SPECIAL MEETING

the height of any improvements shall also be subject to height limitationsas approved by the Federal Aviation Administration.

For purposes of floor area, floor area ratio ("F.A.R.") and building heightcalculations, the definitions of the Chicago Zoning Ordinance in effect asof the date hereof shall apply; provided, however, that in addition to theother exclusions from floor area for purposes of determining F.A.R.permitted by the Chicago Zoning Ordinance, such floor area shall notinclude (a) all floor area devoted to mechanical equipment whichexceeds five thousand (5,000) square feet, and (b) all floor areaassociated with parking and loading areas. The calculation of F.A.R.shall be made based on the net site area of the Planned Development. Inaddition, the calculation of any building height shall not include elevatorshafts, ingress/egress towers, mechanical penthouses and enclosures,telecommunications facilities or architectural design elements such asspires.The Planned Development will conform to the Plans and is intended toinclude five (5) separate primary components containing (a) a big boxretail use, (b) a theater use, (c) housing for elderly persons, (d) rentalapartments, and (e) space for small retail, service and other commercialuses. Subject in all cases to the Plans and the other statements, terms,regulations and provisions of this Planned Development, the Applicantshall have the right to designate subareas (which may include air-rightsparcels) within the Planned Development from time to time in order topromote orderly development, to facilitate financing, acquisition, leasingor disposition of the Property or relevant portions thereof, to designatezoning control or to otherwise administer this Planned Development. Thedesignation and redesignation of subareas shall not in and of itself requirean amendment or minor change to this Planned Development; provided,however, Applicant shall provide notice of all material terms of any suchdesignation to the Department of Planning and Development, including thedesignated area and bulk regulations that will apply in any such subarea,for said Department's administrative purposes to facilitate Part I1 reviewfor any such designated subarea. In furtherance of the foregoing, and inall cases subject to compliance with the other statements, terms,regulations and provisions of this Planned Development, the Applicantmay allocate or assign the development rights under this PlannedDevelopment to and among the designated subareas, including, but notlimited to, floor area

and

F.A.R., signage, building height and parking;provided, however, that the limitations set forth in the Bulk Regulationsand Data Table and the Plans identified in statement

applicable to theentirety of the Planned Development shall not be exceeded or increased

asa

result of any such designation(s).

All work proposed in the public way must be designed and constructed inaccordance with the Chicago Department of Transportation ConstructionStandards for Work in the Public Way and in compliance with theMunicipal Code of the City of Chicago. Any changes to ingress and egress

depicted in the Plans and as set forth below shall be subject to thereview and approval of the Department of Transportation and theDepartment of Planning and Development. Off-street parking and loadingfacilities shall be provided in compliance with this Planned Development.

minimum of two percent

(2%)

all

parking spaces provided pursuantto this Planned Development shall be designated and designed for parkingfor the handicapped.The requirements of the Planned Development may be modifiedadministratively by the Commissioner of the Department of Planning andDevelopment (the "Commissioner") upon application and a determinationby the Commissioner that such modification is minor, appropriate andconsistent with the nature of the improvements contemplated by thisPlanned Development and the purposes underlying the provisions hereof.Any such modification of the requirements of the Planned Development bythe Commissioner shall be deemed to be

minor change in the PlannedDevelopment

contemplated by Section

17.13-06

of the ChicagoZoning Ordinance. Notwithstanding the provisions of Section

17- 3-06

of the Chicago Zoning Ordinance, such minor changes may include

reduction of the minimum required distance between structures,

reduction of periphery setbacks, an increase of the maximum percent ofland covered and changes to the location, size or display of signage. It isacknowledged that the demising walls for the interior spaces areillustrative only and that the location and relocation of demising walls ordivision of interior spaces shall not be deemed to require any furtherapprovals pursuant hereto.

13.

The Chicago Transit Authority (the "C.T.A.") shall have the right to reviewproposed changes to subareas or modifications to the PlannedDevelopment related to portions of the Property that the C.T.A. owns toconfirm that such changes or modifications do not adversely affect theC.T.A.'s operation or maintenance of C.T.A. facilities located on theProperty.

14.

The Applicant acknowledges that it

in the public interest to design,construct and maintain all buildings in

manner which promotes andmaximizes the conservation of natural resources. Notwithstandinganything to the contrary on the Plans, the Applicant shall design,construct and maintain all buildings located on the Property in

mannergenerally consistent with the requirements of the City of Chicago'sBuilding GreenIGreen Roof Matrix in effect as of the date of approval of

SPECIAL

MEETINGthis Planned Development. The components of the proposedimprovements containing rental apartments and housing for elderlypersons will adhere to the Green Criteria that have been adopted by theDepartment of Housing asof the date of approval of this PlannedDevelopment. If the number of affordable dwelling units falls below twentypercent (20%) of the total number of dwelling units in the PlannedDevelopment, then the green requirement will be that

fifty

percent (50%)of the net area of the roof will be covered in vegetation (i.e. green roof) orthe buildings will be L.E.E.D. Certified. Retail space in excess of tenthousand (10,000)square feet will be required to have seventy-five percent(75%) f its net roof area covered in vegetation, or

fifty

percent (50%)of itsnet roof area covered in vegetation

its building is L.E.E.D. Certified.When the vehicular use area in the Broadway public right-of-way adjacentto the Planned Development is widened the landscaped area shown on theLandscape Plan shall be reduced as required to accommodate suchwidening.The Applicant acknowledges that it is in the public interest to design,construct and maintain the improvements of the Property in a mannerwhich promotes, enables and maximizes universal access throughout theProperty. Plans for all new buildings and improvements on the Propertyshall be reviewed and approved by the Mayor's Office for People withDisabilities ("M. .P.D.

to ensure compliance with all applicable laws andregulations related to access for persons with disabilities at the time ofapplication for a building permit.Unless substantial construction of the new buildings contemplated by thisPlanned Development has commenced within six (6) years followingadoption of this Planned Development, and unless completion of suchbuildings is pursued thereafter, then this Planned Development shallexpire.

this Planned Development expires under the provisions of thissection, then the zoning of the Property shall automatically revert to theunderlying C2-5 Motor Vehicle-Related Commercial District classification.Said six

(6)

year period may be extended for up to one (1) additional year

if,

before expiration, the Commissioner of the Department of Planning andDevelopment determines that good cause for such an extension is shown.[Existing Zoning Map; Existing Land-Use Map; Property Line andBoundary Map; Site Plan; Landscape Plan; Landscape Details;Details and Plant Palette; Building Elevations; and FirstFloor Plan referred to in these Plan of DevelopmentStatements printed on pages 41285through 41296 of this