SUBSTITUTE RESOLUTION CLASS 6(B) REAL ESTATE TAX INCENTIVE FOR THE BENEFIT OF THE ELI'S CHEESECAKE COMPANY, AN ILLINOIS CORPORATION AND REAL ESTATE LOCATED GENERALLY AT 6701 WEST FOREST PRESERVE DRIVE AND 4350 NORTH NORMANDY AVENUE IN
CHICAGO, ILLINOIS PURSUANT TO COOK COUNTY, ILLINOIS REAL PROPERTY ASSESSMENT CLASSIFICATION ORDINANCE
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Real Property Assessment Classification Ordinance, as amended from time to time (the "Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used primarily for industrial purposes; and
WHEREAS, the City of Chicago (the "City"), consistent with the Ordinance, wishes to induce industry to locate and expand in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, The Eli's Cheesecake Company, an Illinois corporation (the "Applicant"), owns certain real estate located generally at 6701 West Forest Preserve Drive and 4350 North Normandy Avenue, Chicago, Illinois 60634, as further described on Exhibit A hereto (the "Subject Property"); and
WHEREAS, the Applicant intends to construct an approximately 38,465 square foot addition to an existing industrial facility located on the Subject Property; and
WHEREAS, the Applicant has filed with the Office of the Assessor of Cook County (the "Assessor") an eligibility application for a Class 6(b) tax incentive under the Ordinance; and
WHEREAS, the Subject Property is located within the Chicago Read-Dunning Redevelopment Project Area (created pursuant to the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et. seq., as amended, and pursuant to an ordinance enacted by the City Council of the City), and the purposes of Redevelopment Project Areas are also to provide certain incentives in order to stimulate economic activity and to revitalize depressed areas; and
WHEREAS, it is the responsibility of the Assessor to determine that an application for a Class 6(b) classification or renewal of a Class 6(b) classification is eligible pursuant to the Ordinance; and
WHEREAS, the Ordinance requires that, in connection with the filing of a Class 6(b) eligibility application with the Assessor, the applicant must obtain from the municipality in which such real estate that is proposed for Class 6(b) designation is located a resolution expressly stating that the municipality has determined that the incentive provided by Class 6(b) is necessary for development to occur on such real estate and that the municipality supports and consents to the Class 6(b) classification by the Assessor; and '
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S:\SHARFD\Finance\Class 6(bl\Eli's Cheesecake Company\Fli's 6b resolution v.3.doc,
WHEREAS, the intended use of the Subject Property will provide significant present and future employment; and
WHEREAS, notwithstanding the Class 6(b) status of the Subject Property, the redevelopment and utilization thereof will generate significant new revenues to the City in the form of additional real estate taxes and other tax revenues; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. That the City determines that the incentive provided by Class 6(b) is necessary for the development to occur on the Subject Property.
SECTION 2. That the City supports and consents to the Class 6(b) classification by the Assessor with respect to the Subject Property.
SECTION 3. That the Clerk of the City of Chicago is authorized to and shall send a certified copy of this resolution to the Office of the Cook County Assessor, Room 312, County Building, Chicago, Illinois 60602 and a certified copy of this resolution may be included with the Class 6(b) eligibility application filed with the Assessor by the Applicant, as applicant, in accordance with the Ordinance.
SECTION 4. That this resolution shall be effective immediately upon its passage and approval.
Honorable Nicholas Sposato Alderman, 38th Ward
|1010|S:\SHARED\l-"in;infc\C'lass 6(b)\Kli's Cheesecake CompanyMTi's bb resolution v.j.docx
EXHIBIT A
See attached.
|1010|S.\SHAREI)\Finari(;e\Class 6(b)\Lli's Cheesecake CoinpanyUili's 6b resolution vJ.clocx
icxmini a
Legal Description of Subject Property
1350 North Normandy Avenue and
Common Address: 6701 West Forest Preserve Drive, Chicago, Illinois 60634
Permanent Index Number: 13-18-409-045-0000
I HAT PART OF Till: SOUTH FRACTIONAL 1/2 OF SIX'HON 18, TOWNSHIP 40 NORTH, RANG P. 13, FAST OFTHCTHIKD PRINCIPAL MERIDIAN, LYING SOUTH OF THF INDIAN BOUNDARY UNI- AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE INDIAN BOUNDARY LINE, BEING ALSO THE SOUTHEAST ERLY I .INK OF WES'I FOREST PRESERVE DRIVE, WITH THE EAST LINE OF NORTH OAK PARK AVENUE AS SHOWN ON THE PLAT OF SURVEY RECORDED JANUARY 11, 1935 AS DOCUMENT 11544080; THENCE SOUTH 01 DEGREES. 42 MINUTES, 4.5 SECONDS WEST ALONG THE EAST LINE OF SAID NOR TH OAK PARK AVENUE, 72.56 FEET TO A POIN I OF CURVATURE IN SAID LINE; THENCE SOUTHERLY ALONG THE EAST LINK OP SAID NORTH OAK PARK AVENUE, BEING A CURVED LINE CONVEX WESTERLY, HAVING A RADIUS OP 2337.50 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DIS TANCE OF 588.00 FEET (THE CHORD OF SAID ARC BEARS SOUTH 05 DEGREES, 29 MINUTES. 38 SECONDS EAST, 586.45 FEET); THENCE NOR TH 26 DEGREES, 07 MINUTES, 04 SECONDS EAST, 311.80 FEET; THENCE NORTTI 66 DEGREES, 00 MINUTES, 33 SECONDS EAST, 640.70 FEET TO A POINT FOR A PLACE OF BEGINNING, SAID POINT BEING THE INTERSECTION OF SAID LAST DESCRIBED LINE WITH A LINE DRAWN AT RIGHT ANGLES TO SAID INDIAN BOUNDARY LINE FROM A POIN I ON SAID INDIAN BOUNDARY LINK, 602.83 FEET, AS MEASURED ALONG SAID INDIAN BOUNDARY LINE, NORTHEASTERLY OF THE INTERSECTION OF SAID INDIAN BOUNDARY LINE WITH THE EAST LINE OF NORTH OAK PARK AVENUE, AS SHOWN ON PLAT OF SURVEY RECORDED JANUARY II, 1935 AS DOCUMENT 11544080; THENCE NORTH 31 DEGREES, 21 MINUTES. 49 SECONDS WES T, ALONG SAID LAST DESCRIBED RIGHT ANGLE LINE, 503.09 FEET TO SAID INDIAN BOUNDARY LINE; THENCE NORTH 58 DEGREES, 38 MINUTES, 11 SECONDS BAST ALONG SAID INDIAN BOUNDARY LINE, 383.21 FEET IX) THE MOST WESTERLY CORNER OF LAND TAKEN FOR HIGHWAY PURPOSES BY INSTRUMENT RECORDED APRIL 19, I960 AS DOCUMENT 17832909; THENCE NORTH 70 DEGREES, 24 MINUTES, 44 SECONDS, EAST ALONG THE SOUTHEASTERLY LINE OF SAID LAND TAKEN FOR HIGHWAY PURPOSES BY INSTRUMENT RECORDED APRIL 19, I960 AS DOCUMENT 17832909, 98.13 FEET; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 44.50 FEET, AN ARC DISTANCE OF 25.69 FEET (HIE CHORD OF SAID LAST DESCRIBED ARC BEARS SOUTH 57 DEGREES, 13 MINUTES, 15 SECONDS EAST, 25.33 FEET); THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 144.50 FEET, AN ARC DISTANCE OF 17.30 FEET(THE CHORD OF SAID ARC BEARS SOUTH 37 DEGREES, 14 MINUTES, 22 SECONDS EAST, 17,29 FEET); THENCE SOUTH 19 DEGREES, 28 MINU FES, 27 SECONDS EAST 84.68 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX SOU)) I WESTERLY, HAVrNG A RADIUS OF 400.00 FEE T AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 41.51 FEET TO A POINT OF REVERSE CURVATURE (THE CHORD OF SAID ARC BEARS SOUTH 22 DEGREES 26 MINUTES, 50 SECONDS EAST, 41.49 FEET); THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 800.00 FEE T AND BEING TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POIN T, AN ARC DISTANCE OF 33.40 FEE! TO A POINT OF TANGENCY (THE CHORD OF SAID BEARS SOUTH 24 DEGREES, 13 MINUTES, 27 SECONDS EAST, 33.39 FEET); THENCE SOUTH 23 DEGREES, 01 MINUTES, 42 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 113.55 FEET; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 900,00 FEET, AN ARC DISTANCE OF 222.28 FEET (THE CHORD OF SAID ARC BEARS SOUTH 15 DEGREES, 57 MINUTES, 03 SECONDS EAST, 221.71 FEET ); THENCE SOUTH 58 DEGREES, 38 MINUTES. 11 SECONDS WEST 323.08 FEET; THENCE NORTH 89 DEGREES. 59 MINUTES, 17 SECONDS WEST, 76.83 FEET TO THE POINT OF BEGINNING. ALL IN COOK COUNTY, ILLINOIS.
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT
SECTION I - GENERAL INFORMATION
A. Legal name of the Disclosing Party submitting this EDS. Include d/b/a/ if applicable: The Eli 1s Cheesecake Company
Check ONE ofthc following three boxes:
Indicate whether the Disclosing Party submitting this EDS Ls:
[*J the Applicant
OR
[ ] 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:
OR
3. [1 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: 6701 West Forest Preserve Drive
Chicago, Illinois 60634
Telephone: 773-308-7000 Fax: 773-205-3801 Email: jnogal@P-licheeeecake.com
Name of contact pctson: Joe Mogal
Federal Employer Identification No. (if you have one):
Brief description of contract, transaction or olher undertaking (referred to below as the "Matter") to which this EDS pertains. (Include project number and location of property, if applicable):
Class 6(b) property tax incentive at 6701 We.it Forest Preserve Dr., Chicago, IL 60634 / 43S0 North Normandy. Chicago. IL.60634 (P.I.N. 13-18-409-045-0000)
G. Which City agency or department is requesting this HPS? Department of Planning and Development
If the Matter is a contract being handled by the City's Department of Procurement {Services, please complete the following:
Specification # and Contract //
Page 1 jo! 13
SECTION II ~ DISCLOSURE QV OWNERSHIP INTERESTS
A. N A TURK OF TUB DISCLOSING PARTY
1. Indicate (he nature of the Disclosing Party:
{) Person f ] Limited liability company
| | Publicly registered business corporation [ ] Limited liability partnership
M 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 slate (or foreign country) of incorpora tion or organization, if applicable: Illinois
3. For legal entities not organized in the State of Illinois: Has the organization registered to do business in the State of Illinois as a foreign entity'?
tJYes [jNo WN/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 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 titloholder(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 contr ols 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
MaroSfihulmao Presiderit
Jolene Worthlnoton Executive VP/Operations
Joseph P. Nogal Vice President & Chief Financial Officer
2. Please provide die following information concerning each person or entity having a direct or indirect beneficial interest (including ownership) in excess of 7.5% ofthc Disclosing Party. Examples of such an interest include shares in a corporation, partnership interest in a partnership or joint venture,
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interest of a member or manager in a limited liability company, or interest of a bcncficiaiy of a tiust, estate or other similar entity. If none, slate "None." NOTE: Pursuant to Section 2-154-030 ofthc 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
Marc Schulman 6701 West Forest Preserve Dr. 1.00%
, Chicago, IL 60634 _
SECTION ID. -- BUSINESS RELATIONSHIPS WITII CITY ELECTED OFFICIALS
Has die 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 M No
If yes, please identify below the nauie(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 of each subcontractor, attorney, lobbyist, accountant, consultant and any other person or entity whom the Disclosing Party lias 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 either ask the City whether disclosure is tequhed or make the disclosure.
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Name (indicate whether Business Relationship to Disclosing Part)' 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.
(Add sheets if necessary)
fx) 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 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 ofthc Disclosing Party been declared in arrearage on any child support ob ligations by any Illinois court of competent jurisdiction?
[ ] Yes [xl No [ ] No person directly or indirectly owns 10% or more of die
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 f ] No
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), 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, auy criminal offense involving actual, attempted, or conspiracy to commit bribery, theft, fraud, forgery, perjury, dishonesty or deceit against, an officer or employee ofthc City or any siBler 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 1 supersedes some five-year compliance timeframes in certifications 2 and 3 below.
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The Disclosing Party and, it' the Disclosing Party is a legal entity, all of those persons or entities dentified in Section U.B.I of this EDS:
are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, sratc or local unit of go vernment;
have not, within a five-year period preceding (he 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, stale or local) transaction or contract under a public transaction; a violation of federal or Gfate 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 clause B.2.b. of dvis Section V;
d. have not, within a five-year period preceding die 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 dale 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 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");
• auy "Affiliated Entity" (nieauuig 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 contro l of another person or entity;
? any responsible official of the Disclosing Party, any Contractor or any Affiliated Entity or any other official, agent or employee of the Disclosing Party, any Contractor or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Disclosing Party, any Contractor or any Affiliated Entity (collectively "Agents").
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Neither the Disclosing Party, nor any Contractor, nor any Affiliated Entity of cither the Disclosing Patty or any Contractor nor any Agents have, during the five years before the: dale this EDS is signed, or, with respect lo a Contractor, an Affiliated Entity, or an Affiliated Entity of a Contractor during the five yoars before the date of such Contractor's or Affiliated Entity's contract or engagement in connection with tbc Matter:
bribed or attempted lo bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee o f 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 a. or b. above that is a. matter of record, but have not been prosecuted for such couduct; or
violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).
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 stale ox 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 any ofthc 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.
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) ofthc Municipal Code.
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:
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H'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 u 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 beat 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, ofthc City of Chicago. For purposes of this statement, a "gift" docs not include: (i) anything made generally available 'o 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 pei* 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
C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION
The Disclosing Party certifies that the Disclosing Party (check one)
[ 1 is |x] is not
a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.
If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:
"We are not and will not become a predatory leuder as defined in Chapter 2-32 of the Municipal Code. We further pledge that none of our affiliates is, aud none of them will become, a predatory lender as defined in Chapter 2-32 ofthc Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may rosult 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 ofthc Municipal CVidc, explain here (attach additional pages if necessary):
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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 INTER EST IN CITY BUSINESS
Any words or terms that are defined in Chapter 2-156 of (ho Municipal Code have the same meanings when used in this Part D.
lu 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 W 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.
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 die 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'6 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 H No
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.
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
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comply with these disclosure requirement* 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 Parly has searched any and all records of the Disclosing Party and any and all predecessor entities regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era (including insurance policies issued Lo 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 Parly has found records of investments or profits from slavery or slaveholder insurance policies. The Disclosing Party verifies that the following constitutes full disclosure of all such records, including the names of any and all slaves or slaveholders described in those records:
SECTION VI- CERTIFICATIONS FOR FEDERALLY FUNDED MATTERS
NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed to Section VII. For purposes of this Section VI, tax credits allocated by the City and proceeds of debt obligations of the City axe not federal funding.
A. CERTIFICATION REGARDING LOBBYING
1. List below the names of all persons or entities registered under the federal Lobbying D isclosure 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 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 ledcially 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
The Disclosing Party will submit an updated certification at the end of each calendar quarter in
which there occurs any event that materially affects the accuracy of the statements and information set ! forth in paragraphs A.l. and A .2. above.
The Disclosing Tarty certifies that either: (i) it is not an organization described in section j 501(c)(4) ofthc 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".
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. J
B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY |
If the Matter is federally funded, federal regulations require the Applicant and all proposed I subcontractors to submit the following information with their bids or in writing at the outset of \ negotiations.
i
Is die 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 Tederal regulations? (See 41 CFR Part 60-2.)
[JYes []No
Have you filed with the Joint Reporting Committee, the Director ofthc Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing, requirements?
[ ] Yes [ ] No
Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause?
[]Ycs []No
If you checked "No" to question 1. or 2. above, please provide an explanation:
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SECTION VO - ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE
The Disclosing Parly understands arid 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, aud are material inducements to the City's execution of any contract or taking other action with respect to die 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 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 availnblc on line atwww.cityofchicaRO.org/Bthics , 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.
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 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.
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 tbe 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 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-J 54-020 of the Municipal Code.
The Disclosing Parly represents and warrants that'
Page 11 of 13
F. I. The Disclosing Patty is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor arc the Disclosing Party or its Affiliated Entities delinquent in paying uny 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.I'.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 contractots/subcontractors hired ot 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 thai 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. 1F.2. or F.3. above, an explanatory statement mast be attached to this EDS.
CERTIFICATION
Under penalty of perjury, the person cigning 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.
(Signyi ere)
Marc Schulman
(Print or type name of person signing)
President
(Print or type title of person signing)
Signed and sworn to before me on (date)
at (-0 aL County, '!) f/NOK jfs^tc).
^JOAf^: }.-
/
Commission expire
Of jv-AL MARY K GALE NOTARY P'JRLIC STATE OF ILLINOIS MY CCMf.'i^MON L:XPI8ES:03/28/19
Page 12 of 13
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A
FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership iutercslt 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 Parry 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 (Jus EDS is signed, (he Disclosing Party or any "Applicable Parly" or any Spouse or Domestic Partner thereof is related to (he mayor, any aldemmn, the city cleric, 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, folher-in-law, motlicr-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 IJ.B. 1 .a., if tire Disclosing Parly is a corporation; all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limited partners of die Disclosing Parly, 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.
Does the Disclosing Parly or any "Applicable Party" or any Spouse or Domestic Partner thereof currently have a "familial relationship" with an elected city official or department hea<17
[]Yes |x]No
If yes, please identify below (1) the name and title of such pa-son, (2) the name ofthc 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
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX B
BUILDING CODE SCOFFLAW/PROBLEM LANDLORD CERTIFICATION
This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a direct ownership interest in the Applicant exceeding 7.5 percent (an "Owner"). It Is not to be completed by any legal entity which has only nu indirect ownership interest in the Applicant.
Pursuant to Municipal Code Section 2-154-010, is the Applicant or any Owner identified as a building code scofflaw or problem landlord pursuant lo Section 2-92-416 of the Municipal Code?
[ ] Yes fx] No
If the Applicant is a legal entity publicly traded on any exchange, is any officer or director of the Applicant identified as a building code scofflaw or problem landlord pursuant to SecUon 2-92-416 of die Municipal Code?
[ ]Yes [ ]No [X ] Not Applicable
3. If yes to (1) or (2) above, please identify below the name of the person or legal entity
identified as a building code scofHaw or problem landlord and the address ofthc building or buildings to which the pertinent code violations apply.
BTLIJNG OUT THIS APPENDIX B CONSTITUTES ACKNOWLEDGMENT AND AGREEMENT THAT THIS APPENDIX B IS INCORPORATED BY REFERENCE INTO, AND MADE A PART OF, THE ASSOCIATED EDS, AND THAT THE REPRESENTATIONS MADE IN THIS APPENDIX B ARE SUBJECT TO THE CERTIFICATION MADE UNDER PENALTY OF PERJURY ON PAGE 12 OF THE ASSOCIATED EDS.
DEPARTMENT OF LAW
PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT
To: From:
Date: Re:
Denise Roman
Department of Planning & Development
Sweta Shah ji /i>
Assistant Corporation Counsel
Finance & Economic Development Division
Department of Law
March 11,2016
Substitute resolution supporting and consenting to Class 6(b) classification tax incentive (the "Class 6(b)") for the benefit of The Eli's Cheesecake Company (the "Applicant") and real property commonly known as 6701 West Forest Preserve Drive and 4350 North Normandy.Avenue, Chicago, Illinois 60634 (the "Subject Property") pursuant to Cook County Real Property Assessment Classification Ordinance '
As you are aware, a resolution for this matter was introduced on September 24, 2015, and per DPD's request, attached hereto is the final form of substitute resolution supporting and consenting to the above-referenced Class 6(b) pursuant to the Cook County Real Property Assessment Classification Ordinance. Also attached hereto, is the final Economic Disclosure Statements and Affidavits for the Applicant.
Finally, it is my understanding from you that DPD has carefully and fully considered the implications of issuing the Class 6(b) tax incentive for the Subject Property which is located in the Chicago Read-Dunning Redevelopment Area.
Attachments
cc: Mary Bonome Susan Lopez Cynthia Shawamreh
Alderman Brookins remarks for Chairman report to the City Council, April 13, 2016
Mr. President, (or if Alderman Laurino is up there - Madam President)
Reporting for your Committee on Economic, Capital and Technology Development for which a meeting was held on April 11th, 2016 having had under consideration 2 re-appointments with the CDC of Jorge J. Perez, and Roxanne M. Ward and 3 new appointees with the CDC, Nicholas J. Delgado, Dwight Curtis, and Mae C. Whiteside.
A Class 6b resolution originally introduced on 09/24/2015 by Alderman Nicholas Sposato for the property located at 4350 N. Normandy Ave. and 6701 W. Forest Preserve Dr. was substituted and approved.
If there is no objection, I move passage of this item by the last most favorable roll call vote of the Committee on Finance and associated unsuccessful motion to reconsider.
Thank you, that concludes' my report.