Redevelopment Project Area

"Event of Default" means any event of default as set forth inSection 5.1 hereof

"Grant" means any conditional grant of funds made by CII to a Developer from Program Funds.

"Grant Documents" means the agreements entered into between CII and a Developer in connection with a Grant, the Recapture Mortgage, and any other documents required by either DPD or CII to be executed in connection with a Grant, which documents shall be in substantially the form approved by the Corporation Counsel.

"Household" means, collectively, all the persons who occupy a Housing Unit as their primary residence.

"Household Income" means the combined income ofthe members of aHousehold for the calendar year preceding the date that the application forthe Program is filed with CII.

"Housing Unit" means a room or suite of rooms designed, occupied or intended for occupancy as a separate living quarterwith cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of the occupants of the unit; provided that a "housing unit" does not include dormitories, or hotels as that term is defined in Section 13-4-010 of the Chicago Municipal Code.

"Maximum Program Assistance" means the total amount of Purchase Price Assistance and Substantial Rehabilitation Assistance granted to a Developer for the purchase and Substantial Rehabilitation of an Eligible Multi-Family Residential Development, but which shall be limited to no greater than 50% of the sum" of the Base Purchase Price plus the cost of the Substantial Rehabilitation ofthe Eligible Multi-Family Residential Development

"Multi-Family Residential Developmenf means a building or group of buildings that contains 6 or more Housing Units that are located within a two block square area to one another and that are designed, arranged, used or intended to be used for residential occupancy

"PMSA Median Income" means the Primary Metropolitan Statistical Area median income, for the Chicago-Naperville-Joliet, Illinois, Metropolitan Fair Market Rent Area, as determined by the United States Department of Housing and Urban Development from time to time.

"Program" means the Vacant Building TIF Purchase and Rehabilitation Program established pursuant to an Ordinance adopted by the City Council of the City on May 4, 2011, as amended from time to time, and this Agreement.

"Program Funds" means those funds which will be used by the City to implement the Program in accordance with this Agreement.

"Purchase Price Assistance" means financial assistance awarded by the Department to a Developer to be used forthe base purchase price and closing costs associated with the purchase of an Eligible Multi-Family Residential Development.

"Recapture" means the recapture by CII or the City of Program Funds from Developers under the Grant Documents as described in Section 4.8.

"Recapture Mortgage" means the recapture mortgage, in a form to be approved by the Corporation Counsel, that shall be recorded with the Office ofthe Cook County Recorder of Deeds following the closing of a Grant to secure the continuing occupancy requirements set forth in Sections 4.3(h) and 4.8(e) of this Agreement.

"Reservation of Program Funds" means the conditional reservation of funds issued byCII upon an initial determination of eligibility for the Program by CII, pursuant to Section 4.3 of the Agreement.

"State" means the State of Illinois.

"Substantial Rehabilitation" means the reconstruction, enlargement, installation, repair, alteration, improvement or renovation of a building, structure or portion thereof requiring a permit issued by the City and costing $25,000.00 or more perHousing Unit to rehabilitate.

"Substantial Rehabilitation Assistance" means the amount of assistance granted to a Developer under this Program that shall be used for the Substantial Rehabilitation of an Eligible Multi-Family Residential Building.

"Supportive Housing" means a residential development that combines housing with social services, including, but not limited to: job training, life skills training, alcohol and drug abuse counseling, educational programs, and case management.

'TIF Act" means the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended from time to time

'TIF Area" means a redevelopment project area designated pursuant to the TIF Act.

"Vacant" means a Multi-Family Residential Development, which is lacking the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful residential occupancy has ceased.

ARTICLE III - REPRESENTATIONS. WARRANTIES AND COVENANTS

3.1 Representations and Warranties. In connection with the executions and delivery ofthis Agreement, CII represents and warrants to the City that:

(a) CII is incorporated in the State as a not-for-profit corporation; and is in good standing in the State;

(b) CII is financially solvent and able to pay its debts as they mature;

(c) CII, its employees, agents and officials are competent and qualified to perform the services required under this Agreement;

(d) CII has the right, power and authority to execute, deliver and perform, or cause to be performed, this Agreement under the terms and conditions stated herein; CII has obtained and received all necessary approvals from its Board of Directors and any other required approvals which are necessary for CII to execute and deliver this Agreement and to perform its duties hereunder;

(e) no member of the governing body of the City and no other elected official, appointed official, officer, agent, consultant or employee of the City is employed by CII or has a financial or economic interest directly in this Agreement or the compensation to be paid hereunder except as may be permitted by the Board of Ethics estdjiished pursuant to the Municipal Code of Chicago;

(f) CII is not in default on any contract or Grant awarded to CII by the City at the time ofthe execution of this Agreement, and CII has not been, within five years preceding the date hereof, in default on any contract or Grant awarded to CII by the City;

(g) CII has carefully examined and analyzed the provisions and requirements of this Agreement and, from this analysis, CII has satisfied itself as tothe nature of all things needed forthe performance of this Agreement; and the time available to CII for such examination, analysis, inspection and investigation has been adequate;

(h) this Agreement is feasible of performance by CII as appropriate, in accordance with all of its provisions and requirements;

(i) except only for those representations, statements or promises expressly contained in this Agreement and any exhibits attached hereto and incorporated by reference herein, no representation, statement or promise, oral or in writing, or of any kind whatsoever, by the City, its officials, agents or employees, has induced CII to enter into this Agreement or has been relied upon by CII including any with reference to: (A) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (B) the general conditions which may in any way affect this Agreement or its performance; (C) the compensation provisions ofthis Agreement; or (D) any other matters, whether similar to or different from those referred to in (A) through (C) immediately above, affecting or having any connection with this Agreement, the negotiation hereof, any discussions hereof, the performance hereof or those employed herein or connected or concerned herewith;

(j) CII was given ample opportunity and time and was requested by the City to review thoroughly this Agreement prior to execution of this Agreement in order that CII might request inclusion in this Agreement of any statement, representation, promise or provision which is desired or on which CII wished to place reliance, that it did so review said documents, and either every such statement, representation, promise or provision has been included in this Agreement or else, if omitted, CII expressly hereby relinquishes the benefit of any such omitted statement, representation, promise or provision and CII is willing to perform this Agreement in its entirely without claiming reliance thereon or making any other claim on account of such omission;

(k) there are no actions or proceedings by or before any court or governmental commission, board, bureau or other administrative agency pending or, to the knowledge of CII, threatened, against or affecting CII which if adversely determined could materially and adversely affect the ability of CII to perform hereunder or which might result in any material, adverse change to the financial condition of CII or may materially affect the property or assets ofCII; and

(I) this Agreement has been executed and delivered by authorized officers of CII and constitutes a legal, valid and binding obligation of CII, enforceable in accordance with its terms.

3.2 Covenants. In connection with the execution and delivery of this Agreement, CII covenants to the City that:

(a) except for its own employees (and except for appraisers and construction inspectors serving as independent contractors), CII will not use any individual, organization, partnership or corporation to carry out any of the duties or obligations of Cl I hereunder, unless (1) CII first obtains a certification of such individual, organization, partnership or corporation substantially the same as the representations, warranties and covenants contained in this Article III and in Article IV hereof, (2) such certifications shall be addressed and delivered to the City and (3) the City approves, in writing, the use of such individual, organization, partnership or corporation;

(b) all warranties and representations of CII contained in this Agreement will be true, accurate and complete at the time of each Grant made pursuant to this Agreement, and shall survive the execution, delivery and acceptance hereof by the parties hereto for the length of this Agreement;

(c) CII shall be subject to, obey and adhere to any and all federal. State and local laws, statutes, ordinances, rules, regulations and executive orders as are now or may be in effect during the term of this Agreement which may be applicable toCII;

(d) CII shall remain solvent and able to pay its debts as they mature;

(e) no member of the governing body of the City and no other elected official, appointed official, officer, agent, consultant or employee ofthe City shall have any personal interest, direct or indirect, in the business of CII or shall participate in any decision relating to the business of CII which affects his/her personal interests or the interests of any corporation, partnership or association in which he/she is directly interested;

(f) no former member of the governing body of the City and no former other elected official, appointed official, officer, agent, consultant or employee of the City shall, for a period of one year after the termination of such person's term of office or employment, assist or represent CII in any business transaction involving the City or any of its agencies, ifthe person participated personally and substantially in the subject matter of the transaction during his/her term of office or employment, provided that if the person exercised contract management authority with respect to this Agreement (including any Grant), this prohibition shall be permanent as to this Agreement;

(g) CII shall immediately notify the City of any and all events or actions which may materially adversely affect the ability of CII to carry on its operations or perform any or all of its obligations under this Agreement at any time while this Agreement is in effect;

(h) CII shall not enter into any other agreement or transaction which would conflict with the performance of the duties of CII hereunder or under any of the Grart Documents;

(i) during the term of this Agreement, CII shall continue as an Illinois not-for-profit corporation in good standing under the laws of the State; and

(j) CII shall enforce all provisions of the Grant Documents in accordance with the terms thereof and shall provide to the City all notices required hereunder or thereunder.

ARTICLE IV - Duties and Obligations

4.1 CII shall execute and deliver to DPD such documents as may be required by the Corporation Counsel to evidence CII's participation in the Program, including, but not limited to, the City's current form of Economic Disclosure Statement and an opinion of counsel in substantially the form of Exhibit A attached hereto and incorporated herein.

4.2 (a) In the Eligible TIF Area, CII shall use Program Funds authorized by the City for the Eligible TIF Area to provide Purchase Price Assistance and Substantial Rehabilitation Assistance to

a Developer for the purchase and Substantial Rehabilitation of an Eligible Multi-Family Residential Development, consistent with the provisions of this Agreement.

(b) CII agrees that the total amount of funds available for the Program in the Eligible TIF Area shall be up to a maximum of $1,000,000 and that there have been no representations, assurances or agreements that any other assistance shall beforthcoming from the City. CII shall provide written notice to the City when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CII pursuant to Section 6.5, equals 80% of the Program Funds authorized for the Eligible TIF Area and thereafter when the aggregate amount of Program Funds committed or paid, including Grants and administrative costs paid to or for the account of CII pursuant to Section 6.5, equals 100% of the Program Funds authorized for the Eligible TIF Area. Program Funds are deemed committed for purposes of this Section when CII has determined the amount of Program Funds to be the subject of a Grant and sent notice of final approval of an Application pursuant to Section 4.3(e) to an eligible Developer. No Grants shall be made or committed to be made by CII hereunder when such commitment would result in the aggregate amount of Grants, together with all administrative costs related to such Grants paid to CII pursuant to Section 6.5, exceeding the amounts authorized forthe Eligible TIF Area. No Grants shall be made or committed to be made by CII hereunder when such commitment occurs after the date of receipt of the notice from the City described in Section 6.2 hereof regarding the termination of this Agreement.

(c) The amount of Program Funds authorized for the Eligible TIF Area may be changed from time to time upon written notice by DPD to CII, provided that the aggregate amount shall not exceed $1,000,000 (or such other amount as the City may determine from time to time).

4.3 CII shall manage the Program in the following manner (or as otherwise agreed to by DPD and CII):

(a) CII will work with DPD to provide information to potential Developers about the availability ofthe Program, including explaining what the Program offers and the income, property and residency requirements. Program Funds shall be available on a first-come, first-served basis.

(b) CII shall inform potential Developers ofthe process and documentation that is required in order for them to both obtain a Reservation of Program Funds and to receive final approval for the Grant

(c) Before potential Developers can be declared eligible to receive a Reservation of Program Funds, the potential Developer must complete an Application. CII shall accept and process Applications in the following manner (or as otherwise agreed to byDPD and CII):

(i) CII shall make Application forms available at its main office. CII shall make employees available in person or over the phone to answer inquiries;

(ii) Applications shall also be available by calling CII, which will mail applications to potential applicants;

(iii) Applications must include a sworn statement of contractor and a narrative ofthe construction work. Attached to every application shall be a copy of an inspection

report for the proposed property prepared by a licensed and bonded contractor, and any other information deemed necessary by CII or DPD; and

(iv) All Applications shall be returned directly to CII; the City will not accept Applications.

(v) When Applications are received by CII, they will be time-stamped and reviewed in the order received. Applications must be complete to be reviewed. CII shall review all Applications for eligibility, completeness and compliance with the Agreement.

(vi) For each potential Developer, CII shall obtain title information regarding the Developer and the Multi-Family Residential Development, respectively, and shall verify that rent being charged in the building is, or will be, an Affordable Rent. CII shall fonward the name, address and Social Security number of every applicant to DPD for a scofflaw check. CII shall perform an initial site visit to verify that the property will qualify. CII shall approve a scope of work and shall order an appraisal for the property. CII shall not approve any Application unless a commitment for matching funds required hereunder has been obtained by the Developer.

(vii) CII will notify applicants if their Application has been approved or rejected. Within 10 days of approving or rejecting an Application, CII shall notify the applicant in writing of such approval or rejection and shall provide the City with a copy of each such notice. All notices of rejection shall include the reasons for such rejection.

(viii) While Applications will be reviewed in the order of receipt, funds will be provided to Developers in the order in which the Developers meet all the requirements for funding a Grant hereunder.

(ix) If all Program funds in an Eligible TIF Area are fully reserved, CII will establish a wait list for additional Reservations of Program Funds on a first-come, first-served basis. If a Developer does not use its reserved funds within the required time period, CII will notify the Developer that the funds are no longer reserved and contact the next Developer on the wait list.

(d) Upon determination by CII that a Developer is eligible to participate in the Program, CII may provide the Developer Purchase Price Assistance and Substantial Rehabilitation Assistance, consistent with the provisions of this Agreement, in the applicable amount as set forth in subsection 4.3(e). As a condition of receiving such assistance, the Developer shall be required to establish at least 50% of the Housing Units in the Multi-Family Residential Development as Affordable Rental Housing. Ifthe Development meets one or more ofthe following criteria, then CII may provide, if approved by DPD, an amount of assistance greater than the Maximum Program Assistance:

(i) Will provide Housing Units for Households earning up to 30 percent of the PMSA Median Income;

(ii) Will provide Supportive Housing;

(iii) Is located within 500 feet of a school, park, library, or church;

(iv) Has been designated as a National or City of Chicago Historic Landmark, is listed on the National Register of Historic Places, or is orange- or red-rated in the Chicago Histonc Resources Survey or

(v) Is located on a block where fifty percent or more of the properties are vacant or foreclosed.

(e) The amount of the Purchase Price Assistance and Substantial Rehabilitation Assistance granted to any Developer for an Eligible Multi-Family Residential Development shall be limited to no greater than 50% of the sum of the Base Purchase Price plus the cost to Substantially Rehabilitate the Eligible Multi-Family Residential Development. Grant funds awarded under this Program shall be provided on a pro-rata basis with the amount of funds required from the Developer to complete the Development

(f) The Affordable Rental Housing required by this subsection shall continue to be affordable for a period of 15 years after the time of the issuance of the certificate of occupancy (or after the first day ofthe initial lease, if no such certificate is issued); provided that if a longer term is required by any other applicable law, the longer term shall apply.

(g) The rental of such Affordable Rental Housing created pursuant to this Agreement shall be made only to Households meeting the eligibility criteria.

(h) Prior to the issuance of a building permit to a Developer for any Eligible Multi-Family Residential Development, CII shall cause a lien, regulatory agreement or similar instrument ("Recapture Mortgage") to be recorded to secure the requirements of this Agreement and the Recapture of the following amounts:

(i) Upon the rental of any Housing Unit required to be Affordable Rental Housing under this Agreement at a rental price that renders the Housing Unit not Affordable Rental Housing, or to a Household that does not meet the eligibility criteria, the Developer shall pay a fee of $500.00 per unit per day for each day that the Developer is in noncompliance; provided that prior to the assessment of the penalty, the Developer shall have 90 days, after written notice from DPD, to cure the noncompliance. If after 90 days the Developer fails to cure the noncompliance, the fees shall be assessed from the first day of noncompliance. The 90-day time period to cure the noncompliance may be extended by DPD, for good cause.

4.4 CII shall provide the following services:

(a) Technical/Rehabilitation Services. CII shall assist the Developer in the preparation of detailed plans and specifications for the renovation work. Cl I must approve the contractor selected, which must be licensed and property insured; in its approval, CII shall consider the financial strength and the technical capability ofthe contractor. CII shall review the contract(s) between the Developer and the contractor(s) for the renovation work. While the Developer is not required to use Minority Business Enterprises or Women Business Enterprises for the renovation work, the City shall supply to CII, and CII shall make available to each Developer, a current list of contractors and subcontractors which are certified by the City as Minority Business Enterprises or Women Business Enterprises. While the requirements of Section 2-92-330 of the Municipal Code of the City of

Chicago (City Resident Employment Requirement) will not apply to the renovation work done pursuant to the Program, CII shall use its best efforts to recruit and encourage the use of qualified contractors based in Chicago (particularty in the Eligible TIF Area) for the renovation work being funded pursuant to this Agreement.

(b) Requirements for Grants for Eligible Multi-Family Residential Developments. After approving an Application, CII shall promptly prepare and execute Grant Documents for each Grant. The Grant Documents shall require that:

(i) Program Funds finance only TIF-eligible costs; and

(ii) the Grant Funds shall not be provided unless loan proceeds or other funds from the Developer (which loans may, but shall not be required to, be made by CII) are available to fully finance the purchase and/or rehabilitation of the Multi-Family Residential Development.

(c) Closing. CII shall promptly close each Grant. Pnor to disbursement of any Program Funds by CII, CII shall require each Developer to enter into the Grant Documents. The Grant Documents shall require that the renovation of the Multi-Family Residential Development commences within six months of the date on which a Grant closes. CII shall provide in all Grant Documents that the City is a third-party beneficiary ofthe Grant Documents. CII shall not close each Grant, or provide any Program Funds unless the matching funds described in subsection (b) above are available to the Developer. CII shall not provide Program Funds to any Developer in an amount in excess of the applicable Maximum Program Assistance; provided, that the maximum amount so provided may be increased with the approval of DPD in accordance with Section 4.3(d)

(d) Disbursement of Grant Funds. The City will place the Grant funds for each Eligible TIF Area into an interest-bearing segregated or escrow account established by CII for this purpose. Any income earned on amounts held in the account shall be used at the sole discretion of the City: (i) to make Grants hereunder, or (ii) in such other manner as the City determines. CII shall disburse funds from this account to the City at the written request of the City if income is earned on amounts held in the account. CII shall make any such disbursement within 30 days of its receipt of the City's request. CII agrees that any disbursements from this account which are later determined to have been made in violation of this Agreement will be repaid to this account by CII. Pursuant to the Grant Documents, CII will draw funds from the segregated account as needed to pay for approved TIF-eligible costs to Developers. Prior to disbursing any funds from this account, CII shall obtain evidence that the costs being paid for are TIF-eligible costs. Each Grant shall be accounted for separately in the records maintained byCII.

(e) Monitoring.

(1) CII shall specify an employee directly responsible for working on each Grant. CII shall provide DPD with notice ofthe person(s) responsible for these duties and the respective Grants.

(2) If a Developer breaches any covenant or agreement under the applicable Grant Documents, CII shall mail notice of such breach tothe Developer as provided in the Grant Documents (with a copy to DPD) and shall take such further action consistent with the terms of this Agreement.

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(3) CII shall monitor the progress of the renovation work to confirm compliance with this Agreement and the Grant Documents. CII shall make a final inspection of the renovation work at its completion to confirm compliance with this Agreement and the Grant Documents.

(f) Reporting. On a quarterly basis during the term hereof, CII shall submit to the City a report in a form approved by DPD and containing the following information for each Grant closed during the previous quarter, and for each Developer whose Application has been approved: (i) the address ofthe Multi-Family Residential Development; (ii)the name and address of each Developer for such Multi-Family Residential Development; (iii) the amount ofthe applicable Grant and the date of the Grant; (iv) the status of the renovation work on such Multi-Family Residential Development; and (vi) evidence that the maximum rental rates charged in any Multi-Family Residential Development do not exceed the maximum amount permitted under this Agreement. In addition, CII shall also include the following in such report regarding the Program as ofthe end ofthe preceding quarter: (i) total number of matchingloans approved by CII; (ii) number of renovations in process; (iii) number of renovations completed; (iv) total amount of Grant funds disbursed hereunder, with a description to include how much was disbursed for each Multi-Family Residential Development; (v) the total amount of interest earned on Grant funds held by CII; (vi) evidence that no disbursement would result in the funds disbursed by CII hereunder for any Multi-Family Residential Development exceeding the applicable Maximum Program Assistance; and (vii) the total amount of fees paid to CII pursuant to Section 6.5. At the end of every quarter, CII shall deliver a report to the City regarding the application process and listing (A) the total number of Applications, and (B) the total dollar amount of Grants requested, along with any other informatbn requested by the City.

(g) Marketing. CII shall make information about the Program, including Applications, readily available to persons applying to become Developers. In connection therewith, CII shall prepare and distribute brochures and other written materials describing the Program. CII shall also make appropriate personnel available to speak at seminars to promote and explain the Program and shall conduct other affirmative outreach efforts (including organizing or participating in seminars, conferences and public meetings) to disseminate information about the Program to the public. CII shall cooperate (and shall bind its contractors to cooperate) with DPD in any event which DPD may undertake to promote and explain the Program. CII shall dedicate sufficient employee time and resources to respond promptly to inquiries from potential applicants.

4.5 The Grant Documents shall require that each rental unit in a Eligible Multi-Family Residential Development bear rents not greater than the Affordable Rent for such unit at any time during the Affordability Period.

4.6 The Grant Documents shall require that each Developer who renovates housing assisted with Program Funds maintain the premises in compliance with all State and City code requirements.

4.7 CII shall be responsible for all actions of any agents, employees, officers of CII performing any duties or obligations ofCII hereunder.

4.8 (a) The Program Funds to be provided to CII hereunder by the City are a conditional grant, and the use of such funds by CII and Developers is subject to the compliance by CII and Developers with certain provisions of this Agreement. The Grant Documents shall provide that

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Program Funds provided for a Eligible Multi-Family Residential Development shall be subject to Recapture if, at any time during the Affordability Period, the requirements of Section 4.5 are not met (subject to any applicable cure periods in the Grant Documents) with respect to such unit. The amount subject to Recapture shall be calculated as follows, based on when the requirements of Section 4.5 are not met (subject to cure periods as indicated above): if the event of noncompliance takes place within the first year after the applicable Grant has been fully disbursed, then the full amount of the Grant will be subject to Recapture; on the first anniversary of the date that the applicable Grant was fully disbursed, the amount so subject to Recapture will be reduced by 1/15 of the amount ofthe applicable Grant; and the amount subject to Recapture will be reduced by a like amount each succeeding anniversary, so that on the fifteenth anniversary the amount subject to Recapture will be zero.

(b) Upon the occurrence of any event set forth in paragraph (a) of this Section, CII shall immediately notify DPD of the occurrence of such event and shall take any or all necessary action to Recapture the aggregate amount of Program Funds provided to each Developer with respectto the Eligible Multi-Family Residential Development, including any late payment penalties due under any of the Grant Documents.

(c) Any monies Recaptured by CII shall be returned to the City. Funds so recaptured with respect to any Eligible Multi-Family Residential Development may be used only with respect to costs in the tax increment financing redevelopment area in which the Eligible Multi-Family Residential Development is located.

(d) CII shall include the provisions ofthis Section in the Grant Documents.

(e) The Recapture right of the City will be secured by a lien, recorded at the time the Grant Documents are signed against the real property on which each Eligible Multi-Family Residential Development is located ("Recapture Mortgage"). The lien shall be in a form acceptable to the City and will be recorded by CII at no expense to the City. The lien will reflect that the amount subject to Recapture will decline over time.

4.9 The City authorizes CII to act, subject to the limitations contained herein and in accordance with the provisions of this Agreement: (i) to manage and service the Grants; (ii) to enforce or to refrain from enforcing the Grant Documents for each Grant; (iii) to give consents or approvals in connection with the Grant Documents for each Grant; (iv) to take or refrain from taking any action and make any determination provided for herein or in the GrantDocuments; and (v) to exercise all such powers as are incidental thereto.

4.10 In its marketing efforts regarding the Program, the City shall notify potential Program applicants that there will be a matching funds requirement (as set forth in Section 4.4(b) hereof).

4.11 Insurance.

(a) CII must provide and maintain at its own expense, except as may be otherwise provided herein, during the term of this Agreement and during the time period following expiration if CII is required to return and perform any of the work or services under the agreement, the insurance coverages and requirements specified below, insuring all operations related to the Agreement.

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1) Workers Compensation and Employers Liability

Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide work under this Contract and Employers Liability coverage with limits of not less than $500.000 each accident, illness or disease.

2) Commercial General Liability (Primary and Umbrella)

Commercial General Liability Insurance or equivalent with limits of not less than $2.000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages must include the following: All premises and operations, products/completed operations and contractual liability (not to include Endorsement CG 21 39 or equivalent). The City of Chicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work or services.

Subcontractors performing work for CII must maintain limits of not less than $1,000.000 with the same terms herein.

3) Automobile Liability (Priman/ and Umbrella)

When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, CII must provide Automobile Liability Insurance with limits of not less than $1,000.000 occurrence for bodily injury and property damage. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis.

4) Errors & Omissions/Professional Liability

When any Program Managers/Administrators or any other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $1.000,000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Agreement. A claim-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.

5) Valuable Papers

When any media, data, records, reports, application and other documents are produced or used under this Contract, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re-creation and reconstruction of such records.

6) Blanket Crime

CII must provide Blanket Crime coverage covering all persons handling funds under this Agreement against loss by dishonesty, robbery, burglary, theft, destruction, or disappearance, computer fraud, credit card forgery, and other related crime risks. The policy limit must be written to cover losses in the amount of maximum monies/funds collected, received and in the possession of CII at any given time.

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7) Propertv

CII is responsible for all loss or damage to City property at full replacement cost that results from this Agreement.

CII is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used byCII.

b) CII must furnish the City of Chicago, Departmentof Planning and Development, City Hall, Room 1006, 121 North LaSalle Street 60602, original Certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. CII must submit evidence of insurance on the City of Chicago Insurance Certificate Form (copy attached) or equivalent prior to execution of the Agreement. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements. The failure of the City to obtain certificates or other insurance evidence from CII is not a waiver by the City of any requirements for CII to obtain and maintain the specified coverages. CII must advise all insurers ofthe Agreement provisions regarding insurance. Non-conforming insurance does not relieve CII ofthe obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work until proper evidence of insurance is provided, or the Agreement may be terminated.

The insurance must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed.

Any deductibles or self-insured retentions on referenced insurance coverages must be borne by CII.

CII hereby waives and agrees to require their insurers to waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives.

The coverages and limits furnished by CII in no way limit CII's liabilities and responsibilities specified within this Agreement or by law.

Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by CII under this Agreement.

The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.

If CII is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.

CII must require all subcontractors to provide the insurance required herein, or CII may provide the coverages for subcontractors. All subcontractors are subject to the same insurance requirements of CII unless otherwise specified in this Agreement.

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If CII or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost.

Notwithstanding any provision in the Agreement to the contrary, the City of Chicago Risk Management Department maintains the right to modify, delete, alter or change these requirements, and the City shall promptly notifyCII of any such changes.

ARTICLE V - Events of Default: Remedies

5.1 Events of Default Defined. The following, subject to the notice and cure provisions of Section 5.2 hereof, shall each constitute an Event of Default hereunder:

(a) any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance ofthis Agreement, made byCII to the City;

(b) failure by CII to perform any of its duties or obligations under this Agreement;

(c) any change in ownership or control of CIC without prior written notification to the City;

(d) the dissolution of CII or the entry of a decree or order for relief by a court having jurisdiction with respect to CII in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee or sequestrator (or other similar official) of CII or for any substantial part of the property thereof or ordering the winding-up or liquidation of the affairs of CII and the continuance of any such decree or order unstayed and in effect for a period of 30 consecutive days;

(e) the commencement by CII of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by CII tothe appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian or sequestrator (or other similar official) of CII orof any substantial part ofthe property of CII or of any royalties, revenues, rents, issues or profits therefrom, or the making by CII of any assignment for the benefit of creditors or the failure of CII generally to pay its respective debts as such debts become due or the taking of action by CII in furtherance of any of the foregoing;

(f) a final judgment for the payment of money in excess of $100,000 shall be rendered by a court of competent jurisdiction against CII, and CII shall not discharge the same or provide for its discharge in accordance with its terms, or procure a stay of execution thereof, within 60 days from the date of entry thereof, or such longer period during which execution of such judgment shall have been stayed;

(g) default by CII underany other agreement which CII may currently have or may enter into with the City during the term of this Agreement; or

(h) a failure by CII to fulfill its obligations under any Grant Documents.

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5.2 Remedies. If any event referred to in Section 5.1 hereof cannot reasonably be cured within 30 days after receipt of notice given in accordance with the terms ofthis Agreement, or if CII has failed, in the sole opinion of the City, to commence and continue diligent efforts to cure such event, the City may, at its sole option, declare an Event of Default hereunder. Whether to declare an Event of Default hereunder is within the sole discretion of the City and neither that decision nor the factual basis for it is subject to review or challenge under this Agreement. Written notification of, or that results in, an Event of Default, and any intention of the City to terminate this Agreement, shall be provided to CII and such decision shall be final and effective upon receipt of such notice pursuant to Section 6.14 hereof and failure to cure within the stated applicable cure period. Upon the giving of such notice, the City may invoke any or all of the following remedies:

(a) the right to terminate this Agreement as to any or all of the services yet to be performed effective at a time specified by the City;

(b) the right of specific performance, an injunction or any other appropriate equitable remedy;

(c) the right to money damages;

(d) the right to withhold all or any part ofthe compensation of CII hereunder; and

(e) the right to deem CII non-responsible in future contracts to be awarded by the City.

If the City considers it to be in its best interests, it may elect not to declare an Event of Default hereunder or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of the City and that if the City permits CII to continue to provide the services despite one or more Events of Default, CII shall in no way be relieved of any of its responsibilities, duties or obligations under this Agreement nor shall the City waive or relinquish any of its rights thereby.

The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or failure to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed as a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient.

ARTICLE VI - General Provisions

6.1 Duration of the Agreement. This Agreement shall commence on the date of execution and delivery hereof and, unless eariier terminated pursuant to this Agreement, shall terminate when the last Grant payment is made byCII hereunder.

6.2 Termination. The City may terminate this Agreement for convenience upon thirty (30) days written notice from the City. In such event, all rights and obligations running to and from each party shall be terminated and of no further force and effect; provided thatCII shall be obligated to maintain all records and monitoring obligations with respect to any Grant made in accordance with the terms of this Agreement for a period of five years after the date of the Grant and provided that

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the City pays for all grant commitments properly made up to the point of termination pursuant to this Agreement.

6.3 Indemnification. CII shall pay, indemnify and save the City and the City's officers, employees and agents harmless of, from and against, any and all losses incurred by any such party under this Agreement and any claim brought by reason of any such loss due to CII's negligence, bad faith or willful misconduct In the event that any claim is brought against the City or any ofthe City's officers, employees or agents, by reason of any such loss, CII, upon notice from the City, covenants to resist and defend such claim on behalf ofthe City and the City's officers, employees and agents.

6.4 Non-Liability of Public Officials. No official, employee or agent of the City shall be charged personally by CII or by any assignee or subcontractor of CII with any liability or expenses of defense or shall be held personally liable to CII, or any assignee or subcontractor of CII underany terms or provisions of this Agreement because of the City's execution or attempted execution hereof or because of any breach hereof

6.5 Compensation. CII shall not charge any Eligible Homebuyer any fees or charges for a Grant hereunder. The only compensation received by CII for performance under this Agreement shall be in accordance with this Section 6.5, as follows:

(a) CII shall be entitled to compensation hereunder in an amount equal to 3 percent (3%) ofthe aggregate Program Funds paid by the City for each Eligible Property if CII is the senior lender or an amount equal to 5 percent (5%) if CII is not the senior lender

(b) The City shall not be responsible for the payment of any fees other than as set forth in this Section.

6.6 Documentation of Costs and Income: Records and Availability. All TIF-eligible costs paid from the proceeds of a Grant shall be supported by property executed invoices, contracts or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the TIF-eligible costs. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be maintained by CII and shall be clearly identified and readily accessible to the City upon written request.

CII shall maintain records evidencing compliance with the all requirements ofthe Program for each Eligible Property which is the subject of a Grant, including the provisions of Section 4.5. Such records shall be maintained for a period of five years after the date of the Grant. All Grant Documents shall be held by Cli for the benefit of the City during the term of this Agreement and for five years thereafter. Upon the written request of the City, CII shall provide the City with access to and copies of such records.

At any time during normal business hours and as often as the City may deem necessary, CII shall make available to the City (i) all of its records with respect to matters covered by this Agreement and (ii) access to its employees who have knowledge about the matters covered by this Agreement. CII shall permit the City to audit, examine and make excerpts or transcripts from such records, and to make copies of records relating to personnel, conditions of employment and other data covered by this Agreement.

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At any time during normal business hours and as often as the City may deem necessary, each Eligible Homebuyer shall make available to the City the Eligible Property and records relating to tenants of the unit, if any, in order for the City to verify compliance with this Agreement, including Section 4.5. CII shall include this requirement in the Grant Documents.

6.7 Non-discrimination. CII agrees it shall be an unlawful employment practice for CII (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, or the terms, conditions, or privileges of his employment, because of such individual's race, color, religion, sex, age, handicap or national origin; or (2) to limit, segregate, or classify its employees or applicants for employment in any way which would deprive or tend to deprive any individual in any way of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color religion, sex, age, handicap or national origin.

CII shall comply with the Illinois Human Rights Act, 775 ILCS 5/1 -101 et seg. and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity clause, 56 III. Admin. Code 2520 Appendix G. Furthermore, CII shall comply with and shall cause any contractor utilized under this Agreement to comply with the Discrimination in Public Contracts Act, 775 ILCS 10/0.01,et seq.

6.8 City Reguirements. CII shall comply with the Chicago Human Rights Ordinance, ch. 2.160, Section 2-160-010 et seg. of the Chicago Municipal Code (1990); and the Chicago Fair Housing Regulations ch. 5-8, Section 5-8-010 et seq. ofthe Chicago Municipal Code (1990).

CII agrees to furnish and to cause each of its subcontraDtor(s) to furnish such reports and information as requested by the Chicago Commission on Human Relations.

6.9 Assignment. CII may not assign, sell, transfer or delegate any of its duties or obligations under this Agreement without the prior written consent of the City. The City may assign, sell, transfer or otherwise dispose of any of its rights hereunder, in whole or in part, without the permission of CII.

6.10 Savings Clause. In case any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

6.11 Entire Agreement This Agreement and the incorporated Exhibits constitute the entire Agreement and may not be modified, altered or amended unless agreed to by both parties in writing. Any waiver or any provision of this Agreement must be executed in writing by the party granting the

waiver and such waiver shall not affect any other rights of the party granting the waiver or act to affect any other duty or obligation of the party receiving the waiver.

6.12 Counterparts. This Agreement is composed of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect.

6.13 Headings. The headings and titles of this Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement.

6.14 Notices. Unless otherwise specified, any notice, demand or request hereunder shall

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be given in writing at the addresses set forth below, by any of the following means: (a) personal service; (b) electronic communications, whether by telex, telegram or telecopy; (c) overnight courier; or (d) registered or certified mail, return receipt requeued.

IF TO CITY: Department of Planning and Development City of Chicago 121 North LaSalle Street Room 1006 Chicago, Illinois 60602 Attention: Commissioner

WITH COPIES TO: Office of the Corporation Counsel City of Chicago City Hall, Room 600 121 North LaSalle Street Chicago, Illinois 60602

Attention: Finance & Economic Development Division

and Department of Finance City of Chicago 33 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attention: Comptroller

IF TO CII: Community Initiatives, Inc. 222 South Riverside Plaza, Suite 2200 Chicago, Illinois 60606 Attention: President

Such addresses may be changed by notice to the other parties givenin the same manner provided above. Any notice, demand or request sent pursuant to either clause (a) or (b) above shall be deemed received upon such personal service or upon dispatch by electronic means. Any notice, demand or request sent pursuant to clause (c) above shall be deemed received on the business day immediately following deposit with the overnight courier and any notice, deemed or request sent pursuant to clause (d) above shall be deemed received two business days following deposit in the mail.

6.15 Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State without regard to its conflict of laws principles.

6.16 Approval. Wherever in this Agreement provision is made for the approval or consent of the City, or any matter is to be to the City's satisfaction, or the like, unless specifically stated to the contrary, such approval, consent, satisfaction or the like shall be made, given or determined by the City in its sole discretion, subject to the review by the Corporation Counsel. Any such approval, consent or other determination shall be made by the Commissioner of the Department of Planning and Development, or any designee thereof, in his or her role as administering this Agreement forthe City.

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6.17 Standard of Performance. CII shall at all times act in the best interest of the City, consistent with the professional obligations assumed by it in entering into this Agreement. CII shall perform, or cause to be performed, all services hereunder in accordance with the terms and conditions of this Agreement and to the reasonable satisfaction of the City. Any review, approval, acceptance or payment for any and all of the services by the City shall not relieve CII of its responsibility for the professional accuracy and due diligence of its services. This provision in no way limits the City's rights against CII either under this Agreement or otherwise, at law or in equity.

6.18 References to Statutes, etc. All references herein to statutes, regulations, rules, executive orders, ordinances, resolutions or notices or circulars issued by any governmental body shall be deemed to include any and all amendments, supplements and restatements from time to time to or of such statutes, regulations, rules, executive orders, ordinances, resolutions, notices and circulars.

6.19 No Contractor Inducements. CII shall comply with Chapter 2-156 of the Municipal Code of Chicago, "Governmental Ethics", including but not limited to Section 2-156-120 of such Chapter, pursuant to which no payment, gratuityorofferof employment shall be made in connection with any City contract, by or on behalf of a subcontractor to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. Any contract negotiated, entered into, or performed in violation of any of the provisions of such Chapter 2-156 shall be voidable as to the City.

6.20 No Business Relationship with City Elected Officials. Pursuant to Section 2-156-030(b) of the Municipal Code of Chicago, it is illegal for any elected official of the City, or any person acting at the direction of such official, to contact, either orally or in writing, any other City official or employee with respect to any matter involving any person with whom the elected official has a "Business Relationship" (as defined in Section 2-156-080 ofthe Municipal Code of Chicago), or to participate in any discussion of any City Council committee hearing or in any City Council meeting or to vote on any matter involving the person with whom an elected official has a Business Relationship. Violation of Section 2-156-030(b) by any elected official, or any person acting at the direction of such official, with respect to this Agreement, or in connection with the transactions contemplated hereby, shall be grounds for termination of this Agreement and the transactions contemplated hereby. CII hereby represents and warrants that, to the best of its knowledge after due inquiry, no violation of Section 2-156-030(b) has occurred with respect to this Agreement or the transactions contemplated hereby.

[REST OF PAGE INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF, the City and CII have executed this Agreement as of the date first set forth above.

CITY OF CHICAGO

By: Commissioner of Planning and Development

COMMUNITY INITIATIVES, INC.

By:

Its: President

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EXHIBIT A

Form of Counsel's Opinion [to be placed on attorneys letterhead]

2014

Office of the Corporation Counsel City of Chicago City Hall, Room 600 121 North LaSalle Street Chicago, Illinois 60602

Attention: Finance & Economic Development Division

RE: Vacant Building TIF Purchase and Rehabilitation Program Agreanent (the "Agreement")


I have acted as Corporate General Counsel for Community Initiatives, Inc., an Illinois not-for-profit corporation ("CH"), in connection with the execution and delivery ofthe Agreement by and among CM and the City of Chicago, acting by and through its Department of Planning and Development (the "City"). CII has requested that this opinion be furnished to the City.

In so acting as Corporate General Counsel for CII I have examined:

(i) an executed original of the Agreement;

(ii) the Articles of Incorporation, including all amendments thereto, of CII as furnished and certified by the Secretary of State of the State of Illinois;

(iii) the By-Laws of CII, as certified by the Secretary of CII as ofthe date hereof; and

(iv) the Certificate of Good Standing dated , issued by the Office of the Secretary of State of the State of Illinois, as to the good standing ofCII.

In my capacity as Corporate General Counsel, I have also examined such other documents or instruments as I have deemed relevant for the purposes of rendering the opinions hereinafter set forth.

I have also assumed, but have no reason to question, the legal capacity, authority and the genuineness of the signatures of and due and proper execution and delivery by the respective parties other than CII which has made, executed or delivered or will make, execute and deliver the agreements and documents examined by me.

I express no opinion as to (i) the laws of any state or jurisdiction other than the State of Illinois (and any political subdivisions thereof) and the United States of America; and (ii) any matters pertaining or relating to the securities laws of the United States of America, the State of Illinois or any other state.

Based upon and subject to the assumptions and qualifications herein stated, it is my opinion that:

1. CII isa not-for-profit corporation, duly organized and validly existing under the laws of the State of Illinois, CII has made all filings required by the laws of the State of Illinois in respect of its formation and continuing existence, and has all requisite authority to carry on its business and to execute and deliver, and to consummate the transactions contemplated by, the Agreement.

2. The Agreement has been duly executed and delivered on behalf of CII, and constitutes a legal, valid and binding obligation of CII, enforceable against CII in accordance with its terms, except to the extent that enforcement of any such terms may be limited by: (a) applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) judicial and public policy limitations upon the enforcement of certain remedies including those which a court of equity may in its discretion declineto enforce.

3. To my knowledge, there is no action, suit or proceeding at law or in equity pending, nor threatened, against or affecting CII, before any court or before any governmental or administrative agency, which if adversely determined could materially and adversely affect the ability of CII to perform under the Agreement or any of its business or properties or financial or other conditions.

4. The transactions contemplated by the Agreement are governed by the laws of the State of Illinois.

5. The execution and delivery of the Agreement and the consummation of the transactions contemplated thereby will not constitute:

A. a violation or breach of (i) the Articles of Incorporation of CII, (ii) the By-Laws of CII, (iii) any provision of any contract or other instrument to which CII is bound, or (iv) any order, writ, injunction, decree, statute, rule or regulation binding on CII; or

B. a breach of any ofthe provisions of, or constitute a default under, or result in the creation or imposition of any lien or encumbrance upon any of the property of either CII pursuant to, any agreement or other instrument to which CII is a party or by which CII is bound.

6. No action of, or filing with, any governmental or public body is required to authorize, or is othenwise required for the validity of, the execution, delivery and performance of any of the Agreement.

This opinion is furnished for your benefit and may be relied upon by you and any such other party in connection with the Agreement, but may not be delivered to or relied upon by any other person or entity without written consent from the undersigned.

Very truly yours,


AND AFFIDAVIT



aamuilty 3hMjuUiud, Ctipzatlca


Indicate whether the Disclosing Party submitting this BDS is: 1. •[ ] the Applicant

OR 2. [)] a legal entity holding a direct OT indirect interest in the Applicant. State the legal name of the

Applicant in which the Disclosing Party holds an interest: camuitty IhttiatlveB, Ttn. OR

3. [ ) a legal entity with a right of control (see Section II.B.l.) State the legal name of tbe entity in which the Disclosing Party holds a right of control:

B. Business address of the Disclosing Party: 222 S. Rt^galds Elaza, aiite 2200

ChicBgBf II> 60606

C. Telephone: 312-gS X770 Fax: 312-25S-fi888 Email: [email protected]




i m t i t ^ ntn,T<nr|H T H 1 H « t i v ^ f t j } ^ TCmrty

G. Which City agency or department is requesting this EDS? BED

If tho Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:.

Specification ft and Contract #

Ver.fli.«i-n Page 1 of 13

SECTION n DI8CL0SVIIE OF OWNKSSHIT DTTERKS'TS

A. NATURE OF THE DISCLOSmO PARTY

1. Indicate tiie natare of the Discloiing Party: [ ] Person [] Limited liability company [} Publicly regiiteivd basinew corporation [] Limited Uabili^ partnendiip [ ] Privately held buf ineii coipomtion [ J Joint venture [1 Sole pn iietonbq> [j^ Not-for-profit corporation [ J General paitnetvliip (Is tbe not for-proftt corporation alio a S01(c)(3})7 [] Liinited paitaenbip IQYes []No [} Trust [ ] Other (please specify)

2. For legal entitiea, the state (or foreign coontry) of incoiporation or organization, if applicable;

3. For legal entities not organized ia the State of Illinois: Has tbe organization registered to do busineM in tbe State of Qlinois as a foieigo entity?

(]Y68 (JNo DJN/A

B. IF THE DISCLOSmO PARTY IS A LEGAL ENTITY:

I, List below the Aill names and titles of all executive officers and all directon of tbe entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no sucb members, write "no members." For trusts, estates or other similar entities, list below the legal titleboIder(s).

Ifthe entity is a general paitnerafaip, limited pannenb , limited liability company, limited liability paitnership or joint venture, list below the name and title of each general partner, managing member, manager or any other person or entity that controls the dny-to-day management ofthe Disclosing Party. NOTE: Each legal entity listed below must submit an BDS on its own behalf.

Name Title jTp Meabera See Attaohad L i s t of Olractora < officers

2. Please provide the following information concerning each person or entity having a direct or bdirect beneficial interest (including ownership) in excess of 7.5H of the Disclosing Party. Examples of such an Interest Include shares in a corporation, partnership interest in a partnership or Joint venture,

Page 2 of 13

interest of a member or manager in a limited liability compsny, or interest of a beoeficiaiy of a trust, estate or other sfanilar entity. If none, state "Voae." NOTE: Pursuant to Section 2-154-030 ofthe Municipal Code of Chicago (Municipal Codc^, the City may require any such additional faifomiation from any applicant which is ressonsbty Intended to achieve fiill diKlosnre.

Name Business Address Pezccntage Interest in the Disclosing Party

ftfh

SECTION m ~ BUSINESS RELATIONSHIFS WITH CITY ELECTED OFFICIALS

Has the Disclosing Patty bad a "business relationship." as.defined in Cb iter 2< 15$ of the Municipal Code, with any City elected ofiHcial in the 12 months before tbe date this EDS is signed?

[]Yes Ittfo

If yes, please identify below the luune(s) of such City elected oCBciaI(s) and describe such reUtionship(8):

SECTION rv ~ DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

Tbe Disclosing Patty must disclose tbe name end business address of each subcontractor, attorney, lobbyist, accountant, consultant and any other penon or entity whom the Disclosmg Party has retafaied or expects to retain in connection with the Matter, as well as the nature of die relationsblp, and the total amount ofthe fees paid or estimated to bo paid. The Disclosing Party is not reiiuired to disclose employees who are paid solely through tbe Diselosing Paity i regular payroll.

"Lobbyisr mesna any person or entity who undertakes to influence iny legislative or administntive action on behalf of any person or entity other than: (I) a aot-for proflt 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 inclodes undeitakhig to influence any legislative or administrative action.

If tibe Diselosing Party is uncertain whether a disclosure 1« required under tiiis Section, tbe Disclosing Party must eitiier ask tiie City whether disclosure is required or make the disclosure.

Page3of 13





M Check here ifthe Disclosing Party has not retained, nor expects to retain, any such persons or entities.




Has any person who directiy or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

[ ]Yes [ ] No [ ] No person directly or indirectly owns 10% or more of the Disclosing Party.

If "Ycs," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?

[JYcs [ ] N o


I. 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), if the Disclosing Party submitting this EDS is the Applicant and is doing business with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controlling person is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If Article I applies to the Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

Page 4 of 13

2. The Disclosing Party and, if tiie Disclosing Party is a legal entity, all of those persona or entities identified in Section II.B.I. of tiiis BDS:


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 rendeied against them in connection with: obtainmg, attempting to obtain, or performing a public (fcdoal, 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 governmental entity (federal, state or local) with committing any of the ofTenses set forth in clause B.2.b. of this Section V;


e. have not, within a five-year period preceding the date of this BDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any crimmal or civil action, including actions concerning environmental violations, instituted by the City or by the federal govenmient, any Slate, or any other unit of local govemment,

3. The certiflcations in subparts 3,4 and S concern:

• the Disclosing Party; • any "Contractor" (meaning any contractor or subcontractor used by the Disclosfaig Party in

connection with the Matter, includmg but not limited to all persons or legal entities disclosed under Section IV, "Disclosure of Subcontractors and Other Retained Parties'9; • any "Affiliated Entity" (meanmg a person or entity that, directiy or indirectiy: controls tbe

Disclosing Party, is controlled by tiie Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity. Indicia of control Include, witiiout Iunitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using subihwtially the same management, ownership, or principahi as the ineligible entity); witii respect to Contractors, the term Aflilmted Entity means a person or entity that directiy or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of anotiier person or entity; • any responsible official of tiie Disclosing Party, any Contractor or any AffiUated Entity or any

other ofllcial, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contiactor or any AfCiliated Entity (collectively "Agents").

PBge5of 13

Neither the Disclosing Party, nor any Contractor, nor any AfHliated Entity of eitiier tiie Disclosmg Party or any Contractor nor any Agents have, during tiie five years before tiie date this EDS is signed, or, with respect to a Contiactor, on Affiliated Entity, or in Affiliated Entity of a Contractor during tbe five years before the date of such Contractor's or Affiliated Entit/s contract or engagement in connection witii the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any ageney of the federal govemment or of any state or local govemment in tiie United States of America, in tiiat officer's or employee's official capacity;

b. agreed or colluded with other bidders or prospective bidden, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or colhision among bidders or prospective bidders, m restraint of freedom of competition by agreement to bkl a fixed price or otherwise; or


d. violated tbe provisions ofMunicipal Code Section 2-92-610 (Living Wage Ordinance).

4. Neither the Disclosing Party, Affiliated Entity or Contractor, or any of tiieir employees, officials, agents or parmers, is boired from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating m violation of 720 ILCS 5/33 E-4; or (3) any similar offense of any state or of tiie United States of America that contains tJie same elements as the offense of bid-rigging or bid-rotating.

5. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained by the Office of Foreign Assets Control of tiie U.S. Department of tiie Treasury or the Bureau of Industry and Security of the U.S. Department of Commerce or theur successors: the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

6. The Disclosing Party understands and shall comply witii the applicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (Inspector General) and 2-156 (Govemmenbil Etiiics) of tiie Municipal Code.

7. To the best of tiie Disclosing Party's knowledge after reasonable inquiry, no current employee of the DiKlosing Party was, at any time during the 12-month period preceding the execution date of this EDS, an employee, or elected or appomted official, ofthe City of Chicago.

8. To the best of the Disclosing Party's knowledge after reasonable inquiry, tiie Disclosing Party has not given or caused to be given a gin, at any thne during the 12-montfa period preceding tiie execution date of this EDS, to an employee, or elected or appointed official, of the City of Chicago. For purposes of this statement, a "gift" does not include: (i) anything made generally avaiUble to City

Page 6 of 13

employees or to tiie general public, or (ii) food or drnik provided in tbe course of official City business and having a retail value of less than $10 per recipient

9. If the Disclosing Party is unable to certify to any of the above statements in tiiis Part B (Further Ceitificati'ons), the Disclosing Party must explain below:

KMS

If tbe Ictten "NA," tbe word "None," or no response appears on tiie lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.

C. CERTIFICATION OF STATUS AS FINANCLVL INSTITUTION


M is [ ] is not

a "financial institution" as defined in Section 2-32-4SS(b) ofthe Municipal Code.


"We are not and will 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 will become, a predatory lender as defined in Chapter 2-32 of the Muu'cipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may resuh in tiie loss of tiie privilege of domg business witii the City."

If tbe Disclosing Party is imable to make this pledge becatise it or any of its affiliates (as defined m Section 2-32-4SS(b) ofthe Municipal Code) is a predatory lender witbui the meaning of Chapter 2-32 of the Municipal Code, explain here (attach additional pages if necessary):

m

If die letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that tbe Disclosing Party certified to tbe above statements.

D. CERTIFICATION REGARDING INTEREST IN CFFY BUSINESS

Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same

Page 7 of 13

meanings when used in this Part D.

1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the City have a financial interest in hb or her own name or in the name of any other person or entity in the Matter?

[ ] Yes y No

NOTE: If you checked "Yes" to Item D.l.. proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected ofBcial or employee shall have a financial interest in his or her own name or in tiie name of any other person or entity in tiie purchase of any propeity that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at tiie suit ofthe City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest witiiin Qie meaning of this Port D.

Docs tiie Matter involve a City Property Sale?

[jYes []No

3. If you checked "Yes" to Item D. 1., provide tbe names and business addresses of tiie City officials or employees having such interest and identify the nature of such interest:


4. The Disclosing Piarty further certifies that no prohibited financial interest in tbe Matter will be acquired by any City official or employee.

B. CERTIFICATION REGARDING SLAVERY ERA BUSINESS

Please check either 1. or 2. below. If tiie Disdoshig Party checks 2., tbe Disclosing Party must disclose below or in an attachment to this BDS all information required by paragraph 2. Failure to comply with these disclosure requirements moy moke any contract entered into with tiie City in connection witii tbe Matter voidable by the City.

Tbe 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 slaveiy or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.

Page 8 of 13


1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entides regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.

2. The Disclosing Party verifies that, as a result of conducting the search in step 1 above, the Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes fiill disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:

SECTION VI - C E R T I F I C A T I O N S FOR F E D E R A L L Y FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.



(If no explanation appears or begins on the lines above, or if the letters "NA" or ifthe word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on bebalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. I. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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 an organization described in section 501(c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in secdon 501(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A. l . through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications prompdy available to the City upon request.




[ ] Yes [ ] No


1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal reguladons? (See 41 CFR Part 60-2.)

[ ] Yes [ ] No

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 ali reports due under the applicable filing requirements?

[ ] Yes [ ] No


[ J Yes [ ] No


Page 10 of 13

contract QI other agreement between Qie Applicant and tiie City in connection witii tbe Matter, whetiier procurement. City assistance, or other City action, and ore material inducements to tiie City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party undersUnds that it must comply with all statutes, ordinances, and regulations on which this EDS is based.

B. The City's Govemmental Etiiics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of the Municipal Code, impose certam duties and obligations on persons or entities seeking City contracts, work, business, or tiansactions. Tlie fiill text of ttiesc ordhtances and a training program is available on line at www.citvofchicago.ore/Ethics. and may also be obtained from tiie City's Board of Etiiics, 740 N.

Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. Tbe Disclosing Party must comply fiilly with tbe applicable ordinances,

C. Ifthe City determines that any information provklod in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and tbe City may pursue any remedies under tbe contract or agreement (if not icsefaided or void), al law, or in equity, inchiding terminating tbe Disclosing Party's porticipation in the Matter ond/or declining to allow tiic Disclosing Forty to participate in other transactions with the City. Remedies at law for a false statement of material fact may mchide incarceration and an award to tbe City of treble damages.

D. It a tbe City's policy to moke this document available to tiio public on its Interact site and/or upon request. Some or all of tho information provided on this EDS and any attachments 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, tbe Disclosing Party waives and releases any possible rights or claims which it may have against tbe City in connection with tiie public release of inforaiation contained in this BDS and also authorizes tbe City to verify the accuracy of any information submitted in tiiis EDS,

E. The infonnation provided in this EOS must be kept current In the event of changes, ttie Disclosing Party must supplement this BDS up to the time die City takes action on tiie Matter. If tiie Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as tbe contract requires. NOTE; With respect to Matters subject to Article I of Cbopter 1-23 of tiie Municipal Code (imposing PERMANENT INELIGIBILITY forcortiun specified offenses), the information provided heroin regarding eligibility must be kept cunent for a longer period, 08 required by Chapter 1-23 and Section 2-154-020 of tbe Municipal Code.

Tbe Discloshig Party represents and worronts tiiat:

F. I. Tbe Disclosing Party is not delhiquent in the payment of any tax administered by tbe Illinois Department of Revenue, nor ore tbe Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or other charge owed to ttie City. This includes, but is not limited to, all water charges, sewer charges, license fees, parkbg tickets, property taxes or sales taxes.

F.2 If tiie Disclosing Party is the Applicant, tbe Disclosing Party and its Affiliated Entities will not

Page 11 of 13

F. 1. The Disclosing Party is not delinquent in the payment of any tax administered by tiie Illinois Department of Revenue, nor are the Disclosing Party or its Affiliated Entities delinquent in paying any fine, fee, tax or otber 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 If the Disclosing Party is tiie Applicant, tiie Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use. any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in F.I. and F.2. above and will not, without the prior written consent ofthe City, use any such contractor/subconti-actor that does not provide sucb certifications or that the Disclosing Party has reason to believe has not provided or carmot provide truthful certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in F.l . , F.2. or F,3. above, an explanatory statement must be attached to this EDS.

CERTIFICATION

Under penalty ofpcrjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS and Appendix A (if applicable) on bebalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS and Appendix A (if applicable) arc true, accurate and complete as of the date fumished to the City.

oamurity JjumtiimL 0tx|ji,ml kn (Print OT type name of Disclosing Party)

By:. (SjPgnl are)

Othia ima^ (Print or type name of person signing)

(Print or type titie of person signing)

Signed and svjpm to before me on (date)/ ^ / 1 - J L ^ , /•» (stated.

PagC 12 of 13

Signed and swor at A ^ ^ O ^ ^ County,

Commission expires

OTY OF CHICAGO ECONOBHC DISCLOSURE STATEMENT AND AFFIDAVIT

APFENDDCA

FAMIUAL RELATIONSHIPS WITH ELECTED CTTY OFFICIALS AND DETARTMENT BEADS

TUs AppmiUx il to be wnqiteeMl ooliy by (a) ttM AppUcant, Md (b) any 1 ^ owne(«U^tatciTstisaieAppttcao(«xcerdfeic73paTmt It is net to be coapUM by uy legal entity which his ody on faitfirect vwawaUp fatoFcot la tkc Appdcam.

Under Municipal Code Soctioq 2«I54ÎI5, tiie Diai:k>iing Party must disctose wbotiier sncfa DisclosingPoty or any "Applicable PMty" or my B xigse or Domestic Paitnn tiiCROf cumntty has a "finUlil ntaticuh^ mtii any elected city official or dqwrtmeat bead. A rfiunita'ilTclatknsUp" exists ii as ofOw dote Ibis BDS is slôd, the Disdoshig Potty or any "AppficoUe POity" or any ^wuse or Domestic Partna thereof is related to the mayor, asy oldaman, ttie city clcifc, tfao city traasuror or any city depanmcat head u spouse or doinestic partner or as oity of tiie following; wbettor by blood or adopdon: pannt, cbiH brother or sister, niece or nephew, grandparent, gianddiiW, bdHr-lnJow, molber-in-law, son-in-bnr, daugbtcr-ln-lsw, stcp&tiicr or stepmother, itcpson or st ptkughter, itcpbrolfaer or stapsister or holf-brotbcr or biJf-tistcr.

"Applicable Party" means (1) all-cxecotive oEBcm of tiie Discloshig Patty listed in Scctioo ILB.l.a., ifthe Disclosing Patty is a oofporstion; aU portwis of the Discloshig Party, if the Disdoiia^ partnership; aB goieial partoori and InntedpoxtiKra of tbe Disckwing Pattys p«itnenbip; «11 nwnagcn, manighig membera and neidicn of tho Diadosing Paity, if tiio Disclosing Party is a linnted hability coiiipany; (2) aO prindpd oflkas of tbe DioElosing taty; 0^ a 7.5 percent ownanfaqi mterest in the DisdosiBg Flity. "Mioipal offlcns" means the presktait diier qpcnting officer, eocecutivo director, chief finandal ofBcer, treasumror secretatyof a legal entity or any penon exercising similar authority.

Does the Disckning Party or any "Applicable Party" or any Spouse or Domestic Partner tiiereof cmtentiy have a "finnilial refarttonaliqi'' with on dectod dty offidal or department head?

[JYes No

If yes, please identify bebw (1) SIB name and titie of such person, (2) tiie name of die legal entity to wUdi such person is oosacctad; (3) tiw name and titie of tiie dected dty official or depattmcat bH^ person has a fiBBihal rdônsUp, and (4) tbe precise nature of such finnilial relationshqi.

Page 13 of 13

COMMUNITY INVESTMENT CORPORATION BOARD OF DIRECTORS & OFFICERS

FY 2013

CIC OFFICERS - FY 2013

Chairman

Vice Chainnan

President

Vice President

Treasurer

Vice President

Vice President

Secretary & General Counsel

Assistant Secretary

Patrick Nash

Mitchell Feiger

John G. Marliowski

Michael Bielawa

Thomas Hinterberger

Angela Maurello

Vincc Daley

Mark Bums

Monica Kirby


AND AFFIDAVIT


A. Legal name of Ihe Disclosing Party submitting this EDS. Include d/b/a/ if applicable:

Ctnmjntty IriUJatlvBB, Jtc.

Check ONE of tbe following three boxes:

Indicate whether the Disclosing Party submitting this EDS is: 1. (cl the Applicant

OR 2. [ ] a legal entity holding a direct or indirect interest in the Applicant. State tiie legal name of the


3. [ ] a legal entity with a right of control (see Section II.B.I.) State the legal name of the entity in which the Disclosing Party holds a right of control:

B. Business address of the Disclosing Party: 222 S. RLvecaicb Pilaza, SiltB 2200

Odcegp, IL 60606

C. Telephone: 312-29 0070 Fax: 312-25&^ Email: m a i ^ J ^ o d i d c a ^ ^

D. Name of contact person: ftngala ftutEllo



XEF-Bsxhaee / l«Hb

G. Which City agency or department is requesting this EDS? ™



Ver.si.oi-11 Page 1 of 13

SECTION n - DISCLOSURE OF OWNERSHIP INTERESTS


1. Indicate tbe nature of tbe Disclosing Party: [ ] Person [} Limited liability company [ j Publicly registered buoinest corporation [] Lfanlted liability poitscrshq) [ ] Privately bdd business corporation [ ] Joint venture { ] Sole proprietorship it] Not-for-profit corporation [ ] General portnersfaip (Ii the not-for-profit corporation alio a 50I(c)(3))7 [} Limited partnership g<| Yes [ ] No n Trost [J Other (please specify)

2. For legal entities, tbe Itate (or fordgn country) of incorporation or organization, if applicable:

I l l i n o i s

3. For legal entities not organized in tbe State of Illinois: Has tbe organization registered to do bttsincsi m tbe State of Illinois as a foreign entity?

[ ] Yes [ 1 No M N/A


I. List below the full names and tities of all executive officers and all directors of tiie entity. NOTE: For not-for-profit corporations, also list below all members, if any, which are legal entities. If there are no suoh members, write "no members.* For trusts, estates or otiier similar entities, Ust below tbe legal titiebolder(s).

If tbe entity is a generel partnership, limited partnership, limited liability company, limited liability paitnership or jomt venture, list below the name and title of each general portiier, managing member, manager or any other person or entity that controls tbe day-to-day management of the Disclosing Potty. NOTE: Each legal entity b'stcd below must submit an BOS on Its own bebalf.

Name Titie See attached C I I offlcere CoBinunity InveBtiaent Corporation - Sols mwnber

Z. Please provide tbe following Infotmation concerning each person or entity bavmg a direct or indirect beneficial mterest (bicludlng ownership) in excess of 7.5K ofthe Discloimg Party. Examples of such an mterest include shares in a corporation, partnership interest in a partnership or joint venturv,

Pagc2of 13

interest of a member or manager hi a Umited liability company, or interest of a bcqeficlaty of a trust, estate or otiier sbnilar entity. If none, state "None." NOTE: Pursuant to Section 2-154-030 of tiie Municipal Code of Chicago ("Municipal Code"), tiic City may require any sucb additional hifbrmation from any apphcant which is reasonably intended to achieve fhll disclosure.

Nome Business Address Percentage Interest in tiie Disclosmg Patty

SECTION HI ~ BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has tiie Disclosmg Party bod a "business relotionsb^," as defined hi Chapter 2-156 ofthe Muaielpal Code, with any City elected official in die 12 months before tiic dote this EDS is signed?

[]Yw HNo

If yes, please identify below die iiame(s) of such City dected official(s) and describe sucb relationsbip(s):

SECTION IV - DISCLOSURE OF SUBCONTRACTORS ANO OTHER RETAINED PARTIES

The Disdoshig Party must disclose the name and business address of each lubconnoctor, attomey, lobbyist, acoonntont, coniultut and any otber person or entity whom tbe Disclosing Patty has retuued or expects to retain in connectfcia with tbe Matter, as well as tbe nature of tbe relationship, and the total amount of ttie foes paid or estimated to be paid. The Disclosing Party is not required to disckise employees who ore paid solety through the Disclosmg Poity'i regular payroll,

"Lobbyist" means any person or entity who undertakes to infhicsce any legiilotive or administrative action on behalf of any person or entity other thon; (I) a not-for-profit entity, on on unpaid basis, or (2) himself "Lobbyist:' dso means any penon or entity any port of whose duties as on employee of another toe hides nndeitolcing to infiuence any legislative or odmuiiatrative action,

Ifthe Disclosbig party is unccitain whetber a disclosure is required under tiiis Section, tis Disclosing Party must either ask die City whetiier disclosure is required or moke the disclosure.

Page 3 of 13


Relati'onship to Disclosing Party Fees (indicate whether (subcontractor, attomey, paid or estimated.) NOTE: lobbyist, etc.) "houriy rate" or "t.b.d." is



M Check here i f the Disclosing Party has not retained, nor expects to retain, any such persons or entities.




Has any person who directiy or indirectiy owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?

(]Yes [ ] No [ ] No person directly or indirectly owns 10% or more ofthe Disclosing Party.


[ ] Yes [ ] No


1. Pursuant to Municipal Code Chapter 1-23, Article I ("Article ?')(which tiie 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 with the City, then the Disclosing Party certifies as follows: (i) neither the Applicant nor any controliing person is currentiy indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, firaud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any sister agency; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: I f Article I applies to tbe Applicant, the permanent compliance timeframe in Article I supersedes some five-year compliance timeframes in certifications 2 and 3 below.

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2, The Disclosing Party and, if the Disclosing Psity is a legal entity, all of those perooni or entiti'cs klentifled hi Section HJB.l. of tills BDS:

a. are not preKntty debarred, suspended, proposed for debarment, declared ineligible or volmtarily exclud^ firom any transactions by any federal, stste or local unit of government;

b. bsve not, within o five-year period precedhig die date of tbii EDS, been convicted of a criminal offonse, adijudged guilty, or bad a civil judgmem rendered against them In connectico witii: obtaining, ottetaptmg to obtain, or performing a public (federal, state or tocol) tiansaction or contract under a public transaction; a violation of fedoal or state antitrust statutes; fiand; cmbezzlvment; tbeft; fbrgeiy; bribery; fiilslficatioa or destmction of records; making fUss statements; or receiving stolen property;

c. are not piesentiy indictsd for, or crimhially or civilly charged by, a govenimental entity (fedcnl, state or local) with committing any of tiie offenses set forth fai closso B.2.b. of tills Section V;

d. have not, within a five-yew period preceding tbe date of tiiis EDS, bad one or more public transactions (federal, itotc or local) termmatod for cause or defiiult; and

e. hove not, withm a five-year period preceding the dato of tills BDS, been convicted, adjudged guilty, or Ibund liable in a civil proceeding, or in any criminal or civil action, includmg actions conceming enviroimenial violations, instituted by the City or by the federal government, aity state, or any otber unit of local government

3, The certifications in subparts 3,4 and 5 concern:

• tiie Disclosing Party; • any "Contractor" (meaning any contractor or subcontractor used by tbe Disctosing Potty in

cormection with the Matter, including but not limitad to all persons or legal entities disclosed under Section IV. "Disclosure of Subcontnctore and Otber Retained Patties"); • any "Affiliated Entity" (meanhig a person or entity tiiat, directly or mdlrcctiy: controls tiie

Disclosing Party, Is controlled by tiie Disclosmg Potty, or is, with tiie Disclosing Potty, under common control of another person or entity. Indicia of control include, without Uaitotimi: interiocking management or ownership; identity of taterests among family membcri, shared facilities and equipment; common use of employees; or organization of o business entity following the meligibtUty of a busbicss entity to do business with federal or state or local govemment, including tbe City, usmg substantially tbe same management, ownership, or prindpals as tb« ineligible endty); with respect to Contrecton, tiic term Affiliated Entity means a pcison or entity that directly or indirectiy oootrolo tbe Contractor, is controlled by it, or, witii tiic Contractor, is under common control of another person or entity; • any responsible official of the Discloshig Party, any Contractor or any Affilioted Entity or any

otber ofEcial, agent or employee of tiie Discloshig Potty, any Contractor or any Affilioted Entity, acting punuont to tbe direction or outiioiizoti'on of o responsible official of the Discloshig Party, any Contractor or any AffiUated Entity (coUectivety "Agents").

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Neitiier the Disclosmg Party, nor any Contractor, nor any AffiUated Entity of either the Disctosing Party or any Contractor nor any Agents have, during the five years before the date this EDS is signed, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five yean before tbe date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal govemment or of any sute or locol govemment in the United States of America, m that ofGcer's or employee's official capacity:

b. agreed or colluded witii 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 fi-eedom of competition by agreement to bid a fixed price or otherwise; or

c. made an admission of sucb conduct described in a. or b. above that is a matter of record, but have not been prosecuted for such conduct; or


4. Neither the Disclosing Patty, AffiUated Entity or Contractor, or any of their employees, officials, agents or parmers, is barred from contracting with any unit of state or local government as a result of engaging in or bemg convicted of (I) 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 tiie United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.

5. Neither Uie Disclosing Party nor any AffiUated Entity is Usted on any ofthe foUowmg lists maintained by the Office of Foreign Assets Control of tiie 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 List, the Denied Persons List, the Unverified List, the Entity List and the Dobotred List

6. The Disclosing Party understands and shoU comply with the opplicable requirements of Chapters 2-55 (Legislative Inspector General), 2-56 (laspcctor General) and 2-156 (Govemmental Etiiics) ofthe Municipal Code.

7. To tbe best of tiie Disclosing Party's knowledge after reasonable inquiry, no current employee of the Disclosing Patty was, at any time during the 12-month period preceding the execution date of tiiis EDS. an employee, or elected or appointed offidal, of the City of Chicago.

6. To the best ofthe Disclosing Party's knowledge after reasonable inquiiy, the Dbclosing Party has not given or caused to be given a gift, at any time during the 12-month period preceding the execution date ofthis EDS, to an employee, or elected or appointed ofiftcial, of the City of Chicago. For purposes ofthis statement, a "gift" does not include; (i) anythmg made generally available to City

Page 6 of 13

employees or to the general public, or (u) food or drink provided in tiie course of official City boshiess and having a retail value of less than $10 per recipient

9, If tiie Disclosing Party is unable to certify to any of tbe above statements in this Port B (Further Certifications), the Disclosing Party must explam below:

If the letters "NA," the word "None," or no response appears on the Ihies above, it will be conclusively presumed that the Disclosing Party certified to the above statements.

C, CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION


[ ] is y is not

a "financial institution" as defined in Section 2-32-4S5(b) of tiie Municipal Code.

2. If tbe Disclosing Party IS a financial institution, then the Disdosing Party pledges:

"We are not and will not become a predatoty lender as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, and none of them will become, a predatoiy lender as defined in Chapter 2-32 of the Municipal Code. Wc understand that becoming a predatory lender or becoming an affiliate of a predatoty lender may result in tiie loss of the privilege of doing business with the City."

If the Disclosing Party is unable to make tiiis pledge because it or any of its affiliates (as defined m Section 2-32-4S5(b) ofthe Municipal Code) is a predatoty lender witiiin the meanmg of Chapter 2-32 of tbe Municipal Code, explain here (attach additional pages if neccssaty):

fi/h ;

Ifthe letten "NA," the word "None," or no response appeara on tho Unes above, it will be conclusively presumed that the Disclosing Party certified to tiie above statements.


Any words or terms that are defined in Chapter 2-156 of tho Municipal Code have the same

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meanings when used in this Part D.

1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of tho City have a financial interest in his or her own name or in the name of any otiicr penon or entity in the Matter?

IJVcs (jJNo

NOTE: If you checked "Yes" to Item D.I.. proceed to Items D.2. and D.3. If you checked "No" to Item D.l., proceed to Part E.

2. Unless sold pureuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (U) is sold for toxes or assessments, or (iii) is sold by virtue of legal process at tiie suit of tiie City (collectively, "City Property Sole"), Compensation for property taken pursuant to tiie Cit/s eminent domain power does not constitute a financial interest within the meaning of this Part D.

Does the Matter involve a City Propeity Sale?

I ) Yes [ ] No

3. If you checked "Yes" to Item D.l., provide the names and business addresses of tbe City officials or employees having sucb interest and identify the nature of such interest:




Please check either I. or 2. below. If tiie Disclosing Party checks 2., tbe Disclosing Party must disclose below or in an attachment to this EDS all mformotion required by porogreph 2. Foihne to comply with these disclosure requirements may make any contract catered into witii tho City in connection witii the Matter voidable by the City.

j ^ I . Tbe Disclosing Party verifies that the Disclosing Party bos seorehod any and oil records of the Disclosmg Potty and any and all predecessor entities regarding records of investments or profits fiom slavcty or slaveholder insurance policies during the slavcty era (includmg insurance policies issued to slaveholders that provided coverage fbr damage to or injury or death of tiieir slaves), and the Disclosing Party has found no such records.

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1. The Disclosing Party verifies that the Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during tbe slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.


SECTION VI ~ CERTIFICATIONS FOR F E D E R A L L Y FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VT. Ifthe Matter is not federally funded, proceed to Section VII. For purposes ofthis Section VI, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.



(If no explanation appears or begins on the lines above, or if the letters "NA" or ifthe word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in Paragraph A. 1. above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.

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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 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 organization described in section 501 (c)(4) of the Intemal Revenue Code of 1986; or (ii) it is an organization described in section SO 1(c)(4) of the Intemal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A.l. through A.4. above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.



Is tbe Disclosing Party the Applicant?

[JYes [JNo



[ ] Yes [ ] No


[ ] Yes [ ] No


[ ] Yes [ ] No


Page 10 of 13

contract or other agreement between the AppUcant and the City in cormection with the Matter, whether procurement. City assistance, or other City action, and are material inducements to tbo City's executi'on of any contiract or taking otiier action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordmances, and reguUtions on which this EDS is based.

B. The City's Govemmental 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, or transactions. Tbe full text of these ordinances and a training program is available on lino at www.cityofcbtcago.org/Etfatcs. and may also be obtahted fiom tbe City's Board of Ethics, 740 N.

Sedgwick St, Suite 500, Chicago, IL 60610, (312) 744-9660. Tbe Disclosing Party must comply fully with the appUcable ordinances.

C. If the City determines tiiot any information provided in this EDS is fiilse, incomplete or inaccurate, any contract or other agreement in connecti'on with which it is submitted may be rescinded or be void or voidable, and the City may punuc any remedies under the contind or agreement (if not rescinded or void), at law, or in equity, including terminating tiie Disclosing Party's participation m tiie Matter and/or declining to aUow tiie Disclosing Party to participate in other transactions with the City. Remedies at law for a false statement of material fact may include incarceration and an award to tbe City of treble damages.

D. It is tbe City's policy to make this document available to the public on its Intemet site and/or upon request. Some or all of tiie mformation provided on this EDS and any attachments to tbis EDS may be nude available to the public on tiie Internet, in response to a Freedom of Information Act request, or otiierwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against tbo City in connection with tbe public release of information contained in tbis EDS and also authorizes the City to verify the accuracy of any information submitted in thu EDS.

B. The mformation provided in tbis EDS must be kept current. In tbo event of changes, the Disolosing Party must supplement this EDS up to the time the City takes action on the Matter. Ifthe Matteris a contract being handled by tixe City's Departinent of Procurement Services, tho Disclosing Party must update tiiis EDS as tbe contract requires. NOTE: With respect to Matters subject to Article I of Chapter 1-23 of tiie Municipal Code (imposing PERMANENT INELIGIBILITY for certain specified offenses), the information provided herein regarding eUgibiUty must be kept current for a longer period, OS required by Chapter 1-23 and Section 2-154-020 of the Municipal Code.

Tbe Discloshig Party represents and warrants that:

F. 1. The Disclosmg Party is not delinquent in die payment of any tax admiiustercd by tho DUnois Department of Revenue, nor ore tiie Disclosing Party or its AffiUated Entities delinquent in paying any fine, fee, tax or otber charge owed to tbe City. Tbis includes, but is not Umited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 Ifthe Disclosing Party is tiio Applicant, the Disclosing Party and its AffiUated Entities wiU not

Page II of 13

F. l . The Disclosing Party is not delinquent in tbe payment of any tax administered by the IlUnois Department of Revenue, nor arc the Disclosing Party or its Affiliated Entities dclmquent in paying any fine, fee, tax or other charge owed to tiie City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes.

F.2 Ifthe Disclosing Party is the Applicant, the Disclosing Party and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed by the U.S. E.P.A. on the federal Excluded Parties List System ("EPLS") maintained by the U. S. General Services Administration.

F.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractors hired or to be hired in connection witii the Matter certifications equal in form and substance to those in F. I. and F.2. above and will not, without the prior written consent ofthe City, use any such contractor/subcontractor that does not provide such certifications or that tiie Disclosing Party has reason to believe has not provided or cannot provide truthful certifications.

NOTE; Ifthe Disclosing Party cannot certify as to any of tiic items in F. l . , F.2. or F.3. above, an explanatory statement roust be attached to this EDS.

CERTIFICATION

Under penalty of perjury, the person signing below: (I) warrants that he/she is authorized to execute tiiis EDS and Appendix A (if applicable) on behalf of tiie Disclosing Party, and (2) warrants tiiat all certifications and statements contained in this EDS and Appendix A (if applicable) are true, accurate and complete as of the date fumished to the City.

(Printj)r type name of Disclosing Party)

By:.

(Print or type titie of person signing)

Signedand sworn to before me onjdate) 10/3/1 Oot)/C County, TZ l— at ^UVK

Commission expires:.

(state).'

Notary Public.

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OTV OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFnOAVIT

APPKNDDC A

FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFIOLALS AND DEPARTMENT HEADS

Thli Appcndiz ii to be completed onty by (o) tin Applicant, and (b) any legal entity wbkb boi a dfa«ct owBcrsb^ hitcmt bi tbe i ipttcaat escccdtag 7.5 pcrccot It b aot to be comptetnl bf any legal entity which has only an ladirect emiership latercst In the AppScaat

Under Mwticipal Code Section 2-154-015, tiie Disclosing Party most dlsckne wfaetber such Disclosing Party or any "AppUcable Party" or any Spouse or Domestic Partner tiiereof cuncstiy has a "fomflial rdntinnsMp" witii any elected dty offidal or departaiem bead. A 'iamllial idatknuUp" exists If. as of tbo date tiiii EDS b sigoed, tiie Disclotnig Party or any "AppUeable Patty" or oity Spouse or Domottic Patmcr tiiereof is i d ^ to tiie mayor, any oUerawn, tiie dty cloric, tin city treoiavr or any dty dt Notmeot bead as spouse or domestic partner or u any of the following, wbodicr by btood or adqiition: parent, cbild, biotiier or lister, aoDt or uncle; nieoe or ncpbew, grBat nrcot; granddiUd, bOtcr-ioAtw, motiier-in-lsw, son-in-law, dau ter-in-law, stepbOia or stqmotfaer, stepson or stqidaugbtcr, stepbrother or stepiister cr bdfbrotiier or half-sister.

"Apphcable Party" means (1) all executive officcn of tiie Disclosing Party listed hi Section n.B.I.a., if tbe Disdosiiig Party ii a corporation; all pattnera of tbe Diaclosmg Patty, if ttie Discloshig Patty ii a gcoctol pattoetsbip; all general partnen and hmited poitnen of tiie Disdosing Patty, if tilic Disclosing Patty is a limited pattnerifaip; oU manogen, mimaglhginembera andmembas of tiie Disdonng Party, if tiie Disdosing Party ia a limited liabUity coiopaity; (2) all pibidpd officers of tiie Disdosing Party; and (3) any person having more tiian a 7.5 percent owneidiip interest in tbe Disdosing Party, "Principd officcts" means tbo president, chief opctatmg officer, executive director, chief finandal officer, treasurer or seoctaiy of a l^al entity or any penon oxeicisiiig sitnilaraatfaoiity.

Does tbe Disdoiing Patty or any "AppUcable Forty" or any Spouso or Domestic Partaer thereof currentiy bavo a "&miUd relationship" witii an dected dty oCBdd or depistmeat bead?

[JYes kJNo

If yes, please Identify below (I) tiie name and titie of sucb poison, (2) tbe name of tbe legal entity to wfaicb such penon Is coonectDd; (3) the name and title of the docted city official or dqiaitnKiit bead to whom such ponoo has a ftmilial retationsfcip, and (4) tiie prodso nature of such fiunlUal rebitionsliip.

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COMMUNITY INITIATIVES, INC. BOARD OF DIRECTORS & OFFICERS

FY 2013

C n OFFICERS - FY 2013

President John Markowski

Vice President Michael Blelawa

Vice President Angela Maurello

Treasurer Thomas Hinterberger

Secretary Monica Kirby

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