PD #70 DEVELOPER AND OUTER DRIVE EAST AGREEMENT

This Agreement entered into as of the 8th day of February, 1993 between Illinois Center Plaza Venture, an Illinois limited partnership, ("ICPV") and The 400 Condominium Association, an Illinois not-for-profit corporation (the Association")

                     W I T N E S S E T H

WHEREAS, on September 17, 1969 the City of Chicago adopted a Residential Business Planned Development ("RBPD No. 70") which established development parameters for the property generally bounded by Wacker Drive, Lake Shore Drive, Randolph Street and Michigan Avenue (the "1969 Planned Development")

WHEREAS, the parties to this Agreement entered into an agreement memorialized in a letter from ICPV to Grorge Caleel, President of the Association dated February 5, 1979 (the "1979 Agreement"), which established certain development specifications for the property 500 feet north of the building commonly known as 400 East Randolph Street, Chicago, Illinois (the "400 Building"), east of Field Boulevard and west of Lake Shore Drive as existing on the date hereof (the "Restricted Property") in lieu of the provisions of an amendment that was adopted in 1979 to the 1969 Planned Development (the "1979 Amendment");

WHEREAS, ICPV has applied for a 1993 amendment to RBPD No. 70 as amended in 1979 (the "1993 Amendment"); and

WHEREAS, the parties to this Agreement now desire to re-state and re-affirm the 1979 Agreement and modify its provisions to reflect the adoption of the 1993 Amendment.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants of the parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows:

1. This Agreement supersedes the 1979 Agreement.

2. ICPV and the Association hereby agree that notwithstanding the provisions of the 1979 Amendment or the 1993 Amendment:

(A) Any buildings to be hereafter constructed within the southern 250 foot portion of the Restricted Property, ICPV shall comply with the site coverage limitations and off-street parking minimums of the 1969 Planned Development; and

(B) Any residential buildings to be hereafter constructed in the northern 250 foot portion of the restricted Property, ICPV shall also comply with the site coverage and off-street parking requirements of the 1969 Planned Development.

Provided, however, that any townhouses to be hereafter constructed on the Restricted Property between the Upper Level (plaza) and +30 feet above the Upper Level, ICPV may develop said townhouses in accordance with the site coverage limitations provided in the 1993 Amendment.

3. ICPV agrees to cooperate in the planning of a pedestrian traffic connection between the 400 Building and the pedestrian walkway system which will eventually be constructed when the adjacent property to the north of the 400 Building and east of Field Boulevard is developed. To that end, ICPV shall notify the Association in writing six months prior to commencement of construction of a building at such location and the Association will provide plans to ICPV of the base of the 400 Building within two months of receiving such notice. After receipt of plans of the base of the 400 Building, ICPV will direct its architect to provide for the design for the adjacent property location (s) for a pedestrian traffic connection between the 400 Building and the pedestrian walkway system. It shall be the option of the Association to elect to connect to said pedestrian walkway system.

4. ICPV hereby represents to the Association that ICPV, Metropolitan Structures and Illinois Center Corporation are the only parties presently holding an ownership interest in or purchase contracts or purchase options on the undeveloped portions of the Restricted Property. ICPV, Metropolitan Structures and Illinois Center Corporation hereby agree that the terms of this agreement shall be binding on their successors and assigns, and that in selling or leasing any portion of the Restricted Property this Agreement will be incorporated by reference in any contract for sale and deed or conveyance or lease for said property, and shall constitute a restriction thereon.

5. ICPV hereby agrees with the Association that this Agreement shall be executed in five counterparts with executed counterparts to be retained by the parties hereto and an executed counterpart to be filed with the City Council Committee on Zoning and the City of Chicago Department of Planning and Development and with one counterpart to be delivered to the Clerk of the City of Chicago.

6. Nothing in this Agreement shall be deemed to modify the effect of zoning changes enacted after due notice and hearing subsequent to the 1993 Amendment, except any zoning changes initiated or consented to by ICPV or its successors or assigns.

7. If the performance of any of the covenants herein would violate such future zoning changes, (eg. a city maximum limitation on parking which would be less than the 1969 Ordinance for residential buildings), then said covenants shall be deemed null and void from the effective date of said zoning change. However, all other covenants herein, the performance of which would not violate said zoning changes, shall remain in full force and effect.

8. Any liability of ICPV hereunder shall be collected solely from the net assets of ICPV. No partner of ICPV nor any such partner's separate property shall have any liability hereunder. A deficit capital account of a partner of ICPV shall not be deemed an asset or property of ICPV.

9. Metropolitan Structures and Illinois Center Corporation hereby represent to the Association that they have the authority to execute this Agreement as General Partners of ICPV and to bind ICPV as a result.

        IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement effective as of the day and year first above written.



                      ILLINOIS CENTER PLAZA VENTURE,
                      an Illinois limited partnership by its
                      General Partners

                       Illinois Center Corporation

                       By ________________________________
                                     President

                       Attest:

                       By ________________________________
                                     Secretary


                       Metropolitan Structures

                       By Metco Properties,
                       An Illinois limited partnership

                       By ________________________________
                                     a General Partner


                       The 400 Condominium Association, an Illinois
                        not-for-profit corporation

                        By _______________________________
                                      President

                        Attest:
              
                        By _______________________________
                                      Secretary


(bold print emphasis added by R. F. Ward,  July, 2000)

To New Eastside Forum Homepage
end of page
This plan by R.F.Ward dated 6-14-2000 would fulfill the 1979 covenant (re-signed in 1993) that required all future developers to design into their plans access to the PEDWAY for Outer Drive East that was a party to the 1969 PD 70. Magellan now has reportedly been advised by their lawyers that the cost for the "Potential Link" should now be paid for "(by others)". A 21 and/or 31 year agreement with ODE is now being threatened by Magellan. The PD 70 1969 wording was, "It shall be the responsibility of the applicant to provide continuous major pedestrian (enclosed all-weather)  walkways at the Arcade level." This wording was repeated in the 1979 PD 70 Amendment when the ODE agreement was signed. The City of Chicago Plan Commission encouraged the developer and ODE to confirm their 1979 Agreement and the above agreement was signed on February 8, 1993.
Magellan is attempting to convince Alderman Natarus and the Chicago Department of Planning that the Pedway must be built "by others" under Upper Harbor Drive. Remember the reference to the original 1969 PD 70 in the 1993 Agreement above is still relevant. Only the 1979 Agreement was superseded.
<----------------------------------Note Intermediate or                                                   Middle Harbor Drive                                                    MISTAKE  in the
                                           Skidmore/Magellan                                                      Plan.
However, this "Intermediate Level Illustration Plan" presented by Magellan incorrectly assumes that the space of Middle Harbor Drive is available for the "Potential Pedway (by others)".
<-----------This recent pictureof the southwest corner of the Harbor Point garage (built in 1974) shows there is no room to turn the corner and hang the Potential Pedway Link (by others) under Upper Harbor Drive.  Middle Harbor Drive does not exist and the space is taken by both the 155 Harbor garage and the 175/195 Harbor garage.




<------------This is Lower Harbor Drive (and my                       patient wife waiting for the photographer)
Note wording of "will" and not "may"
Note reference to original 1969 PD 70 three provisions that are still applicable in the year 1993 and 2000.
Note that the reference to the three provisions in the 1969 PD 70 were not superseded.
The developer cannot move the "covered walkway" 1000 feet away and then demand prepayment from ODE for a $10,000,000 "connection" cost. But that untenable situation is similar to what is happening. The developer cannot be allowed by Chicago to negate their Agreement with ODE by their unilateral actions.
The only financial liability of the developer is to design and pay for the Pedway  connection over their own property. ODE has the option of connecting to the 1969 required continuous covered walkway system. Magellan lawyers define the word "continuous" as "stopping" at the southeast corner of the proposed building west of Buckingham (and not even going to Field Drive as the 1993 PD 70 requires). That interpretation does not appear very continuous to ODE.  It sounds more like an impossible $10,000,000 problem.
Does the existing sales contract contain the required reference?
Chicago officials and the developer had no knowledge of this document several months ago. Has it been found now? Will Chicago factor it into any amendment adopted in 2000?
<--------Note location recommended               by developer
Direct to Review of latest Magellan Plan (phasing updated)
Visits to this page.
This slide was presented March 20, 2001 to the Chicago City Council Committee on Zoning. It shows the developer's responsibility to pay for the Pedway. Magellan has agreed to pay for the planned Pedway to the Buckingham and to Outer Drive East - but as of March 26, 2001 has NOT AGREED to pay for the planned Pedway to 155, 175, or 195 Harbor.

Two zoning lawyers were hired by Buckingham (Tom Moore) and Outer Drive East (John Pikarski). They were briefed by the New Eastside Forum personnel  and persons in each building and were successful in obtaining direct access for both buildings (as well as reduced townhome height and distance).

If the city allows the developer to eliminate paying for direct access to the three buildings on Harbor Drive, we should urge the City of Chicago  to pay for the commitment that was made in 1969.   Alderman Natarus may now understand the inequity in eliminating access for only our 3 buildings. He may like to hear your thoughts at burtnatarus@natarus.com He did listen carefully to the March 20th presentation.
Note History
of
Withdrawal
..........And success for Buck. and 400 with a Pedway access agreement being completed.
THESE LETTERS REFER TO MAGELLAN COMMENTS IN THEIR LETTER DATED APRIL 17, 2001   
                      A
B
C
D
E
F
G
H
I
J   BOTH ABOVE AND BELOW
K
L
M
N
O
.{{.............................PEDWAY SUGGESTED OVER                                    TOWNHOMES
                                       similar to construction over townhomes
                                       northwest of Buckingham
.{{..................................NOTE "COMMON CORNER"
Pedway page 4 with Magellan critique and website responses
CLICK BUTTON TO RETURN TO THE MAGELLAN CRITIQE OF THIS PAGE AND THE WEBSITE RESPONSE PUBLISHED JULY 10, 2001.  YOU MAY ALSO USE YOUR "BACK" AND "FORWARD" ARROWS TO RETURN  TO THE SAME SPOT ON THE PAGE (WITH INTERNET EXPLORER).
PEDWAY INDEX
PEDWAY INDEX
     PEDWAY page 3
(scroll down to currently approved Pedway)