Community Agreement
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Document Prepared by and returned to: ___________________ ___________________ ___________________ ___________________ PINS: COMMUNITY AGREEMENT This Community Agreement (“Agreement”) is made this day __________of ____________________, 2015 and is by and between McCaffery Interests, Inc., and its designees and/or assignees, an Illinois corporation (“Owner”), the Lincoln Central Association, an Illinois not-for-profit association, the Sheffield Neighborhood Association, an Illinois not-for-profit association, the Wrightwood Neighbors Conservation Association, an Illinois not-for-profit association, and the Lincoln Park Chamber of Commerce, an Illinois not-for-profit corporation (collectively, the “Neighborhood Associations”). 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 Neighborhood Associations agree that the Property, as hereinafter defined, and all portions thereof are and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants hereinafter set forth. I. Recitals A. The Owner is the legal title owner of the property located at 2301-2377 North Lincoln Avenue, 2316-2356 North Lincoln Avenue, 2337-2353 North Halsted Street, 701-756 West Fullerton Avenue, and 2304-2420 North Orchard Avenue, and legally described in Exhibit “A” attached hereto and by this reference, made a part of this Agreement (“Property”). B. The Property sits on 6.04 acres of land bounded by Lincoln Avenue, Halsted Street and Fullerton Avenue with portions of the Property extending north of Fullerton Avenue onto Orchard Street in the City of Chicago (“City”). C. The existing Property is improved with buildings that make up the former Children’s Memorial Hospital (“Hospital”). D. Pursuant to the City of Chicago Zoning Ordinance (“Ordinance”), the Property is Institutional Planned Development 158, as amended (“PD 158”), which was intended to serve the needs of the Hospital prior to its departure to 225 East Chicago Avenue, Chicago, Illinois. E. Owner proposes to construct a mixed-use development on the Property as further described in Exhibit “B” attached hereto and by this reference, made a part of this Agreement (“Proposed Planned Development 158, as amended”, along with accompanying Exhibits). 1 F. Certain portions of the Proposed Development are not permitted in the existing PD 158 and therefore Owner would like to amend PD 158 so that it becomes a residential-business planned development (“PD 158, as amended”). G. Owner filed an Application for An Amendment to the Chicago Zoning Ordinance on or around July 16, 2012 to amend PD 158 in order to permit the uses in the Proposed Development. H. The Lincoln Central Association was established in 1959 under the Illinois Not for Profit Corporation Act and was organized to advocate for the improvement and preservation of the Lincoln Central neighborhood. The Lincoln Central Area is bounded by Halsted Street, Lincoln Avenue, North Avenue and the previously vacated Ogden Avenue. I. The Sheffield Neighborhood Association was established in 1959 under the Illinois Not for Profit Corporation Act and exists for the purpose of improving the Sheffield community. The Sheffield community is part of Chicago’s Lincoln Park neighborhood. It is bounded by Armitage Avenue on the south, Fullerton Avenue on the north, Halsted Street on the east, and the Chicago River on the west. The Association is comprised of all neighborhood interests – residential, commercial, industrial, and institutional alike. J. The Wrightwood Neighbors Conservation Association was established in 1963 under the Illinois Not for Profit Corporation Act and was organized to preserve and enhance the vibrant quality of life for all who live, work and play in the Wrightwood neighborhood. The Wrightwood Neighborhood is bounded by Diversey Avenue to the north, Lakewood Avenue to the west, Fullerton Avenue to the South and Halsted Street to the east. K. The Lincoln Park Chamber of Commerce was established in 1947 under the Illinois Not for Profit Corporation Act and is committed to supporting the Lincoln Park business community. The Lincoln Park Chamber of Commerce’s boundaries include Diversey to the north, North Avenue to the south, Lake Michigan to the east, and the Kennedy Expressway to the west. L. Owner, the Alderman, and the Neighborhood Associations have held numerous meetings on various dates since August 9, 2011, including four larger all-community meetings. During these meetings Owner presented to the Neighborhood Associations and the community the elements of the Proposed Development and PD158, as amended. M. The Neighborhood Associations require assurance that the Owner will develop and use the Property as set forth in this Agreement and as set forth in that certain PD 158, as amended, which is attached hereto as Exhibit “B” and by this reference made a part of this Agreement. N. To provide such assurances in a legally binding and enforceable manner, the Owner and the Neighborhood Associations have agreed to execute, record, and be bound by this Agreement. II. Zoning A. The Owner acknowledges that notwithstanding the uses and rights that may otherwise be applicable to the Property within the PD 158 zoning classification, the Property shall be subject to this Agreement. B. The Term of this Agreement shall be for a period of thirty (30) years from the date of execution. 2 C. In consideration for the commitments of Owner contained herein, the Lincoln Central Association, Sheffield Neighborhood Association, Wrightwood Neighbors Conservation Association, and the Lincoln Park Chamber of Commerce do hereby agree to support Owner’s Proposed Development and PD 158, as amended, attached hereto as Exhibit B. Such support shall include, if requested by Owner, appearances by at least one Neighborhood Association Representative, as hereinafter defined, 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 Proposed Development. D. Notwithstanding the foregoing, this Agreement is contingent upon Owner “Commencing Construction” of the Proposed Development within six (6) years of the date of this Agreement first written above. “Commencing Construction” shall be defined as site mobilization which includes erection of the construction contractor trailer, securing the site with fencing, and/or moving of equipment onto the site. If Owner shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of weather, strikes, lockouts, labor troubles, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God, or other reason of a like nature not the fault of Owner then Owner shall not be responsible for meeting any timeline stated in this Agreement. E. The uses as described in Planned Development Statement 5 of PD 158, as amended, shall be allowed uses at the Property. The definitions of these uses shall be as defined in the Ordinance. The Owner acknowledges and agrees that any change to the uses above would not constitute a minor change pursuant to Section 17-13-0611-A or Statement 12; but, instead may only be approved pursuant to Section 17-13-0611-B. F. Owner shall endeavor to secure a mix of 80% national and 20% local/regional retailers. III. Property Development and Operations Notwithstanding any use, bulk regulation, or development right 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. Building Bulk. Owner shall develop the Property in a manner consistent with PD 158, as amended, 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 PD 158, as amended, PD 158, as amended, shall govern and control. Nothing herein shall be construed to prohibit construction of the improvements permitted by PD 158, as amended. B. Appearance. The total allowable square footage, the total allowable square footage attributable to retail and/or commercial use, the maximum height, and the total number of residential units within the Proposed Development shall not exceed those contained in the Bulk Regulations and Data Table contained in PD 158, as amended. The exterior elevations of all buildings shall be materially as depicted in PD 158, as amended, attached hereto as Exhibit B. 3 C. Outdoor Space. Owner has committed to make the following improvements to the outdoor space, as shown in the Central Plaza Site and Landscape Plan of Exhibit B and described below: 1. Central Plaza: The Central Plaza will be an open space within the new development. The approximate one-half acre space, located in the center of the site along Lincoln Avenue, is surrounded on three sides with active retail facades and appropriate sidewalk widths and streetscapes. The space will feature mature trees and landscaping, accent paving, outdoor furniture, sculpture, lawns and a water feature. The space will be a pedestrian open space that is accessible by vehicles by means of a one-way roadway along with short-term parking. 2. Orchard Plaza: The Orchard Plaza will include a landscaped children’s playground area located along Orchard Street, opposite Kemper Place. The children’s playground will be encircled with a decorative fence and will also contain outdoor seating, mature trees, accent paving and landscaping. 3. Fullerton Plaza: The Fullerton Plaza will be a landscaped open space that will celebrate the history of Children’s Memorial Hospital in Lincoln Park. This open space will be highlighted with mature trees and landscaping, outdoor furniture, accent paving and two water features. The space will also include artwork. 4. Rooftop Space: The lower roof area of Building A-1 will be developed as a green roof to help meet the requirement that all new buildings within the development shall provide 50% of the roof area as green roofs.