COMMUNITY AGREEMENT RECITALS

Transcription

1 THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Theodore Novak, Esq. DLA Piper LLP (US) 444 West Lake Street Suite 900 Chicago, IL This space reserved for Recorder. COMMUNITY AGREEMENT This COMMUNITY AGREEMENT (the Agreement ) is made this 30 th day of June, 2017 and is by and between 1350 LAKE SHORE ASSOCIATES, an Illinois limited partnership (the Owner ), and the GOLD COAST NEIGHBORS ASSOCIATION, an Illinois not-for-profit corporation (the GCNA ; collectively the Parties and individually a Party ). RECITALS A. Owner is the legal title holder of the property located at East Banks Street / Ritchie Court / North Lake Shore Drive, Chicago, Illinois (the Property ) and legally described in Exhibit A attached hereto and by this reference, made a part of this Agreement. B. The Property is currently occupied by a surface parking lot. C. Owner proposes to develop the Property with a residential building containing 58 dwelling units across 8 residential floors, with an underground parking structure containing a minimum of 42 striped parking spaces (and accommodation for up to 68 vehicles through use of valet parking service), and roof top amenities (the Development ). D. To authorize the Development, the Owner has requested: 1) Pursuant to Chapter 16-4 of the Chicago Municipal Code (the Lakefront Protection Ordinance ) approval of the Development (the Lakefront Approval ), and 2) Pursuant to the Zoning Ordinance approval of a Residential Planned Development (the PD ). EAST\

2 E. Owner proposes to develop the Property consistent with the planned development ordinance, statements, bulk regulations and data table and development plans in the form approved by the Chicago Plan Commission, attached hereto as Exhibit B (the Final PD Ordinance ). F. The Final PD Ordinance will be considered by the Chicago Plan Commission on June 15, 2017, and if approved, will be considered by the Chicago City Council Committee on Zoning, Landmarks and Building Standards and, if passed, by the City Council. G. GCNA agrees that the Final PD Ordinance is a reasonable and acceptable zoning of the Property provided that Owner enters into this Agreement to address potential impacts of the project contemplated by the Final PD Ordinance. H. The GCNA was established on July 20, 1957 as the North State and Astor Community Association, and subsequently changed its name to Gold Coast Neighbors Association in The GCNA was organized to, among other things, preserve, maintain and develop the residential integrity of the Gold Coast neighborhood of Chicago and discourage violations of existing and future building and zoning codes in the City of Chicago. I. Owner, the 43rd Ward Alderman (the Alderman ), and the GCNA have held meetings on various dates with individual buildings and the community. During these meetings, Owner presented the elements of the Development to the community. J. In addition to the matters addressed by the Final PD Ordinance, the Parties desire to enter into a binding agreement to address additional matters between and among them. K. To provide assurances to GCNA in a legally binding and enforceable manner, the Owner and the GCNA have agreed to execute, record, and be bound by this Agreement. L. In consideration of the recitals and mutual covenants and agreements set forth in this Agreement, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and GCNA agree that the Property, and all portions thereof are and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants hereinafter set forth. I. Zoning NOW THEREFORE, Owner and GCNA hereby agree as follows. A. The Owner acknowledges that notwithstanding the uses and rights that may otherwise be applicable to the Property under the Planned Development, the Property shall be subject to this Agreement. B. This Agreement shall take effect on the date upon which the Final PD Ordinance is approved by City Council and takes effect (the Effective Date ), and shall remain in full force and effect until the earliest to occur of: (a) the expiration, termination or nullification of the Final PD Ordinance, or (b) thirty (30) years following the Effective Date; whereupon this Agreement shall automatically EAST\

3 terminate and be of no further force or effect without any further action by the parties hereto (the Term ). C. In consideration for the commitments of Owner contained herein, the GCNA does hereby agree to support Owner s Development and the Planned Development. Such support shall include, if requested by Owner, appearances at meetings of the Chicago Plan Commission, City of Chicago Committee on Zoning, Landmarks and Building Standards, and all government meetings reasonably requested by Owner in order to demonstrate support for the Development. D. Notwithstanding the foregoing, this Agreement is contingent upon Owner Commencing Construction of the Development within the terms of the Planned Development. E. The uses as described in Planned Development Statement 5 shall be the allowed uses at the Property. The definitions of these uses shall be as defined in the Ordinance. II. Property Development, Management and Operations Notwithstanding any use, bulk regulation, or development rights that may be applicable at any time pursuant to the provisions of the Zoning Ordinance or any other code, ordinance, or regulation of the City, the Property shall be subject to the following conditions and restrictions. A. Compliance with Planned Development. Owner shall develop the Property in a manner consistent with the Final PD Ordinance and this Agreement, provided that in the event of any conflict between any term or provision contained herein with any term or provision contained in the Final PD Ordinance, the Final PD Ordinance shall govern and control. Nothing herein shall be construed to prohibit construction of the improvements permitted by the Final PD Ordinance. B. Property Management. The Development shall be managed by the Owner in a manner consistent with that of comparable first-class residential rental buildings in the Gold Coast, Chicago, Illinois area. C. Short Term Rentals. 1. Standard lease agreements for rental units at the Development shall be for one year, provided, however, that leases may range from 6-15 months. 2. Owner shall provide restrictions prohibiting short-term rental activities in the lease agreements for rental units at the Development. 3. Owner will list the Property on the City of Chicago's Shared Housing Prohibited Building List prior to occupancy of the building. D. Rooftop Mechanical Equipment Screening and Sound Reduction Measures. Rooftop Mechanical Equipment (the Mechanical Equipment ) shall be EAST\

4 screened around four sides by structures designed to minimize noise. Under no circumstances will noise generated by the Mechanical Equipment exceed limits established for mechanical stationary sources in the Chicago Municipal Code. Should the measures described herein prove inadequate to meet or exceed such noise control limits, Owner will work diligently with the GCNA to address concerns pursuant to procedures established in Part IV(H) of this Agreement. The main cooling and heating for the dwelling units will be provided by a variable refrigerant flow system ( VRF ). The indoor HVAC units providing heating and cooling to the residences are fan coil units with a supply fan. These will generate very little sound, similar to conventional fan coil units. The condensing units for the VRF system on the upper roofs have compressors and condenser fans. There will be (6) banks of 4 units on the north-west corner of the 8th floor roof, and (2) banks of 4 units on the penthouse roof. The VRFs are quiet and will have little to no impact on surrounding properties. The main toilet and dryer exhaust for the building will be provided via (3) roof mounted exhaust fans on the 8th floor roof and (3) roof mounted exhaust fans on the penthouse mechanical roof. These have been located towards the center of the roof behind screen walls and within the penthouse mechanical well for the purpose of acoustic absorption. These will be screened such that they comply with or exceed the requirements of the ordinance with respect to generation of sound. The ventilation or outside air make-up unit will be a roof mounted unit located on the west side of the 8th floor roof. This roof top unit is a custom engineered unit with a supply fan, compressors, condenser fans, and a gas-fired heating section. E. Appearance. The total allowable square footage, the maximum height, and the total number of residential units within the Development shall not exceed those authorized under the Planned Development. The exterior elevations of all buildings shall be materially as depicted in the Planned Development and in Exhibit B. F. Post-Construction Loading, Deliveries and Trash Storage. 1. Loading and Deliveries areas shall be as per the Planned Development. Move-ins and outs shall occur utilizing the building dock. The Owner will schedule deliveries to minimize the impact on the surrounding neighbors. 2. Trash storage areas shall be located as per the Ground Floor Plan attached in Exhibit B, internal to the building and located off of the internal Loading Dock. Trash collection will also utilize the Loading Dock for pick-up and removal. G. Parking and Transportation. EAST\

5 1. Parking Requirements at the Property will be per the Final PD Ordinance, provided that such Ordinance provides for all required parking for the Development be provided on-site. 2. Valet parking will be required on-site for residents and visitors to the Property. Valet parking and the use of tandem or non-marked parking arrangements shall be permitted within the 42-space parking garage. Applicant shall provide valet parking sufficient to accommodate residential demand on-site on the Property. 3. Owner acknowledges and consents to the removal of the address range of the Property from Residential Zone Parking, by ordinance introduced by 43rd Ward Alderman Michele Smith, thus making residents of the development ineligible from having a zone number printed on a city vehicle sticker, as well as precluded from purchasing Residential Parking Daily Permits. Owner shall write into the lease or sale documents for the residential units of the development this restriction and that no letters of exception will be provided by the Alderman s office to allow for the purchase of either Residential Zone Parking or Residential Daily Permits. 4. The Owner shall be entitled to charge commercially reasonable amounts for parking. Within the bounds of commercial reasonableness, Owner shall establish rates that discourage residents of the Development from parking on the adjacent streets. 5. The Owner shall provide a minimum of three (3) electric-car charging spaces and 58 secure bicycle parking spaces. 6. Parking for guests, employees of the Property or Owner and contractors to residents of the Property shall be provided on-site or at Owner s parking garage located at 1350/1360 North Lake Shore Drive. H. Rooftop Operations. No amplified live music performances or amplified music shall be permitted on the rooftop. In the event that neighbor concerns arise in connection with music on the rooftop, Owner will work diligently with GCNA to address concerns pursuant to procedures established in Part IV(H) of this Agreement. Owner shall establish hours of operation for events taking place on the rooftop, not to extend past 11 p.m. III. Demolition, Excavation and Construction Matters A. Rat Abatement. 1. In addition to any rodent abatement requirements of the Chicago Municipal Code, at least seven (7) days prior to the commencement of demolition and excavation activities, Owner will conduct rodent abatement measures at the Property by a pest control business licensed by the State of Illinois including above-ground bait boxes around the perimeter of the site and in- EAST\

6 ground bait as physically allowable. No demolition or excavation activities shall begin until all significant rodent activity has been abated, as certified by the licensed structural pest control business. 2. Once demolition, excavation and construction has begun, Owner will maintain a clean and debris-free project site, and will maintain aboveground bait boxes around the perimeter of the site throughout the duration of the project, which must be refilled as needed. Owner will also maintain separate secured trash receptacles for food waste. 3. Upon completion of the construction of the Development, Owner will again conduct rodent abatement measures on the Property, conducted by a structural pest control business licensed by the State of Illinois, within seven (7) days of the construction s conclusion. B. Hours of Operation. Owner will make all reasonable efforts to limit the scheduling of demolition, excavation, and construction activities to Monday through Saturday from 8:00 a.m. until 6:00 p.m., provided that mobilization for such activities can occur before the stated commencement time. Extended weekday hours, extended Saturday hours, and Sunday activities will be limited to circumstances where conditions have impeded, delayed or prohibited activity during the normal workweek and such extended activity is necessary to maintain the anticipated schedule. Notwithstanding the foregoing, there shall be no limitation on construction activity (other than as provided by City of Chicago ordinances, codes and regulations) for interior construction work once the buildings or buildings in question have been closed in. C. Site Logistics. 1. Main gates and secondary gates for entering and exiting the site will be in accordance with the approved CDOT construction logistics plan (the Logistics Plan ). 2. Owner shall direct all contractors, subcontractors, and consultants to not park on nearby neighborhood streets. To the extent possible by the physical configuration of the garage, Owner shall make parking available for contractors, subcontractors, and consultants at its garage located at N Lake Shore Drive. 3. Owner will provide customary and reasonable security measures to keep the Property safe and secure during the demolition and construction periods and will keep the site secure 24 hours a day, seven days a week. 4. Loading and unloading of the site will be done in accordance with the Logistics Plan. Owner will make best efforts to stage trucks on the property but at some stages of the project a small number of trucks may need to be EAST\

7 staged in and around the Property. Unnecessary idling will be kept to a minimum. D. Dust Abatement and Vibration. 1. In addition to the requirements of the Chicago Municipal Code, Owner shall take the following steps to prevent, suppress or contain the emission of particulate matter from the site. Owner shall erect a barricade around the perimeter of the site to be maintained with a high quality finished appearance. Scaffolding and scrim or tarps will be erected where demolition procedures dictate it. 2. With respect to the properties located at 1300 North Lake Shore Drive, 1313 North Ritchie Court, 1310 North Ritchie Court, 1325 North Astor, and 1335 North Astor, Chicago, IL (the Neighboring Properties ), Owner agrees at its cost (i) to undertake a pre-construction site survey (the Preconstruction Surveys ) and make the results of that survey available to the Community Liaison (defined herein), and (ii) to undertake on-going vibration monitoring (the Vibration Monitoring ) concerning the Neighboring Properties and to make the results of the Vibration Monitoring available to the Community Liaison on a monthly basis until construction reaches grade level, provided that the respective owners, shareholders, or condominium association of Neighboring Properties authorize and provide full and unimpeded access for the purpose of conducting such survey and monitoring. Owners, shareholders, or condominium association of Neighboring Properties may also authorize property managers of the Neighboring Properties to grant access to Owner. The Owner agrees to provide in the contract of the third-party monitoring contractor that any alarm required to be reported to the City of Chicago shall concurrently be reported to the Community Liaison. 3. Owner shall cause the site surrounding the project to be cleaned every day at the conclusion of work for the day. Owner shall construct hard surface site haul routes. Owner shall establish effective vehicle cleaning and specific fixed wheel washing locations on leaving the site. Roads and alleys surrounding the site shall be washed every day as construction activity and weather dictate. All loads entering and leaving site must be covered. Owner will arrange the site to prevent runoff of water or mud. Owner will use water as dust suppressant to spray the entire site. In addition, all cutting equipment will use water as suppressant. Owner will use enclosed chutes and covered skips. 4. Owner agrees to cause construction debris to be removed from the public way around the perimeter of the site at least once per workday. Owner agrees to cause such cleaning to be performed more frequently at reasonable intervals if requested by the Alderman. EAST\

8 5. Removal of debris and general site cleanup will take place each workday. Owner will cause graffiti to be removed from the construction site. E. Communications. 1. Owner will post information regarding the project on a website which Owner shall establish for the Development, and of which Owner shall advise GCNA and the Alderman ( Website ). Owner shall also offer an sign-up option for alerts for items covered in Section E. 2. Owner shall post projected schedules for excavation and construction on the Website prior to commencement of each. Owner will give notice to the GCNA and will post on the Website at the earliest possible time, any of the aforementioned extended hours for construction activity, once such condition is known, specifying in detail the events which caused the circumstances and/or delay. 3. Owner will post notices of street closures on the affected streets, if any, and will post information on the Website and will provide the GCNA with seven (7) days advance notice of such matters. 4. Owner shall send a weekly to those that have signed up for the alert, updating those recipients of the upcoming week s anticipated construction activities and any anticipated road or alley closures or staging. Owner shall also daily updates for more significant disruptions that would impact the nearby neighbors and businesses. 5. Owner will appoint a single community liaison representative ( Owner Representative ) who has authority to halt construction activities and who will be available on a 24/7 basis to receive and respond to issues and complaints. 6. The GCNA agree to appoint a community liaison (the Community Liaison ) to be designated by Alderman Michele Smith. The Community Liaison will meet monthly with the Owner Representative to discuss the status of demolition, construction and other activities at the site. 7. Owner will post prominently at the site (in a size that is visible from an automobile) telephone contact information for the Owner Representative and Owner. F. Estimated Construction Timeframes. The Owner will use commercially reasonable efforts to proceed with all excavation and construction activity in a diligent manner and in accordance with the time frames permitted in the Planned Development. The Owner currently estimates that excavation and construction activity for the Development will take approximately twenty (20) months to complete. These proposed construction EAST\

9 IV. General Provisions timeframes will be updated on the Website set forth in paragraph III.E.1. The parties acknowledge that the foregoing estimate represents the Owner s best estimate as to construction timing and is not to be deemed an agreement with respect to such matters, it being acknowledged that excavation and construction matters are intrinsically complex for a project of this magnitude and may further be subject to delays and changes beyond Owner s control. A. This Agreement shall be recorded against, and shall run with, the Property and shall be binding upon the Owner and its successors, assigns, mortgagees, lenders, agents, licensees, lessees, operators, invitees, and representatives, and permanent and temporary occupants of the Property, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them (collectively, Owner ). The obligations of this Agreement concerning demolition and construction activity shall also apply to all contractors and subcontractors of Owner. All present and future owners, tenants, occupants or grantees of any portion of the Property shall be subject to, and shall comply with, the provisions of this Agreement. Acceptance of a deed of conveyance, or the entering into of a lease, or the entering into occupancy of any building on the Property shall constitute an agreement that the provisions of this Agreement, as it may be amended from time to time, are accepted and ratified by such owner, tenant, occupant, or grantee, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person or entity having at any time any interest or estate therein, as though such provision were recited and stipulated at length in each and every deed, conveyance or lease thereof. B. The obligations of this Agreement concerning demolition and construction activity shall also apply to all contractors and subcontractors of Owner. C. This Agreement shall be recorded with the Cook County Recorder of Deeds immediately upon execution of this Agreement, and all contracts and deeds of conveyance relating to the Property, or any part thereof, shall be subject to the provisions of this Agreement. D. The parties hereto shall execute such documents as reasonably necessary to evidence the obligations herein, or the release of such obligations and such documents as executed shall be in recordable form and may be recorded in the Office of the Cook County Recorder of Deeds. E. Nothing herein shall be construed to grant to any person or persons the right to enter upon any part of the Property. All rights of entry by the public shall be established from time to time by the Owner, its successors and assigns, in the exercise of its discretion. F. This Agreement shall run with and bind the Property; provided, however, that the GCNA may release this Agreement at any time by resolution. If any of the EAST\

10 privileges or rights created by this Agreement would otherwise be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. G. Owner shall have the right to petition the City for interpretations and determinations under, and minor, administrative amendments to the Final PD Ordinance. Should minor or administrative amendments be made to the Final PD Ordinance, said administrative relief or minor change shall not be considered to violate any provision of this Agreement. H. Disputes under this Agreement shall first be brought to the Community Liaison for resolution. If not remedied within thirty (30) days, upon written notice, any party hereto may require all parties hereto to submit to non-binding mediation to attempt to resolve any alleged defaults or disputes hereunder, which mediation shall occur within sixty (60) days of such notice. The mediator shall be acceptable to all parties. Such mediation shall not limit any other rights and remedies available hereunder. Unless expressly provided to the contrary in this Agreement, each and every one of the rights and remedies and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. The enforcement by specific performance limitation herein, shall not be construed to preclude any rights or remedies existing apart from this Agreement, including, without limitation, claims for money damages arising from negligence or other tort, contract, or statutory claims that are not based on a claim of noncompliance with the terms of this Agreement. I. In the event that either Party is required to take action to enforce any provision of this Agreement and is successful in securing enforcement or damages, the prevailing Party shall be entitled to reimbursement for all costs and expenses, including, without limitation, reasonable attorney s fees, incurred in connection with such action. The GCNA shall be entitled to seek injunctive relief to enforce this Agreement. J. Should an amendment of this Agreement be required, any such amendment shall be approved in writing by Owner and the GCNA. No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective unless and until such change is reduced to writing and (i) executed and properly approved by the GCNA, pursuant to all applicable statutory procedures, and (ii) executed by the Owner, or the then- current owner of the Property. EAST\

11 K. The GCNA shall be under no obligation to exercise any of the rights granted to them in this Agreement except as they shall determine to be in their best interest from time to time. The failure of the GCNA to exercise at any time any such rights shall not be deemed or construed as a waiver thereof, nor shall such failure void or affect their rights to enforce such rights or any other rights. L. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not conflicts of law rules, of the State of Illinois. M. If any provision of this Agreement is construed or held to be void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but shall remain in full force and effect. The unenforceability of any provision of this Agreement shall not affect the enforceability of that provision in any other situation. N. No Third Party Beneficiary. This Agreement shall not confer any rights or remedies upon any person other than the parties hereto and their respective beneficiaries, successors and permitted assigns and no claim as a third party beneficiary under this Agreement by any person shall be made, or be valid. O. Notices. If at any time it is necessary or permissible to give any notice under the terms of this Agreement to either party hereto, such notice shall be deemed to have been given or served when presented personally or deposited in United States mail, registered or certified, postage prepaid, or sent by electronic mail, addressed as follows: EAST\

12 If to Owner: With a copy to: If to GCNA: With a copy to: With a copy to: 1350 Lake Shore Associates c/o Draper and Kramer 55 E. Monroe Street, Suite 3900 Chicago, IL Attn: Forrest D. Bailey DLA Piper LLP (US) 444 West Lake Street Suite 900 Chicago, IL Attn: Ted Novak Gold Coast Neighbors Association PO Box Chicago, IL UNITED STATES Attn: President 43 rd Ward Alderman 43rd Ward Office 2523 N. Halsted St. Chicago, IL rd Ward Alderman City Hall 121 N. LaSalle St. Chicago, IL Either party may change the address to which notice is to be given to it by giving written notice thereof to the other party hereto not less than fifteen (15) days prior to the effective date of change. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. [SIGNATURE PAGE FOLLOWS] EAST\

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17 EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOTS 5 TO 10, INCLUSIVE, IN BLOCK 2, AND LOTS 2 AND 3 IN BLOCK 1 AND VACATED STONE STREET LYING BETWEEN BLOCKS 1 AND 2 AFORESAID (EXCEPT THAT PART OF SAID LAND INCLUDED IN LAKE SHORE DRIVE AS NOW LOCATED) TAKEN AS A TRACT AND DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 2, FEET; THENCE EAST ON A LINE 100 FEET DUE SOUTH AND PARALLEL TO THE NORTH LINE OF SAID BLOCK 2, 100 FEET; THENCE SOUTH ON A LINE PARALLEL TO THE WEST LINE OF LOT 5 IN SAID BLOCK 2, FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE EAST ON THE SOUTH LINE OF SAID LOT 5, AND THE SOUTH LINE OF SAID LOT 5 EXTENDED EAST, FEET TO THE WESTERLY LINE OF LAKE SHORE DRIVE; THENCE NORTHERLY ON THE WESTERLY LINE OF LAKE SHORE DRIVE, FEET TO THE SOUTH LINE OF EAST BANKS STREET, AND THE NORTH LINE OF BLOCK 2 AFORESAID, EXTENDED EAST; THENCE WEST ON THE SOUTH LINE OF EAST BANKS STREET, FEET TO THE POINT OF BEGINNING, ALL IN H.O. STONES SUBDIVISION OF ASTOR'S ADDITION TO CHICAGO IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3, TOWNSHIP 39 NORTH, RANGE 14 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PINS: Property commonly known as: 61 East Banks Street, Chicago, IL EAST\

18 EAST\ EXHIBIT B FINAL PLANNED DEVELOPMENT ORDINANCE

19 ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. That the Chicago Zoning Ordinance be amended by changing all of the RM-6 Multi-Unit Residential District symbols and indications as shown on Map 3-E in the area bounded by: North Ritchie Court, East Banks Street, North Lake Shore Drive, a line feet south of and parallel to East Banks Street, a line 100 feet east of and parallel to North Ritchie Court, and a line feet south of and parallel to East Banks Street to those of a Residential Planned Development which is hereby established in the area above described, subject to such use and bulk regulations as are set forth in the Plan of Development herewith attached and made a part thereof and to no others. SECTION 2. This Ordinance shall be in force and effect from and after its passage and publication. Address: EAST\ East Banks Street / North Ritchie Court / North Lake Shore Drive

20 Applicant: Address: Introduced: May 24, 2017 Plan Commission: June 15, 2017 EAST\ RESIDENTIAL PLANNED DEVELOPMENT NO. PLANNED DEVELOPMENT STATEMENTS 1. The area delineated herein as Planned Development Number, ( Planned Development ) consists of approximately 25,431 square feet of property which is depicted on the attached Planned Development Boundary and Property Line Map (the Property ) Lake Shore Associates is the owner of the Property and the Applicant for this Planned Development. 2. The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Applicant, its successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors. All rights granted hereunder to the Applicant shall inure to the benefit of the Applicant s successors and assigns and, if different than the Applicant, the legal title holder and any ground lessors. Furthermore, pursuant to the requirements of Section of the Chicago Zoning Ordinance (the Zoning Ordinance ), the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development, shall be under single ownership or designated control. Single designated control is defined in Section of the Zoning Ordinance. 3. All applicable official reviews, approvals or permits are required to be obtained by the Applicant or its successors, assignees or grantees. Any dedication or vacation of streets or alleys or grants of easements or any adjustment of the right-of-way shall require a separate submittal to the Chicago Department of Transportation ( CDOT ) on behalf of the Applicant or its successors, assigns or grantees. Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Plans (defined below). Ingress or egress shall be pursuant to the Plans and may be subject to the review and approval of the Department of Planning and Development ( DPD ) and CDOT. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval of CDOT. All work proposed in the public way must be designed and constructed in accordance with CDOT Standards for Work in the Public Way and in compliance with the Municipal Code of the City of Chicago. Prior to the issuance of any Part II approval, the submitted plans must be approved by CDOT. 4. This Planned Development consists of these 15 Statements, a Bulk Regulations and Data Table and the following exhibits and plans attached hereto prepared by Booth Hansen Architects and dated June 15, 2017 (the Plans ): a Zoning Map; an Existing Land-Use Map; a Planned Development Boundary and Property Line Map; a Site Plan; a Landscape Plan; a Green Roof Plan; and Building Elevations (North, South, East and West). In any instance where a provision 1350 Lake Shore Associates East Banks Street / North Ritchie Court / North Lake Shore Drive, Chicago, Illinois 60610

21 of this Planned Development conflicts with the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Zoning Ordinance, and all requirements thereof, and satisfies the established criteria for approval as a Planned Development. In case of a conflict between the terms of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control. 5. The following uses are permitted in the area delineated herein as a Residential Planned Development: Multi-Family Residential Units on and above the ground floor; Co-located Wireless Communication Facilities; accessory parking and accessory and related uses. 6. On-Premise signs and temporary signs, such as construction and marketing signs, shall be permitted within the Planned Development, subject to the review and approval of DPD. Off- Premise signs are prohibited within the boundary of the Planned Development. 7. For purposes of height measurement, the definitions in the Zoning Ordinance shall apply. The height of any building shall also be subject to height limitations, if any, established by the Federal Aviation Administration. 8. The maximum permitted Floor Area Ratio ( FAR ) for the Property shall be in accordance with the attached Bulk Regulations and Data Table. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted FAR identified in the Bulk Regulations and Data Table has been determined using a Net Site Area of 25,431 square feet and a base FAR of Upon review and determination, Part II Review, pursuant to Section of the Zoning Ordinance, a Part II Review Fee shall be assessed by DPD. The fee, as determined by staff at the time, is final and binding on the Applicant and must be paid to the Department of Revenue prior to the issuance of any Part II approval. 10. The Site and Landscape Plans shall be in substantial conformance with the Landscape Ordinance and any other corresponding regulations and guidelines. Final landscape plan review and approval will be by DPD. Any interim reviews associated with site plan review or Part II reviews, are conditional until final Part II approval. 11. The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners of the Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section of the Municipal Code, or any other provision of that Code. 12. The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant to section A of the Zoning Ordinance by the Zoning Administrator upon the application for such a modification by the Applicant, its Applicant: Address: Introduced: May 24, 2017 Plan Commission: June 15, 2017 EAST\ Lake Shore Associates East Banks Street / North Ritchie Court / North Lake Shore Drive, Chicago, Illinois 60610

22 successors and assigns and, if different than the Applicant, the legal title holders and any ground lessors. 13. The Applicant acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor s Office for People with Disabilities to ensure compliance with all applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility. 14. The Applicant acknowledges that it is in the public interest to design, construct, renovate and maintain all buildings in a manner that provides healthier indoor environments, reduces operating costs and conserves energy and natural resources. The Applicant shall obtain the number of points necessary to meet the requirements of the Chicago Sustainable Development Policy, in effect at the time the Part II review process is initiated, for each improvement that is subject to the aforementioned Policy and must provide documentation verifying compliance. 15. This Planned Development shall be governed by Section of the Zoning Ordinance. Should this Planned Development ordinance lapse, the Commissioner of DPD shall initiate a Zoning Map Amendment to rezone the property to the RM-6 Multi-Unit Residential District. Applicant: Address: Introduced: May 24, 2017 Plan Commission: June 15, 2017 EAST\ Lake Shore Associates East Banks Street / North Ritchie Court / North Lake Shore Drive, Chicago, Illinois 60610

23 RESIDENTIAL PLANNED DEVELOPMENT NO. BULK REGULATIONS AND DATA TABLE Gross Site Area (sf): 46,577 Area of Public Rights-of-Way (sf): 21,146 Net Site Area (sf): 25,431 Maximum Floor Area Ratio: Maximum Number of Dwelling Units: 58 Minimum Off-Street Parking Spaces: 42 Minimum Off-Street Loading Spaces: 1 Maximum Building Height: Minimum Setbacks: In conformance with the Plans In conformance with the Plans Applicant: Address: Introduced: May 24, 2017 Plan Commission: June 15, 2017 EAST\ Lake Shore Associates East Banks Street / North Ritchie Court / North Lake Shore Drive, Chicago, Illinois 60610

24 N LAKE SHORE DRIVE N LAKE SHORE DRIVE SOCIETY OF ARCHITECTURAL HISTORIANS 3 STORY SINGLE FAMILY E. SCHILLER STREET 21 STORY MULTIFAMILY 5 STORY MULTIFAMILY 23 STORY MULTIFAMILY 14 STORY MULTIFAMILY 3 STORY MULTIFAMILY N LAKE SHORE DRIVE 30 STORY MULTIFAMILY 15 STORY MULTIFAMIL Y 23 STORY MULTIFAMILY LAKE MICHIGAN E. BANKS STREET 14 STORY MULTIFAMILY DEVELOPMENT SITE 3 STORYSINGLE FAMILY N ASTOR STREET 31 STORY MULTIFAMIL Y N. RITCHIE COURT 30 STORY MULTIFAMILY 14 ST. MULTIFAMILY E GOETHE STREET 41 STORY 28 STORY MULTIFAMILY MULTIFAMILY 4 STORY SINGLE FAMILY 3 STORY SINGLE FAMILY 15 STORY MULTIFAMILY GOUDY SQUARE PARK 8 STORY MULTIFAMILY 4 STORY SINGLE FAMILY 4 STORY MULTIFAMILY 27 STORY MULTIFAMILY EXISTING LAND USE MAP APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-01

25 N. RITCHIE COURT (2 WAY) TOTAL GROSS PLANNED DEVELOPMENT SITE AREA: TOTAL NET SITE AREA: TOTAL AREA IN RIGHT-OF-WAY: 46,577 SF 25,431 SF 21,146 SF E. BANKS (2 WAY) 305.8' PD BOUNDARY GROSS PLANNED DEVELOPMENT AREA PL ' GROSS SITE AREA 132.9' PD BOUNDARY 155.9' PD BOUNDARY PL ' ' PL ' PL 134.3' PD BOUNDARY PL 20.94' ' PL 20.9' PD BOUNDARY 190.9' PD BOUNDARY N. LAKE SHORE DRIVE (2 WAY) 28 STORY BLDG, NIC EXISTING 41 STORY BLDG, NIC PLANNED DEVELOPMENT BOUNDARY AND PROPERTY LINE MAP APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-02

26 ZONING MAP APPLICANT: PROJECT ADDRESS: INTRODUCTION DATE: PLAN COMMISSION DATE: 1350 LAKE SHORE ASSOCIATES N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, MAY 24, 2017 JUNE 15, 2017 SHEET PD-03

27 16'-6" EXISTING DIVVY BIKE STATION ADDRESSING SIGNAGE NEW ADA RAMP EXISTING STOP SIGN 6' - 0" SIDEWALK E. BANKS STREET (TWO WAY TRAFFIC) 220'-11" 3'-8" 3'-8" 3'-8" 38' 30'-6" 4' 30'-6" 23'-6" 13'-11" 78' 9'-10" 20' 22'-10" 24'-5" 34'-6" 25'-3" 25'-2" 8' 6'-2" 9'-2" 5' 14'-9" 14'-9" 14'-9" 14'-9" 5'-10" 26'-9" 11'-5" EXISTING CALL BOX EXISTING STOP SIGN NEW ADA RAMP PROP. LINE 16'-9" EXISTING STREET LIGHT MAIN ENTRANCE 31'-3" N. RITCHIE COURT RAMP TO PARKING GARAGE (BSMT) 46'-1" 19' 24' 10'-9" 108'-7" PROP. LINE 6' - 0" SIDEWALK RAMP SLOPES UP PROP. LINE 61 E. BANKS PROPOSED 8 STORY RESIDENTIAL BUILDING LOADING AREA PROP. LINE 3'-11" 13'-1" 14'-11" 121'-11" N. LAKE SHORE DRIVE EXISTING BUS STOP SHELTER 2'-4" 23'-3" EXISTING TREES TO REMAIN OUTDOOR TERRACE OUTDOOR TERRACE EXISTING 28 STORY BLDG EXISTING 41 STORY BLDG PROP. LINE EXISTING STREET LIGHT LANDSCAPE PLAN APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-04

28 LINE OF TRELLIS ABOVE MECHANICAL CONDENSERS MECHANICAL AREA FITNESS LIBRARY COMMUNITY ROOM MECH. SCREENED FENCE VEGETATED MAT GREEN ROOF AREA GREEN ROOF AREA CALCULATION GROSS ROOF AREA: 14,520 SF LESS MECHANICAL AREA: 1,050 SF NET ROOF AREA: 13,470 SF 50% NET ROOF: 6,735 SF SF (LESS 10% ALLOWABLE HARDSCAPE) TOTAL REQUIRED: 6,062 SF ACTUAL GREEN ROOF PROVIDED : 7,383 SF (ROOF LVL + PENTHOUSE GREEN ROOF) TRELLIS COLUMNS W 6 X 8.5, TYP. METAL PLANTERS WITH PERENNIALS AND GROUNDCOVER LINE OF TRELLIS ABOVE GREEN ROOF PLAN APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-05

29 181' - 6" 24' - 11" TO PL 73' - 1" 34' - 8" 73' - 9" 14' - 7" TO PL 24' - 8" NEW CURB CUT 18' - 8" NEW DRIVE AISLE WITH PERMABLE PAVERS (NO SURFACE PARKING) 6' - 0" SIDEWALK EXISTING BIKE SHARE STATION PROPERTY LINE E. BANKS STREET NEW SIDEWALK CUTS (TYP) ALL CONC. SIDEWALKS TO BE REPLACED NEW LANDSCAPED AREA (TYP) 5' - 6" 19' - 9" 74' - 8" TO PL NEW SLOPED SIDEWALK TO PL N RITCHIE CT. COVERED DROP OFF CANOPY 6' - 0" SIDEWALK NEW CURB CUT 29' - 3" 24' - 0" PROPERTY LINE ONE WAY DRIVE AISLE 16' - 9" 15' - 9" 20' - 10" REAR SETBACK CONCRETE RAMP 61 E. BANKS PROPOSED 8 STORY RESIDENTIAL BUILDING LOADING AREA PROPERTY LINE NEW LOW METAL FENCE ON CURB, TYP. EXISTING LIGHT POLE & TRASH RECEPTACLE TO REMAIN LAKE SHORE DRIVE 5' - 6" 94' - 8" TO PL BAY ABOVE TYP. CONCRETE RETAINING WALL ALONG RAMP EXISTING 1313 RITCHIE COURT 28 STORY T S S GROUND LEVEL TERRACE EXISTING 1300 LAKE SHORE DRIVE 41 STORY GROUND LEVEL TERRACE PROPERTY LINE 15' - 0" FRONT SETBACK 20' - 6" TO PL SCREENED FENCE ON LIMESTONE CLAD CONCRETE RETAINING WALL NEW METAL FENCE AND GATE 19' - 10" 108' - 4" 88' - 3" TO PL 196' - 7" 18' - 10" TO PL SITE PLAN APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-06

30 ORNAMENTAL PNTD METAL BAY ASSEMBLY W/ ALUM. WINDOWS CAST STONE CORNICE PAINTED STEEL RAILING GLASS DOORS STUCCO CLAD ELEVATOR OVER RUN AND PENTHOUSE PNTD STEEL COLUMN ASSEMBLY WITH WOOD (IPE) TRELLIS OVER MECH CONDENSERS SCREEN FENCE AROUND MECHANICAL EQUIPMENT T/ ELEV OVERRUN SLAB 115' - 1" CAST STONE EXTERIOR WALL ASSEMBLY ROOF TERRACE 98' - 0" 08 LEVEL 84' - 0" 07 LEVEL 72' - 0" 06 LEVEL 60' - 0" 05 LEVEL 48' - 0" 04 LEVEL 36' - 0" 03 LEVEL 24' - 0" 02 LEVEL 12' - 0" 01 LEVEL 0" F.D. SIAMESE CONECTION 73' - 9" STONE INFILL PANELS AND WINDOW SURROUND, TYP. 34' - 8" 181' - 6" PNTD. STEEL ENTRY CANOPY ORNAMENTAL PNTD. STEEL RAILINGS AT RAISED TERRACE 42" A.F.F. 73' - 1" GARAGE VENTILATION LOUVER W/ DECORATIVE SCREEN ALUMN. CLAD WD. WINDOW SYSTEM W/ STONE SURROUND NORTH ELEVATION APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-07

31 PNTD STEEL AND COLUMN ASSEMBLY WITH WOOD (IPE) TRELLIS STUCCO CLAD ELEVATOR OVER RUN AND PENTHOUSE FENCE SURROUNDING MECHANICAL EQUIPMENT PAINTED STEEL RAILING T/ ELEV OVERRUN SLAB 115' - 1" 10 PENTHOUSE T/STEEL 108' - 1" ROOF TERRACE 98' - 0" CAST STONE COPING PNTD METAL BAY ASSEMBLY W/ ALUM WINDOWS 08 LEVEL 84' - 0" ALUM. WINDOW SYSTEM W/ OPERABLE CASEMENT UNITS AND CAST STONE SURROUND 07 LEVEL 72' - 0" CAST STONE WALL ASSEMBLY 06 LEVEL 60' - 0" 05 LEVEL 48' - 0" 04 LEVEL 36' - 0" PNTD STEEL ENTRY CANOPY 03 LEVEL 24' - 0" ORNAMENTAL PAINTED STEEL RAILINGS 42" A.F.F. CAST STONE MONUMENT SIGN 02 LEVEL 12' - 0" STONE BASE - CAST STONE 01 LEVEL 0" ENTRY VESTIBULE F.D. SIAMESE CONECTION 5' - 6" 74' - 8" 20' - 0" OVERHEAD SECTIONAL GARAGE DOOR WITH GLASS LITES WEST ELEVATION APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-08

32 ORNAMENTAL PNTD METAL BAY ASSEMBLY W/ ALUM. WINDOWS CAST STONE CORNICE SCREEN FENCE AROUND MECHANICAL EQUIPMENT PNTD STEEL COLUMN ASSEMBLY WITH WOOD (IPE) TRELLIS OVER MECH CONDENSERS PAINTED STEEL RAILING CAST STONE WINDOW SURROUND STUCCO CLAD ELEVATOR OVER RUN AND PENTHOUSE GLASS DOORS PNTD STEEL COLUMNS WITH WOOD (IPE) TRELLIS ALUMN. WINDOW SYSTEM W/ OPERABLE AWNING UNITS AND CAST STONE SURROUND T/ ELEV OVERRUN SLAB 115' - 1" CAST STONE VENEER EXTERIOR WALL ASSEMBLY ROOF TERRACE 98' - 0" 08 LEVEL 84' - 0" 07 LEVEL 72' - 0" 06 LEVEL 60' - 0" 05 LEVEL 48' - 0" 04 LEVEL 36' - 0" 03 LEVEL 24' - 0" GARAGE VENTILATION LOUVER W/ DECORATIVE 02 LEVEL MTL. SCREEN 12' - 0" EXTERIOR BASEMENT EXIT STAIR 01 LEVEL 0" 108' - 6" OVERHEAD SECTIONAL DOOR AT LOADING DOCK ORNAMENTAL PAINTED STEEL RAILINGS AT BALCONIES 88' - 3" ALUMN. WINDOW + DOOR SYSTEM W/ CAST STONE SURROUND GARDEN WALL - CAST STONE 196' - 7" SOUTH ELEVATION APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-09

33 STUCCO CLAD ELEVATOR OVER RUN AND PENTHOUSE T/ ELEV OVERRUN SLAB 115' - 1" PNTD STEELCOLUMN ASSEMBLY WITH WOOD (IPE) TRELLIS ROOF TERRACE 98' - 0" ORNAMENTAL PNTD METAL BAY ASSEMBLY W/ ALUM. WINDOW CAST STONE TRIM 08 LEVEL 84' - 0" ALUM. WINDOW SYSTEM W/ OPERABLE CASEMENT UNITS 07 LEVEL 72' - 0" CAST STONE EXTERIOR WALL ASSEMBLY 06 LEVEL 60' - 0" 05 LEVEL 48' - 0" 04 LEVEL 36' - 0" CAST STONE SURROUND AT ALUM. WINDOW SYSTEM BASE - CAST STONE 03 LEVEL 24' - 0" GARDEN WALL - CAST STONE PNTD. STEEL GATE AND FENCE 02 LEVEL 12' - 0" 01 LEVEL 0" 13' - 8" 95' - 10" EAST ELEVATION APPLICANT: 1350 LAKE SHORE ASSOCIATES PROJECT ADDRESS: N. RITCHIE CT / E. BANKS / N. LAKE SHORE DR, CHICAGO, IL, INTRODUCTION DATE: MAY 24, 2017 PLAN COMMISSION DATE: JUNE 15, 2017 SHEET PD-10