HomeMy WebLinkAbout26-108 Certified State of Illinois)
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 26-108
RESOLUTION
AUTHORIZING EXECUTION OF A BUILDING IMPROVEMENT PROGRAM
AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. FOR 101 S. GROVE
AVENUE, ELGIN, ILLINOIS 60120
adopted by the Elgin City Council at its legally convened meeting held on July 8, 2026.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this July 9, 2026.
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Ki be Dewis, City Clerk
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Resolution No. 26-108
RESOLUTION
AUTHORIZING EXECUTION OF A BUILDING IMPROVEMENT PROGRAM
AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. FOR 101 S. GROVE
AVENUE, ELGIN,ILLINOIS 60120
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Building Improvement Program Agreement on behalf of the
City of Elgin with Senior Services Associates,Inc.,for 101 S.Grove Avenue,Elgin,Illinois 60120,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 8, 2026
Adopted: July 8,2026
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis,City Clerk
CITY OF ELGIN
BUILDING IMPROVEMENT PROGRAM AGREEMENT
(101 S. Grove Avenue)
THIS AGREEMENT is made and entered into this 8th day of July ,2026,
by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as
"City") and SENIOR SERVICES ASSOCIATES, INC, an Illinois not-for-profit corporation
(hereinafter referred to as the"Owner").The City and Owner may be referred to collectively herein
as the"parties"and individually as a"party."
WHEREAS, the City Council of the City of Elgin (hereinafter referred to as the "City
Council") has adopted Ordinance Nos. S6-99, S1-02, S2-02, S3-02, and S4-02 proposing,
approving,and creating the Elgin Central Area Tax Increment Financing Redevelopment Plan and
Project (hereinafter referred to as the "ECA TIF District") pursuant to the Tax Increment
Allocation Redevelopment Act at 65 ILCS 5/11-74.4-1,et seq.;and
WHEREAS, the ECA TIF District was established on April 10, 2002, and will continue
for thirty-five (35) years thereafter pursuant to the enactment of Public Act 104-0322, effective
August 15,2025; and
WHEREAS, the Owner is the owner of the property identified by Kane County PIN 06-
13-309-001,more commonly known as 101 S.Grove Avenue,Elgin,Illinois(hereinafter referred
to as the"Subject Property"); and
WHEREAS, the Subject Property is located within the area commonly referred to as
Downtown Elgin;and
WHEREAS,the Subject Property is located within the ECA TIF District;and
WHEREAS,the Subject Property is within the Downtown Elgin Commercial District,and
the Downtown Elgin Commercial District is listed in the federal National Register of Historic
Places and is an integral part of downtown Elgin;and
WHEREAS,the Owner intends to improve the building located upon the Subject Property
by repairing certain windows and replacing certain windows and doors;and
WHEREAS,the Owner has applied to the City to receive Community Development Block
Grant (hereinafter referred to as "CDBG") funding for the repair of certain window and the
replacement of certain windows and doors;and
WHEREAS, the City receives funding for its CDBG program from the U.S. Department
of Housing and Urban Development(hereinafter referred to as"HUD")and HUD requires that all
projects receiving CDBG funding adhere to the U.S. Secretary of the Interior's standards for
rehabilitation; and
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WHEREAS, adherence to the above-described standards for rehabilitation incurred
additional costs above and beyond simply replacing all windows and doors in the most cost-
effective manner; and
WHEREAS, the Owner is only eligible to receive a CDBG grant that would cover eighty
percent (80%) of the costs to repair certain windows and to replace certain windows and doors;
and
WHEREAS, the Owner is requesting that the City fund the remaining twenty percent
(20%)of said costs with funds collected by the administration of the ECA TIF District;and
WHEREAS, the proposed improvement of the Subject Property would not occur in the
absence of the development assistance from the City as herein provided; and
WHEREAS, the City Council has determined and hereby finds that the repair of certain
windows and the replacement of certain windows and doors as herein described will further the
goals and objectives of the Elgin Central Area TIF Increment Financing Redevelopment Plan and
Project and assist the City in its objective to create a more economically viable and sustainable
downtown business district, all of which are hereby declared by the City to be a valid public
purpose of the City; and
WHEREAS, repaired windows and new windows and doors will enhance the value of the
Subject Property and increase the City's tax revenues; and
WHEREAS, in order to incent and facilitate continued investment in the Subject Property
as herein described which will further the goal and objectives of the Elgin Central Area Tax
Increment Finance and Redevelopment Plan and Project, the City has agreed to provide certain
development assistance as hereinafter described; and
WHEREAS,the City of Elgin is a home rule unit and may exercise any power and perform
any function pertaining to its governmental affairs; and
WHEREAS, this Building Improvement Program Agreement, resulting in furthering and
achieving the goals and objectives of the Elgin Central Area Tax Increment Finance and
Redevelopment Plan and Project, and resulting in the benefits the City has hereinabove stated,are
matters within the government affairs of the City; and
WHEREAS, the continued investment in the Subject Property will strengthen the
downtown in the City; and
WHEREAS, the continued reinvestment in the Subject Property will serve to further the
development of adjacent areas; and
WHEREAS, the Owner is a long-standing member of Downtown Elgin and meets high
standards of credit worthiness and financial strengths;and
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WHEREAS,this Agreement is made in the best interests of the City.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the sufficiency of which is hereby mutually acknowledged,the parties hereto hereby agree
as follows:
Section 1. The above recitals are incorporated into and made a part of this Agreement.
Section 2. The Owner shall provide for the further investment in the Subject Property
by repairing certain windows and replacing certain windows and doors in the manner depicted in
the 12-page "Scope of Work for Senior Services Associates" dated December 4, 2025, which is
attached hereto as Attachment A and made a part hereof(such repaired windows and replaced
windows and doors on the Subject Property are hereinafter referred to as the "Subject Building
Improvements"or alternatively as the"Work").
Section 3. The total, maximum approved project costs for the Subject Building
Improvements shall be thirty-one thousand, seven hundred dollars and no cents ($31,700.00) as
set forth in Attachment A(such total approved project costs for the Subject Building Improvements
are hereinafter referred to as"Eligible Costs"). The City shall pay the Owner a sum not to exceed
thirty-one thousand, seven hundred dollars and no cents ($31,700.00) toward the Eligible Costs
for the Subject Building Improvements approved pursuant to the provisions of this Agreement
unless,upon receipt and review of those items stipulated within Section 7 of this Agreement, it is
found that the total cost of the Subject Building Improvements were less than the Eligible Costs
estimated within Attachment A,then the maximum amount that the City shall pay to the Owner
shall be reduced to the lesser, actual cost of the Subject Building Improvements. The City also
agrees to waive any costs for permits, plan reviews, and inspections that are associated with the
construction and installation of the Subject Building Improvements.
Section 4. Eligible Costs shall include labor, material and equipment costs, and such
other costs as may be reasonably necessary for the execution and completion of the Subject
Building Improvements hereby provided for as established by the construction specifications and
construction estimate as set forth in Attachment A.
Section 5. No work shall be undertaken or shall be considered to constitute the basis
for an Eligible Cost until the Owner submits the plans for the Subject Building Improvements to
the City and receives all necessary permits from the City for the Subject Building Improvements.
The Owner shall submit the requisite permit application and associated plans necessary to receive
a permit within ninety (90) days of this Agreement. The Owner shall cause the Subject Building
Improvements to commence within one hundred and twenty (120) days of the issuance of all
necessary permits by the City. For the purpose of this Section 5 of the Agreement, "commence"
shall mean that windows have been delivered to the Subject Property.All the Work related to the
Subject Building Improvements shall be performed in compliance with all requirements of law,
including any applicable codes and ordinances. The Subject Building Improvements shall be
completed within one hundred and eighty (180) days from the date work commences. For the
purpose of this Section 5 of this Agreement, "completed" shall mean that the Subject Building
Improvements have received all approvals and passed all inspections required by law. The City
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Development Administrator may grant an extension of any of the above deadlines for up to six(6)
months in the City Development Administrator's sole discretion,provided that any such extension
shall also be in writing.Any agreement by the City to further extend the above deadlines beyond
said six(6)months shall be at the sole discretion of the City Council of the City.
Section 6. The City shall be permitted access to the Subject Property to periodically
review the progress of the Work.Such review shall not be in lieu of any other inspections that may
otherwise be required by law or by the City.Any and all portions of the Work which do not,in the
sole discretion of the City, conform to the Subject Building Improvements or other applicable
terms of this Agreement, shall be made to conform to the Subject Building Improvements and
other applicable terms of this Agreement upon written notice of the existence of such non-
conforming portions.
Section 7. Upon completion of the Work, and upon fmal inspection and such other
final inspections and approvals as may be required by law, Owner shall submit to City: (1) an
executed, notarized itemized contractor statement reflecting the total cost of the Work and each
portion thereof, including,but not limited to,the cost of labor(whether provided by any contractor
or subcontractor),materials and equipment;(2)copies of all bids,contracts and invoices submitted,
executed or incurred pursuant to the Work; (3) reasonable proof of payment of all costs incurred
pursuant to the Work; and (4)a release of lien from any contractor that received payment for the
Work.
Section 8. City shall pay to the Owner the Eligible Costs provided for at Section 3
herein within thirty (30) days of Owner's completion of the Work and compliance with the
provisions of Section 7 herein. In no event shall the amount paid to the Owner exceed the lesser
of the amount specified in Section 3 of this Agreement or in the contractor statement required by
Section 7 of this Agreement.
Section 9. In the event Owner fails to complete the Work in accordance with the terms
of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate this
Agreement upon written notice of breach and termination to the Owner, and any and all financial
or other obligations on the part of City shall cease and become null and void. Additionally,Owner
shall refund to City all money paid to Owner by City pursuant to this agreement upon thirty(30)
days written demand. This provision shall not constitute a restriction on City to pursue any and
all other rights to which it may be entitled by law.
Section 10. Upon completion of the Work, and for a period of five(5)years thereafter,
Owner shall properly maintain the Work in its finished form,without alteration or change thereto,
and shall not enter into any agreement, or take any other steps to alter, change or remove such
Work,or to create or undertake any other Work which may constitute a deviation from the Subject
Building Improvements, without prior written approval from the City's Director of Community
Development in his or her sole discretion. It is not intended that acts by a third party that may
affect the Subject Building Improvements constitute a breach of the provisions of this Section by
the Owner.
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Section 11. Nothing herein is intended to limit, restrict or prohibit the Owner from
undertaking any other work in or about the Subject Property that is unrelated to the Subject
Building Improvements provided for in this Agreement.
Section 12_. This Agreement shall be binding upon City and its successors, and upon
Owner, Owners' successors and assigns for a period of five (5) years from and after the date of
completion and approval of the Work. Owner shall provide subsequent owner(s) of the Subject
Property with a copy of this Agreement. This Agreement shall run with the Subject Property. The
City may record a memorandum of this Agreement against title to the Subject Property.
Notwithstanding the aforementioned five(5)-year period,the provisions of Sections 9, 14, and 21
herein shall survive the expiration,completion, and/or termination of this Agreement.
Section 13. INTENTIONALLY OMITTED.
Section 14. To the fullest extent permitted by law,Owner agrees to and shall indemnify,
defend and hold harmless,the City, its officials,officers,employees,agents, attorneys,boards and
commissions from and against any and all claims, suits,judgments,costs,attorneys' fees,damages
or other relief, including, but not limited to, workers' compensation claims, in any way resulting
from or arising out of the Work to be performed and/or negligent acts or omissions of the Owner
in connection herewith, including negligence or omissions of contractors, subcontractors,
employees or agents of the Owner, arising out of the performance of this Agreement and/or the
Work. In the event of any action against the City,its officers,employees,agents,attorneys,boards
and commissions covered by the foregoing duty to indemnify, defend and hold harmless, such
action shall be defended by legal counsel of the City's choosing. The provisions of this Section
shall survive any expiration, completion and/or termination of this Agreement.
Section 15. This Agreement shall not be construed to create a partnership,joint venture
or employment relationship between the parties hereto.
Section 16. This Agreement shall be subject to and governed by the laws of the State of
Illinois. The parties hereto hereby agree that venue for any and all actions that may be brought by
each and either of them to enforce the provisions of this Agreement shall be in the Circuit Court
of Kane County, Illinois.
Section 17. The terms of this Agreement shall be severable. In the event that any of the
terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any
reason,the remainder of this Agreement shall remain in full force and effect.
Section 18. All notices, reports and documents required under this Agreement shall be
in writing and shall be mailed by first-class mail,postage prepaid, addressed as follow:
As to the City: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attn: Community Development Director
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With a copy of any
such notices to: City of Elgin
150 Dexter Court
Elgin,IL 60120-5555
Attn: Corporation Counsel
As to the Owner: Micki Miller,Executive Director
Senior Services Associates,Inc.
101 S Grove Avenue
Elgin, IL 60120-6477
Section 19. INTENTIONALLY OMITTED.
Section 20. In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or
physical handicap,unless based upon a bona fide occupational qualification,and this requirement
shall apply to,but not be limited to,the following:employment advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training,including apprenticeship.
Section 21. Notwithstanding anything to the contrary in this Agreement, with the sole
exception of an action to recover the monies the City has agreed to pay to the Owner pursuant to
Section 3 hereof, no action shall be commenced by the Owner against the City for monetary
damages. Owner hereby further waives any and all claims to interest on money claimed to be due
pursuant to this Agreement and waives any and all such rights to interest which it claims it may
otherwise be entitled to pursuant to law, including, but not limited to, the Local Government
Prompt Payment Act(50 ILCS 501/1,et seq.),as amended, or the Illinois Interest Act(815 ILCS
205/1,et seq.),as amended. The parties hereto further agree that any action by the Owner arising
out of this Agreement must be filed within one(1)year of the date the alleged cause of action arose
or the same will be time-barred.
Section 22. No official,officer,agent,employee or attorney of the City shall be charged
personally or held contractually liable under any term or provision of this Agreement or because
of their execution, approval,attempted execution or enforcement of this Agreement.
Section 23. This Agreement and its attachments constitutes the entire agreement of the
parties hereto and the subject matter hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in writing
herein or in a duly executed amendment hereof.
Section 24. This Agreement is and shall be deemed and construed to be a joint and
collective work product of the City and the Owner, and as such, this Agreement shall not be
construed against the other party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
any,of the terms and provisions contained herein.
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Section 25. This Agreement and the obligations herein may not be assigned by the
Owner without the express written consent of the City,which consent may be withheld at the sole
discretion of the City.
Section 26. INTENTIONALLY OMITTED.
Section 27. Notwithstanding any other provisions of this Agreement, it is agreed and
understood that the Owner shall comply with all federal, state,city,and other requirements of law
that are applicable to the Owner in connection with the performance of this Agreement.
Section 28. Time is of the essence of this Agreement.
Section 29. This Agreement may be executed in counterparts,each of which shall be an
original and all of which shall constitute one and the same agreement. This Agreement may be
executed electronically,and any signed copy of this Agreement transmitted by facsimile machine,
email, or other electronic means shall be treated in all manners and respects as an original
document. The signature of any party on a copy of this Agreement transmitted by facsimile
machine, email, or other electronic means shall be considered for these purposes an original
signature and shall have the same legal effect as an original signature.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
CITY OF ELGIN: ATTEST:
By. ‘a
:>11/Ail
Richard G.Kozal un Dewis,City Clerk
City Manager
OWNER:
By: `:6/4441,
Name: Micki Miller
Executive Director
Senior Services Associates. Inc.
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Attachment A
12-page Scope of Work for Senior Service Associates, dated December 4, 2025
Scope of Work
For Senior Services Associates
101 South Grove Avenue, Elgin IL
December 4, 2025
The Senior Services Associates Rehab Project primarily consists of replacing exterior doors on
the first floor and replacing or repairing all of the windows on the second floor. The scope of
work includes five parts. Contractors are invited to submit quotes for one, multiple, or all parts
of the project. Senior Services reserves the right to award each part of the scope to separate
bidders or multiple parts to a single bidder, based on the price quotations that are the most
advantageous and cost-effective for the agency.
The five parts are defined below:
Part 1:Steel Window Replacement(2nd Floor)
The nine steel casement windows on the north-facing (Fulton Street) elevation and four steel
casement windows on the south-facing (side) elevation are in very poor condition. Provide and
install new custom-fabricated aluminum casement windows matching the configuration,
profile, and dimensions of the originals.See Attachment A for a photo and drawing of the
current window unit (with dimensions).
Part 2: Wood Window Repair(2"d Floor)
The six wood double-hung windows on the west-facing (South Grove Avenue) elevation and
four wood double-hung windows on the north-facing (Fulton Street) elevation are in good
condition. Minor repairs should be made to these windows and new storm windows should be
installed to improve energy efficiency. See Attachment B for current photo of one of the ten
windows to be repaired.
Part 3: Wood Window Replacement(2nd Floor)
There are six wood double-hung windows of varying sizes and configurations on the south-
facing (side) and east-facing (alley) elevations that are in disrepair. Provide and install new one-
over-one aluminum-clad wood double hung windows matching the originals in size (but not
multi-lite configuration). See Attachment C for current photos of the windows to be replaced.
Note the furnace is currently not vented per code. Part 5 of this scope calls for new venting to
be installed. (Do not include any costs associated with that work in your quote for Part 3 of the
scope.)
Part 4: Exterior Door Replacement (1st Floor)
The two sets of exterior doors located at the corner of South Grove Avenue and Fulton Street,
and the one set of exterior doors located at the northeast corner of the building(facing Fulton
Street) are rusted and in poor condition. Provide and install three sets of custom steel doors
that match the existing doors in configuration and dimensions, including windows matching the
original dimensions. Provide keyed door sets and the necessary panic hardware. See
Attachment D for current photos of the doors to be replaced.
Part 5: Furnace Venting(2"d Floor)
The furnace on the second floor is not currently vented per code. Provide and install new
venting through the rear (alley) exterior wall, including proper exterior cap(s). If bidding on this
part, include copies of your firm's state license/credential. (Do not include any costs associated
with the replacement of the window in your quote for Part 5 of the scope.)
General Note:All windows, storm windows, and doors specified above shall match (as closely
as possible) the first floor windows in color.
Attachment A
Part 1: Steel Window Replacement
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Current Steel Casement Window
13 total on north-and south-facing elevations (2"`1 floor) to be replaced.
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EXISTING CONCRETE SILL
MAY NEED TO MAKE THIS SAME HEIGHT AS
CENTRAL BOTTOM RAIL (1 1/2"-2" FOR STABILITY)
Attachment B
Part 2: Wood Window Repair
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Wood Double Hung Window (Typical)
10 total on north- and west-facing elevations to be repaired and get new storms.
Attachment C
Part 3: Wood Window Replacement
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Window in Stairway (South-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
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Window in Washroom (South-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
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Window in Kitchen (South-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
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Window in Storage Room (South-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
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Window in Utility Closet (East-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
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Window in Rear Stairway (East-Facing Elevation)
To be replaced with one-over-one aluminum-clad wood window of same size.
Attachment D
Part 4: Exterior Door Replacement
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Exterior Doors (One of three sets on the North- and East-Facing Elevations)
Attachment B
AFFIDAVIT OF OWNERSHIP
(2 Pages)
1, \1 e r (name), X ec&*.+i ye. 1;rec-4 p{ (title),being
first duly sworn upon oath states as follows:
Affiant has personal knowledge of the facts stated herein.
Per 50 ILCS 105/3.1,the identities of all owners and beneficiaries having an interest or proposing
to have an interest in the real property commonly known as
Senior- Sec./icf 5 ASsac.►a-1eS to be conveyed/used are as follows (check applicable
box(es)and complete information requested):
El Individual. Individual owner(or proposing to be an owner or tenant)of the property is:
® Nonprofit Organization. Nonprofit organization owner (or proposing to be an owner or
tenant) of the property is &,Hint. Services 45sodo:Fe . There is no individual or
other organization receiving distributable income from the organization.
El Public Organization, including units of local government. Public organization owning(or
proposing to be an owner or tenant) the property is
There is no individual or other organization receiving distributable income from the
organization.
Publicly-Traded Corporation. Publicly-traded corporation owning (or proposing to be an
owner or tenant) the property is
There is no readily known shareholder entitled to receive more than 7-1/2%interest in the
total distribution income of the corporation.
Corporation, Partnership, Limited Liability Company. Corporation, partnership, limited
liability company owning (or proposing to be an owner or tenant) the property is
. Those entitled to receive more than 7-1/2%
of the total distributable income of said entity are as follows:
Name Address
*1.
2.
3.
Ei Land Trust or Declaration of Trust.Land trust or declaration of trust owning(or proposing
to be an owner or tenant) the property is . The
identity of each beneficiary of Grantor Trust is as follows:
Name Address %of
Interest
*1.
2.
3.
4. — —
*IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN
FURTHER DISCLOSURES SHOULD BE PROVIDED UNTIL THE NAMES OF
INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE DISCLOSED.
Dated this 095 ' day of T.unc_. , 20. (o
y: 4%> c�h�`t1 t
B I Sighature
Ex euA44 lie- Z i rec-4-c
Print Name and Title if applicable
State of Illinois )
) SS
County of K cule. )
This ,instrument was acknowledged before me on dU ne 2•) , 202.i by
0116<l Miller .
OFFICIAL SEAL J.
'�1�6 �Q
(SEAL) , .�� ,, JESSICA A GOMEZ Z
t Notary Public Stste of Illinois N aPy PU .
- Commission No.1027038
ic
` °yam.; My Commission Expires
<.,,,.• March os,203o My Commission Expires: 3 0 030
NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON
BEHALF OF THE RECORD OWNER(S) BY A MEMBER, AN OWNER,
AUTHORIZED TRUSTEE, CORPORATE OFFICIAL, GENERAL PARTNER,
OR MANAGING AGENT,OR HIS OR HER ATTORNEY.
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