ORDINANCE
BE IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF CHICA GO:
SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the Cl-l Neighborhood Commercial District symbols and indications as shown on Map. No. 1-G in the area bounded by:
West Fulton Street, a line 94.51 feet east of and parallel to North Carpenter Street; a line 100.58 feet south of and parallel to West Fulton Street and a line 63.18 feet east of and parallel to North Carpenter Street;
to those of a DX-3 Downtown Mixed-Use District.
SECTION2. This ordinance shall be in force and effect from and after its passage and due publication.
Address of Property: 1015 West Fulton Street
7 138 I 304vi
Type 1 Zoning Amendment Jeffrey Breslow 1015 West Fulton Street Narrative and Plans
The Applicant, Jeffrey D. Breslow Trust, is seeking to rezone the property located at 1015 West Fulton Street ("Subject Property") in order to improve its existing 3-story mixed-use building located within the Subject Property. The Subject Property is located within the C1-1 Neighborhood Commercial District and the Downtown Area. In order to move forward with its proposed improvements, the Applicant is seeking a Type 1 zoning amendment from the Subject Property's existing C1-1 Neighborhood Commercial District to a DX-3 Downtown Mixed-Use District.
The Subject Property consists of 3,133 sq. ft., and is improved with an existing 3-story mixed-use building. The existing 3-story mixed-use building contains a) a commercial art gallery (1,168 sq. ft.) and one (1) dwelling unit within the second and third floors for a total of 3,768 sq. ft. ("Existing Building").
The Applicant seeks to improve the Existing Building by constructing a) second (2nd) floor rear deck enclosure, located above garage; b) third (3rd) floor outdoor deck with glass retaining walls and c) small third (3rd) floor enclosure (containing a new staircase, which will provide access from the second floor to the third floor of Existing Building).
Lot area: 3,133 sq. ft.
Floor Area Ratio: 1.4 (proposed)
Existing commercial square footage: 1,168 s.f.
Minimum Lot Area: 1 (existing) MLA per dwelling unit: 3,133 sq. ft.
Parking: 2 (existing)
Property setbacks:
2,24' (existing front yard)
24.74' (proposed rear yard)
2.82' (existing west side yard)
2.11' (existing east side yard)
Height: 42'
Upon securing approval of its Zoning Amendment, Applicant's Existing Building will consist of a total of 4,404 square feet.
31 33'
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X^TKo OATE
Nov/ n, 2.o?CITY OF CHICAGO
APPLICATION FOR AN AMENDMENT TO THE CHICAGO ZONING ORDINANCE
ADDRESS of the property Applicant is seeking to rezonc: 1015 West Fulton Street
Ward Number that property is located in: 27
APPLICANT Jeffrey D. Breslow Trust dated June 15, 1989
ADDRESS 1015 W. Fulton Street CITY Chicago
STATE IL ZIP CODE 60607 PHONE
EMAIL ... . CONTACT PERSON Jeffrey Breslow
Is the applicant the owner of the property? YES x NO
If the applicant is not the owner of the property, please provide the following information regarding the owner and attach written authorization from the owner allowing the application to proceed.
OWNER Same as above
ADDRESS CITY
STATE ZIP CODE PHONE
EMAIL CONTACT PERSON
If the Applicant/Owner of the property has obtained a lawyer as their representative for the rezoning, please provide the following information:
ATTORNEY Graham C. Grady c/o Taft, Stettinius & Hollister LLP
ADDRESS 111 East Wacker Drive Suite 2800
CITY Chicago STATE IL ZIP CODE 60601
PHONE 312-836-4036 FAX 312-966-8541 EMAIL ggrady@taftlaw.com
Page 1
If the applicant is a legal entity (Corporation, LLC, Partnership, etc.) please provide the names
of all owners as disclosed on the Economic Disclosure Statements.
Jeffrey D. Breslow
On what date did the owner acquire legal title to the subject property? November 17, 2020
Has the present owner previously rezoned this property? If yes, when?
No.
C1-1 Neighborhood DX-3 Downtown
Present Zoning District Commercial District Proposed Zoning District Mixed-Use District
Lot size in square feet (or dimensions) 31.33'x 100' = 3,133 sq. ft.
The subject property is currently improved with a 3-story mixed-use building which contain:
Current Use of the property a) Applicant's art gallery on the 1st floor and b) Applicant's 1 dwelling unit residence withii
second and third floors.
Reason for rezoning the property The reason for the proposed zoning amendment is to allow the increase in bulk and density of the existing 3-story mixed-use building in order to allow new additions to the upper floors of the existing 3-story mixed-use building. The existing art gallery (1,168 sq. ft.) located on the first floor and 1 dwelling unit within the secc and third floors shall remain.
Describe the proposed use of the property after the rezoning. Indicate the number of dwelling units; number of parking spaces; approximate square footage of any commercial space; and height of the proposed building. (BE SPECIFIC)
The existing building's first floor art gallery (1,168 sq. ft.) and one(1) dwelling unit located within the upper floors shall remair
Upon securing the zoning amendment, the Applicant will construct the proposed additions which include a) new second flooi enclosure (above garage) to existing 3-story mixed-use building; b) new 3rd floor outdoor deck with glass retaining walls am
deck; c) small 3rd floor enclosure containing a new staircase built to provide access from 2nd floor to 3rd floor of existing building. The proposed height of the building, including proposed additions, is 42 feet. The two (2) existing parking spaces
shall remain. .
14. The Affordable Requrements Ordinance (ARO) requires on-site affordable housing units and/or
a financial contribution for residential housing projects with ten or more units that receive a zoning change which, among other triggers, increases the allowable floor area, or, for existing Planned Developments, increases the number of units (see attached fact sheet or visit www.cityofchicago.org/ARO for more information). Is this project subject to the ARO?
YES " NO x
Page 2
COUNTY OF COOK STATE OF ILLINOIS
Jeffrey D. Breslow, on behalf of Jeffrey D. Breslow Trust dated June 15, 1989
, being first duly sworn on oath, states that all of the above
Signature df Applicant »
statements and the statements contained in the documents submitted herewitftve tru£ and correct.
Subscribed and Sworn to before me this
day of SppfewkL 20
Notary Public/
"OFFICIAL SEAL" < GRAHAM C. GRADY \ NOTARY PUBLIC, STATE OF ILLINOIS > COMMISSION EXPIRES 10/8/2023
For Office Use Only
Page 3
TOPOGRAPHICAL SURVEY BOUNDARY SURVEY ALTA SURVEY CONDOMINIUM SURVEY PLAT OF SURVEY MORTGAGE INSPECTION
HYLTON E. DONALDSON
PROFESSIONAL LAND SURVEYOR
10B4G SOUTH HALSTED STREET. CHICAGO. LL 60620 TEL (773) 253-6539 OFFICE CEIL (?O0) R97-77G6 WAYLSURVEY©YAHOO COM
PLAT OF SURVEY
THAT PART OF LOT 4 IN BLOCK 23 IN CARPENTER'S ADDITION TO CHICAGO. IN THE SOUTHEAST QUARTER OF SECTION 0. TOWNSHIP 30 NORTH. RANGE 14. EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF LOT 5 IN BLOCK 23 IN CARPENTER'S ADDITION TO CHICAGO. AFORESAID. 63 18 FEET TO THE POINT OF BEGINNING THENCE NORTH OO*O0'0O ' EAST. ALONG THE NORTH LINE OF LOT 4. AFORESAID 31 33 FEET. THENCE SOUTH OO'OO'OO" EAST 100 57 FEET TO THE SOUTH UNE OF LOT 4. AFORESAID. 31.33 FEET. THENCE NORTH 00*00'00" WEST I0O 50 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILIJNOIS
LAND TOTAL AREA 3151 SQ FEET = 0 072 ACRE
COMMONLY KNOWN AS 1015 WEST FUT.TON STREET. CHICAGO. ILLINOIS
LEGEND:
M = MEASURED DISTANCE R=RECORDED DISTANCE (DEED)
~ PROPERTY LINE " CHAIN LINK FENCE ' WOOD FENCE " [RON FENCE " PLASTIC FENCE
UPDATED. NOVEMBER 0, 2021
RA
ORDER NO 2021-34G9 SCALE. 1 INCH ^ 10 FEET DATElj NOVEMBER Q. "2021 ' ORDERED =_BYj:-GRAHAM GRADY
NOTES
NO TITLE INSURANCE POLICY PROVIDED FOR SURVEYOR.
-THE LEGAL DESCRIPTION SHOWN ON TIfjE PLAT HEREON DRAWN IS A COPY OF THE ORDER. AND* FOR ACCURACY IT SHOULD BE COMPARED WITH THE TITLE OR DEED
DIMENSIONS ARE NOT TO BE ASSUMED FROM SCALING
-FOR BUILDING LINES. EASEMENTS AND OTHER RESTRICTIONS NOT SHOWN HEREON. REFER TO YOUR DEED. TITLE POLICY AND LOCAL ZONING ORDINANCE. ETC
THIS PROFESSIONAL SERVICE CONFORMS ' TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY
I, HYLTON E DONALDSON. DO HEREBY CERTIFY THAT I HAVE SURVEYED THE ATJOVE DESCRIBED PROPERTY AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION OF SAID SUR\EY.
HYLTON E DONALDSON PROFESSIONAL LAND SURVEYOR NO 035-002619. STATE OF ILLINOIS.
MY UCENSE EXPIRES NOVEMBER 30. 2022.
"WRITTEN NO TICE" FORM OF AFFIDAVIT (Section 17-13-0107)
November 9, 2021 Honorable Thomas M. Tunney
Chairman, Committee on Zoning, Landmarks and Building Standards
City of Chicago
121 North LaSalle Street
Room 304, City Hall
Chicago, Illinois 60602
The undersigned, Graham C. Grady, being First duly sworn on oath deposes and states the following:
The undersigned certifies that he has complied with the requirements of Section 17-13-0107 of the Chicago Zoning Ordinance, by sending written notice to such property owners who appear to be the owners of the property within the subject area not solely owned by the applicants, and to the owners of all property within 250 feet in each direction of the lot line of the subject property located at 1015 West Fulton Street, exclusive of public roads, streets, alleys and other public ways, or a total distance limited to 400 feet. Said "written notice" was sent by First Class U.S. Mail, no more than 30 days before filing the application.
The undersigned certifies that the notice contained the addresses of the property sought to be rezoned; a statement of the intended uses of the property; the name and address of the applicants; the name and addresses of the owners; and a statement that the applicants intend to file the application for a change in zoning on approximately November 17, 2021.
The undersigned certifies that the applicants have made a bona fide effort to determine the addresses of the parties to be notified under Section 17-13-0107 of the Chicago Zoning Ordinance, and that the accompanying list of names and addresses of surrounding property owners within 250 feet of the subject site is a complete list containing the names and addresses of the people required to be served.
Subscribed and Sworn to before me this
71 l,SN052vl(>
! 1.! E^sr WtKi.-ei . juk- 2S00 Ch.cayo, IL BOfiC!
!'t!l .312 527 -lOOC : i';i.< 5 ' 2 527 -10! Cuftisw com
Graham Grady
312.836.4036 ggrady@taftlaw.com
November 8, 2021
VIA USPS FIRST CLASS MAIL
Dear Properly Owner:
In accordance with the requirements for an Amendment to the Chicago Zoning Ordinance, specifically Section 17-13-0107, please be informed that on or about November 17, 2021, the undersigned will file an application fora change in zoning from CI -1 Neighborhood Commercial District to a DX-3 Downtown Mixed-Use District on behalf of.Jeffrey D. BreslowTrust ("Applicant") for the property located at 1015 West Fulton Street in Chicago, Illinois ("Subject Property").
The Applicant seeks to improve the existing mixeduse building, which contains a) art gallery (1,168 sq. ft) and b) one (1) dwelling unit within the second and third floors ("Existing Building"). The proposed improvements include the construction of a) second (2nd) floor rear deck enclosure, located above garage; b) third (3rd) floor outdoor deck with glass rctainingwalls and c) small third (3rd) floor enclosure (containing a new staircase, which will provide access from the second floor to the third floor of Existing Building). The height of the building, including the proposed additions, is 42 feet. The two (2) existing parking spaces shall remain.
The mailingaddress forthe Jeffrey D. Breslow Trust is 1015 West Fulton Street Chicago, IL 60607.
Please note that the Applicant is not seeking to rezone or purchase your property. The Applicant is required by law to send this notice because you own property within 250 feet of the property properties to be rezoned.
Any questions regarding this notice may be directed to the undersigned, Applicant's attorney, at Taft, Stettinius & Hollistcr, 111 East Wacker Drive, Suite 2800, Chicago, IL 60601, fearadv@taftlaw.coin (312)836-4036.
Very truly yours,
Taft Sietunitjs & Hoiitster LLP
Chicago / Cincinnati / Cleveland / Columbus / Dayton / Delaware / Denver / Indianapolis / Minneapolis / Northern Kentucky / Washington. DC
October 14, 2021
Chairman, Committee on Zoning Department of Planning & Development City Hall
121 North LaSalle Street Chicago, Illinois 60602
To Whom It May Concern:
I, Jeffrey D. Breslow, Trustee of the Jeffrey D. Breslow Trust, understands that Graham C. Grady of Taft, Stettinius and Hollister LLP has filed a sworn affidavit identifying the Jeffrey D. Breslow Trust as the Applicant who is seeking an amendment of the zoning for the property located at 1015 West Fulton Market to be changed from the existing Cl-1 Neighborhood Commercial District to a DX-3 Downtown Mixed-Use District.
I authorize Graham C. Grady and the law firm of Taft, Stettinius & Hollister LLP to file the Zoning Amendment application.
I, Jeffrey D. Breslow, Trustee of the Jeffrey D. Breslow Trust, being first duly sworn on oath, d^posefland say that Jeffrey D. Breslow Trust holds ownership interest in
15 West Fulton Market on behalf of itself and no other person,
Jeffrey^D. Breslow Trustee
Jeffrey D. Breslow Trust
SUBSCRIBED AND SWORN to before me this /Y'dayof^flfel
"OFFICIAL SEAL-SYLVIA C MICH AS NOTARY PUBUC, STATE OF ILLINOIS MY COMMISSION EXPIRES 9/26/2023
71008478v2
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I GENERAL INFORMATION
Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable:
Jeffrey D. Breslow Trust dated June 15, 1989
Check ONE of the following three boxes:
Indicate whether the Disclosing Party submitting this EDS is:
[x] the Applicant
OR
[ ] a legal entity currently holding, or anticipated to hold within six months after City action on
the contract, transaction or other undertaking to which this EDS pertains (referred to below as the
"Matter"), a direct or indirect interest in excess of 7.5% in the Applicant. State the Applicant's legal
name:
OR
[ ] a legal entity with a direct or indirect right of control of the Applicant (see Section 1I(LV)(1)) State the legal name of the entity in which the Disclosing Party holds a right of control:
Business address of the Disclosing Party: 1015FultonMarket
Chicago, IL 60607
Telephone: Fax: Email:
Name of contact person: Jeffrey Breslow
Federal Employer Identification No. (if you have one):
Brief description of the Matter to which this EDS pertains. (Include project number and location of property, if applicable):
Type 1 Zoning Amendment application for the property located at 1015 Fulton Market
Which City agency or department is requesting this EDS? Department of Planning & Development
If the Matter is a contract being handled by the City's Department of Procurement Services, please complete the following:
Specification # and Contract #
Ver.20l8-1 Page 1 of IS
SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS
A. NATURE OF THE DISCLOSING PARTY
1. Indicate the nature of the Disclosing Party:
f ] 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 [ J Yes [ ] No
fx) Trust [ ] Other (please specify)
2. For legal entities, the state (or foreign country) of incorporation or organization, if appl icable:
N/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 entity?
[ ] Yes [x] No [ ] Organized in Illinois
B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:
1. List below the full names and titles, if applicable, of: (i) all executive officers and all directors of the entity; (ii) for not-for-profit corporations, all members, if any, which are legal entities (if there are no such members, write "no members which are legal entities"); (iii) for trusts, estates or other similar entities, the trustee, executor, administrator, or similarly situated party; (iv) for general or limited partnerships, limited liability companies, limited liability partnerships or joint ventures, each general partner, managing member, manager or any other person or legal entity that directly or indirectly controls the day-to-day management of the Applicant.
NOTE: Each legal entity listed below must submit an EDS on its own behalf.
Name Title Jeffrey Breslow Trustee
2. Please provide the following information concerning each person or legal entity having a direct or indirect, current or prospective (i.e. within 6 months after City action) beneficial interest (including ownership) in excess of 7.5% of the Applicant. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture, interest of a member or manager in a
Page 2 of15
limited liability company, or interest of a beneficiary of a taist, estate or other similar entity. If none, state "None."
NOTE: Each legal entity listed below may be required to submit an EDS on its own behalf
Name Business Address Percentage Interest in the Applicant
Jeffrey D. Breslow 1015 West Fulton Market 100%
Chicago, IL 60607
SECTION III -- INCOME OR COMPENSATION TO, OR OWNERSHIP BY, CITY ELECTED OFFICIALS
Has the Disclosing Party provided any income or compensation to any City elected official during the
12-month period preceding the date of this EDS? [ ] Yes [V^No
Does the Disclosing Party reasonably expect to provide any income or compensation to any City
elected official during the 12-month period following the date of this EDS? [ ] Yes fx] No
If "yes" to either of the above, please identify below the name(s) of such City elected officials) and describe such income or compensation:
Does any City elected official pr, to the best of the Disclosing Party 's kno wledge after reasonable
inquiry, any City elected official's,spouse or domestic.partner, have a financial: interest (as defined in
Chapter 2-156 of the Municipal Code of Chicago ("MCC")) in the Disclosing Party?
[ ] Yes fx] No
If "yes," please identify below the name(s) of such City elected official(s) and/or spouse(s)/domestic partner(s) and describe the financial interest(s).
SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES
The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist (as defined in MCC Chapter 2-156), accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Disclosing Party is not required to disclose employees who are paid solely through the Disclosing Party's regular payroll If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party must either ask the City whether disclosure is required or make the disclosure.
Page 3 of 15
Name (indicate whether Business Relationship to Disclosing Party Fees (indicate whether
retained or anticipated Address (subcontractor, attorney. paid or estimated.) NOTE:
to be retained) lobbyist, etc ) "hourly rate" or "t.b.d." is
not an acceptable response.
Taft Stettinius & Hollister LLP 111 East Wacker Drive #2800 Attorney * | o v liC C. I rv^ J
Chicago, IL 60607 '
(Add sheets if necessary)
[ ] Check here if the Disclosing Party has not retained, nor expects to retain, any such persons or entities. SECTION V » CERTIFICATIONS
COURT-ORDERED CHILD SUPPORT COMPLIANCE
Under MCC Section 2-92-415, substantial owners of business entities that contract with the City must remain in compliance with their child support obligations throughout the contract's term.
Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage on any child support obligations by any Illinois court of competent jurisdiction?
[ J Yes [^No [«J No person directly or indirectly owns 10% or more of the Disclosing Party.
If "Yes," has the person entered into a court-approved agreement for payment of all support owed and is the person in compliance with that agreement?
[ ] Yes [ ] No
FURTHER CERTIFICATIONS
[This paragraph 1 applies only if the Matter is a contract being handled by the City's Department of Procurement Services.] In the 5-year period preceding the date of this EDS, neither the Disclosing Party nor any Affiliated Entity [see definition in (5) below] has engaged, in connection with the performance of any public contract, the services of an integrity monitor, independent private sector inspector general, or integrity compliance consultant (i.e., an individual or entity with legal, auditing, investigative, or other similar skills, designated by a public agency to help the agency monitor the activity of specified agency vendors as well as help the vendors reform their business practices so they can be considered for agency contracts in the future, or continue with a contract in progress).
The Disclosing Party and its Affiliated Entities are not delinquent in the payment of any fine, fee, tax or other source of indebtedness owed to the City of Chicago, including, but not limited to, water and sewer charges, license fees, parking tickets, property taxes and sales taxes, nor is the Disclosing . Party delinquent in the payment of any tax administered by the Illinois Department of Revenue.
The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entities identified in Section 11(B)(1) of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government,
have not, during the 5 years before the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement, theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property;
are not presently indicted for, or criminally or civilly charged by, a governmental entity (federal, state or local) with committing any of the offenses set forth in subparagraph (b) above;
have not, during the 5 years before the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and
have not, during the 5 years before the date of this EDS, been convicted, adjudged guilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerning environmental violations, instituted by the City or by the federal government, any state, or any other unit of local government.
The Disclosing Party understands and shall comply with the applicable requirements of MCC Chapters 2-56 (Inspector General) and 2-156 (Governmental Ethics).
Certifications (5), (6) and (7) concern:
the Disclosing Party;
any "Contractor" (meaning any contractor or subcontractor used by the Disclosing Party in connection with the Matter, including but not limited to all persons or legal entities disclosed under Section IV, "Disclosure Of Subcontractors and Other Retained Parties'*);
any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, under common control of another person or entity). Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members, shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government, including the City, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Contractors, the term Affiliated Entity means a person or entity that directly or indirectly controls the Contractor, is controlled by it, or, with the Contractor, is under common control of another person or entity;
» any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
Page 5 of15
Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of either the Disclosing Party or any Contractor, nor any Agents have, during the 5 years before the date of this EDS, or, with respect to a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the 5 years before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with the Matter:
bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the City, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officer's or employee's official capacity;
agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or
made an admission of such conduct described in subparagraph (a) or (b) above that is a matter of record, but have not been prosecuted for such conduct; or
violated the provisions referenced in MCC Subsection 2-92-320(a)(4XContracts Requiring a Base Wage); (a)(5)(Debarment Regulations), or (a)(6)(Minimum Wage Ordinance).
Neither the Disclosing Party, nor any Affiliated Entity or Contractor, or any of their employees, officials, agents or partners, is barred from contracting with any unit of stale or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating.
Neither the Disclosing Party nor any Affiliated Entity is listed on a Sanctions List maintained by the United States Department of Commerce, State, or Treasury, or any successor federal agency.
[FOR APPLICANT ONLY] (i) Neither the Applicant nor any "controlling person" [see MCC Chapter 1-23, Article I for applicability and defined terms] of the Applicant is currently indicted or charged with, or has admitted guilt of, or has ever been convicted of, or placed under supervision for, any criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against an officer or employee of the City or any "sister agency"; and (ii) the Applicant understands and acknowledges that compliance with Article I is a continuing requirement for doing business with the City. NOTE: If MCC Chapter 1-23, Article I applies to the Applicant, that Article's permanent compliance timeframe supersedes 5-year compliance timeframes in this Section V.
[FOR APPLICANT ONLY] The Applicant and its Affiliated Entities will not use, nor permit their subcontractors to use, any facility listed as having an active exclusion by the U.S. EPA on the federal System for Award Management ("SAM").
[FOR APPLICANT ONLY] The Applicant will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in Certifications (2) and (9) above and will not, without the prior written consent of the City, use any such
Ver.2018-1 Page 6 of 15
contractor/subcontractor that does not provide such certifications or that the Applicant has reason to believe has not provided or cannot provide truthful certifications.
1 1. 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:
NA I : :
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
12. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all current employees of the Disclosing Party who were, at any time during the 12-month period preceding the date of this EDS, an employee, or elected or appointed official, of the City of Chicago (if none, indicate with "N/A" or "none").
AAr/C :
13. To the best of the Disclosing Party's knowledge after reasonable inquiry, the following is a complete list of all gifts that the Disclosing Party has. giy,en 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 hayirig a retaifyalue of less than, $25 per recipient, or (h i) a politicaTcoritr'ibutioh pther>\ase duly reported'as required .by lavy (if none, indicate'with "N/A" of "none"). As to any gift listed below, please also list thename of the City recipient.
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
I ] is [xj is not
a "financial institution" as defined in MCC Section 2-32-455(b).
If the Disclosing Party I S a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predator)' lender as defined in MCC Chapter 2-32. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in MCC Chapter 2-32 We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the City."
Paue7 of 15
If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in MCC Section 2-32-455(b)) is a predatory lender within the meaning of MCC Chapter 2-32, explain here (attach additional pages if necessary).
If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusively presumed that the Disclosing Party certified to the above statements.
D. CERTIFICATION REGARDING FINANCIAL INTEREST IN CITY BUSINESS
Any words or terms defined in MCC Chapter 2-156 have the same meanings if used in this Part D.
In accordance with MCC Section 2-156-110: To the best of the Disclosing Party's knowledge after reasonable inquiry, does any official or employee of the City have a financial interest in his or her own name or in the name of any other person or entity in the Matter?
[ ] Yes D^No
NOTE: If you checked "Yes" to Item.D(l), proceed to Items D(2) and D(3). If you checked "No" to Item D(l), skip Items D(2) and D(3) and proceed to Part E.
Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected official or employee shall have a financial interest in his or her own name or in the name of any other person or entity in the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation for property taken pursuant to the City's eminent domain power does not constitute a financial interest within the meaning of this Part D.
Does the Matter involve a City Property Sale?
[ ] Yes [ ] No
If you checked "Yes" to Item D(l), provide the names and business addresses of the City officials or employees having such financial interest and identify the nature of the financial interest.
Name Business Address Nature of Financial Interest
4 The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquired by any City official or employee.
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E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS
Please check 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 (2). Failure to comply with these disclosure requirements may make any contract entered into with the City in connection with the Matter voidable by the City.
x I. The Disclosing Party verifies that the Disclosing Party has searched any and all records of
the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury or death of their slaves), and the Disclosing Party has found no such records.
2. The Disclosing Party verifies that, as a result of conducting the search in step (1) above, the
Disclosing Party has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI -- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VL, tax credits allocated by the City and proceeds of debt obligations of the City are not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of 1995, as amended, who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Add sheets if necessary):
(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, it will be conclusively presumed that the Disclosing Party means that NO persons or entities registered under the Lobbying Disclosure Act of 1995, as amended, have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter.)
2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay any person or entity listed in paragraph A(l) above for his or her lobbying activities or to pay any person or entity to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee Ver.2018-1 Pagc9of.l5
of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement.
The Disclosing Party will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and infonnation set forth in paragraphs A(l) and A(2) above.
The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities," as that term is defined in the Lobbying Disclosure Act of 1995, as amended.
If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form and substance to paragraphs A(l) through A(4) above from all subcontractors before it awards any subcontract and the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matter and must make such certifications promptly available to the City upon request.
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY
If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations.
Is the Disclosing Party the Applicant?
[ ] Yes [ ] No
If "Yes," answer the three questions below:
Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.)
[ ] Yes [ ] No
Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements?
[ ] Yes [ ] No [ ] Reports not required
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[ ] Yes [ ] No
If you checked "No" to question (1) or (2) above, please provide an explanation:
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SECTION VII FURTHER ACKNOWLEDGMENTS AND CERTIFICATION
The Disclosing Party understands and agrees that:
The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the City in connection with the Matter, whether procurement, City assistance, or other City action, and are material inducements to the City's execution of any contract or taking other action with respect to the Matter. The Disclosing Party understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based.
The City's Governmental Ethics Ordinance, MCC Chapter 2-156, imposes certain duties and obligations on persons or entities seeking City contracts, work, business, or transactions. The full text of this ordinance and a training program is available on line at www.cityofchicago.org/Ethics , and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite 500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with this ordinance.
If the City determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the City may pursue any remedies under the contract or agreement (if not rescinded or void), at law, or in equity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the Disclosing Party to participate in other City transactions. Remedies at law for a false statement of material fact may include incarceration and an award to the City of treble damages.
It is the City's policy to make this document available to the public on its Internet site and/or upon request. Some or all of the information provided in, and appended to, this EDS may be made publicly available on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have against the City in connection with the public release of information contained in this EDS and also authorizes the City to verify the accuracy of any information submitted in this EDS.
The information provided in this EDS must be kept current. In the event of changes, the Disclosing Party must supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract being handled by the City's Department of Procurement Services, the Disclosing Party must update this EDS as the contract requires. NOTE: With respect to Matters subject to MCC Chapter 1-23, Article I (imposing PERMANENT INELIGIBH.ITY for certain specified offenses), the information provided herein regarding eligibility must be kept current for a longer period, as required by MCC Chapter 1 -23 and Section 2-154-020.
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CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS, and all applicable Appendices, on behalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS, and all applicable Appendices, arc true, accurate and complete as of the date furnished to the City.
(Sign hen Jeffrey D. Breslow
(Print or type name of person signing) Trustee
(Print or type title of person signing)
Signed and sworn to before me on (date) _
at _ County, (state).
yWotary Public
r (O/Commission expires: 1 v / '
¦OFFICIAL SEAL' GRAHAM C. GRADY NOTARY PUBUC. STATE OF ILLINOIS MY COMMISSION EXPIRESW^
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CITY OF CHICAGO F2CONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 13%. It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Under MCC Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof currently has a "familial relationship" with any elected city official or department head. A "familial relationship" exists if, as of the date this EDS is signed, the Disclosing Party or any "Applicable Party" or any Spouse or Domestic Partner thereof is related to the mayor, any alderman, the city clerk, the city treasurer or any city department head as spouse or domestic partner or as any of the following, whether by blood or adoption: parent, child, brother or sister, aunt or uncle, niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather or stepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.
"Applicable Party" means (1) all executive officers of the Disclosing Party listed in Section II. B 1 a , if the Disclosing Party is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members and members of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of the Disclosing Party; and (3) any person having more than a 7.5% ownership interest in the Disclosing 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?
[ 1 Yes [x] No
If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which such person is connected; (3) the name and title of the elected city official or department head to whom such person has a familial relationship, and (4) the precise nature of such familial relationship.
Pago 13 ol" 15
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX B
BUILDING CODE SCOFFLAVV/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5% (an "Owner"). It is not to be completed by any legal entity which has only an indirect ownership interest in the Applicant.
Pursuant to MCC Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416?
[ ] Yes f>fNo
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to MCC Section 2-92-416^
f ] Yes [ J No [ ] The Applicant is not publicly traded on any exchange.
If yes to (1) or (2) above, please identify below the name of each person or legal entity identified as a building code scofflaw or problem landlord and the address of each building or buildings to which the pertinent code violations apply.
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CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
APPENDIX C
PROHIBITION ON WAGE & SALARY HISTORY SCREENING - CERTIFICATION
This Appendix is to be completed only by an Applicant that is completing this EDS as a "contractor" as defined in MCC Section 2-92-385. That section, which should be consulted (www amlegal com), generally covers a party to any agreement pursuant to which they: (i) receive City of Chicago funds in consideration for services, work or goods provided (including for legal or other professional services), or (ii) pay the City money for a license, grant or concession allowing them to conduct a business on City premises.
On behalf of an Applicant that is a contractor pursuant to MCC Section 2-92-385,1 hereby certify that the Applicant is in compliance with MCC Section 2-92-385(bXU and (2), which prohibit: (i) screening job applicants based on their wage or salary history, or (ii) seeking job applicants' wage or salary history- from current or former employers. I also certify that the Applicant has adopted a policy that includes those prohibitions.
[ ] Yes
[ 1 No
[x] N/A - I am not an Applicant that is a "contractor" as defined in MCC Section 2-92-385. This certification shall serve as the affidavit required by MCC Section 2-92-385(c)( I). If you checked "no" to the above, please explain.
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